HomeMy WebLinkAbout12-17-2012 Council Meeting Packet
City Council Meeting
December 17, 2012 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
1. Arts Commission Appointment
City Council confirm the appointment of Colleen Maloney to the Arts
Commission for a term expiring December 31, 2013.
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. Public Hearing on Right-of-Way Vacation V1-12 (Wagner/Dowdy)
City Council to conduct a public hearing on the vacation of 2nd Street NE
between 1st Street NE and 3rd Street NE, east of E Street NE and the alley
between 2nd Street NE and 3rd Street NE, east of E Street NE.
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. December 10, 2012 Minutes* (Peloza)
B.Planning & Community Development
1. December 10, 2012 Minutes* (Backus)
C.Public Works
1. December 3, 2012 Minutes* (Wagner)
D.Finance
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1. December 3, 2012 Minutes* (Partridge)
E.Les Gove Community Campus
1. December 11, 2012 Agenda* (Wagner)
F.Council Operations Committee
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 December 3, 2012 regular meeting*
B. Claims Vouchers (Partridge/Coleman)
Claims check numbers 418928 through 419294 in the amount of $3,401,123.59
and dated December 17, 2012.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533462 through 533502 in the amount of $815,086.65 and
electronic deposit transmissions in the amount of $1,226,930.34 for a grand total of
$2,042,016.99 for the period covering November 29, 2012 to December 12, 2012.
D. Agreement for Services Contract #AG-S-062 with Vadis* (Peloza/Coleman)
City Council approve Service Agreement No. AG-S-062 between the City of
Auburn and Vadis for a litter control program, beginning January 1, 2013, and
ending December 31, 2014.
E. Public Works Project No. CP1210* (Peloza/Dowdy)
City Council approve Final Pay Estimate No. 4 to Small Works Contract No. 12-11
in the amount of $1,559.40 and accept construction of Project No. CP1210, Auburn
Valley Humane Society Site Work Improvements
(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. 6431* (Wagner/Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington, Vacating
Right-of-Way of 2nd Street NE Between 1st Street NE and 3rd Street NE, East of E
Street NE and the Alley Between 2nd Street NE and 3rd Street NE, East of E
Street NE within the City of Auburn, Washington
(ACTION REQUESTED: City Council adopt Ordinance No. 6431.)
B. Ordinance No. 6440* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington relating to
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planning; adopting Comprehensive Plan Map and Text Amendments pursuant to
the provisions of RCW 36.70A
(ACTION REQUESTED: City Council adopt Ordinance No. 6440.)
C. Ordinance No. 6442* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington amending
Sections 3.60.036, 3.94.090, 3.94.100, 3.94.120, 10.02.120, 12.24.090,
12.64A.060, 13.32A.130, 13.41.070, 15.76.040, 16.06.330, 16.08.080, 16.10.150,
16.10.160, 16.10.170, 17.06.030, 17.10.050, 17.20.030, 17.22.030, 18.46A.040,
18.49.090, 18.62.030, 18.62.080, 18.64.020, 18.64.055, 18.68.030, 18.70.050,
18.70.060, 18.76.130 and 19.06.080 of the Auburn City Code and amending and
relocating Chapter 18.64 to new Chapter 2.46 to the Auburn City Code; all relating
to the Office of the Hearing Examiner
(ACTION REQUESTED: City Council adopt Ordinance No. 6442.)
D. Ordinance No. 6445* (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the Auburn City Code
relating to school impact fees
(ACTION REQUESTED: City Council adopt Ordinance No. 6445.)
VIII.RESOLUTIONS
A. Resolution No. 4881* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
renewal of Pubic Way Agreement (PWA) 99-02 and amending the terms of the
agreement
(ACTION REQUESTED: City Council adopt Resolution No. 4881.)
B. Resolution No. 4887* (Partridge/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute lease agreement between the City of Auburn and
Congressman Dave Reichert, a member of the U.S. House Of Representatives
(ACTION REQUESTED: City Council adopt Resolution No. 4887.)
C. Resolution No. 4888* (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute the Memorandum of Agreement between the City
of Auburn and King County for pre-design services of a Regional Training Facility
(ACTION REQUESTED: City Council adopt Resolution No. 4888.)
D. Resolution No. 4889* (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute a services contract with the Seattle-King County Department of
Public Health for reimbursement of funds related to 2013 Local Hazardous Waste
Management Program activities
Page 3 of 305
(ACTION REQUESTED: City Council adopt Resolution No. 4889.)
E. Resolution No. 4890* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to award and execute an agreement with the lowest responsible bidder for
construction of small Public Works Contract Number 12-22 for Project MS1203
15th St SW and West Valley Highway Signal #128 Repairs
(ACTION REQUESTED: City Council adopt Resolution No. 4890.)
F. Resolution No. 4891* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to accept a grant from the Washington State Transportation Improvement
Board for the Auburn Way South and M Street - 17th Street SE Intersection
improvements
(ACTION REQUESTED: City Council adopt Resolution No. 4891.)
G. Resolution No. 4892* (Partridge/Heineman)
A Resolution of the City Council of the City of Auburn, Washington authorizing the
Mayor and City Clerk to execute a contract for public defense services for January
1, 2013 - June 30, 2013 between the City and the Law Offices of Matthew J.
Rusnak
(ACTION REQUESTED: City Council adopt Resolution No. 4892.)
H. Resolution No. 4893* (Backus/Heid)
A Resolution of the City Council of the City of Auburn, Washington, repealing
Resolution No. 4779 passed December 5, 2011,and designating the members,
powers, duties and meeting times and day of all standing committees of the City
Council of the City of Auburn
(ACTION REQUESTED: City Council adopt Resolution No. 4893.)
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.
*Denotes attachments included in the agenda packet.
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Page 5 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on Right-of-Way Vacation V1-12
Date:
November 6, 2012
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Right-of-Way Vacation V1-12.
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the
proposed right-of-way vacation for V1-12 for the right-of-way of 2nd Street NE between
1st Street NE and 3rd Street NE, east of E Street NE and right-of-way of the Alley
between 2nd Street NE and 3rd Street NE, east of E Street NE described in Exhibit "A"
and shown on Exhibit "B". The date of the public hearing was set by Resolution No. 4874
on November 19, 2012.
O3.9 V1-12
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 6 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
December 10, 2012 Minutes
Date:
December 12, 2012
Department:
Police
Attachments:
December 10, 2012 Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:December 17, 2012 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 7 of 305
Municipal Services Committee
December 10, 2012 - 3:30 PM
Council Conference Room
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in the Council
Conference Room of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Peloza, Vice Chair Wayne Osborne,
Member Wales.
Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Finance
Director Shelley Coleman, Public Works Director Dennis Dowdy,
Project Engineer Leah Dunsdon, Solid Waste and Recycling
Supervisor Joan Nelson, and Police Secretary/Scribe Terry Mendoza.
Others present: Citizen Scot Pondelick and Auburn Reporter
representative Robert Whale.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. November 26, 2012 Meeting Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Wales seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
B. Public Works Project No. CP1210 (Dunsdon)
Project Engineer Leah Dunsdon presented the Final Pay Estimate No.
4 to Small Works Contract No. 12-11 to the committee for
approval. The Final Pay amount is $1,559.40 and construction of
Project No. CP1210, Auburn Valley Humane Society Site Work
Improvements is completed and under budget.
Vice Chair Osborne moved to forward to full Council for approval.
Member Wales seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
Page 1 of 3
MS.1 Page 8 of 305
C. Vadis Service Agreement #AG-S-062 (Coleman)
AG-S-062 is a bi-annual Service Agreement between the City of
Auburn and Vadis for a litter control program. The contract is effective
January 1, 2013 through December 31, 2014. This new
contract represents a two percent (2%) increase for 2013 and two and
one half percent (2-1/2%) for 2014. Member Wales reported that they
have eliminated the car washing portion.
Member Wales moved to forward this to full Council for consideration.
Vice Chair Osborne seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. RESOLUTIONS
A. Resolution No. 4886 (Faber)
Parks, Arts and Recreation Director Daryl Faber presented information
to the committee regarding the Mountain View Cemetery Endowed
Care Fund. In reviewing Cemetery operations and in comparison to
local cemeteries, staff is recommending that ACC 3.04.090 be
modified by Resolution No. 4886 to reflect that the Endowed Care Fee
be added to the sale of each grave, niche and crypt as set forth in the
City of Auburn Fee Schedule. The recommended change will increase
the cost of graves, niches and crypts ten percent (10%) and will relate
to an approximate revenue increase of $30,000 annually. Committee
discussion followed.
Vice Chair Osborne moved to forward to full Council for consideration
pending review by the City Attorney for correct Ordinance or
Resolution process. Member Wales seconded. Chair Peloza
concurred.
MOTION PASSED: 3-0
B. Resolution No. 4888 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute the Memorandum of
Agreement between the City of Auburn and King County for pre-
design services of a Regional Training Facility. Police Chief Bob
Lee advised that this represents funding for the preliminary stages of
facility design. Committee discussion followed.
Vice Chair Osborne moved to forward to full Council for consideration.
Member Wales seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
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MS.1 Page 9 of 305
C. Resolution No. 4889 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a services contract with the Seattle-
King County Department of Public Health for reimbursement of funds
related to 2013 Local Hazardous Waste Management Program
Activities. Solid Waste and Recycling Supervisor Joan Nelson advised
that this is the annual grant for outreach on hazardous waste. In 2013,
the City will be promoting the Neighborhood Natural Yard Care
Program to one neighborhood and provide hazardous waste education
to residents and businesses. Committee discussion followed.
Member Wales moved to forward to full Council for consideration.
Vice Chair Osborne seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Project Matrix
The following items of interest have been added to the Project Matrix:
Item 5I: Review Cemetery Endowment Care Fund. Review at first
meeting in September 2013.
Item 6I: Review all non-Utility Enterprise Fees/Funds. Review at first
meeting in September 2013.
V. ADJOURNMENT
The meeting was adjourned at 3:52 p.m. The next meeting of the
Municipal Services Committee is Monday, January 14, 2013 at 3:30 p.m. in
the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA.
Signed this _________ day of January, 2013.
________________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
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MS.1 Page 10 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
December 10, 2012 Minutes
Date:
December 12, 2012
Department:
Planning and Development
Attachments:
Draft Minutes - December 10, 2012
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:
Meeting Date:December 17, 2012 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 11 of 305
Planning and Community
Development
December 10, 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 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; Economic Development
Manager Doug Lein; Public Works Director Dennis Dowdy;
Engineering Aide Amber Mund; Planning Manager Elizabeth
Chamberlain; Principal Planner Jeff Dixon; Senior Planner Stuart
Wagner; and Planning Clerk Bobbie Hodgkinson.
Members of the audience present were Scott Pondeleck, Eli Berman,
Skyline Properties, Inc.; Andy McAndrews, CHS Consultants; Bob
Kenworthy, Auburn School District; Tanya Nascimento, Federal Way
School District; Gwen Escher-Derdowski, Kent School District; Robert
Whale, Auburn Reporter; and Nancy Wyatt and Brian Benerd, Auburn
Chamber of Commerce.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - November 26, 2012 (Snyder)
Vice-Chair Partridge moved and Member Holman seconded to
approve the November 26, 2012 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
Ordinance No. 6442 (Wagner) Page 1 of 5
PCD.1 Page 12 of 305
A. Request Committee motion action to recommend to full City Council
approval of Ordinance No. 6442.
Senior Planner Stuart Wagner briefly summarized the proposed staff-
initiated code amendments in Phase 2, Group 2 to relocate the
Hearing Examiner chapter including some additions and administrative
changes. Following a brief discussion and clarification of certain
changes to the code, the Committee concurred to take action on this
item.
Vice-Chair Partridge moved and Member Holman seconded to forward
Ordinance No. 6442 to full City Council for review and approval.
Motion carried unanimously. 3-0
B. Ordinance No. 6440 - 2012 Comprehensive Plan Amendments
(Dixon)
Request for Committee motion action to recommend to full City
Council approval of Ordinance No. 6440.
Principal Planner Jeff Dixon provided background on the 2012
Comprehensive Plan Amendments brought back before the
Committee for review. Principal Planner Dixon stated that at the last
meeting the Committee reviewed all of the amendments as well as the
Planning Commission's recommendations. He summarized the
amendments, as detailed in the staff report. Principal Planner Dixon
noted that new in the Comprehensive Plan notebook, before the
Environmental Review tab, are the verbatim minutes from the Planning
Commissions' last hearing that were not available during the last
meeting. He further added that other items highlighted in the staff
report and are new additions to the notebook is a minor change to the
City's Capital Facilities Plan to recognize an adjustment of moving
some funds from one of the City Hall remodel projects to another City
Hall remodel project and only affects one page in the document. The
other change is at the Public Works Committee meeting on the
changes to the City's Comprehensive Transportation Plan with a minor
wording change to a policy within Chapter 5, specifically Policy T28
recommending the word "all" be removed.
The Committee invited representatives from the school districts to
come to the table to present information in connection with their
Capital Facilities Plans in relationship to their impact fees. Bob
Kenworthy, Auburn School District; Tanya Nascimento, Federal Way
Public Schools; and Gwenn Escher-Derdowski, Kent School
District presented the Committee with information in support of their
School District submittal. A representative from Derringer School
District was not present to comment.
Page 2 of 5
PCD.1 Page 13 of 305
Member Holman moved and Vice-Chair Partridge seconded to forward
Ordinance No. 6440 to full City Counsil for review and approval.
Motion carried unanimously. 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 4881 (Mund)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the renewal of PWA 99-02 and amending the terms of the
agreement between the Olympic Pipeline Company and the City of
Auburn.
Engineering Aide Amber Mund briefly described Ordinance No.
4881, presented to the Committee for discussion. Engineering Aide
Mund stated the resolution renews Olympic Pipeline's Public-Way
Agreement for an additional 5 years and added there were no changes
to the agreement with the exception of the term. Ms. Mund confirmed
that there were no complications or concerns generated in the past
five years with Olympic Pipeline. Public Works staff clarified for the
Committee that notices of public hearings about an increase in
pipeline size and a new line coming in through Auburn were not in
connection with Olympic Pipeline but rather announcements made by
Williams. There were no further questions from the Committee.
B. Ordinance No. 6445 - School Impact Fees (Dixon)
Request for Committee review and discussion of the proposed 2013
school impact fees for Auburn School District, Dieringer School
District, Federal Way School District and Kent School District.
Planning Director Snyder asked if the Committee would be
comfortable with making this item an action item. Upon consideration,
the Committee unanimously agreed to staff's proposal.
Principal Planner Dixon noted that the members of the school districts
talked about their Capital Facilities Plan and the relationship to their
impact fees. Principal Planner Dixon explained that the Committee
has seen the Capital Facilities Plans as part of the Comprehensive
Plan Amendments because if we adopt their Capital Facilities Plans
this becomes part of our Chapter 5 and our capital facilities element of
the City's Comprehensive Plan. Principal Planner Dixon further added
that by specific separate ordinance and as a separate action, Chapter
19.02 is actually amended, which is the City's School Impact Fee
ordinance. Each of the school districts have prepared their Capital
Facilities Plan using the formulas provided in the Auburn City Code for
the calculation of their impact fees, which includes a discount, to come
up with a proposed figure. In the case of the Derringer School District,
Planner Dixon stated there was a difference between the fee that was
proposed for Pierce County impact fee for the same school district.
Page 3 of 5
PCD.1 Page 14 of 305
The proposal was drafted to keep that school impact fee
commensurate with that passed by Pierce County, which is lower and
typically applied to all the school districts within their jurisdiction.
Planner Dixon clarified that the Table does not reflect that deduction to
the Pierce County level; however, the ordinance does. Staff confirmed
for Derringer School District for single family was going down to
$3,005.00 from $3,500.00.
Vice-Chair Partridge moved and Member Holman seconded to move
to full City Council for review and approval.
Motion carried unanimously. 3-0
C. Review Arterial Street Needs (Dowdy)
Public Works Director Dennis Dowdy stated that this subject was
presented before the Committee several weeks ago and when it went
to Public Works they requested to share with other Council members
the attached maps that illustrate what the current requirement would
be if we looked at arterial streets today with additional funding versus
the requirement if we stay with current revenues for a period of up to 5
years and what it would look like 5 years from now. Director Dowdy
stated that the condition of some of the roadways would continue to
deteriorate and you would be looking at an increase in price in current
dollars from $69 Million to $89 million over a period of 5 years waiting
and using existing revenues, which currently is approximately $1.5
Million per year to repair the arterial street system. Director Dowdy
added that currently out of the $1.5 Million there is about $100,000 in
crack sealing each year; several hundred thousand in deep
patching; Public Works is not currently doing any overlays due to the
limited funds available. He further added that once funds become
available, everything that has been deep patched should immediately
be overlayed so the whole street is protected. Director Dowdy added
this is the first year of chip sealing arterials but additional resources
are needed to catch up.
D. Director's Report (Snyder)
Planning Director Snyder provided the Committee with a copy of
the notice that we received grant funding for the Fenster Setback
Levee on the Green River. We received $327,353 which makes our
project of $1.2 Million whole and includes six other funding
sources. Director Snyder acknowledged Chris Andersen and Jamie
Kelly for their efforts in making this grant a priority to the Salmon
Recovery Funding Board. The Committee asked Director Snyder to
pass along their appreciation to Chris and Jamie and anyone else who
worked on this application. Director Snyder noted as we come to the
end of 2012, we are fast approaching 400 new single family home
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PCD.1 Page 15 of 305
building permits issued, which is the best year since 2004 and there is
the potential to see those same numbers or better next year
depending on external and other impact factors. Also, Director Snyder
stated we have a number of plats that have come back on line.
Director Snyder stated that we are roughly $800,000 ahead of revenue
projections for building permits.
On behalf of all of the members of the Planning and Development
Department, Director Snyder thanked the Committee, the Mayor, and
other departments that Planning worked with throughout the year
making this a very successful year. The Committee echoed the same
sentiments to the Planning Department for outstanding work and for
making the citizens of Auburn welcome with an efficient and effective
process.
E. PCDC Matrix (Snyder)
In connection with parking, Director Snyder confirmed that staff will
come back to the Committee in the January and February of next year
with another draft.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 5:42
p.m.
DATED THIS _____ day of ______________, 2012.
____________________________
Nancy Backus - Chair
____________________________
Bobbie Hodgkinson, Planning Clerk
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PCD.1 Page 16 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
December 3, 2012 Minutes
Date:
December 12, 2012
Department:
Public Works
Attachments:
December 3, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:December 17, 2012 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 17 of 305
Public Works Committee
December 3, 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, City Engineer/Assistant Director
Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer
Dan Repp, Transportation Manager Pablo Para, Street Systems
Engineer Seth Wickstrom, Project Engineer Kim Truong, Planning
Manager Elizabeth Chamberlain, Principal Planner Jeff Dixon,
Customer Services Manager Brenda Goodson-Moore, Finance
Director Shelley Coleman, citizens Jolene Alexander and Scott
Pondelick and Public Works Secretary Jennifer Cusmir.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the minutes of the November 19, 2012
Public Works Committee Meeting.
Chairman Wagner asked about the outcome of the Trust Lands Utility
Agreement. Director Dowdy answered that the Legal Department is
still working on the agreement with the Muckleshoot Indian Tribe
(MIT).
Chairman Wagner asked staff to include the action items documented
during the discussion on System Development Charges to the Action
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PW.1 Page 18 of 305
Matrix.
Motion Carried Unanimously. 3-0.
B. Public Works Project No. CP1224 (Wickstrom)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council grant permission to
enter into Consultant Agreement No. AG-C-428 with Jacobs
Engineering Group, Inc for engineering services for Project No.
CP1224, 2013 Local Street Pavement Reconstruction Project.
Chairman Wagner asked when the project costs for utility work will be
available. Street Systems Engineer Wickstrom answered when the
project is about halfway into design there should be an accurate
estimate for the project’s cost in order to determine if utility funds are
available to meet the need. The estimate should be ready early 2013.
Chairman Wagner asked the project be placed on the Action Matrix to
be reviewed at 50% design.
Street Systems Engineer Wickstrom answered questions asked by
Chairman Wagner regarding the consultant costs listed on the budget
status sheet and the amount listed in the scope of work.
Assistant City Engineer Gaub explained that the main reason a
consultant is being used for the project is due to the size of the project,
the amount of utility and roadwork and the timeframe staff has to get
the project out to construction by summer 2013, in response to a
question asked by Member Osborne.
Motion Carried Unanimously. 3-0.
C. Public Works Project No. CP1211 (Truong)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council approve Final Pay
Estimate No. 2 to Small Works Contract No. 12-12 in the amount of
$0.00 and accept construction of Project No. 1211 Downtown
Sculpture Garden.
Chairman Wagner spoke about the dedication of the Sculpture Garden
and commended the City departments for their corporation on the
project.
Chairman Wagner noted that the City will consider purchasing the
People’s Choice Award.
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PW.1 Page 19 of 305
Motion Carried Unanimously. 3-0.
III. DISCUSSION ITEMS
A. Leak Adjustment Request - Appeal (Coleman)
Councilmember Peloza moved and Councilmember
Osborne seconded to change the leak adjustment policy to include
the footprint of the whole house, the amount of the leak adjustment to
remain the same, $500.00, and to make the policy change retroactive.
Finance Director Coleman explained the circumstances of the water
leak being considered and stated the application for a leak adjustment
does not meet the criteria of the leak adjustment policy.
Finance Director Coleman stated that staff can continue brining leak
adjustments to the Committee for consideration or the Finance
Department may be granted leeway in making adjustment decisions
up to a certain amount.
The water customer, Ms. Alexander, addressed the Committee and
provided the Committee with a brief explanation of her
circumstances. Ms. Alexander noted that when she was first notified of
the leak, and following several subsequent notifications, she could not
locate any leak.
Chairman Wagner clarified that the Committee will be discussing not
only Ms. Alexander’s leak adjustment, but also the ongoing adjustment
policy. Finance Director confirmed that to be correct.
Finance Director Coleman stated that if the City makes an adjustment,
per the current policy, the adjustment would be $468.84, if the leak
had met the adjustment criteria.
Chairman Wagner and the Committee discussed the current policy.
Finance Director Coleman answered questions asked by Vice-Chair
Peloza regarding what the amount of Ms. Alexander’s adjustment
would be if the leak met the current criteria of the policy.
Chairman Wagner pointed out that the Committee may decide to
change the policy and make that change retroactive so that the
changes would apply to Ms. Alexander’s case.
The Committee discussed whether or not to make utility account
adjustment when leaks occur inside a house and not only when they
occur in the service line.
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PW.1 Page 20 of 305
Finance Director Coleman explained how the leak adjustment
amounts are calculated.
Member Osborne recommended a policy change stating if there is a
leak between the service line and inside the structure would qualify for
the $500.00 adjustment. Any amount beyond the $500.00 would need
to go to the Committee for approval.
Finance Director Coleman asked for additional policy guidance, asking
if under the house included leaking toilets and/or lines to ancillary
structures which are not inspected facilities. Chairman Wagner stated
the ancillary structures and irrigations systems would not be included
under the change policy, Vice-Chair Peloza agreed.
The Committee and staff discussed what other hardships may be
considered in relation to leak adjustments on utility accounts.
The Committee and staff discussed how customers' diligence and
effort in making repairs is determined.
Motion Carried Unanimously. 3-0.
B. 2012 Annual Comprehensive Plan Amendments (Dixon)
Review and discuss the 2012 annual Comprehensive Plan
Amendments and Planning Commission recommendations.
Principal Planner Dixon reviewed the agenda packet content including
in the Summary Matrix. The matrix summarizes the five
Comprehensive Plan map amendments and seven policy and text
amendments. Dixon stated that the amendments are either publicly
initiated amendments or the privately initiated amendments from
applicants.
Principal Planner Dixon explained that all of the details, application
materials, maps, and staff reports, related to the amendments are in
the Comprehensive Plan Working Binders provided to the Committee.
T
he Committee and staff reviewed CPA #3 on the Year 2012 Annual
Comprehensive Plan Amendment (CPA) Summary Matrix, Map No.
14.1, File No. CPA12-0003, Locke Property This is the request to
change the designation from “Single Family Residential” to “High
Density Residential” for a 1.88-acre property as a private map
amendment.
Principal Planner Dixon explained the related issue of the wrong
Comprehensive Plan designation for two adjacent parcels and not the
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one that is the subject of the Comprehensive Plan Amendment
request. The Committee and staff reviewed the mapped
comprehensive plan designations and the zoning map.
Principal Planner Dixon explained that the wrong designation for the
two adjacent properties is attributable to a scrivener’s error at the
adoption of Ordinance No. 6138 in 2007. He recounted the history
leading to the ordinance and the council’s legislative intent. He noted
there were both public meetings in the Lea Hill area and a Citizen
Advisory Committee, providing input to the Comprehensive Plan
designations during annexation process.
Chairman Wagner asked if any other properties that were designated
multi-family were rezoned single-family in the Lea Hill Area at the
time. Planning Manager Chamberlain answered that there following
annexation, the area in question, was down-zoned. Chamberlain
explained property owners in the annexation area were notified and
two public hearings were held before Council and the Planning
Commission. Chairman Wagner asked if some of the parcels
surrounding the applicant’s parcel were multi-family prior to annexation
and down-zoning. Planning Manager Chamberlain responded that
they were and pointed out of the map which properties were multi-
family.
Chamberlain explained that during the zoning and Comprehensive
Plan changes, prior to the annexation becoming effective, a greater
amount of the area was multi-family and the Council, working with the
Citizen Advisory Committee and through the public hearings, moved to
designate only what was already developed as multi-family as multi-
family and any other parcels that were vacant or had a single-family
house on them they were down-zoned to Single Family Residential
and R5. Principal Planner Dixon stated that Council consciously made
that decision to limit the amount of multiple family development
allowed, in order to make sure infrastructure improvements were
keeping pace with development on Lea Hill.
Vice-Chair Peloza asked what the next step for denial of the
application is. Principal Planner Dixon answered that the Planning
Commission held a public hearing on the amendment and established
a record for the request and the staff report made a recommendation
for denial. The Planning Commission also made a recommendation for
denial. The request will go back to the Planning and Community
Development Committee on December 10th, to make
recommendation for the full Council action potentially on December
17, 2012.
The Committee and staff discussed the existing infrastructure in the
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Lea Hill vicinity.
The Committee and staff continued review of the Year 2012 Annual
Comprehensive Plan Amendment (CPA) Summary Matrix.
The Committee and staff reviewed P/T #6, Revisions to Chapters 2
and 5 of the City’s Comprehensive Transportation Plan.
Principal Planner Dixon stated the changes to Chapter 2 are related to
the roadway capacity improvement projects and the cost estimates
that are featured in Table 2-3 of the plan. The narrative, table and map
all needed to be updated to correspond.
Chairman Wagner spoke about including the streets/projects that were
designated as priorities at the Council Transportation Retreat being
included on page 2-15 or Project Groups A, B, and C, in the
Comprehensive Transportation Plan.
Principal Planner Dixon stated bulleted items on page 2-15 refer to
intersections that are not in the City’s jurisdiction but should be
evaluated for program improvements. These are not part of the
document proposed for changing. Transportation Manager Para stated
the projects discussed at the Council Retreat are listed in the
preceding section in Project Group A. Para explained that Project
Group B includes projects scheduled outside the 6-year planning
period and Project Group C and projects not in the City, but projects
that the City would like to see completed.
At the Committee’s request, he Committee and staff discussed the
general introductory explanation of corridor level of service in Chapter
2.
In relation to page 2-9, the Committee discussed a concern that a
focus on “corridor level of service” may restrict management of
individual signals and disadvantage local circulation. North/south traffic
flow versus east/west traffic flow along Auburn Way was
discussed. Chairman Wagner requested Corridor Level of Service be
added to the Committee’s Action Matrix.
Chairman Wagner spoke about downtown traffic circulation and the
important of keeping eat/west bound traffic moving through the
downtown area.
Transportation Manager Para stated there is a Comprehensive
Transportation Plan update scheduled for the next biennium, in
response to a question asked by Chairman Wagner. The update
process will begin in 2013 and be completed in 2014.
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PW.1 Page 23 of 305
Transportation Manager Para spoke about operational changes that
could be made to the way the signals are timed that would help
address the traffic flow concerns of the Committee.
Chairman Wagner and Mayor Lewis spoke about whether or not to
include a statement regarding more consideration being giving to local
circulation than has been given in the past under the corridor level of
service policy, in the Comprehensive Plan. It was decided not to
include any statement in the Comprehensive Plan amendments under
consideration at this time and to add the question of level of corridor
service to the Action Matrix and future Transportation Plan.
The Committee and staff discussed mentioning event traffic and
modeling in the Comprehensive Plan. Transportation Manager Para
stated that event traffic cannot be included in the transportation model,
but can be addressed by separate model runs. He offered that event
traffic is something that can be included in the next Transportation
Plan update. Member Osborne asked that the subject be added to the
Action Matrix.
Transportation Manager Para answered questions asked by the
Committee regarding the modeling of event traffic and traffic
generated by the White River Amphitheater.
To focus on the currently-proposed amendments, Transportation
Manager Para explained that in the proposed update of the
Comprehensive Plan, staff was focusing on updating a few key issues
that were impacting the ability to complete the current development
reviews and to update the project list to be current with the City’s
impact fee system and the current Transportation Plan, in response to
a question asked by Vice-Chair Peloza.
Chairman Wagner recommended adding information regarding the
cost of maintenance of the existing street system to the future update
of the Transportation Plan.
In addition to Figure 2-6, Chairman Wagner and staff spoke about
including a larger scale map of the regional view of transportation in
the future update of Comprehensive Transportation Plan.
Related to Policy TR-4, page 5-2, the Committee discussed revision of
the policy to recognize both, safety and efficiency as prioritized over
driving convenience.
Chairman Wagner suggested the word “all” be removed from TR-28,
page 5-5. Staff agreed the change would be made as part of the
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PW.1 Page 24 of 305
current Comprehensive Plan amendments.
The Committee and staff discussed alley-loaded residential
subdivision developments. The committee asked that the future
Transportation Plan update should include promotion and incentives
for alley-loaded lot access within residential subdivisions.
The Committee and staff discussed the feasibility of roundabouts and
whether or not roundabouts should be noted as being preferred over
traffic signals in relation to Policy TR-110. Since the policy is qualified
with “whenever feasible and appropriate” no change was considered
necessary.
C. Review Arterial Street Needs (Para)
The Committee reviewed the maps which listed the costs associated
with the Arterial Street Needs. Director Dowdy point out the $20M cost
of waiting to fund road repairs.
D. 2013 Sidewalk Repair Project Areas (Wickstrom)
Member Osborne asked if the sidewalk were ever ground. Assistant
Director/City Engineer Selle answered in some cases the sidewalk can
be ground down however, this is usually a maintenance action versus
a capital project.
The Committee agreed with the selected project areas.
E. Resolution No. 4885 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
Declaring Certain Items of Property as Surplus and Authorizing their
Disposal
The Committee supported adoption of Resolution No. 4885.
F. Capital Project Status Report (Gaub)
Item 11 – C207A – A Street NW Corridor Phase I: Assistant City
Engineer Gaub stated the City is in the process of resubmitted the
petition with the UTC and BSNF. The UTC meets on December 13th
and if the petition is approved the corridor may be able to open as
early as December 14th depending on the UTC’s decision
Item 22 – CP1120 – Lea Hill Safe Routes to Schools
Improvements: Chairman Wagner asked for a Committee review at
50% design.
Item 27 – CP1024 – AWS and M Street SE Intersection
Improvements: Assistant City Engineer Gaub reported that a TIB grant
has been received and funds the next phase of this project.
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PW.1 Page 25 of 305
Item D – CP1016 – Fenster Levee Project: Vice-Chair Peloza reported
that there was a meeting regarding the $327K in SRFB funding this
week and he will look into it.
G. Action Tracking Matrix (Dowdy)
Chairman Wagner asked for Item E to be expanded to address the
steps for SDC’s for 2012 discussed at the last meeting and that the
items mentioned during the meeting be added.
IV. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:57 p.m.
Approved this 17th day of December, 2012.
____________________________ _______________________________
Rich Wagner, Chair Jennifer Cusmir, Department Secretary
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PW.1 Page 26 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
December 3, 2012 Minutes
Date:
December 10, 2012
Department:
Finance
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Information only.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:
Meeting Date:December 17, 2012 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 27 of 305
Finance Committee
December 3, 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 Annex
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 John Partridge, Vice Chair John Holman, and Member Largo Wales
were present.
City officials and staff members present included: Mayor Peter B. Lewis,
Chief of Police Bob Lee, City Attorney Daniel B. Heid, Finance Director
Shelley Coleman, Public Works Director Dennis Dowdy, Planning and
Development Director Kevin Snyder, Principal Planner Jeff Dixon,
Innovation and Technology Director Ron Tiedeman, Public Affairs and
Marketing Manager Glenda Carino, Planning Manager Elizabeth
Chamberlain, and City Clerk Danielle Daskam.
Also present were Auburn Area Chamber of Commerce President and
Chief Executive Officer Nancy Wyatt, Scot Pondelick, and John Pinsker.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. November 19, 2012 Minutes
Vice Chair Holman moved and Member Wales seconded to approve the
November 19, 2012 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims check numbers 418646 through 418927 in the amount of
$1,374,500.86 and dated December 3, 2012.
Committee members reviewed the claims and payroll vouchers.
Page 1 of 6
FN.1 Page 28 of 305
Vice Chair Holman moved and Member Wales seconded to approve the
claims and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 533388 through 533461 in the amount of
$328,593.97 and electronic deposit transmissions in the amount of
$1,230,710.73 for a grand total of $1,559,304.70 for the period covering
November 15-28, 2012
See claims vouchers above for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6421 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance
as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No.
6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379,
Ordinance No. 6400, and Ordinance No. 6410, authorizing amendment to
the City of Auburn 2011-2012 Budget as set forth in schedule "A" and
schedule "B"
Finance Director Coleman presented Ordinance No. 6421, approving
budget amendment number 9. The ordinance was discussed at all
Council committees and at the previous Finance Committee meeting.
Vice Chair Holman moved and Member Wales seconded to approve and
forward Ordinance No. 6421 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Ordinance No. 6432 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
adopting the 2013-2014 Biennial Budget for the City of Auburn,
Washington
Finance Director Coleman presented Ordinance No. 6432, adopting the
City's Biennial Budget for years 2013-2014. Director Coleman stated that
the Council reviewed the budget in several work sessions and held two
public hearings on the proposed budget. The preliminary budget was
published on November 2nd and available for public review and comment.
Vice Chair Holman expressed eagerness to tie performance measures
(smart goals) to the budget. Member Wales agreed with Vice Chair
Holman but recommended that the Council implement smart goals for
specific portions of the budget.
Mayor Lewis recommended that the Council hold a retreat or Committee
of the Whole session to further discuss the implementation of smart goals
and provide staff with direction.
Page 2 of 6
FN.1 Page 29 of 305
Member Wales moved and Vice Chair Holman seconded to approve and
forward Ordinance No. 6432 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. RESOLUTIONS
A. Resolution No. 4873 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and the City Clerk to execute an agreement for
services between the City of Auburn and the Auburn Area Chamber of
Commerce to operate a visitor information center, promote tourism
awareness within the city and to provide services associated with
supporting the city's economic development efforts
Finance Director Coleman presented Resolution No. 4873, which
approves an agreement for services with the Auburn Area Chamber of
Commerce to operate a visitor information center, promote tourism
awareness, and provide services associated with supporting the City's
economic development efforts. The agreement was reviewed at the last
Finance Committee meeting.
There was brief discussion regarding the hotel/motel tax, which provides
funding for tourism activities. Approximately $80,000 in hotel/motel taxes
are received annually.
Member Wales questioned whether the Chamber is a non-partisan
organization. Chamber President and CEO Nancy Wyatt responded that
the Chamber is non-partisan and never contributes to candidate
campaigns.
Chair Partridge noted the high number of calls and walk-in traffic handled
by the Chamber of Commerce. Chair Partridge spoke favorably of the
partnership with the Chamber.
Vice Chair Holman moved and Member Wales seconded to approve and
forward Resolution No. 4873 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Resolution No. 4879 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a contract with
Washington Advocates, LLC, for consulting services
Resolution No. 4879 authorizes an agreement for services with
Washington2 Advocates LLC for consulting services. The resolution was
reviewed by the Finance Committee at its last meeting.
Mayor Lewis stated that the resolution renews the annual agreement with
Page 3 of 6
FN.1 Page 30 of 305
Washington2 Advocates, which serves as the City's federal lobbying
team. Mayor Lewis pointed out the 2012 accomplishments and 2013
anticipated work plan provided by the consultant.
Mayor Lewis stated that Government Relations Manager Carolyn
Robertson coordinates state, county, regional, and federal efforts.
Washington2 Advocates ensures key relationships are maintained to
protect the City's interests at the federal level.
Vice Chair Holman moved and Member Wales seconded to approve and
forward Resolution No. 4879 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Resolution No. 4884 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the conversion to, and sale of Auburn Police Canine Henk as
surplus property of the City of Auburn.
Chief of Police Lee explained that the resolution authorizes the surplus of
police canine, Henk, as surplus property.
Henk will be retired from service, and his handler has declined to keep the
dog. The dog will be sold to John B. Douglas for $3,000. John B. Douglas
trains German Shepherds in the area of Schutzund and personal security.
Vice Chair Holman moved and Member Wales seconded to approve and
forward Resolution No. 4884 to the full Council.
MOTION CARRIED UNANIMOUSLY. 3-0
D. Resolution No. 4885 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain items of property as surplus and authorizing their
disposal
Public Works Director Dowdy presented Resolution No. 4885, which
surpluses a 2008 Ford prisoner transport van and a walk through metal
detector. The City no longer has a municipal court and the items cannot
be used by any other department. By law, metal detectors can only be
used for courts.
Member Wales moved and Vice Chair Holman seconded to approve and
forward Resolution No. 4885 to the full Council.
MOTION CARRIED UNANIMOUSLY. 3-0
V. DISCUSSION ITEMS
A. Vadis Service Agreement #AG-S-062 (Coleman)
AG-S-062 is a bi-annual service agreement between the City of Auburn
and Vadis for a litter control program, beginning January 1, 2013, and
Page 4 of 6
FN.1 Page 31 of 305
ending December 31, 2014.
Finance Director Coleman presented the Vadis Service Agreement, which
is a bi-annual service agreement between the City and Vadis for a litter
control program. The agreement includes a recycling pickup program.
The City has had a similar agreement with Vadis for decades. Vadis is a
non-profit organization located in Sumner that develops employment
opportunities for individuals with disabilities.
B. 2012 Annual Comprehensive Plan Amendments (Dixon)
Review and discuss the 2012 annual Comprehensive Plan Amendments
and Planning Commission recommendations.
Principal Planner Jeff Dixon reviewed the proposed 2012 Comprehensive
Plan amendments and the Planning Commission's recommendations on
the proposed amendments.
The proposed amendments include privately initiated and publicly (City)
initiated changes to the Comprehensive Plan Map and policy/text
amendments. Five map amendments and seven policy and text
amendments were received.
The Planning Commission has held three public hearings on the proposed
amendments and made their recommendations, which are summarized in
the agenda packet. The map amendments include:
Map Amendment No. 1 revises the electrical service facilities map No. 6.1.
Map Amendment No. 2, a privately initiated amendment, is related to River
Mobile Home Park, 3611 I Street NE, to change the Comprehensive Plan
designation from Public/Quasi-Public to Moderate Density Residential and
rezone from P1, Public Use to RMHS, Residential Mobile Home
Community approximately 6.36 acres for replacement of mobile home
spaces and vehicle parking displaced by King County's Reddington Levee
Extension and Setback Project.
Map Amendment No. 3 to change 1.88 acres of property on Lea Hill at
12130 SE 310th Street, from Single Family Residential to High Density
Residential and rezone from R5 Residential to R20 Residential. The
Planning Commission recommends denial of the request. The Planning
Commission cited concerns about creep of expansion of multi-family
residential and traffic issues.
Map Amendment No. 4 from the Auburn School District, 800 4th Street
NE, in anticipation of future redevelopment of Auburn High School, to
change the Comprehensive Plan designation of 14 parcels located
southeast of the high school from Office Residential to Public/Quasi-Public
and rezone from RO, Residential Office, to I, Institutional, and change 12
parcels located northwest of the high school from High Density Residential
to Public/Quasi-Public and rezone from R2O, Residential, to I, Institutional.
Page 5 of 6
FN.1 Page 32 of 305
Map Amendment No. 5 adds a new Comprehensive Plan map to show
Economic Development Strategy Areas.
Policy/text amendments 1 through 4 incorporate the Auburn, Dieringer,
Federal Way and Kent School Districts' Capital Facilities Plans.
Policy/text amendment 5 incorporates the City's Capital Facilities Plan.
Policy/text amendment 6 revises the Comprehensive Transportation Plan.
Policy/text amendment 7 revises Chapter 14 related to Economic
Development Strategy Areas.
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 6:27 p.m.
APPROVED this 17th day of December, 2012.
______________________________ ________________________________
John Partridge, Chair Danielle Daskam, City Clerk
Page 6 of 6
FN.1 Page 33 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
December 11, 2012 Agenda
Date:
December 13, 2012
Department:
Administration
Attachments:
Agenda
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wagner Staff:
Meeting Date:December 17, 2012 Item Number:CC.1
AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 34 of 305
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Page 1 of 17CC.1 Page 35 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the December 3, 2012 regular meeting
Date:
December 12, 2012
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:December 17, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 36 of 305
City Council Meeting
December 3, 2012 - 7:30 PM
Auburn City Hall
MINUTES
Watch the meeting video
Meeting videos are not available until 72 hours after the meeting has concluded.
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the
Auburn City Hall Council Chambers, located at 25 West Main Street,
and led those in attendance in the Pledge of Allegiance.
B. Roll Call
Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza,
John Partridge, Largo Wales, Wayne Osborne, and John Holman.
Department directors and staff members present: Economic
Development Manager Doug Lein, Planning and Development Director
Kevin Snyder, Chief of Police Bob Lee, Public Works Director Dennis
Dowdy, Finance Director Shelley Coleman, City Attorney Daniel
B. Heid, Assistant Director of Human Resources and Risk
Management Rob Roscoe, Public Affairs and Marketing
Manager Glenda Carino, Parks, Arts and Recreation Director Daryl
Faber, Innovation and Technology Director Ron Tiedeman,
Government Relations Manager Carolyn Robertson, Planning
Manager Elizabeth Chamberlain, Police Commander Dave Colglazier,
Advisor to the Mayor Michael Hursh, and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Presentation by Department Directors on Impact of Potential
Annexation of City of Pacific
Mayor Lewis stated as a follow-up to the Council special meeting
on November 30, 2012, Department Directors will be giving
presentations this evening on the impacts of the potential
annexation of the City of Pacific. The Pacific City Council has
recently passed a resolution placing a question on the February
2013 ballot for dissolution of the city. The City of Auburn has
been working closely with the City of Pacific Mayor and Council,
and the City of Auburn currently provides Innovation and
Technology services to the City of Pacific by contract. Auburn
has conveyed a willingness to assist the City of Pacific in all ways,
including offering a supervisory/management agreement.
Page 1 of 14
CA.A Page 37 of 305
Mayor Lewis advised that the City of Sumner has submitted a
letter of intent to annex the Pierce County portion of Pacific to
the Pierce County Boundary Review Board.
Parks, Arts and Recreation Director Daryl Faber reported that the
City of Pacific has twelve parks and ten walking/bicycling trails.
Pacific City Park and Blueberry Park are the two largest parks
while the other ten parks are pocket parks between one-quarter
and one-half of an acre in size and Volunteer Park which is about
five acres. The City of Auburn provides six acres of park per
1,000 residents; however, Pacific is deficient of approximately one
community (10 acre) park. Pacific is also deficient in park quality.
The estimated annual maintenance cost of their parks system
is approximately $250,000 and one time expense of
approximately $180,000 would be required for equipment. Pacific
has an 8,000 square foot community center building that is used
in the afternoon by adults and by teens after school. The cost to
operate is approximately $80,000. It appears that the community
center building has deferred maintenance. Pacific also operates a
small senior center of approximately 2,000 square feet that
provides one room programming for seniors and a Meals on
Wheels program.
Director Faber stated that the citizens of Pacific use Auburn's
parks and recreation programs extensively. Over the past
year, more than 600 transactions have come from Pacific
residents.
Assistant Director of Human Resources and Risk Management
Rob Roscoe reported on risk management and insurance matters
relating to the potential annexation of the City of Pacific. The City
of Pacific has been put on notice that their insurance carrier,
Cities Insurance Association of Washington (CIAW), will cancel
liability insurance coverage on December 31, 2012. Significant
liability concerns exist depending on when the City of Auburn
would annex and whether or not insurance is in place at the time
of annexation. City of Pacific has a "claims made" policy for
errors and omissions and employment practices liability
coverage. Claims are covered during the policy year it is in
effect. The statute of limitations for most tort claims is three years
from the date of occurrence. City of Pacific would need to
purchase "tail-coverage" for future claims filed in 2013-2016 for
occurrences that took place in 2012.
Assistant Director Roscoe stated that lack of insurance
jeopardizes the City of Pacific's assets that might be assumed by
Page 2 of 14
CA.A Page 38 of 305
Auburn and places their employees' personal assets at risk. Any
debt not secured by insurance would be encumbered by Pacific's
general assets. The City of Auburn's exposure would be limited.
Any new claims for damages are expected to be proportional to
the population being added by the annexation and can be
absorbed administratively.
Assistant Director Roscoe stated it is difficult to determine the
condition of their current infrastructure, but once annexation
occurs, Auburn will have a reasonable opportunity to discover
potential defects before becoming potentially liable.
Staffing analysis would need to be conducted to determine what
staffing increases, if any, would need to take place to provide
current level of services. Current union contracts would have to
be reviewed and researched. It is too early to know the impacts
and the current agreements must be read to understand all the
potential impacts as well as understanding staffing levels needed
and any redundancies that could be eliminated.
In response to questions from Council, Mr. Roscoe stated that the
City of Pacific has two, but may have as many as four, collective
bargaining agreements. City Attorney Heid reminded that the
Valley Regional Fire Authority would continue to serve the City of
Pacific even if the City of Pacific ceases to exist. The service
boundaries of the Valley Regional Fire Authority were set by a
vote of the service area.
Information and Technology Director Ron Tiedeman reported that
Auburn has been providing support for IT functions for City of
Pacific for over a year. The largest impact to staff would be staff
time and data conversion of their existing systems. Currently
Auburn shares two systems with Pacific for police records and
utility billing.
Chief of Police Bob Lee reported that the City of Pacific has
approximately 6,700 citizens with a 2013 budgeted police force of
eleven commissioned officers and two non-commissioned
positions. The commissioned ranks consist of a police chief, one
lieutenant, two sergeants, six patrol officers and one detective.
The non-commissioned staff consists of two record specialists.
The current level of service is 1.63 officers per 1,000 residents;
while the City of Auburn has a level of service of 1.41 officers per
1,000 residents. If annexation occurred, the level of service would
decrease to 1.39 officers per 1,000 residents. The scenario is
based on adding eight commissioned officers and one record
specialist. The deployment plan would be to designate the
Page 3 of 14
CA.A Page 39 of 305
geographical boundaries of the City of Pacific as it owns patrol
district.
Chief of Police Lee stated that other impacts or implications of
annexation relate to Valley Communications and addressing
issues (duplicate addressing possibilities) and potential delays in
the CAD Tiburon due to reconfiguration; an increased SCORE
budget; challenges in hiring and training staff; patrol operations;
community programs and education; increased case load due to
taking on all active felony and misdemeanor case investigations;
and records where a complete inventory of their evidence room
would be required prior to transferring the items to Auburn Police.
Chief Lee provided estimates of start-up costs and ongoing
annual costs. Ongoing annual costs is approximately $1.4 million.
In response to questions from Council, Chief Lee stated
that Auburn has a crime rate of 56 crimes per 1,000 population
while Pacific has approximately 26 crimes per 1,000 population.
Finance Director Shelley Coleman reported that she reviewed City
of Pacific's most recent budget and financial report.
Approximately 75 percent of the land mass of Pacific is in King
County while the remaining 25 percent is in Pierce County. Of the
approximate 6,700 residents of Pacific, only 85 people live in the
Pierce County portion of the city.
Director Coleman stated that the City of Pacific has modest
reserves and essentially the City lives within its means and has
low debt. In looking at the 2011 Financial Report and the 2012
Budget, there are 28 funds that carry out general government
services and provide utilities for its citizens. City of Pacific
receives approximately $3 million in general fund revenue,
approximately $435 per capita. In comparison, the City of
Auburn's general fund revenue is $709 per capita. The largest
revenues are from property tax, utility tax, and business and
occupation tax. Approximately 30 percent of the property tax
revenue comes from the Pierce County area of Pacific.
Approximately 50 percent of the retail sales tax comes from the
Pierce County portion of Pacific. Director Coleman also estimated
(based on land use) that most of the business and occupation tax
revenue is derived from the Pierce County portion of Pacific.
Director Coleman noted that the City of Auburn's general fund
expenditures are approximately $880 per capita while the City of
Pacific's general fund expenditures are approximately $576 per
capita.
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CA.A Page 40 of 305
As of December 31, 2012, the City of Pacific debt is about $2.5
million for utility improvements, LID's, capital leases for vehicles,
insurance assessment, and employee leave balances and
accruals. City of Pacific's cash resources include $3.2 million
across funds and another $3.2 in the utility fund.
Director Coleman stipulated that the analysis does not address
capital requirements that may be necessary to bring Pacific's
infrastructure up to par with Auburn's.
Public Works Director Dennis Dowdy presented a preliminary
assessment of the City of Pacific infrastructure. He agreed with
Finance Director Coleman that the per capita revenues for Pacific
have not been as great as the revenues in Auburn.
One advantage of annexation is the potential for the completion of
the Stewart Road widening project. The Transportation
Improvement Board has yet to release funds to Pacific for the $4.7
million widening project until Pacific meets six points of
concern. The TIB grant is equal to 88 percent of the total project
cost.
The disadvantages of annexation include incorporating all of
Pacific's infrastructure in Auburn's Cartegraph and eGIS systems.
Pacific has no known pavement rating system, but it is estimated
that $20-$26 million would be needed to improve Pacific arterials.
Pacific's water system has no apparent issues with source,
treatment and distribution. There are no outstanding compliance
issues with Department of Health. Director Dowdy stated that
some of Pacific's water system is quite dated, and it is estimated
that 20 percent of the mains are asbestos cement. The condition
of the sewer system is unknown and an inventory of the system
would be needed. The storm drainage system for Pacific is
unknown and their conformance with the NPDES is unknown.
Director Dowdy stated there are many open storm ditches, and
very few storm drains are evident.
Director Dowdy stated that Auburn's initial level of service offered
to the residents of the City of Pacific would be hindered due to
the condition and lack of information regarding the Pacific
infrastructure.
Director Dowdy stated that the difference between the potential
annexation of Pacific and the Lea Hill annexation is the higher
level of service standard provided by King County for roads. In
response to questions from Council, Director Dowdy advised that
Pacific's primary water source is one well. Pacific also purchases
water from Sumner and the Lakehaven Utility District.
Page 5 of 14
CA.A Page 41 of 305
Councilmember Wagner noted that the soil differences between
the Pacific area and the Lea Hill and West Hill annexation areas
impacts the infrastructure needs.
Planning and Development Director Snyder displayed a City of
Pacific zoning map. He noted that the portion of Pacific
within King County is highly residential, with small areas of multi-
family residential, public lands, and industrial zoning. The
revenue producing portion of the City of Pacific is primarily in the
Pierce County portion of the city. The area of Pacific in Pierce
County is primarily commercial and industrial. Today, the City of
Sumner filed a letter of intent to annex the portion of
Pacific within Piece County. If this were to occur, the annexation
would leave a largely residential portion of Pacific as
unincorporated King County with limited services.
Director Snyder stated that the proposed annexation of Pacific
would have little or no impact on Auburn staffing levels. Where
the challenges would occur are in administrative services to
accommodate records and integration of information and data.
City of Pacific's permit volume is ten percent of Auburn's; there
is anticipated a significant and early increase in customer
interactions at the Customer Service Center from Pacific
residents.
Director Snyder recommended adopting City of Pacific
Comprehensive Plan designations and policies, environmental
designations and policies, zoning designations and policies for a
minimum one year while concurrently assessing and developing
updated designations. Time and resource commitment levels for
these efforts will significantly limit the ability to take on new
initiatives, not only for staff, but for the Planning Commission and
City Council Committees as well.
Director Snyder stated that annexation will require integration of
all land parcels in Pacific into the City of Auburn address/grid
system. This would require significant dedication of multi-
departmental staff time and resources and will require a minimum
of one year to develop the plan.
Director Snyder stated that annexation would provide potential
economic development opportunities. There are approximately
232 acres of industrial zoned properties, 124 acres of heavy
commercial zoned properties, and 37 acres of light commercial
zoned properties.
Page 6 of 14
CA.A Page 42 of 305
Additionally, annexation will provide potential partnership
opportunity with the City of Sumner to complete the processing
and obtainment of a shared Manufacturing and Industrial Center
designation by Puget Sound Regional Council. This regional
designation would provide a new avenue for the potential receipt
of federal transportation funding.
City Attorney Heid reported there would be some additional work
required by the Legal Department up front, such as the
preparation of documents, contracts, and meeting notices.
However, in the long term the impacts to the department would
probably be no more than is proportional to the population being
added to the City of Auburn. No need to increase staff is
expected at this time.
City Attorney Heid stated it is imperative that City of Pacific retain
its insurance coverage. He noted that Pacific Councilmembers
have indicated that if their insurance is lost, they will resign
leaving no Council with which the Auburn City Council can enter
agreements.
Councilmember Holman stated the City could designate the City
of Pacific as a potential annexation area under the Growth
Management Act.
Advisor to the Mayor Michael Hursh spoke regarding the
demographics of the City of Pacific. Demographics taken from
other sources include:
Home Ownership: Auburn 60% Pacific 50%
Multi-family Housing Auburn 34% Pacific 39%
The median value of owner occupied housing units in Auburn is
$25,000 higher than in Pacific. The quality of life in Auburn is 34
points higher than in Pacific. The education index is higher in
Auburn, and the median income is $5,000 higher in Auburn.
Low/moderate income residents comprise 49% of Auburn
residents while 59% of Pacific residents are considered
low/moderate income.
Advisor to the Mayor Hursh advised that additional services will be
needed to provide the same level of service to Pacific residents
without diluting the quality of life of existing Auburn residents.
In response to questions from Council, Mr. Hursh reported that the
City of Pacific has a lower median age. Mr. Hursh advised that
the City of Pacific is part of the community development
Page 7 of 14
CA.A Page 43 of 305
consortium, unlike Auburn, which is a direct entitlement City as it
relates to Community Development Block Grant funds.
Mayor Lewis expressed support for the City of Pacific and its
continued existence as a municipal government. Mayor Lewis
stated that he will be forwarding information on the impacts and
the costs of annexation of the City of Pacific on the City of Auburn
to the Governor's Office and the King County Executive. It is
unknown at this time, if the City of Pacific will adopt a resolution
requesting annexation by the City of Auburn. However, to
preserve the option by the Auburn City Council to consider
annexation of the City of Pacific, some steps need to be taken
now.
City Attorney Heid distributed copies of Letters of Intent by the
cities of Pacific and Auburn for the annexation of the City of
Pacific into the City of Auburn addressed to the Washington State
Boundary Review Board for King County and the Pierce County
Boundary Review Board for Council consideration. He noted that
the letters do not bind either city. City Attorney Heid briefly
reviewed the annexation process should it proceed.
Deputy Mayor Backus moved and Councilmember Peloza
seconded to authorize the Mayor to sign the letters of intent to the
Boundary Review Boards for King County and Pierce County with
an additional reference to the intent of the City of Auburn to annex
the entire City of Pacific.
In response to questions from Councilmember Partridge, Mayor
Lewis stated that with Pacific's current revenues of $3 million and
expenditures of approximately $5 million, the annexation of Pacific
is not feasible without assistance from the State and counties.
Staff will continue to bring information to the Council on the
impacts of annexation of the City of Pacific.
Councilmember Wales questioned whether the residents of
Pacific view annexation to Auburn as favorable.
Councilmember Partridge questioned the voting demographic of
Pacific and its effect on the conditions of Pacific today. He
expressed concern that the unity of Auburn could be adversely
affected by the annexation of Pacific.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Agenda Modifications
Revised minutes of the November 19, 2012 City Council meeting and
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CA.A Page 44 of 305
revised Ordinance No. 6443 were distributed prior to the meeting.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Sue O'Neil, 120th Avenue SE, Bellevue, WA
Ms. O'Neil stated that her family has owned property and a business in
the City of Pacific on the south side of Stewart Road for twenty-one
years. She expressed support for annexation to the City of Auburn.
Jeff Trimble, 50th Street SE, Auburn
Mr. Trimble stated that he has lived in Auburn for over five years. He
expressed appreciation for the parks and schools and the work of the
Mayor and Council. He expressed opposition to the City's attempt to
restrict the participation of the Veterans for Peace in the 2012
Veterans Day Parade. Mr. Trimble questioned the decision making
and questioned the cost of the litigation. Mayor Lewis requested that
Mr. Trimble visit the Mayor's Office for further discussion.
John Pinsker, E Street SE, Auburn
Mr. Pinsker expressed opposition to the City's attempt to prohibit the
Veterans for Peace members from marching in the Veterans Day
Parade.
Virginia Haugen, R Street SE, Auburn
Ms. Haugen expressed opposition to the City of Auburn's pursuit to
annex the City of Pacific.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met
November 26, 2012. The Committee reviewed Resolution No. 4884
and discussed financial options, the Vadis service agreement, and the
false alarm prevention program. The next regular meeting of the
Municipal Services Committee is scheduled for December 10, 2012.
Page 9 of 14
CA.A Page 45 of 305
B. Planning & Community Development
Vice Chair Partridge reported the Planning and Community
Development Committee met November 26, 2012. The Committee
discussed Ordinance No. 6421, financial options, the code update
project, the 2012 Comprehensive Plan amendments, and received the
Arts Commission annual report. The next regular meeting of the
Planning and Community Development Committee is scheduled for
December 10, 2012.
C. Public Works
Chair Wagner reported the Public Works Committee met this
afternoon at 3:30. The Committee reviewed a change in leak
adjustment policy, the 2012 Comprehensive Plan amendments, and
arterial street needs. The next regular meeting of the Public Works
Committee is scheduled for December 17, 2012.
D. Finance
Chair Partridge reported the Finance Committee met this evening at
5:30. The Committee reviewed claims vouchers in the amount of $1.4
million and payroll vouchers in the amount of approximately $1.6
million. The Committee also reviewed Ordinance No. 6421, Ordinance
No. 6432, Resolution No. 4873 relating to a contract with the Auburn
Area Chamber of Commerce, Resolution No. 4879 authorizing a
contract with Washington2 Advocates, Resolution No. 4884
surplussing the police canine, Henk, and Resolution No. 4885
authorizing the surplus of property and equipment. The Committee
discussed the Vadis service agreement and the 2012 Comprehensive
Plan amendments. The next regular meeting of the Finance
Committee is scheduled for December 17, 2012.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus
Committee meeting is scheduled for December 11, 2012.
F. Council Operations Committee
Deputy Mayor Backus reported the Council Operations Committee met
this evening at 5:00. The Committee discussed the formation of a
Junior City Council, Councilmember assignments for 2013, and
Council Rules of Procedure relating to Council communications. The
next regular meeting of the Council Operations Committee is
scheduled for January 7, 2013 at 5:00 p.m.
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.Page 10 of 14
CA.A Page 46 of 305
A. November 19, 2012 Regular Meeting Minutes
B. Claims Vouchers (Partridge/Coleman)
Claims check numbers 418646 through 418927 in the amount of
$1,374,500.86 and dated December 3, 2012.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533388 through 533461 in the amount of
$328,593.97 and electronic deposit transmissions in the amount of
$1,230,710.73 for a grand total of $1,559,304.70 for the period
covering November 15-28, 2012
D. Public Works Project No. CP1211 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 2 to Small Works
Contract No. 12-12 in the amount of $0.00 and accept construction of
Project No. CP1211 Downtown Sculpture Garden
E. Public Works Project No. CP1224 (Wagner/Dowdy)
City Council grant permission to enter into Consultant Agreement No.
AG-C-428 with Jacobs Engineering Group, Inc. for Engineering
Services for Project No. CP1224, 2013 Local Street Pavement
Reconstruction Project
Deputy Mayor Backus moved and Councilmember Wagner seconded
to approve the Consent Agenda.
The Consent Agenda includes claims and payroll vouchers and public
works contract items.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 6421 (Partridge/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget
Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352,
Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378,
Ordinance No. 6379, Ordinance No. 6400, and Ordinance No. 6410,
authorizing amendment to the City of Auburn 2011-2012 Budget as set
forth in schedule "A" and schedule "B"
Councilmember Partridge moved and Councilmember Holman
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CA.A Page 47 of 305
seconded to adopt Ordinance No. 6421.
Ordinance No. 6421 approves budget amendment number 9 to the
2012 Budget and includes amendments to transportation, water utility
project funds, flood control barrier removal, household hazardous
waste fees, facilities repairs and maintenance, FEMA reimbursement,
utility bond projects and Redflex expenditure changes.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6432 (Partridge/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
adopting the 2013-2014 Biennial Budget for the City of Auburn,
Washington
Councilmember Partridge moved and Councilmember Holman
seconded to adopt Ordinance No. 6432.
Ordinance No. 6432 approves the 2013-2014 Biennial Budget.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Ordinance No. 6443 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
approving the request of Kathy Cruze for a rezone from R-7
Residential 7 du/acre to RO Residential Office to implement the
Comprehensive Plan and amending the City's zoning maps
accordingly
Deputy Mayor Backus moved and Member Partridge seconded to
adopt Ordinance No. 6443.
Ordinance No. 6443 approves a rezone of one parcel at 105 M Street
NE from R-7 Residential to RO, Residential/Office.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. RESOLUTIONS
A. Resolution No. 4873 (Partridge/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and the City Clerk to execute an agreement for
services between the City of Auburn and the Auburn Area Chamber of
Commerce to operate a visitor information center, promote tourism
awareness within the City and to provide services associated with
supporting the City's economic development efforts
Councilmember Partridge moved and Councilmember Holman
seconded to adopt Resolution No. 4873.
Page 12 of 14
CA.A Page 48 of 305
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 4879 (Partridge/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a contract with
Washington Advocates, LLC, for consulting services
Councilmember Partridge moved and Councilmember Holman
seconded to adopt Resolution No. 4879.
MOTION CARRIED. 7-0
C. Resolution No. 4884 (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the conversion to, and sale of Auburn Police Canine Henk
as surplus property of the City of Auburn
Councilmember Peloza moved and Councilmember Osborne
seconded to adopt Resolution No. 4884.
Resolution No. 4884 declares retired police canine, Henk, as surplus.
The dog will be sold to a dog handler for security work.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 4885 (Partridge/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain items of property as surplus and authorizing their
disposal
Councilmember Partridge moved and Councilmember Holman
seconded to adopt Resolution No. 4885.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Backus reported that she attended the Auburn Tourism
Board meeting. Deputy Mayor Backus thanked the Parks, Arts and
Recreation Department staff for an outstanding Santa Parade and
related activities.
Councilmember Peloza reported on his attendance at the South
County Area Transportation Board meeting, the Airport Advisory Board
meeting, and the National League of Cities Conference where he Page 13 of 14
CA.A Page 49 of 305
attended Energy, Environment and Natural Resources Committee
meetings. Councilmember Peloza noted that the City of Auburn is
among the top twenty cities participating in the National League of
Cities Prescription Discount Program.
Councilmember Partridge commented on his attendance at the Auburn
Sculpture Gallery Walk and the National League of Cities Conference.
B. From the Mayor
Mayor Lewis commented on a successful Veterans Day Parade on
November 10th and a wonderful Santa Parade in downtown this past
weekend.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 10:00 p.m.
APPROVED this 17th day of December, 2012.
_____________________________ ____________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
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CA.A Page 50 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
December 12, 2012
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims check numbers 418928 through 419294 in the amount of $3,401,123.59 and
dated December 17, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:December 17, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 51 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
December 12, 2012
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll check numbers 533462 through 533502 in the amount of
$815,086.65 and electronic deposit transmissions in the amount of $1,226,930.34 for a
grand total of $2,042,016.99 for the period covering November 29, 2012 to December
12, 2012.
Background Summary:
Payroll check numbers 533462 through 533502 in the amount of $815,086.65 and
electronic deposit transmissions in the amount of $1,226,930.34 for a grand total of
$2,042,016.99 for the period covering November 29, 2012 to December 12, 2012.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:December 17, 2012 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 52 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Agreement for Services Contract #AG-S-062 with Vadis
Date:
December 10, 2012
Department:
Finance
Attachments:
Vadis Service Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council approve the 2013-2014 Service Agreement No. AG-S-062 with Vadis.
Background Summary:
AG-S-062 is a bi-annual service agreement between the City of Auburn and Vadis for a litter
control program, beginning January 1, 2013, and ending December 31, 2014. This agreement
also includes a recycling pickup program that runs from April to September of each year. The
City's current agreement with Vadis is valid through December 31, 2012. The fees for services
under this agreement shall not exceed $148,188 in 2013 and $151,890 in 2014.
Vadis is a non-profit corporation that develops employment opportunities for individuals with
disabilities. Each litter crew is made up of five specially challenged individuals and a crew
supervisor who collect trash and debris along City traveled ways. The contract has been
renewed annually since 1991.
Vadis Litter Crew Accomplishments
1) Annually, the litter crews remove 5,000 bags of litter from City traveled ways.
2) The litter crews maintain approximately 100 waste receptacles, 15 ash receptacles (for
cigarette butts), and 45 recycling receptacles in the City.
3) The recycling crew maintains 90 recycling containers at the City Parks.
4) The litter crews respond to calls on illegal dumping 2 - 3 times per week.
5) The litter crews also fill sandbags as needed.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:December 17, 2012 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 53 of 305
AG-S-062
Vadis
Page 1 of 7
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-062
THIS AGREEMENT made and entered into on this day of , 2012,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as “City” and Vadis, 1701 Elm Street, Sumner WA 98390,
hereinafter referred to as the “Provider.”
W I T N E S S E T H :
WHEREAS, the City is engaged in or readying itself to be engaged in its litter control
and recycling program and is in need of services of individuals, employees or firms for litter
control and recycling work; and,
WHEREAS, the City desires to retain the Provider to provide certain services in
connection with the City’s work related to litter control and recycling; and,
WHEREAS, the Provider is qualified and able to provide services in connection with
the City’s needs for the above-described work, and is willing and agreeable to provide
such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to perform in a good and professional manner the tasks
described on Exhibit “A” which is attached hereto and incorporated herein by this
reference. (The tasks described on Exhibit “A” shall be individually referred to as a
“task,” and collectively referred to as the “services.”) The Provider shall perform the
services as an independent contractor and shall not be deemed, by virtue of this
Agreement and the performance thereof, to have entered into any partnership, joint
venture, employment or other relationship with the City.
2. Additional Services
From time to time hereafter, the parties hereto may agree to the performance by the
Provider of additional services with respect to related work or projects. Any such
agreement(s) shall be set forth in writing and shall be executed by the respective
parties prior to the Provider’s performance of the services there under, except as may
be provided to the contrary in Section 3 of this Agreement. Upon proper completion
and execution of an Amendment (agreement for additional services), such
Amendment shall be incorporated into this Agreement and shall have the same force
and effect as if the terms of such Amendment were a part of this Agreement as
originally executed. The performance of services pursuant to an Amendment shall be
subject to the terms and conditions of this Agreement except where the Amendment
provides to the contrary, in which case the terms and conditions of any such
Amendment shall control. In all other respects, any Amendment shall supplement
and be construed in accordance with the terms and conditions of this Agreement.
CA.D Page 54 of 305
AG-S-062
Vadis
Page 2 of 7
3. Performance of Additional Services Prior to Execution of an Amendment
The parties hereby agree that situations may arise in which services other than those
described on Exhibit “A” are desired by the City and the time period for the
completion of such services makes the execution of Amendment impractical prior to
the commencement of the Provider’s performance of the requested services. The
Provider hereby agrees that it shall perform such services upon the written request of
an authorized representative of the City pending execution of an Amendment, at a
rate of compensation to be agreed to in connection therewith. The invoice procedure
for any such additional services shall be as described in Section 8 of this Agreement.
4. Provider’s Representations
The Provider hereby represents and warrants that he has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform
such services.
5. City’s Responsibilities
The City shall do the following in a timely manner so as not to delay the services of
the Provider:
a. Designate in writing a person to act as the City’s representative with respect to the
services. The City’s designee shall have complete authority to transmit
instructions, receive information, interpret and define the City’s policies and
decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
Specific responsibilities of the City are set forth in Exhibit B, which is attached hereto
and by this reference made a part of this agreement.
6. Provider’s Responsibilities
Specific responsibilities of the Provider are set forth in Exhibit B, which is attached
hereto and by this reference made a part of this agreement.
7. Acceptable Standards
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to the City.
8. Compensation
As compensation for the Provider’s performance of the services provided for herein,
the City shall pay the Provider the fees and costs specified on Exhibit “C” attached
hereto and made a part hereof (or as specified in an Amendment). The Provider shall
submit to the City an invoice or statement of time spent on tasks included in the
scope of work provided herein, and the City shall process the invoice or statement in
the next billing/claim cycle following receipt of the invoice or statement, and shall
remit payment to the Provider thereafter in the normal course, subject to any
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conditions or provisions in this Agreement or Amendment. The Agreement number
must appear on all invoices submitted.
9. Time for Performance and Term of Agreement
The Provider shall not begin any work under this Agreement until authorized in writing
by the City. The Provider shall perform the services provided for herein in
accordance with the direction and scheduling provided on Exhibit “A” attached hereto
and incorporated herein by this reference, unless otherwise agreed to in writing by
the parties. The Term of this Agreement shall terminate on December 31, 2014.
10. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared
by the Provider as part of his performance of this Agreement (the “Work Products”)
shall be owned by and become the property of the City, and may be used by the City
for any purpose beneficial to the City.
11. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records and
books of accounts pertaining to any work performed under this Agreement shall be
subject to inspection and audit by the City for a period of up to three (3) years from
the final payment for work performed under this Agreement.
12. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract
is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the
Provider shall continue to make a good faith effort to cooperate and continue work
toward successful completion of assigned duties and responsibilities.
13. Administration of Agreement
This Agreement shall be administered by Wayne Perrault, on behalf of the Provider,
and by the Mayor of the City, or designee, on behalf of the City. Any written notices
required by the terms of this Agreement shall be served on or mailed to the following
addresses:
City of Auburn VADIS
Joan Nelson Mary Bushnell
Solid Waste & Recycling Supervisor Group Employment Manager
25 W Main St 1701 Elm Street
Auburn, WA 98001-4998 Sumner, WA 98390
Phone: 253-876-1900 Fax: 253-863-2040
E-mail: jenelson@auburnwa.gov E-mail: mary@vadis.org
14. Notices
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person
or deposited in the United States mail, postage prepaid, for mailing by certified mail,
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return receipt requested, and addressed, if to a party of this Agreement, to the
address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating his,
her or its new address, to the other party, pursuant to the procedure set forth above.
15. Insurance
The Provider shall be responsible for maintaining, during the term of this Agreement
and at its sole cost and expense, the types of insurance coverages and in the
amounts described below. Insurance is to be placed with authorized insurers in
Washington State with a current A.M. Best rating of not less than A-: VII. The
Provider shall furnish evidence, satisfactory to the City, of all such policies. During
the term hereof, the Provider shall take out and maintain in full force and effect the
following insurance policies:
a. Automobile Liability insurance, covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage. Provider
shall maintain automobile insurance with minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no
endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse or underground property damage. The
City shall be named as an insured under the Contractor’s Commercial General
Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured-
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage. Commercial General Liability insurance shall be
written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00
general aggregate, and a $2,000,000.00 products-completed operations
aggregate limit.
c. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
16. Indemnification
The Provider shall indemnify and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of
the negligent act or omission of the Provider, its officers, agents, employees, or any
of them relating to or arising out of the performance of this Agreement. If a final
judgment is rendered against the City, its officers, agents, employees and/or any of
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them, or jointly against the City and the Provider and their respective officers, agents
and employees, or any of them, the Provider shall satisfy the same to the extent that
such judgment was due to the Provider’s negligent acts or omissions.
17. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to cause
any such liability or obligation to be reduced to a secondary liability or obligation.
18. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national origin, sex, age, or where there
is the presence of any sensory, mental or physical handicap.
19. Amendment, Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party
or parties to be bound, or such party’s or parties’ duly authorized representative(s)
and specifying with particularity the nature and extent of such amendment,
modification or waiver. Any waiver by any party of any default of the other party shall
not affect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
20. Termination and Suspension
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.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Provider if the services provided for herein are no longer needed from
the Provider.
If this Agreement is terminated through no fault of the Provider, the Provider shall be
compensated for services performed prior to termination in accordance with the rate
of compensation provided in Exhibit “C” hereof.
21. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the
exclusive benefit of the parties hereto and it does not create a contractual relationship
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with or exist for the benefit of any third party, including contractors, sub-contractors
and their sureties.
22. 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.
23. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in of the county in Washington State in which the property or
project is located, and if not site specific, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation
shall commence no later than the substantial completion by the Provider of the
services.
24. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply. As used herein, where appropriate, the singular shall include the
plural and vice versa and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
25. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision hereof
is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
26. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect to
the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
27. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CITY OF AUBURN VADIS
___________________________________
Peter B. Lewis, Mayor Signature
Name:
Title:
Attest:
________________________________
___________________________________ Signature
Danielle Daskam, City Clerk Name:
Title:
Approved as to form:
___________________________________
Daniel B. Heid, City Attorney
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AG-S-062
Exhibit A
Page 1 of 2
EXHIBIT A
SCOPE OF WORK
The purpose of this Agreement is to contract with the Provider, a non-profit corporation
that develops employment for individuals with disabilities, on a two-year clean-up
program for the Solid Waste Division.
Litter Crew
The Provider’s Litter Crew shall perform the following:
A. Specific Tasks
The Provider’s Litter Crew will collect and remove litter, trash, and debris from the
shoulders of City traveled ways (including but not limited to streets, roads, alleys,
paths, and parkways), public parking lots, and other designated areas. An additional
supervisor, possessing a “Traffic Control Flagging License” certified by the State of
Washington, will perform flagging on the busy streets such as Howard Road, Kersey
Way, and Auburn Way South. This additional supervisor will be available two days
per month.
B. Examination of Work Sites
The Provider shall examine all work sites thoroughly before commencing work at the
site. It shall be the responsibility of the Provider to verify all the duties, assignments,
and job sites. All existing conditions at the job site will be noted and copies with
verification noted, given to the City’s Solid Waste and Recycling Supervisor on a
daily basis.
C. Hours
•••• The Provider shall perform tasks to completion between the hours of 8:00 AM
and 3:30 PM Monday through Friday.
•••• The Provider shall recognize the same observed holidays as the City.
•••• The Provider will also take two (2) Floating Holidays per year for staff training.
Hill Litter Crew
The Provider’s Hill Litter Crew shall perform the following:
A. Specific Tasks
The Provider’s Hill Litter Crew shall perform tasks similar to the Litter Crew, but in
the Lea Hill and/or West Hill area(s) for a total of 15 hours per week. The Provider
will have an additional supervisor, possessing a “Traffic Control Flagging License”
certificate by the State of Washington, perform flagging on busy streets such as Lea
Hill Rd SE and SE 320th St one day per month.
B. Hours
The Provider’s Hill Litter Crew shall perform tasks to completion between the hours
of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday.
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AG-S-062
Exhibit A
Page 2 of 2
Recycling Crew
The Provider’s Recycling Crew shall perform the following:
A. Specific Tasks
The Provider’s Recycling Crew shall collect recyclables from the City-owned
recycling receptacles and maintain the recycling receptacles in the City of Auburn
Parks for a total of 15 hours per week from April to September. The Recycling Crew
will be supervised and will bring a second Provider vehicle.
B. Hours
The Provider’s Recycling Crew shall perform tasks to completion between the hours
of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday.
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Exhibit B
Page 1 of 2
EXHIBIT B
RESPONSIBILITIES
PROVIDER
The Provider shall be responsible for the following:
1. The performance and accomplishment of tasks and work assigned in accordance
with paragraph 2 below.
2. The performance of all work as provided in this Agreement with its own employees.
Individuals who perform work under this Agreement must be carried on the
Provider’s payroll. The Provider is responsible for administering and paying
employee wages, benefits, and all other employee-related costs. Although the
Provider’s company headquarters may be located outside of Auburn, Washington,
the Provider shall provide a full-time supervisor in the Auburn geographical area who
will continuously oversee the Provider’s employee work and will have authority to
represent the Provider in the day-to-day activities. The Provider supervisor must be
trained in traffic control and must possess a “Traffic Control Flagging License”
certified by the State of Washington. The Provider will present the supervisor’s
name, address, and telephone number to the City’s Solid Waste and Recycling
Supervisor at the beginning of the contract period.
3. The Provider is responsible for the security of facilities where assigned tasks are
performed as well as tools, equipment, safety gear, traffic control devices, and any
other items which may be supplied by the City for the Provider’s use in the
performance of contracted duties. No equipment or supplies will be removed from
City premises except as required for the performance of assigned duties.
4. The Provider shall supply the City with a quality control system acceptable to the
City within ten days of the date of the Agreement. The quality control system shall
be a plan specifying how the Provider will accomplish maintaining the level of
performance required under this Agreement. Quality control statements shall be
provided to the City’s Solid Waste and Recycling Supervisor on a monthly basis.
5. The Provider shall supply a motor vehicle to transport its employees to and from the
designated work sites. The Provider’s vehicle shall be well identified with signs and
equipped with safety warning lights, strobe light, and emergency flashers.
6. The Provider shall supply rain gear, foul weather gear, footwear as required, and
clothing as needed for its employees.
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AG-S-062
Exhibit B
Page 2 of 2
7. The Provider shall follow accepted safety practices in the performance of all work.
After every work shift of litter clean-up and other assigned tasks and services the
following shall be done: the work areas shall be inspected for fire hazards; electrical
or power machines and/or equipment shall be turned off; outside doors and windows
closed and locked; gates closed and locked and all miscellaneous work tools and
equipment shall be inspected and put away.
CITY
The City shall be responsible for the following:
1. The City shall supply litter bags to the Provider for its use in the collection of litter,
trash, and debris.
2. The City shall supply traffic control devices, e.g., signs and traffic cones to the
Provider so the Provider can place the traffic devices at work site(s) to protect its
employees while performing services under this Agreement. The City shall also
provide hard hats and reflective traffic vests.
3. The City shall supply the Provider with all grounds maintenance equipment and
hand tools for performing outside grounds maintenance duties under this
Agreement.
4. The City shall supply the Provider and its Auburn supervisor a copy of the daily work
schedule and any change notices to use as a basic guide for the distribution of work
each week. The work schedule may be changed as deemed appropriate by the City
and a copy of such changes provided to the Provider and the City. The City shall
determine the priority of the various assignments. The City shall verify that all
services are satisfactorily performed as scheduled.
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AG-S-062
Exhibit C
Page 1 of 1
EXHIBIT C
FEE SCHEDULE
2013 Fee Schedule
Not-To-Exceed
Monthly Fee # of Months Amount
Litter Crew $7,180.00 12 $ 86,160.00
Hill Litter Crew $3,555.00 12 $ 42,660.00
Recycling Crew $3,228.00 6 $ 19,368.00
Total Not To Exceed Amount $ 148,188.00
2014 Fee Schedule
Not-To-Exceed
Monthly Fee # of Months Amount
Litter Crew $7,359.00 12 $ 88,308.00
Hill Litter Crew $3,644.00 12 $ 43,728.00
Recycling Crew $3,309.00 6 $ 19,854.00
Total Not To Exceed Amount $ 151,890.00
CA.D Page 65 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1210
Date:
December 6, 2012
Department:
Public Works
Attachments:
Budget Status Sheet
CP1210 Pay estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 4 to Small Works Contract No. 12-11 in the
amount of $1,559.40 and accept construction of Project No. CP1210, Auburn Valley
Humane Society Site Work Improvements.
Background Summary:
The purpose of this project was to modify the existing parking lot and construct utility and
site access improvements for the City's tenant of 4910 A St SE, Auburn Valley Humane
Society (AVHS), per the lease agreement. The work included the following
improvements:
Parking Lot Improvements
The existing parking lot was asphalt sealed and re-striped.
The handicap assessible parking stall was relocated to the north end of the building
and an accessible route was constructed and striped between the stall and the
main entrance to the building to meet building code requirements.
Access Improvements
Curb was constructed along the centerline of A St SE in front of the existing
driveway to the site, thereby restricting the driveway entrance to Right In, Right Out
access from A St SE for safety purposes.
A new driveway access was constructed to connect the parking lot to the cul-de-
sac at the end of Oravetz Pl SE. The existing 10-foot wide non-motorized trail
between A St SE and Oravetz Pl SE was reconstructed farther north to
accommodate the new driveway access.
Utility Improvements
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 66 of 305
The existing septic system was decommissioned.
A sanitary sewer grinder pump system was installed north of the building. This
included approximately 620 feet of sewer force main from the grinder pump station
north through the existing parking area and east within the right of way of Oravetz
Pl SE to connect to the existing gravity sanitary sewer system located on Oravetz
Pl SE.
The existing ¾-inch water meter was removed and the service line was severed.
A 1.5-inch water meter, a reduced pressure backflow assembly (RPBA) and a new
service line to the building were installed.
The total project cost is $137,273.00. The total project budget is $179,490.00. A project
contingency of $42,217.00 remains in the 505 Facilities Fund.
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 67 of 305
Project No: CP1210Project Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: June 11, 2012 Permision to Advertise
Advertisement Date: June 28, 2012 Contract Award
Award Date: July 16, 2012 Change Order Approval
Contract Final Acceptance
Funding Prior Years 20122013 2014 Total
505.00.590.100.65 Fund 79,490 79,490
505 Fund (Budget Amendment No. 8)100,000 100,000
Total 0179,49000179,490
Activity Prior Years 20122013 2014 Total
Design Engineering - City Costs**605 605
BUDGET STATUS SHEET
Auburn Valley Humane Society Site Work Improvements
Date: December 3, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Contract Bid 114,682 114,682
Change Order #1 - Trench Drain & Downspout
System 7,791 7,791
Line Item Changes (10,021)(10,021)
Landscape Costs - Parks Dept.4,479 4,479
Curb on A St SE - PW Dept.2,720 2,720
Water Permit Fees - City Costs 8,695 8,695
Sewer Permit Fees - City Costs 7,899 7,899
Storm Permit Fees - City Costs 423 423
Construction Engineering - City Costs**0
Total 0137,27300137,273
Prior Years 20122013 2014 Total
*505 Funds Budgeted ( )0(179,490)00(179,490)
505 Funds Needed 0137,27300137,273
*505 Funds Project Contingency ( )0 (42,217)00(42,217)
505 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
505 Facilities Budget Status
**City Staff Costs are allocated from the General Engineering budget for Public Works staff and from the Facilities budget for Facilities staff.
H:\PROJ\CP1210-AVHS Site Work Improvements\Budget\CP1210.BudgetStatusSheet.xls
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CITY OF AUBURN CO.NO. 12-11
CP1210 Auburn Valley Humane Society Site Work Improvements
PAY ESTIMATE#4&FINAL SCHEDULE A- Site Improvements
ITEM ESTIMATE I TOTAL PERIOD I UNIT PERCENT EST
N0. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE
UNIT COST TOTAL COST PERIOD COST
QT,
1 IMiinor Changes 1 0.5146 6.4 __ Eq.Adj. _7500.00 $ 3.859.98 $ 51°k
2 'Mobilization 1 1 LS 100%
3 Clearinlg and Grubbing 1 -11 _ LS 1725.00 $ 1.725.00 I $ 100%
4 _Removal of cement Concrete Flat Work including S 110 _ 121.56 __ _SY 26.00 $ 3,160.56 $ 111%
5 Decommission Existing Sewer Septic System - 1 1 _ __ LS 2070.06_$ 2,070.00 S_ _ 100%
6 Roadway Excavation Including Haul 95 139.444 CY T8.40 $ __ 2,565.77 $ 147%
7 Unsuitable Foundation Fxcavalion Including Haul _ 20 _ 0 CY 18.40 $ 0%
8 Gravel Borrow Including Haul 40 0 TON 27.60 $ 0"%a
9 Crushed Surfacing Top Course 50 113.07 TON 27.60 $3,120.73 $ 226°h
10 Crushed Surfacng Base Course 95 -- 35.49 TON 27.601 $ __ 979.52 $
11 Slurry Seal Surface Treatment' 1340 1340 SY 2.50.-$-350.00 $ _ 100%
12 HMA Cl.112-Inch PG 64-22(Class B) 35 3201 TON 1 84.00_$ 6,809.84 $ _ - 106°A
13 HMA for Pavement Repair Cl. 112-inch PG%-22 5 12 TON 184.00_$ _ 2,208.00 $ _ - 2.40%
14 Asphalt Cold Patch _ __ 10 _ 0 TON 100.00_$__ 0%
15 Commercial HMA 10 0 TON 184.00 $ 0%
16 Grinder Pump Station,Complete 1 1 LS 14950.00 $14,950.00 $ _ __ 100%
17 Pipe Foundation Material _ 10 _ _ 0 TON 27.60 $ 0%
18 SeFed Pipe Trench Backfill- 150 0 TON 18.40 $ 0%
19 Water Service Connection 1.5 in Diam.Service Lin 1 1 LS 7475.00 $ 7,475.00 $100%
20 SDR-11 Nigh Density Poyefhylene Pipa(HDPE),1.2 _ 620 620 LF 28.75 $17,625.00 $ 100%
21 Hydroseeding with Bonded Fiber Matra 245 375 SY 2.00 $ _ 750.00 $ 153%
22 Temporary Water Pollu6on/Er_o_s_bn Control 1 0.5429 0.5429 Eq_Ad1. 2500.00 $__ _1,357.25 I $ 1,357.25 __ 54%
23 Topsoil TypeA 30 43 3 CY 45.00 $ _ 11935.00 $ 135.0.0 143%
24 Bark Mulch 10 7 CY 35.00 $ 245.00 $ 70%
25 Extruded Cement Concrete Curb Type 6 2.93 270 LF _ 8.00 $ 2,160.00 $ 92%
26 Bumper Curb t I 1 EA 200.00 $ 200.00 $_ 100%
27 Industrial and Commercial Driveway Apron 36 39.72 SY _ 70.00 $ 2,780.40 $ _ 110%
28 Replaoe Existing Monument with Type B_ (Modified)M 1 __ 1 EA _ 1.150.00 $ 1,150.00 $ I 100%
29 Cement Concrete Sidewalk 25 27.777 SY _ _ 50.00 $ 1,388.85 $_ I 111%
30 Icemen[Concrete Curb Ramp Type Perpendicular B 2 3 FA_ 750.00 $ 2,250A0 $ 150%
31 Permanent Signing 1 1 LS __ 800.00 $ 806.00 $ 100%
32 Pavement Markings Complete - 1 1 LS _ 1965.00 $ 1,865.00 $ 100%
33 Removable Bollard 2 2 EA 1000.00 $ 2,0_00_.00 $ 100%
34 Fixed Bollard 2 0 EA_ _ 800.001$ 0%
CO-1 Trench Drain and Downspout S ern Complete 1 1 LS 7115431 $ 7.111 5.-4Y $
SCHEDULETOTAL $ 1,492.25
Period Dates
Begin: Oct 21,2012
End: Nov.20.2012
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CA.E Page 69 of 305
CO.NO.12-11 CITY OF AUBURN
Auburn Valley Humane Society Site Work Improvements PROJECT SUMMARY
PAY ESTIMATE#4&FINAL
Original Contract Contract Change
Amount Orders Total Payment This Period PercenUContract
SCHEDULE A. Site Improvements
Contract 104,732.00 $ 7115.43 $ 102,696.34 $ 1,492.25 92%
Sales Tax(+9.5%) $ 9,949.54 $ 675.97 $ 9,756.15 $ 141.76
Retainage(-5%) 5,134.82) $ 74.61)
SCHEDULE TOTAL $ 114,681.54 $ 7,791.40 $ 107,317.67 $ 1,559.40
TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) 112,452.49
TOTAL PAYMENT TO CONTRACTOR 107,317.67 $ 1,559.40
PAYMENT DUE CONTRACTOR: 1,559.40
Period Dates
Begin: Oct 21,2012
End: Nov.20,2012
h:lprolpe1CP1210 PE.)ds 2 of 3 1128!2012 at 2:49 PM
CA.E Page 70 of 305
CITY OF AUBURN CO. NO 12-11
CP1210 Auburn Valley Humane Society Site Work Improvements
PAY ESTIMATE#4& FINAL
CONTRACTOR:
Christensen, Inc
2840 Crites St SW Suite 100
Puyallup, WA, 98373
Phone: 360-709-0330
The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate
estimate and understand it and that 1 hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract, which are not set forth in this estimate.
PAYMENT DUE TO CONTRACTOR= 1,559.40
Signatures:
Contractor Date
Inspector Il Date
Project Manager Date 1:2
City Engineer Date
h:%projlpe1CP1210 PEAS 3 of 3 112812012 at 2:49 PMCA.E Page 71 of 305
CA.E Page 72 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6431
Date:
November 6, 2012
Department:
Public Works
Attachments:
Ordinance No. 6431
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6431.
Background Summary:
Auburn School District No. 408 has applied to the City for vacation of the right-of-way of
2nd Street NE between 1st Street NE and 3rd Street NE, east of E Street NE and the
right-of-way of the Alley between 2nd Street NE and 3rd Street NE, east of E Street NE,
shown on Exhibit "B". The applicant currently owns all of the surrounding parcels and is
proposing to use the right-of-way to provide access to onsite facilities as well as
accommodate future expansion of existing facilities.
The application has been reviewed by City staff and utility purveyors who have an
interest in this right-of-way. Through this review City Staff has determined that the right-
of-way is no longer needed to meet the needs of the City and could be vacated.
Ordinance No. 6431, if adopted by City Council, vacates the right-of-way subject to
conditions outlined in the ordinance.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 73 of 305
ORDINANCE NO. 6 4 3 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF
2ND STREET NE BETWEEN 1sT STREET NE AND 3RD
STREET NE, EAST OF E STREET NE AND THE ALLEY
BETWEEN 2ND STREET NE AND 3RD STREET NE, EAST OF
E STREET NE, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, the City of Auburn, Washington, has received a petition by not less
than two-thirds (2/3) of the owners of property adjacent to right-of-way located at 2nd Street
NE between 1st Street NE and 3rd Street NE, east of E Street NE and the Alley between
2nd Street NE and 3`d Street NE, east of E Street NE within the City of Auburn,
Washington, requesting vacation of the same; and,
WHEREAS, the City Council of the City of Auburn, Washington, has, after a review
of its needs for streets and right-of-ways in the vicinity of 2nd Street NE between 1st Street
NE and 3rd Street NE, east of E Street NE and the Alley between 2nd Street NE and 3`d
Street NE, east of E Street NE within the City of Auburn, Washington, determined that
consideration should be given to the vacation of the same; and,
WHEREAS, a public hearing was held in connection with the possible vacation,
with notice having been provided pursuant to statute; and,
WHEREAS, the City Council of the City of Auburn, Washington, has considered all
matters presented at the public hearing on the proposed vacation, held on the 17th day of
December, 2012, at the Auburn City Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 1 of 7
ORD.A Page 74 of 305
WASHINGTON DO ORDAIN as a non-codified.ordinance as follows.
Section 1 Vacation. That the right of way located at 2nd Street NE between
1st Street NE and 3rd Street NE, east of E Street NE and the Alley between 2nd Street NE
and 3`d Street NE, east of E Street NE, located within the City of Auburn, Washington,
legally described as follows:
THAT PORTION OF 16 FOOT WIDE ALLEY IN BLOCK 5,
LANGE'S FIRST ADDITION TO AUBURN, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 25 OF
PLATS, PAGE 36, IN THE CITY OF AUBURN, COUNTY OF
KING, STATE OF WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1,
SAID BLOCK 5,
THENCE NORTH 87 030' 39" EAST ALONG THE
SOUTHERLY LINE OF LOTS 1 THROUGH 8 A DISTANCE
OF 325.23 FEET TO THE SOUTHEAST CORNER OF LOT 9;
THENCE SOUTH 02 028'49" EAST A DISTANCE OF 16 00
FEET TO THE NORTHEAST CORNER OF LOT 9 OF SAID
BLOCK,
THENCE SOUTH 87 030'39" WEST ALONG THE NORTH
LINE OF LOTS 9 THROUGH 16 A DISTANCE OF 326.16
FEET TO THE NORTHWEST CORNER OF SAID LOT 16;
THENCE NORTH 00 051'20" EAST A DISTANCE OF 16 03
FEET TO THE BEGINNING
TOGETHER WITH THAT PORTION OF 2ND STREET N.E.
LYING EASTERLY OF "E" STREET N/E/ AND SOUTHERLY
OF SAID BLOCK 5, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT
16, BLOCK 5,
THENCE NORTH 87 030'39" EAST OF A DISTANCE OF
332.15 FEET TO THE SOUTHEAST CORNER OF SAID LOT
9;
THENCE SOUTH 02 028'50" EAST A DISTANCE OF 60 00
Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 2 of 7
ORD.A Page 75 of 305
FEET,
THENCE SOUTH 87 030'39" WEST A DISTANCE OF 335 63
FEET TO THE EASTERLY LINE OF "E" STREET N.E.,
THENCE NORTH 000 49'21" EAST ALONG SAID EASTERLY
LINE A DISTANCE OF 28.31 FEET TO AN ANGLE POINT IN
SAID EASTERLY LINE,
THENCE NORTH 00 051'20" EAST ALONG SAID EASTERLY
LINE A DISTANCE OF 31 80 FEET TO THE BEGINNING.
CONTAINING 25,24 0 SQUARE FEET, MORE OR LESS.
SUBJECT TO ANY/ALL EASEMENTS OF RECORD
and as shown on the survey, a copy of which is attached hereto, marked Exhibit "B" and
incorporated herein by this reference, the same is hereby vacated and the property lying in
said portion of right-of-way described hereinabove, shall be returned and belong to those
persons entitled to receive the property in accordance with RCW 35 79 040, conditioned
upon the following;
A. Reservation in favor of the City a perpetual Nonexclusive Easement
under, over, through and across the Alley portion of the vacated right-of-way as
described above for the purpose of laying, maintaining, and installing future and existing
sanitary sewer facilities and reservation in favor of the City a perpetual Nonexclusive
Easement under, over, through and across the 2nd Street NE portion of the vacated
right-of-way as described above for the purpose of laying, maintaining, and installing
future and existing water, storm and streetlight facilities, including a reservation in favor
of the City of the right to grant easements for utilities over, under and on the all portions
of the vacated right-of-way as described above.
Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 3 of 7
ORD.A Page 76 of 305
The City shall have the absolute right, at times as may be necessary for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City
The owners of the adjacent property agree and shall not in any way block, restrict
or impede access and egress to or from said Easement Area, and /or in any way block,
restrict or impede full use of the real property within the Easement Area by the City for
the above described purposes. No building, wall, rockery, fence, trees, or structure of
any kind shall be erected or planted, nor shall any fill material be placed within the
boundaries of said Easement Area, without the express written consent of the City No
excavation shall be made within three feet of said facilities and the surface level of the
ground within the Easement Area shall be maintained at the elevation as currently
existing.
This easement shall be a covenant running with the adjacent property parcels
and burden said real estate, and shall be binding on the successors, heirs and assigns
of all parties hereto
B Under the terms of the reservation set out in Paragraph A above, the City
hereby reserves in favor of the Public a perpetual Nonexclusive Access Easement
under, over, through and across the vacated right-of-way as described above for the
Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 4 of 7
ORD.A Page 77 of 305
purposes of pedestrian, vehicular, emergency, individual adjacent parcel access and
adjacent private property access over, under and upon the vacated right-of-way No
building, wall, rockery, fence, trees, or structure of any kind shall be erected or planted,
nor shall any fill material be placed within the boundaries of said Easement Area,
without the express written consent of the City The owners of the adjacent property
agree not to erect any structures on said easement and further agree not to place trees
or other obstructions on the easement that would interfere with the exercise of
Grantee's rights herein.
C Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Puget Sound Energy over, under and upon
the vacated right-of-way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of gas and
electric distribution facilities. The owners of the adjacent property agree not to erect any
structures on said easement and further agree not to place trees or other obstructions
on the easement that would interfere with the exercise of Grantee's rights herein.
D Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Centuryt-ink over, under and upon the Alley
portion of the vacated right-of-way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of existing
aerial facilities. The owners of the adjacent property agree not to erect any structures
on said easement and further agree not to place trees or other obstructions on the
Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 5 of 7
ORD.A Page 78 of 305
easement that would interfere with the exercise of Grantee's rights herein
E. It is provided, however, that such reserved or granted utility and access
easements as set out in Paragraphs A, B, C and D above, may be modified to
accommodate a removal, relocation and sifting of the affected utility lines if the City and
the property owners on whose property the utility lines are located agree to the removal,
relocations and sifting being paid by said property owners and with the removal,
relocation and sifting being done in conformity with applicable standards.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the
Ordinance or the application of the provisions to other persons or circumstances shall not
be affected.
Section 3. Implementation. The mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
location.
Section 4. Effective Date.This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law
Section 5. Recordation.The City Clerk is directed to record this Ordinance with
the office of the King County Auditor
INTRODUCED-
Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 6 of 7
ORD.A Page 79 of 305
PASSED-
APPROVED-
PETER B. LEWIS
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B Heid,
City Attorney
PUBLISHED-
Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 7 of 7
ORD.A Page 80 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6440
Date:
December 12, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6440
Budget Impact:
$0
Administrative Recommendation:
City Council Ordinance No. 6440.
Background Summary:
See Attached Agenda Bill.
Reviewed by Council Committees:
Finance, Planning And Community Development, Public Works Other: Legal, Planning
Commission
Councilmember:Backus Staff:Snyder
Meeting Date:December 17, 2012 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 81 of 305
AGENDA BILL APPROVAL FORM
Page 1 of 50
Agenda Subject
CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004,
2012 Comprehensive Plan Amendments – Annual Map Amendments
and Policy/Text Amendments
Date: December 11, 2012
Department: Planning and
Development
Attachments: Ordinance No. 6440
See separate working binder
Budget Impact: N/A
Administrative Recommendation: The City Council to introduce and approve Ordinance No. 6440
Amending the Comprehensive Plan
Background Summary:
The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the
Washington State Growth Management Act (GMA) requirements, as amended. Since then the Auburn
Comprehensive Plan has been amended annually.
Comprehensive plan amendments can be initiated by the City of Auburn (city-initiated) and by private
citizens (privately-initiated). This year the city is initiating two map amendments and seven policy and/or
text amendments. In addition, this year the city received three privately-initiated plan map amendment
applications. No private policy/text amendments were received.
This staff report and its recommendations address all of the amendments:
• Comprehensive Plan Map (CPM) Amendments CPM # 1 & CPM #5 (City initiated)
• Comprehensive Plan Map CPM #2, CPM #3 & CPM #4 (privately initiated - each separately)
• Policy/Text (P/T) Amendments P/T # 1 through # 7. (city initiated)
Comprehensive plan amendments are initially reviewed during a public hearing process before the City of
Auburn Planning Commission, who then provides a recommendation to the City Council for final action.
City Council consideration and action on the amendments is targeted for near the end of this year.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & Dev. Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: December 17, 2012 Item Number:
ORD.B Page 82 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 2 of 50
At its October 16, 2012 public hearing the Planning Commission reviewed the following
(Group #1):
A. Policy/Text Amendments
P/T #1 – Auburn School District 2012-2018 Capital Facilities Plan
P/T #2 – Dieringer School District Capital Facilities Plan 2013-2018
P/T #3 – Federal Way School District 2013 Capital Facilities Plan
P/T #4 – Kent School District 2012/2013 – 2017/2018 Capital Facilities Plan
P/T #5 – City of Auburn 2013-2018 Capital Facilities Plan
P/T #6 - Comprehensive Transportation Plan
Revise Chapter 2 – “The Street System”
• Revise (eliminate and replace) Table 2-3 “Future Roadway
Capacity Improvement Projects and Cost Estimates”
• Revise text pages 2-14 thru 2-15 to be consistent with
updated Table 2-3.
• Revise Figure 2-6 “Roadway Improvements Alternatives”
to be consistent with updated Table 2-3.
Revise Chapter 5 – “Policies”
• Update policies: TR-19, TR-20 & TR-21 related to Level of
Service, TR-23 related to concurrency, TR-28 related to
finance, TR-59 related to parking and TR-163 related to
transit.
B. Map Amendments
CPM #1 – Comprehensive Plan – Revise Electrical Service Facilities Map No.
6.1
At its November 7, 2012 public hearing, the Planning Commission reviewed the following
(Group #2):
A. Policy/Text Amendments
P/T #7 - Comprehensive Plan
Revise Chapter 14 – “Comprehensive Plan Map” related to economic
development strategies areas
• Revise pages 14-25 through 14-28 to incorporate
advancement of economic development strategy areas.
• Related changes to articulate “Manufacturing Villages” &
“Innovation Partnership Zones (IPZ)”
• Add reference to Map No. 14.3, “Economic Development
Strategy Areas”
• Revise Policy III.J related to “Problem Areas” and “West
Auburn” to clarify meaning of “Local Serving” and “Region
Serving”.
B. Map Amendments
CPM #2 (File # CPA12-0002)
Map amendment to Map No. 14.1 – River Mobile Home Park (HCA
Management) to change the comprehensive plan designation from “Public/Quasi-
Public” to “Moderate Density Residential” of approx. 6.36 acres of adjacent
property Parcel # 0004000098. The mobile park is located at 3611 “I” ST NE.
CPM #4 (File # CPA12-0004)
Map amendment to Map No. 14.1 – Auburn School District to change the
comprehensive plan designation of 14 parcels; two parcels totaling 0.63 acres
ORD.B Page 83 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 3 of 50
located SE of the Auburn High School from “Office Residential” to “Public/Quasi-
Public” and to change 12 parcels totaling 1.74 acres located NW of the school
from "High Density Residential" to "Public/Quasi-Public". The school is located at
800 4th ST NE.
CPM #5 Add new map No 14.3, “Economic Development Strategy Areas”
At its November 20, 2012 public hearing, the Planning Commission reviewed the following
(Group #3):
A. Policy/Text Amendments
(None)
B. Map Amendments
CPM #3 (File # CPA12-0003)
Map amendment to Map No. 14.1 – Locke Property to change the
Comprehensive Plan designation from “Single Family Residential” to “High
Density Residential” for a 1.88-acre parcel #0921059132. The parcel is located
at 12130 SE 310th ST.
The Planning Commission has forwarded its recommendation to the City Council on all plan
map and policy/text Amendments. City Council consideration and action on the amendments is
limited to once a year, except in certain specific instances, and generally occurs around the end
of this year.
The 2012 Comprehensive Plan Amendments were reviewed by the Planning and Community
Development Committee of the City Council on June 25, 2012, September 10, 2012 and
November 13, 2012, and will be again be reviewed at the committee’s December 10, 2012
meeting for a recommendation to the City Council.
The Public Works Committee of the City Council reviewed the amendments and the Planning
Commission recommendations at their December 3, 2012 meeting. The Finance Committee of
the City Council reviewed the amendments and the Planning Commission recommendations at
their December 3, 2012 meeting.
The Planning and Community Development Committee reviewed the Amendments and
Ordinance No. 6440 and recommended approval, as recommended by the Planning
Commission.
A. Findings
1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for
amendments to locally adopted GMA comprehensive plans. Except in limited circumstances
provided for in State law, comprehensive plan amendments shall be considered by the city
or county legislative body no more frequently than once per year.
2. The City of Auburn established a June 8, 2012 deadline for the submittal of privately-
initiated comprehensive plan applications (map or policy/text). Notice to the public of the
filing deadline was provided on the City’s website, the Seattle Times, and sent to a compiled
notification list. The City received three privately-initiated plan map amendment applications
by the submittal deadline.
ORD.B Page 84 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 4 of 50
3. The City of Auburn received annual updates to the four school district capital facilities plans
whose districts occur within the City of Auburn. These capital facilities plans, as well as the
City’s Capital Facilities Plan are referenced in Chapter 5, Capital Facilities, of the Auburn
Comprehensive Plan and are processed as Policy/Text (P/T) amendments.
4. The environmental review under the State Environmental Policy Act (SEPA) resulted in a
Determination of Non-Significance (DNS) issued for the City-initiated Comprehensive Plan
Amendments on September 10, 2012 under City file No. SEP12-0023. The comment period
ended September 24, 2012 and the appeal period ended October 8, 2012. No comments
were received or appeals filed.
5. The environmental review under the State Environmental Policy Act (SEPA) resulted in a
Determination of Non-Significance (DNS), issued for the River Mobile Home Park (HCA
Management) Comprehensive Plan Map Amendment and rezone on August 29, 2012 under
City File No. SEP12-0016. The comment period ended September 12, 2012 and the appeal
period ended September 26, 2012. No comments were received or appeals filed.
6. The environmental review under the State Environmental Policy Act (SEPA) resulted in a
Determination of Non-Significance (DNS), issued for the Locke Property Comprehensive
Plan Map Amendment and Rezone on August 29, 2012 under City File No. SEP12-0017.
The comment period ended September 12, 2012 and the appeal period ended September
26, 2012. One comment letter was received after the close of the public comment period in
response to the issuance of this environmental review decision.
7. The environmental review under the State Environmental Policy Act (SEPA), resulted in a
Determination of Non-Significance (DNS), issued for the Auburn School District
Comprehensive Plan Map Amendment and Rezone on September 4, 2012 under City File
No. SEP12-0021. The comment period ended September 18, 2012 and the appeal period
ended October 2, 2012. No comments were received or appeals filed.
8. The Auburn School District issued a Determination of Non-Significance for the 2012 - 2018
Auburn School District Capital Facilities Plan May 8, 2012; the Dieringer School District
issued a Determination of Non- Significance for the 2013-2018 Dieringer School District
Capital Facilities Plan March 12, 2012; the Federal Way School District issued a
Determination of Non-Significance for the 2013 Federal Way School District Capital
Facilities Plan May 11, 2012; and the Kent School District issued a Determination of Non-
Significance for the 2012-2013 through 2017-2018 Kent School District Capital Facilities
Plan May 29, 2012.
9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments were sent to
the Washington State Office of Commerce on September 10, 2012, formerly the Department
of Community, Trade and Economic Development (CTED) and then transmitted other state
agencies as required for the 60-day state review. The proposed comprehensive plan
amendments were transmitted by separate letter. The W ashington State Office of
Commerce acknowledged receipt of the amendments by letter dated September 11, 2012.
No comments have been received from Commerce or other state agencies.
ORD.B Page 85 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 5 of 50
10. Due to the nature of the city-initiated map amendments and the scope and limited number of
privately initiated policy/text changes, the optional process as provided in the city code for a
public open house was not conducted.
11. Public notice via publication within the official newspaper as required by ACC 14.22.100 was
accomplished. The public hearing notice was published on October 5, 2012 in the Seattle
Times newspaper at least 10-days prior to the Planning Commission public hearing
scheduled for October 16, 2012. The public hearing notice was published on October 26,
2012 in the Seattle Times newspaper at least 10-days prior to the Planning Commission
public hearing scheduled for November 7, 2012. The public hearing notice was published
on November 9, 2012 in the Seattle Times newspaper at least 10-days prior to the Planning
Commission public hearing scheduled for November 20, 2012.
12. Public notice via mailing as required by ACC 14.22.100 for site-specific map amendments
was accomplished. A public notice was mailed to property owners within 300 feet of the
subject site and the property was posted with a land use notice board that included the
SEPA determination.
13. Auburn City Code Chapter 14.22 outlines the process for submittal of privately-initiated
amendments and the processing of comprehensive plan amendments as follows:
“Section 14.22.100
A. The planning commission shall hold at least one public hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be given
pursuant to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site-specific plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within a radius of 300 feet of the proposed map amendment request, not
less than 10 calendar days prior to the public hearing;
2. For area-wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the area
subject to the proposed amendment not less than 10 calendar days prior
to the date of the public hearing.
B. Notwithstanding the above, the director may expand the minimum noticing provisions
noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall conduct a
public hearing on all potential comprehensive plan amendments and shall make and
forward a recommendation on each to the city council. The planning commission
shall adopt written findings and make a recommendation consistent with those
findings to the city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said amendments by ordinance.
ORD.B Page 86 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 6 of 50
E. State Review. All comprehensive plan amendments considered by the planning
commission shall be forwarded for state agency review consistent with RCW
36.70A.106.
F. Any appeal of an amendment to the comprehensive plan shall be made in
accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)”
14. The annual comprehensive plan amendments were previously discussed with the Planning
and Community Development Committee of the City Council on June 25, 2012 at which time
the draft docket and draft schedule were reviewed. Also, a reporting of the status of Annual
Comprehensive Plan Amendments processing occurred at the September 10, 2012 and
November 13, 2012 regular meetings.
15. On November 26, 2012, the Planning and Community Development Committee of the City
Council reviewed, and again on December 10, 2012 will review the 2010 Comprehensive
Plan Amendments and the recommendations of the Planning Commission.
16. On December 3, 2012 the Public Works Committee of the City Council reviewed the 2012
Comprehensive Plan Amendments and the recommendations of the Planning Commission.
17. On December 3, 2012 the Finance Committee of the City Council reviewed the 2012
Comprehensive Plan Amendments and the recommendations of the Planning Commission.
18. The following report identifies the full docket of the Comprehensive Plan Map (CPM) and
Policy/Text (P/T) amendments that were heard by the Planning Commission at their October
16, 2012, November 7, 2012 and November 20, 2012 public hearings along with the original
staff recommendation to the Planning Commission and the subsequent Planning
Commission recommendation.
---------------- OCTOBER 16, 2012 PLANNING COMMISSION PUBLIC HEARING -----------------
Comprehensive Plan Map Amendments
CPM #1
Revise Map No. 6.1, ‘Electrical Service Facilities” to update the information regarding the
capacity and location of major electrical transmission lines throughout the city.
Discussion
The reference map: “Electrical Service Facilities”, Map No 6.1 in the back of the Comprehensive
Plan document and referenced within Chapter 6, “Private Utilities” is being updated to reflect
more accurate information on the location of major aerial electrical transmission lines within the
city limits. This map only shows main electrical transmission lines and not local service lines
and only shows existing lines and not future lines. Puget Sound Energy was consulted for
information on the location of their major transmission lines within the City and the map was
revised in response to this information. Puget Sound Energy requested that in the future, the
map could be revised to indicate planned future electrical facilities. The City will consider
showing planned facilities with future updates to this map and the maps of other private utilities
so that similar information is provided on all private utility maps within the Comprehensive Plan.
Staff Recommendation
Planning Commission to recommend approval to the City Council
ORD.B Page 87 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 7 of 50
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Comprehensive Plan Policy/Text Amendments
P/T #1
Incorporate Auburn School District Capital Facilities Plan 2012 through 2018, adopted by
School Board May 29, 2012 into the City of Auburn Comprehensive Plan.
Discussion
The Auburn School District has provided the City with its annually updated Capital Facilities
Plan (CFP) covering from 2012-2018. The CFP was adopted by the Auburn School District
School Board on May 29, 2012 and has been subject to separate SEPA review and a
Determination of Non Significance (DNS). Information contained in the School District CFP
serves as the basis for the City’s collection of school impact fees on behalf of the school district.
A review of the Auburn School District’s updated Capital Facilities Plan indicates the District is
requesting a change in the fee obligations. The fee for single-family dwellings is proposed to be
$5,511.69, a decrease of $45.61 and for multiple-family dwellings the requested fee is
$3,380.26, an increase of $1,075.04. The actual impact fee that is assessed is set by separate
ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T#2
Incorporate the Dieringer School District Capital Facilities Plan 2013-2018 adopted March 26,
2012 by the School Board as part of the Auburn Comprehensive Plan.
Discussion
The Dieringer School District has provided the City with its annually updated Capital Facilities
Plan 2013 - 2018. The CFP was adopted by the Dieringer School District Board of Directors on
March 26, 2012. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City’s collection of school
impact fees on behalf of the school district.
A review of the Dieringer School District’s updated Capital Facilities Plan indicates the District is
requesting a change in the fee obligations. The CFP shows a net fee obligation for single-family
dwellings of $5,322.00 and a negative net fee obligation of $1,684.00 for multiple family
dwellings. The fee for single-family dwellings is proposed to be $5,322.00, an increase of
ORD.B Page 88 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 8 of 50
$1,822.00 and a fee of $0 for multiple-family residential. The actual impact fee assessed is set
by separate ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T #3
Incorporate Federal Way School District Capital Facilities Plan 2013 adopted June 12, 2012 by
the School Board into the City Comprehensive Plan.
Discussion
The Federal Way School District has provided the City with its annually updated Capital
Facilities Plan (2013). The CFP was adopted by the Federal Way School District School Board
on June 12, 2012. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City’s collection of school
impact fees on behalf of the school district.
A review of the Federal Way School District’s updated Capital Facilities Plan indicates the
District is requesting a change in the fee obligations. The net fee obligation for single-family
dwellings is $4,014.00, representing no change and for multi-family dwellings is $1,381, an
increase of $128.00. The actual impact fee assessed is set by separate ordinance by the
Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
P/T #4
Incorporate Kent School District Capital Facilities Plan 2012-2013 to 2017-2018 adopted June
27, 2012 by the School Board into the City of Auburn Comprehensive Plan.
Discussion
The Kent School District has provided its annually updated 2012-2013 to 2017-2018 Capital
Facilities Plan. The CFP was adopted by the Kent School District School Board on June 27,
2012 and has been subject to separate SEPA review and a Determination of Non Significance
(DNS). Information contained in the School District CFP serves as the basis for the City’s
collection of school impact fees on behalf of the school district.
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Date: December 11, 2012
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A review of the Kent School District’s updated Capital Facilities Plan indicates the District is not
requesting a change in the fees. The Plan indicates the net fee obligation for single-family
dwellings of $5,486.00, representing no change, and for multi-family dwellings a fee of
$3,378.00, also representing no change. The actual impact fee that is assessed is set by
separate ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
CPM #5
Incorporate the City of Auburn’s 6-year Capital Facilities Plan 2013-2018, into the City’s
Comprehensive Plan.
Discussion
A Capital Facilities Plan is one of the comprehensive plan elements required by the Washington
State Growth Management Act (GMA) (RCW 36.70A). The GMA requires that a capital facilities
plan include an inventory of existing capital facilities (showing locations and capacities), a
forecast of future needs for such capital facilities, proposed locations and capacities of new or
expanded capital facilities, and a minimum of a six-year plan to finance capital facilities with
identified sources of funding. The City of Auburn 6-year Capital Facilities Plan 2013-2018
satisfies the GMA requirements for a capital facilities element as part of the Comprehensive
Plan.
Each comprehensive plan prepared under the GMA must include a capital facilities plan
element. RCW 36.70A.070(3) of the GMA states the following:
A capital facilities plan element consisting of:
(a) An inventory of existing capital facilities owned by public entities, showing the
locations and capacities of the capital facilities;
(b) a forecast of the future needs of such capital facilities;
(c) the proposed locations and capacities of expanded or new capital facilities;
(d) at least a six-year plan that will finance such capital facilities within projected funding
capacities and clearly identifies sources of public money for such purposes; and
(e) a requirement to reassess the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan element are coordinated and
consistent. Park and recreation facilities shall be included in the capital facilities plan
element.
A capital facility is a structure, street or utility system improvement, or other long-lasting major
asset, including land. Capital facilities are provided for public purposes. Capital facilities include,
but are not limited to, the following: streets, roads, highways, sidewalks, street and road lighting
systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and
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Policy/Text Amendments
Date: December 11, 2012
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recreation facilities, and police and fire protection facilities. These capital facilities include
necessary ancillary and support facilities.
The memo from the Finance Department contained in the working notebook identifies the major
changes in the CFP from last year. The proposed City of Auburn 6-year Capital Facilities Plan
2013-2018 is incorporated by reference in the Comprehensive Plan, Chapter 5, “Capital
Facilities”.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
NOTE: Subsequent to the Planning Commission’s recommendation, it was identified that pages
175 and 176 of the City Capital Facilities Plan need to be modified to shift $129,000 from one
fund of the City Hall project to another. More specifically, to change the 2012 year end estimate
the capital improvement fund: “City Hall HVAC System Upgrade” (CP0716) (decreased) to “City
Hall Remodel, Phase 1” (CP1009) (increased). This change is reflected in the working binder.
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
with change noted.
CPM #6
Revise portions of two chapters of the Comprehensive Transportation Plan.
Discussion
The Comprehensive Transportation Plan is a separate document that is incorporated by
reference into and therefore is part of the City’s Comprehensive Plan. In Chapter 2, “The Street
System” the document contains Table 2-3 and corresponding narrative discussion and map
(Figure 2-6) of city roadway capacity improvement projects and their associated cost estimates.
As projects are completed and priorities change based on available funding sources, the project
listing needs to be updated to be accurate. This requires changes to the table, narrative and the
map. For legibility, the existing Table 2-3 is proposed to be eliminated and replaced with a new
Table 2-3 rather than attempting to show strike through and underline changes. More
specifically, the changes include:
Revise Chapter 2 – “The Street System”
• Revise (eliminate and replace) Table 2-3 “Future Roadway Capacity
Improvement Projects and Cost Estimates”
• Revise text pages 2-14 thru 2-15 to be consistent with updated Table 2-3.
• Revise Figure 2-6, “Roadway Improvements Alternatives” to be consistent with
updated Table 2-3.
Chapter 5, “Policies”, contains a number of policy statements that are used by the city to guide
private and public transportation-related projects. Opportunities for refinement, improvement
and clarification of the policies are recognized as these policies are used. Also, the policies
need to evolve and change in response to changing circumstances. Three policy changes are
proposed related to the level of service, other policies are proposed to change related to
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Policy/Text Amendments
Date: December 11, 2012
Page 11 of 50
concurrency (ensuring that road level of service keeps pace with demand for roadway capacity),
finance, parking and transit. The changes are shown with strike through and underline. More
specifically, the changes include:
Revise Chapter 5 – “Policies”
• Update policies: TR-19, TR-20, & TR-21 related to Level of Service, TR-
23 related to concurrency, TR-28 related to finance, TR-59 related to
parking, and TR-163 related to transit.
Staff Recommendation
Planning Commission to recommend approval to the City Council.
Planning Commission Recommendation
Planning Commission recommended approval to the City Council.
NOTE: At the December 3, 2012 Public Works Committee review of the Comprehensive Plan
amendments, the Committee requested that the word: “all” be removed from Policy TR-28, on
page 5-5. With this change, the policy would read:”TR-28: Require developments or
redevelopments to construct all transportation infrastructure systems needed to serve new
developments.” This change is reflected in the working binder.
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
with change noted.
---------------- NOVEMBER 7, 2012 PLANNING COMMISSION PUBLIC HEARING -----------------
Comprehensive Plan Policy/Text Amendments
P/T #7
Revise narrative within Chapter 14 – “The Comprehensive Plan Map” related to economic
development strategy areas based on City Council discussions to-date.
• Revise pages 14-25 through 14-28 to incorporate advancement of economic
development strategy areas.
• Add three policies related economic development strategy areas and
‘manufacturing villages’ and innovative partnership zones (IPZ).
• Revise Policy III.J. related to the discussion of “Problem Areas” and subcategory,
“West Auburn” to clarify “Local Serving” and “Region Serving”. See page 14-28.
Discussion
In 2005 an “Economic Development Strategies” document was developed that includes
strategies and actions needed to affect necessary change for specific target areas within the
city. As adopted by Resolution No. 3944 in 2005 (See Resolution No. 3944 in Working Binder),
the Economic Development Strategies document identifies six strategy areas. These economic
development strategy areas are targeted for population and employment growth.
In 2010, the City Council identified two additional economic development strategy areas and
solidified the idea of expanding elements of the Urban Center designation--greater residential
population density (i.e. mixed use), clustered non-residential uses (offices, retail, services),
increased employment and multi-modal transportation (i.e. walking, transit, and bicycling)--to
these economic development strategy areas as key economic development nodes in the City.
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Date: December 11, 2012
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The planning horizon for the economic development strategy areas focused on the City’s 20-
year (2031) growth target.
With the City Council’s Economic Development Retreat in May 2012, the Council’s Planning and
Community Development Committee meeting on September 10, 2012 and the Council’s
Committee of the Whole meeting on October 29, 2012, the population and employment growth
purpose of the eight Economic Development Strategy Areas was further articulated. A new
Economic Development Strategy Area proposed to be added (bringing the total to nine), revised
50-year planning horizon and modified boundaries were used to correlate the Economic
Development Strategy Areas (EDSA) with priority business sectors as follows:
• Auburn Environmental Park and “Green Zone” (the zoning designation surrounding
and supportive of the Environmental Park District):
o Healthcare research (provision and prevention);
o Ecosystem management (“green engineering”);
o Education;
o Bio-research facilities; and
o “Manufacturing Village” – mixed uses consisting of manufacturing,
commercial and multiple family residential
• Urban Center
o Healthcare research (provision and prevention);
o Entertainment;
o High density housing; and
o Ecosystem management (“Green Engineering”);
• Auburn Way North Corridor (Generally, paralleling the street between 15th ST NE to
S 277th ST and C ST NW to I ST NE)
o Mixed-use of commercial and multiple family residential (retail emphasis);
and
o Entertainment
• Auburn Way South Corridor (Generally, paralleling the street from SR 18 south to
Riverwalk DR SW)
o Healthcare research (provision and prevention);
o Ecosystem management (“Green Engineering”);
o Education;
o Bio-research facilities; and
o Aerospace
• 15th Street SW/C Street SW/West Valley Highway (Generally, SR 18 to Boundary
Boulevard SW and West VLY HWY to C ST SW)
o Mixed-use of commercial and multiple family residential (retail emphasis)
• A Street SE Corridor (Generally, SR 18 to 41st ST SE and C ST SW to D ST SE)
o Multiple Family Residential
• SE 312th Street/124th Avenue SE Corridor (Generally, SE 310th ST to SE 314th ST
and 121st PL SE to 129th AVE SE)
o Retail Services
• M Street SE between Auburn Way North and Auburn South
o Mixed-use of commercial and multiple family residential (retail and service
emphasis)
• Northwest Auburn Area (Generally, between S. 277th ST and 30th ST NW and west
of Auburn WY N Corridor Area to SR 167)
o “Manufacturing Village” – mixed uses consisting of manufacturing,
commercial and multiple family residential
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Policy/Text Amendments
Date: December 11, 2012
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The proposed changes can be summarized as follows:
• Documenting the additional work of the City Council at PCDC and COW meetings
• Recognizing the additional EDSA, termed the “Northwest Auburn Area”
• Add Policy III.D – specifying the goal of EDSA’s
• Add Policy III.E – city’s commitment to EDSA’s
• Add Policy III.F – relation of the EDSA’s to “Manufacturing Villages”’ and to the
“Innovative Partnership Zone” (IPZ).
Manufacturing Village Concept
The concept of a “Manufacturing Village” is a 21st Century re-imagination of historic
development pattern that contains residences in conjunction with commercial uses or industry.
The re-imagined concept focuses on a mixed use center that provides a combination of housing
and manufacturing/industrial uses was discussed at the May 2012 economic development City
Council retreat. The concept as discussed is to provide comprehensive plan policies and
subsequently, zoning regulations that provide incentives to encourage dwellings and
employment in close proximity to one another. The concept was discussed specifically in
relation to the Environmental Park zoning district (referred to as the “Green Zone” – the zoning
district adjacent to and supportive of the natural resources park). However, the concept of the
manufacturing village may also be applied to other Economic Development Strategy Areas.
The City Council has generally been receptive to making additional changes to the
comprehensive plan designation and the Environmental Park zoning district to promote a
location supportive of small to medium scale, environmentally friendly manufacturing uses that
would be conducive to a location proximate to multiple family housing. The manufacturing uses
are envisioned to be generally smaller-scale and non-nuisance type businesses.
The purpose of the proposed comprehensive plan policy/text amendments is to document and
specify the evolving discussions of the City Council on this new initiative and to provide a policy
framework within this year’s comprehensive plan amendment process that “set the stage” for
future comprehensive plan and zoning regulation changes. Therefore, the purpose of the
change is to provide a policy foundation as a starting point for future planning actions.
Innovative Partnership Zone
The “Innovative Partnership Zone” (IPZ) is a unique economic development effort that partners
research, workforce training, and private sector participation in close geographic proximity to
promote collaboration in a research based effort that will lead to new technologies, marketable
products, company formation, and job creation. Created by the State Legislature in 2007 and
assigned to the State Department of Commerce, the zones are administered by the City
pursuant to a comprehensive business plan.
1. Mission:
The mission of Auburn's Innovative Partnership Zone to support a vibrant, vital economy
for the City of Auburn, our local region and the State of Washington. Encouraging the
adaption of warehouse districts to mixed use, market-affordable technology clusters and
facilitating collaborative partnering among private sector employers, research partners,
and programmed workforce development, the IPZ will implement a multi-phased plan
across a variety of business sectors beginning with Ecosystems and Rainwater
Management. These collaborative clusters will realize new businesses and products;
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Policy/Text Amendments
Date: December 11, 2012
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expand our existing knowledge based middle-wage jobs while creating new higher-
paying employment opportunities for the citizens of our City. Through new partnerships
and the clustering of entrepreneurs, ideas will flourish, manufacturing efficiencies will be
developed and our diverse business community will expand, creating investment
opportunities, new technologies and the general growth of our economy.
2. Goals:
The focal point the State's overall IPZ program is as a resource development tool for
general economic development within this zone, the City of Auburn and throughout the
State of Washington. Specifically for the City of Auburn our primary goal is job creation
for our citizens and the general economic development of our City as a regional center
for business enterprise and technology.
Historically, Auburn has developed as a manufacturing center and as a hub for
supply/distribution warehouse space. Some of this IPZ's existing businesses and
clusters surround advanced technology/high-wage employment manufacturing; the
greater percentage of Auburn industry is made up of solid, well established
manufacturing clusters employing a significant number of knowledge-based middle-
wage workers.
A certain goal of this Innovation Partnership Zone is to capitalize on our diverse
manufacturing technology clusters and through the introduction of research partnering,
encourage their expansion and development; another goal will be to maximize
efficiencies within our supply chain warehousing/distribution industries; and a third and
critically important goal will be to persuade our Auburn property owners to encourage the
conversion of warehouse inventory to new market-affordable, mid to high-wage
employment technology clusters.
In addition, our overall goals also emphasize the creation of marketable products,
business retention and expansion, the formation of new business partnerships (including
the diversification of manufactures across traditional business lines) and the creation of
new technological advances.
3. Leadership/Governance:
The IPZ Administrator shall be the Economic Development Manager for the City of
Auburn. As administrator he/she will be responsible for day-to-day implementation of this
business plan including its Mission, Goals, as well as the general overall success of the
IPZ program. The Administrator shall work with the Management Team to promote the
economic sustainability of the IPZ and its partners. Further, the Administrator shall
actively work to assist existing business organizations within the zone, introduce new
partnerships, encourage creativity and fresh ideas, and to promote Auburn as a
destination for new businesses and clusters.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
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Policy/Text Amendments
Date: December 11, 2012
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Housekeeping Item of Clarification
At the request of the Planning Commission, staff was asked to clarify the meaning of existing
text in the Comprehensive Plan. Two changes are suggested as a result. First, to revise Policy
III.J. on page 14-28 to renumber the policy as “Policy III.I” since there are already two policies
with the same letter designation: “J”. And second, to revise this policy related to the discussion
of “Problem Areas” and subcategory, “West Auburn” to clarify “Local Serving” and “‘Region
Serving”. Quotation marks are proposed to be added to signify that the terms have a special
sense or specific meaning, described elsewhere in the Plan.
These terms are further explained in the context of the Comprehensive Plan Chapter 3, “Land
Use” where it says:
“Urban Form Planning deals with the basic geographic form of the city.
Auburn's existing form separates the city into two parts: a concentration of employment
base on the west with sufficient existing and potential jobs to be of regional significance
(region serving area), and residential and locally oriented business uses to the east
(community serving area). This existing policy of a "split" form has generally been
effective in avoiding gross land use conflicts between residential uses and more
intensive (e.g. industrial) land uses. This Plan's policies maintain this basic split policy.
However, Auburn's downtown area is also treated as a unique (both region and
community-serving) part of the city's form.”
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
Comprehensive Plan Map Amendments
CPM #5
Add new Map No. 14.3, ‘Economic Development Strategy Areas” as a reference map at the
back of the city’s Comprehensive Plan to show the nine areas that have been identified and
discussed by the City Council.
Discussion
The reference Map No. 14.3, ‘Economic Development Strategy Areas” proposed for inclusion in
the back of the Comprehensive Plan document and referenced within Chapter 14, “The
Comprehensive Plan Map” is being added. This map is new to the Plan and is proposed to be
added for ease of communicating and understanding the location of the Economic Development
Strategy Areas. The location of the economic development strategy areas are depicted
generally based on the City council discussions and the precise boundaries will be established
through subsequent planning actions. The map includes this fact as a notation.
ORD.B Page 96 of 305
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Policy/Text Amendments
Date: December 11, 2012
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Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
CPM #2 – CPA12-0002, River Mobile Home Park map amendment
1. The applicant submitted a comprehensive plan map amendment application on June 8,
2012 by the submittal deadline of June 8, 2012. The comprehensive plan map amendment
application seeks to change the mapped land use designation of a parcel shown on Map No
14.1, titled “Comprehensive Plan”.
2. The application was submitted by K. Michael McDowell, Principal, of Confluence
Environmental Company on behalf of Dean Moser, Managing Director, HCA Management,
Applicant and property owner.
3. In addition to the Comprehensive Plan Map Amendment, the applicant submitted an
environmental checklist application. A Determination of Non-Significance was issued for the
River Mobile Home Park (HCA Management) Comprehensive Plan Map Amendment and
rezone under City File No. SEP12-0016 on August 29, 2012. No comments were received
or appeals filed.
4. The application seeks to change the comprehensive plan land use designation for the
northern approximately 6.36 acres of a parcel (Parcel # 0004000098) located west of the
Green River from “Public and Quasi-Public” to “Moderate Density Residential”. The subject
property is located east of the 3400 block of I Street NE and directly south of the River
Mobile Home Park which is addressed as 3611 “I” Street NE (Parcel # 0621059002).
5. The portion of the parcel requested for change is undeveloped. The balance of the parcel is
undeveloped, except for the overhead electrical transmission lines on lattice towers
(Bonneville Power Administration), an underground water transmission pipeline (Tacoma
Pipeline No. 5) and storm drainage ponds and wetlands.
6. The site does not border public streets.
7. The property is located within the King County portion of the City of Auburn. It was annexed
to City in 1959 by Ordinance No. 1300.
8. The subject property had a “single family residential” comprehensive plan designation and
was zoned R2, Single Family Residential since at least 1987. The designation was changed
to “Public Quasi-Public” and the zoning changed to P1, Public Use after the city’s acquisition
of the parcel in 1995 for potential use for regional storm water treatment and storage
purposes. Subsequent, changes in drainage standards and more specific storm drainage
modeling by the city indicated that the full amount of the parcel was no longer needed. An
update to the City’s Comprehensive Drainage Plan was processed as a Comprehensive
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Policy/Text Amendments
Date: December 11, 2012
Page 17 of 50
Plan Amendment last year based on this storm drainage modeling of this drainage basin
(CPA11-0003 –P/T#7).
9. The Comprehensive Plan Amendment and related rezoning have been requested by the
Applicant for the purpose of changing the land use designation. The change is to facilitate
future development of replacement mobile home spaces and the park’s recreational vehicle
parking that will be displaced by King County Reddington Levee Extension and Setback
Project. The King County Flood Control District is acquiring the east end of the mobile
home park (closest to the Green River) in order to relocate the levee further west and away
from the River and allow additional flood capacity and river migration area.
10. The following explanation of the King County Reddington Levee Extension and Setback
Project is excerpted from their website:
(http://www.kingcounty.gov/environment/wlr/sections-programs/river- floodplain-
section/capital-projects/reddington-levee-setback-and-extension.aspx)
The project
The Reddington Levee Setback and Extension Project, as a component of King County’s
Green River levee system, is part of a larger overall flood management strategy for the
entire Green River. This project will set back and extend the Reddington Levee along the
left (west) bank of the Green River through a portion of the City of Auburn from Brannan
Park (26th Street Northeast) north to 43rd Street Northeast.
Problem addressed
The project will result in a wider corridor for moving flood flows, and a wider riparian
corridor with enhanced ecological benefits. It will greatly reduce flood risk to residents,
businesses and infrastructure within the City of Auburn and the Green River Valley.
Once the new setback levee is constructed and the existing levee removed, the river
channel will be free to migrate laterally and form new channel patterns in this area.
The project includes approximately 6,600 linear feet (LF) of setback levee. The southern
end of the project includes removing existing rock armoring and the existing levee prism
that is currently sitting along the river’s edge. The northern end of the project will extend
the levee north to 43rd Street Northeast.
Project goals
The Green River basin is located in Water Resource Inventory Area (WRIA) 9. The
WRIA 9 Salmon Habitat Plan identifies actions for the recovery of endangered salmon in
the Green River, including specific project recommendations. The plan calls for side
channel rehabilitation within the Reddington Levee Setback and Extension project plan
area (Project LG-1). The proposed Reddington project not only accomplishes the side
channel reconnection goal, it also removes channel armoring, incorporates engineered
log structures and riparian revegetation, and avoids the use of tidegates thereby allowing
access for juvenile and adult salmonids.
• The Reddington Levee Setback and Extension Project goals are to:
• Reduce flood risks to residents of Auburn and the Green River Valley by:
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Date: December 11, 2012
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• Replacing levees that do not meet modern structural design standards and have
a history of seepage problems
• Extending the levee system where no levee currently exists along roughly a mile
of river bank from just north of the River Mobile Home Park to 43rd Street
Northeast
• Setting back levees to reduce their susceptibility to scour, the forceful removal
and translocation of sediment by heavy water flows
• Increasing the flow containment capacity of the levee system beyond 12,000
cubic feet per second
• Improve natural river functions to improve habitat by:
• Setting back levees to allow for more channel movement within the project area
• Allowing the river to meander, scour and develop a more complex ecosystem,
which includes formation of rearing habitat for juvenile salmon
• Providing floodplain refuge for fish to avoid high flow velocities
• Protecting existing vegetation and restoring a corridor of native vegetation to
increase shoreline and channel shading, support the riparian food web, and
improve fish and wildlife habitat adjacent to and within the river channel
Project time line
The project is planned for construction in 2013 and will cover approximately
6,600 feet of levee.
11. The King County Flood Control District will financially compensate the mobile park owner
and the mobile park residents for the acquisition and displacement consistent with
applicable state and federal laws. As a separate action from the County’s project, the
mobile park owner seeks to apply to the city to replace the approximately 16 mobile home
spaces and the park’s recreational vehicle parking area that will be displaced.
12. Concurrently with the requested change in comprehensive plan and zoning designations,
the mobile home park owner is negotiating with the City for acquisition of a portion of this
city-owned parcel. Upon successful conclusion of negotiations, a Boundary Line Adjustment
or other method will be required to combine the area of acquisition (the approximately 6.36
acres) with the existing mobile home park.
13. The current Comprehensive Plan designation, zoning designation and land uses of the site
and surrounding properties are as follows:
Comprehensive Plan
Designation
Zoning
Classification
Current Land Use
Site
Public and Quasi-
Public
P1, Public Use
Vacant
North
Moderate Density
Residential
RMHC, Residential
Manufactured Home
Community
Mobile home park
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Policy/Text Amendments
Date: December 11, 2012
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South
Public and Quasi-
Public
P1, Public Use
Vacant except for overhead
electrical transmission lines
on lattice towers, an
underground water
transmission pipeline and
storm drainage ponds and
wetlands
East
Open Space
P1, Public Use
Green River
West
High Density
Residential
R20, 20 dwelling
units per acre
Multiple family residential
and I Street NE
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Date: December 11, 2012
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14. The purpose of the Comprehensive Plan document is to provide a policy basis for the future
zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent as required by the following city code section:
“ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. “
15. The City code provides certain criteria for decisions for Comprehensive Plan amendments
as follows:
“ACC 14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significant
study and public participation. The principles, goals, objectives and policies
contained therein shall be granted substantial weight when considering a
proposed amendment. Therefore, the burden of proof for justifying a proposed
amendment rests with the applicant, who must demonstrate that the request
complies with and/or relates to the following decision criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36.70A RCW , the countywide
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region.”
16. The first criterion is that the change must further and be consistent with the goals
and objectives of the plan and the plan will remain internally consistent. The
Comprehensive Plan contains policy guidance that relate to this application. Chapter 14,
“Comprehensive Plan Map”, starting at page 14-5 provides the following purpose and
description of the “Moderate Density Residential” Comprehensive Plan designation:
“Moderate Density
Purpose: To provide a transition between single family residential areas and other
more intensive designations, as well as other activities which reduce the suitability of
potential residential areas for single family uses (such as high traffic volumes). In so
doing, this designation will offer opportunities for housing types which balance residential
amenities with the need to provide economical housing choice, in a manner consistent
with conserving the character of adjacent single family areas.
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Date: December 11, 2012
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Description: Moderate density residential areas are planned to accommodate
moderate densities of varying residential dwelling types. Appropriate densities in these
areas shall range from 8 to 10 units net per acre and potentially 16 units per net acre,
where properties have frontage on an arterial or residential collector. Dwelling types
would generally range from single family units to multiple-family dwellings, with larger
structures allowed (at the same overall density) where offsetting community benefits can
be identified. Structures designed to be occupied by owner-managers shall be
encouraged within this designation.
Compatible Uses: Public and quasi-public uses that have land use impacts similar to
moderate to high density residential uses are appropriate within this category. Also, uses
which require access to traffic (such as schools and churches) are appropriate for these
areas. Carefully developed low intensity office, or residentially related commercial uses
(such as day care centers) can be compatible if developed properly. This designation
can include manufactured home parks.
Criteria for Designation: Areas particularly appropriate for such designation are:
1. Areas between single family residential uses and all other uses.
2. Areas adjacent to, or close to arterials designated in the transportation element.
3. Existing manufactured home parks.
4. Areas sandwiched between higher intensity uses, but not directly served by an
arterial.
5. Urban infill areas not appropriate for single family uses but also not capable of
supporting higher density uses.
Considerations Against Applying this Designation: Areas to generally be avoided
by moderate density residential designations include:
1. Areas surrounded by lower density uses.
2. Areas more appropriate for commercial or higher density uses due to traffic or
extensively developed public facilities.
3. Areas within the Region Serving Area designated by this Plan (except as
otherwise provided by the Plan).
4. Any areas not planned to be served by water and sewer systems.
Appropriate Implementation: This designation can be implemented by three zones:
1) R-10: Permits 10 dwelling units per net acre. The zoning allows single family
dwellings and duplexes as permitted uses. Multiple-family dwellings, some residential
supporting uses, and professional offices as part of a mixed-use development may be
permitted as conditional uses.
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Date: December 11, 2012
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2) R-16: Permits 16 dwelling units per net acre. The zoning allows for a variety of
housing types, include single family, duplexes, and multiple-family dwellings and mixed-
use development.
3) R-MHC: Manufactured/Mobile Home Community permits the development of
manufactured home parks on property that is at least 5 acres in size. The base density
is 10 dwelling units per net acre.”
17. For comparison, Chapter 14, “Comprehensive Plan Map”, starting at page 14-8 provides the
following purpose and description of the “Public and Quasi-Public” Comprehensive Plan
designation:
“Purpose: To designate areas of significant size needed to provide public and quasi-
public services to the community.
Description: This category includes those areas which are reserved for public or quasi-
public uses of a developed character. It is intended to include those of a significant
extent, and not those smaller public uses which are consistent with and may be included
in another designation. Public uses of an industrial character, such as the General
Services Administration, are included in the industrial designation. Streets, utilities and
other public activities supporting other uses are not considered separate uses and are
not so mapped. This designation includes large churches, private schools and similar
uses of a quasi-public character. Developed parks are also designated under this
category.
Compatible Uses: Uses more appropriately designated under another category should
not be designated under this category, irrespective of ownership. Industrial and
commercial uses which are affiliated with and managed by educational institutions for
vocational educational purposes may be classified as a public use and permitted on a
conditional basis.
Criteria for Designation: Designation of these areas should be consistent with the
character of adjacent uses.
Appropriate Implementation: This designation will generally be implemented by three
zones:
1) P-1 (Public Use) District provides for the location and development of public uses
that serve the cultural, educational, recreational and public service needs of the
community.
2) I (Institutional Use) District provides for similar uses, but includes schools and
typically allows a much broader list of uses.
3) LF (Landing Field) District provides for the operation and management of the Auburn
Municipal Airport.”
Since the full extent of the City-owned property is no longer needed for the city–wide purpose of
storm drainage management and the Comprehensive Drainage Plan has been revised
accordingly, it is not appropriate for the entire property to continue to reflect a “Public and
Quasi-Public” Comprehensive Plan designation. Instead, it is appropriate to change the
designation of a portion of the site to a designation in order to return the property to a use which
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Policy/Text Amendments
Date: December 11, 2012
Page 24 of 50
allows replacement of the mobile home park units that is being displaced by the community-
serving flood protection project, in response to this application.
18. Also, in Chapter 3, “Land Use”, the Comprehensive Plan document provides various policies
which promote additional residential development in order to meet community and growth
management goals. The following selected polices support the residential development:
“LU-13 The City should promote the provision, preservation and maintenance of
adequate housing for the city's residents by encouraging a balanced mix of housing
types and values appropriate to the income levels and lifestyles of area residents.
Auburn has always been willing to accept its "fair share" of low and moderate cost
housing opportunities. However, this has translated into a great disparity in Puget Sound
communities with cities such as Auburn receiving more of these types of housing than
other comparable communities. This has had impacts in terms of the costs of meeting
human service needs as well as some poorly maintained multifamily properties which
have caused a variety of problems. Auburn will work to insure that housing units are
equitably distributed across the region in terms of both physical location and cost.”
“LU-24 The development of residential areas should recognize the importance of
community and public facilities in developing a sense of neighborhood and community.”
“LU-37 Siting of moderate density units shall be encouraged as a buffer between
single family areas and more intense uses. Such buffering is appropriate along arterials
where existing platting prevents effective lot layout for single family units. Also, such
buffering is appropriate between single family areas and commercial and industrial uses.
Where there are established single family areas, the design and siting of moderate
density units shall be controlled to reduce potential conflicts and to ensure buffering of
uses. Higher density units are not to be considered such a buffer.”
The city-owned property requested for change does not border a public street and is bordered
by overhead electrical lines and underground water lines. Thus, the existing configuration does
not lend itself to a wide variety of uses, but is suitable for replacement of housing stock that is
being lost to the levee setback and extension project. The replacement of the mobile homes is
consistent with the Comprehensive Plan polices of supporting diversity and preservation of
housing and maintaining neighborhoods.
19. In addition Chapter 3, “Land Use”, recognizes the value of manufactured home and mobile
home parks. The Plan recognizes that mobile home parks serve a community purpose of
filling a need for affordable housing. The subsection entitled “manufactured homes”
identifies these specific areas and recognizes and addresses the need within the city as
follows:
“Manufactured Homes Manufactured homes provide affordable housing to many
Auburn residents. In many cases, they provide the opportunity of home ownership to
households which cannot afford to purchase more traditional types of housing.
However, poorly designed, high density manufactured home parks can raise the same
issues that multiple family developments pose. Careful design and placement of
manufactured housing in parks especially with appropriate landscaping, can greatly
reduce problems associated with such development.
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Date: December 11, 2012
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This Plan's policies continue to recognize the benefits that manufactured homes can
have on housing affordability. Improved codes requiring high standards for the design
and siting of manufactured home parks and units on individual lots should be
implemented.
Objective 7.6 To continue to allow manufactured homes as an affordable form of home
ownership, provided that such developments are carried out in a manner which supports
rather than detracts from the quality of the community and adjacent uses.
Policies:
LU-39 The siting of new manufactured home parks shall be subject to the same policies
applicable to high density residential development. Manufactured home park densities
should not exceed 8 units per acre. New manufactured home parks shall be bordered or
contained by physical features, or planned and designed as part of a larger development
incorporating other housing types in a manner which limits further manufactured home
park expansion into adjacent areas.”
The request allows the continuation of manufactured homes as a more affordable form of
home ownership.
20. The second decision criterion is that the comprehensive plan amendment must not
diminish or increase the ability to provide adequate services. The proposed change by
itself, if approved will not affect the ability to provide adequate services. Under the current
conditions, as with many properties in the city, the infrastructure improvements would be the
responsibility of the future development. At the time of development, adequate services are
required to be provided in order for the development to be authorized so it is not anticipated
that approval of the request negatively affects provision of services.
The property was previously designated for residential development prior to 1995 and thus it
is foreseeable that a change in the designation of a portion of the site can be adequately
served by adequate services.
21. The third decision criterion is that the assumptions on which the comprehensive plan
is based are found to be invalid. As previously discussed above, since the entirety of the
City-owned property is no longer needed for the community–wide purpose of storm drainage
management and the Comprehensive Drainage Plan has been revised accordingly, it is not
appropriate for the entire property to continue to reflect the “Public and Quasi-Public”
Comprehensive Plan designation. Instead, it is appropriate to change the designation of a
portion of the site to a designation in order to return the property to a use which allows
replacement of the mobile home park units that is being displaced by the community-serving
flood protection project.
22. The fourth decision criterion is that there has been a change or lack of change in
conditions or circumstances has occurred since the adoption of the latest
amendment to the comprehensive plan that dictates the need for a proposed
amendment. Again, the property is no longer needed for the community–wide purpose of
storm drainage management and the Comprehensive Drainage Plan has been revised
accordingly thus, it is not appropriate for the entire property to continue to reflect a “Public
and Quasi-Public” Comprehensive Plan designation. The City’s recent storm drainage
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Policy/Text Amendments
Date: December 11, 2012
Page 26 of 50
modeling, the corresponding change in City’s Comprehensive Drainage Plan to recognize
this modeling and the King County Flood Control District Reddington Levee Setback and
Extension Project all represent changed circumstances that dictate a need for the proposed
Comprehensive Plan map amendment.
23. The fifth decision criterion is that the change must be determined to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of
the relevant county and “Vision 2040: Growth and Transportation Strategy for the
Puget Sound Region”. The change if approved would continue to be consistent with the
Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King County
and “Vision 2040: Growth and Transportation Strategy for the Puget Sound Region”. The
proposal is consistent because it preserves and replaces existing residential development.
24. The sixth decision criterion, applies only to changes of the mapped land use
designation of a specific property, the applicant must demonstrate one of the
following:
a. The current land use designation was clearly made in error or due to an
oversight;
b. The proposed land use designation is adjacent to property having a similar
or compatible designation, or other conditions are present to ensure
compatibility with surrounding properties;
c. There has been a change in conditions since the current land use
designation came into effect. (Ord. 6172 § 1, 2008.)
The same land use designation as proposed occurs on adjacent properties and thus meets item
b.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
CPM #4 – Auburn School District map amendment
1. The Comprehensive Plan map amendment application was accepted on June 8, 2012 by
the submittal deadline of June 8, 2012.
2. The application was submitted by Camie Anderson, Senior Associate, Shockey Planning
Group on behalf of Jeffery Grose, Executive Director of Capital Projects, Auburn School
District, Applicant.
3. In addition to the Comprehensive Plan Map Amendment, the applicant submitted an
environmental checklist application.
4. The Comprehensive Plan map amendment application seeks to change the comprehensive
plan designation of two (2) parcels totaling approximately 0.63 acres located SE of the
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Policy/Text Amendments
Date: December 11, 2012
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Auburn High School from “Office Residential” to “Public and Quasi-Public” and to change
twelve (12) parcels totaling approximately 1.74 acres located NW of the high school from
"High Density Residential" to "Public/Quasi-Public". The sites are SE and NW of the high
school addressed as 800 4th ST NE, Auburn.
5. As indicated by the Applicant’s narrative submitted with the application, the Comprehensive
Plan Amendment and related rezoning have been requested for the purpose of changing the
land use designation of the property to ensure the ability for future redevelopment. The
comprehensive plan map amendments and rezones are requested for the purpose of
facilitating the “Auburn High School Modernization and Reconstruction Project”. The
following information on the Auburn High School Modernization and Reconstruction Project
originates from the School District website:
http://ahsproject.auburn.wednet.edu/ahsproject/Info/
“Project Information
Introduction:
• Auburn High School was built in 1950 and expanded five times since then.
• The school provides excellent programs and extensive community facilities but
does so in an aging building that is no longer cost-effective to operate and
maintain.
• To address this situation, Auburn School District is working on the design of a
modernized and reconstructed facility at Auburn High School.
Project History:
• In 2005, an Auburn School District Citizen’s Ad Hoc Committee recommended
the school district replace any building if the cost to modernize the facility
exceeds 70% of the cost of a new building.
• In 2008, Auburn School District completed an in-depth assessment of all of its
buildings and found that Auburn High School:
fails to meet many of the school district’s facility standards,
is beyond its economic life span and not cost-effective to remodel, and
should be replaced because the cost to remodel the school exceeds 70%
of the cost of a new building.
Project Design:
• The modernized and reconstructed school will be built at its current location
between East Main Street and 4th Street NE.
• The project will replace all of the buildings on campus except for the PAC
(Performing Arts Center) and Auto Shop.
• The PAC, Auto Shop and grounds will be modernized.
• The new facility will be similar in size and student capacity to the current school.
• The building will be brick, with a classic and timeless appearance.
• The construction work will be phased so students can safely remain on campus
during the construction project.
ORD.B Page 108 of 305
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2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
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Important Design Features:
• A new and prominent front entry on East Main Street.
• Direct access to and easily visibility of the PAC and Main Gym from 4th Street
NE.
• Expansion of on-site parking stalls from 315 to over 600.
• Large parking lot adjacent to the Main Gym, PAC and Auburn Pool directly
across the street from Auburn Memorial Stadium.
• Off-street bus loading area.
• New synthetic turf baseball and softball fields.
• All buildings under one roof.
• Improved energy efficiency.
• New classroom and building technology.
• A large student commons.
• Modernized PAC with a new front entry plaza and drop-off area, new lobby and
delivery area, new theater seats, upgraded lighting and sound systems, improved
access for the disabled, seismic upgrades, and more restrooms.
Project Schedule:
• A bond issue will be submitted to the voters on November 6, 2012 to provide
funding for the project.
• If a bond issue passes in November 2012, construction will start in 2013 and be
completed in phases with the last phase finished in 2016.”
ORD.B Page 109 of 305
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Policy/Text Amendments
Date: December 11, 2012
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6. The current Comprehensive Plan designation, zoning designation and land uses of the site
and surrounding properties are as follows:
Current
Comprehensive Plan
Current
Zoning
Current
Land Use
Site
Location
Parcels SE of
High School
Parcels NW
of High
School
Parcels
SE of
High
School
Parcels
NW of
High
School
Parcels SE
of
High School
Parcels NW of
High School
On-site
Office
Residential
High Density
Residential
RO,
Residential
Office
R20,
20 d.u. per
acre
Professional
and medical
offices
School
Facilities,
Single Family &
Multiple Family
Residences, &
Vacant
North
Public/ Quasi-
Public
Public/
Quasi-Public
I,
Institutional
I,
Institutional High School
School District
Swimming Pool,
Parking Lot &
Uses
South
Office
Residential
Public/
Quasi-Public
RO,
Residential
Office
I,
Institutional
Professional
offices &
Single
Family
Residences
Elementary
School
East
Office
Residential
Public/
Quasi-Public
RO,
Residential
Office
I,
Institutional
Professional
offices and
Commercial
High School
West
Public/ Quasi-
Public
High Density
Residential
I,
Institutional
R20,
20 d.u. per
acre
High School
Single Family &
Multiple Family
Residences &
Professional
Offices
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Policy/Text Amendments
Date: December 11, 2012
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Policy/Text Amendments
Date: December 11, 2012
Page 31 of 50
7. The request seeks to change the designation of 14 parcels; 2 parcels totaling 0.63 acres
located SE of the Auburn High School and 12 parcels totaling approximately 1.74 acres
located NW of the high school. The parcels requested for change are each rectangular in
shape and have been previously platted.
8. The two parcels totaling 0.63 acres located SE of the Auburn High School are bordered to
the south by developed East Main Street designated by the City as a “Minor Arterial” street
within a 60-foot right-of-way. The 12 parcels totaling approximately 1.74 acres located NW
of the high school, considered together border the developed right-of-way of E Street NE
designated as a “Local Residential” street within a 60-foot right-of-way.
9. NW of the high school, the one-block length of public alley between the 12 parcels,
(extending east from E Street NE approximately midway between 2nd and 3rd Street NE) and
the one block portion of 2nd street NE located south of the 12 parcels have been requested
by the School District to be vacated. (City File # V1-12). The vacation process is currently
pending and a City Council decision is expected in December 2012.
10. The property is located within the King County portion of the City of Auburn and is within the
original incorporated boundary of the City (circa 1890).
11. The 2 parcels totaling 0.63 acres located SE of the Auburn High School have had a
“Residential Office” comprehensive plan designation and were zoned RO, Residential Office
since 1987. The 12 parcels totaling approximately 1.74 acres located NW of the school
have a “High Density Residential’ comprehensive plan designation and were zoned R4,
Multiple Family Residential (and subsequently amended to R20, 20 dwelling units per acre)
since 1987.
12. The 2 parcels totaling 0.63 acres located SE of the Auburn High School contain an existing
professional office and a medical office. The District has acquired the property or is in the
process of acquiring and has secured the property owner’s permission to file this
application. The 12 parcels totaling approximately 1.74 acres located NW of the school, are
either vacant or contain a single family or multiple family residence. The District has
acquired the property or is in the process of acquiring and has secured the property owner’s
permission to file applications with the City.
13. The purpose of the City’s Comprehensive Plan document is to provide a policy basis for the
future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent as required by the following city code section:
“ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. “
14. The City code provides certain criteria for decisions for comprehensive plan amendments as
follows:
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Date: December 11, 2012
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“ACC 14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significant study and
public participation. The principles, goals, objectives and policies contained therein shall
be granted substantial weight when considering a proposed amendment. Therefore, the
burden of proof for justifying a proposed amendment rests with the applicant, who must
demonstrate that the request complies with and/or relates to the following decision
criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36.70A RCW , the countywide
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region.”
15. The first criterion is that the change must further and be consistent with the goals
and objectives of the plan and the plan will remain internally consistent. The
Comprehensive Plan contains the following policy guidance that relate to this application.
Chapter 14, “Comprehensive Plan Map”, starting at page 14-8 provides the following
purpose and description of the “Public and Quasi-Public” Comprehensive Plan designation:
“Public and Quasi-Public
Purpose: To designate areas of significant size needed to provide public and
quasi-public services to the community.
Description: This category includes those areas which are reserved for public
or quasi-public uses of a developed character. It is intended to include those of a
significant extent, and not those smaller public uses which are consistent with
and may be included in another designation. Public uses of an industrial
character, such as the General Services Administration, are included in the
industrial designation. Streets, utilities and other public activities supporting
other uses are not considered separate uses and are not so mapped. This
designation includes large churches, private schools and similar uses of a quasi-
public character. Developed parks are also designated under this category.
Compatible Uses: Uses more appropriately designated under another category
should not be designated under this category, irrespective of ownership.
Industrial and commercial uses which are affiliated with and managed by
educational institutions for vocational educational purposes may be classified as
a public use and permitted on a conditional basis.
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Policy/Text Amendments
Date: December 11, 2012
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Criteria for Designation: Designation of these areas should be consistent with
the character of adjacent uses.
Appropriate Implementation: This designation will generally be implemented
by three zones:
1) P-1 (Public Use) District provides for the location and development of
public uses that serve the cultural, educational, recreational and public
service needs of the community.
4) I (Institutional Use) District provides for similar uses, but includes schools
and typically allows a much broader list of uses.
5) LF (Landing Field) District provides for the operation and management of
the Auburn Municipal Airport.
The designation can also be implemented as a conditional use under various
zones. Approval of these types of uses (and open space uses), not individually
designated on the Plan Map, under a conditional use permit or rezone consistent
with or related to adjacent zoning, shall not be considered inconsistent with the
designations under this Plan.” (Emphasis added)
The request to change the designation of the 14 parcels to “Public and Quasi-Public” is
consistent with the Comprehensive Plan. The property is adjacent to other parcels already
designated for and/or developed with public school facilities. It is adjacent to the
approximately 28-acre property (parcel # 1821059082) containing the Auburn High School
and Performing Arts Center (PAC) and the 4.3-acre parcel (Parcel # 1821059060)
containing the Washington Elementary School. So the request seeks to expand the existing
area designated “Public and Quasi-Public” to achieve a “significant extent” of an already
“developed character” for quasi-public use.
For comparison, Chapter 14, “Comprehensive Plan Map”, starting at page 14-3 provides the
following purpose and description of the “High Density Residential” Comprehensive Plan
designation:
“High Density Residential
Purpose: To provide an opportunity for the location of the most economical forms of
housing in areas appropriately situated for such uses under the policies of this Plan.
Description: This category shall be applied to those areas which are either now
developed or are reserved for multiple family dwellings. Densities may range from 16 to
20 units per acre. Dwelling types may range from single family units to apartment
complexes, and may include manufactured home parks when located adjacent to major
arterial streets. Adequate on-site open space areas should be provided for all multi-
family developments. Densities exceeding 20 units per acre and special development
standards may be authorized for senior housing projects, within the Downtown area and
within 1/4 mile of regional transit service.
Compatible Uses: Compatible uses are similar to those identified under the other
residential categories, except higher intensities of use may be appropriate. Public uses
and open spaces which tend to visually relieve the high density character of these areas
should be encouraged.
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Policy/Text Amendments
Date: December 11, 2012
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Criteria for Designation: In addition to areas already developed to this density, this
designation should be applied only to areas which have or may be most efficiently
served with high capacity and high quality public services and facilities. Of particular
concern is the provision of adequate traffic circulation, and this category shall only be
applied to areas with developed arterial access. Other siting concerns may include
access to commercial services and open space amenities. This category may also be
applied to areas which are threatened with deterioration and multiple family dwellings
offer the potential for rehabilitation.
Considerations against Applying this Designation: Areas not appropriate for this
zone include areas surrounded, without physical separation, by lower intensity uses.
Appropriate Implementation: This designation can be implemented by the following
zones:
1) R-16: Permits 16 units per net acre. The zoning allows for a variety of housing
types include single family, duplexes, and multiple-family dwellings and mixed-use
development.
2) R-20: Permits 20 units per net acre and multiple-family residential and mixed-use
development. Residential supporting uses and some professional offices are permitted
as conditional uses.
3) R-MHC: Manufactured/Mobile Home Community permits the development of
manufactured home parks on property that is at least 5 acres in size. The base density
is 10 dwelling units per net acre.”
The current designation of the 12 parcels located NW of the high school is “High Density
Residential” and the properties are vacant or developed with single family or multiple family
residential structures. The designation is part of a larger “strip” or “band” with the same land
use designation. This band provides an appropriate location for more economic housing
located between commercially developed areas and public use. The request to change does
not adversely affect the integrity of the remaining area of “High Density Residential”.
For comparison, Chapter 14, “Comprehensive Plan Map”, starting at page 14-13 provides the
following purpose and description of the “Office-Residential” Comprehensive Plan designation:
“Office-Residential
Purpose: To reserve areas to accommodate professional offices for expanding medical
and business services, while providing a transition between residential uses and more
intensive uses and activities.
Description: This category is a restricted commercial designation reserved only for
certain types of activities. As a growing medical center, areas need to be reserved to
accommodate growth in this sector, which is largely expressed in the form of
professional offices. This category also assures space to accommodate the rapid
growth that is occurring in business services and other service oriented activities. Such
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Policy/Text Amendments
Date: December 11, 2012
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uses also provide a means for an appropriate transition for areas originally developed as
a residential area but now not appropriate for that type of use.
Compatible Uses: To be fully effective as a transition or a buffer, residential uses
should be permitted on a conditional basis.
Criteria for Designation: As a transition this designation can serve as an appropriate
buffer between heavily traveled arterials and established single family areas. It would be
particularly appropriate in areas where large traffic volumes have affected an established
residential area. It can be applied where amenity values mitigate against heavy
commercial uses along major arterials. This designation should also be used to
accommodate the expansion of medical services in the area around Auburn Regional
Medical Center.
Considerations Against Applying this Designation: This zone is intended for
particular applications as described. It generally should not be applied on a large scale
basis.
Appropriate Implementation: This category is implemented by two zones:
1) RO - Residential Office District which is intended to primarily accommodate
business and professional offices where they are compatible with residential uses.
2) RO-H Residential Office-Hospital District is to be used exclusively for the area
around Auburn Regional Medical Center.”
The current designation of the 2 parcels located SE of the high school is “Office-Residential”
and the properties are developed with small professional office uses. The designation is part of
a larger “strip” or “band” with the same “Office-Residential” designation that provides an
appropriate location as a transition from the high school property and arterial street of East Main
Street to nearby single family areas, to the south. The request to change these 2 parcels does
not affect the adversely integrity of the remaining area of “Office-Residential” area since the
designation remains on the south side of East Main Street to serve as a transition to single
family areas located to the south.
16. Also, in Chapter 3, Land Use, and Chapter 5, Capital Facilities, the Comprehensive Plan
document provides various policies which relate to this request. Several policies promote
additional residential development in order to meet community and growth management
goals. The following excerpted policies relate to this requested change to “Public and
Quasi-Public”:
“Chapter 3, Land Use
Objective 8.1 To maintain and enhance all viable and stable residential neighborhoods.
Policies
LU-42 Regulatory decisions in all residential neighborhoods shall result in maintenance
or enhancement of the neighborhood’s residential character.
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Date: December 11, 2012
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a. The location of uses other than those permitted outright shall only be allowed as
specified in this comprehensive plan and in the zoning code.
b. Approval of any non-residential land use shall occur only after a public hearing
process.
c. The City recognizes the important role that public facilities (such as sidewalks,
neighborhood parks and elementary schools) and limited scale quasi-public uses (such
as smaller churches and daycare centers) play in maintaining viable residential
neighborhoods.
d. Single family detached residential neighborhoods should be protected from
intrusion by non-residential or large scale multi-family uses.” (Emphasis added)
As a “public facility” in this context, this policy statement of the Comprehensive Plan recognizes
the important role that public facilities or quasi-public facilities such as schools contribute to
residential neighborhoods. The proposal to expand the existing designation of “Public and
Quasi-Public” to facilitate redevelopment of the high school is consistent with this policy. The
neighborhood already contains properties with the “Public and Quasi-Public” designation; it is
not a new land use for the vicinity.
”Chapter 5 Capital Facilities
GOAL 14. PUBLIC BUILDINGS
To maximize public access and provide for the appropriate location and development of
public and quasi-public facilities that serve the cultural, educational, recreational,
religious and public service needs of the community and the region.
Objective 14.1. To site public buildings in accord with their service function and the
needs of the members of the public served by the facility.
Policies:
CF-63 Public and quasi-public facilities which attract a large number of visitors (City
Hall, museums, libraries, educational, permit or license offices, and health or similar
facilities, etc.) should be sited in areas which are accessible (within 1/4 mile) by transit.
CF-65 The location of religious institutions, private schools, community centers, parks
and similar public or quasi-public facilities shall be related to the size of the facility and
the area served. City-wide facilities should be sited in visible and accessible locations.
CF-66 Small public or quasi-public facilities intended to serve one or two residential
neighborhoods may be located within a neighborhood. Larger public or quasi-public
facilities intended to serve mainly Auburn residents or businesses shall be located along
major arterial roads within the Community Serving Area of Auburn, however, elementary
schools should be given flexibility to locate along smaller roads. Buffering from adjacent
land uses may be required.”
The request to change the designation to “Public and Quasi-Public” is consistent with these
policies since the property is close to transit, related to the surrounding area served and located
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Policy/Text Amendments
Date: December 11, 2012
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along an arterial street (East Main Street) to be sufficiently publicly accessible. The change is
for redevelopment of the high school which is within a ¼ mile of transit. The location is within ¼
mile of bus lines and bus stops along Auburn Way North (Northbound stop at 4th ST NE &
Auburn WY N – Serving Routes 152, 180, 910, & 919)(Southbound stops at 2nd ST NE &
Auburn WY N and 5th ST NE & Auburn WY N – Serving Routes 152, 180, 910, & 919)
according to website information.
The requested change is to facilitate redevelopment of the high school and build upon the
significant existing capital investment in the site. Redevelopment of the site capitalizes on the
existing location that is appropriate and accessible and serves the student population and
community. The high school and performing arts center are bordered by an arterial street (East
Main St) and a non-residential collector (4th Street NE). In fact, the project will be provide “A
new and prominent front entry on East Main Street”, the arterial classified street.
Also, the requested change assists the Comprehensive Plan in remaining internally consistent
since the amendments are consistent with the School District’s proposed Capital Facilities Plan
(CFP). The School District’s Capital Facilities Plan is currently being processed as a text
amendment to the City's Comprehensive Plan (Reference P/T# 1, CPA12-0001). It is proposed
to be incorporated by reference in Chapter 5, Capital Facilities.
17. The second decision criterion is that the comprehensive plan amendment must not
diminish or increase the ability to provide adequate services. The proposed application
for a change in comprehensive plan designation and zoning has been reviewed by the Fire
Agency and the City’s Utilities and Traffic divisions. Based on these reviews, the change
would not adversely affect the provision of services.
The proposal is a non-project action; the proposed application is for a change in the
comprehensive plan designation and zoning. The proposed “project action” for physical
redevelopment of the high school is the subject of a separate environmental review.
The proposed change by itself, if approved will not affect the ability to provide adequate
services. As typical with development in the City, the infrastructure improvements needed to
serve the development would be the responsibility of the future development. At the time of
development, adequate services are required to be provided concurrent with the
development in order for the project to be authorized. So, it is not anticipated that approval
of the request negatively affects provision of services.
18. The third decision criterion is that the assumptions on which the comprehensive plan
is based are found to be invalid. While the policies of the Comprehensive Plan are not
invalid, a change to the mapped configuration of the land use designations of this request is
logical (a change to Map No. 14.1). The 12 parcels located NW of the high school are
currently surrounded by the “Public and Quasi-Public” designation on 3 sides; the properties
to the SE are bordered on 2 sides. The proposed change expands the existing area of the
“Public and Quasi-Public” designation and squares up the existing boundaries; it eliminates
protrusions and “bump-ins” to provide a more uniform boundary. The change also reduces
instances of property designated for other uses immediately abutting the “Public and Quasi-
Public” designation and thereby reduces potential conflicts and provides more logical
boundaries as they are proposed to be separated by public rights-of-way.
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Policy/Text Amendments
Date: December 11, 2012
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19. The fourth decision criterion is that there has been a change or lack of change in
conditions or circumstances has occurred since the adoption of the latest
amendment to the comprehensive plan that dictates the need for a proposed
amendment. Changes since the time of adoption of the Comprehensive Plan is that the
Auburn School District has conducted additional planning for redevelopment of the high
school and determined that “In order to accommodate the district’s current educational
specification and standards, an increase in the areas of the site is necessary.” (See the
memo from the Auburn School District dated October 24, 2012) Another change is that the
school district has acquired or is in the process of acquiring properties abutting the existing
high school parcel. At last verification, the District owned 11 of the 14 parcels and had
permission to file city applications on the remaining 3 parcels that are in the process of
being acquired.
20. The fifth decision criterion is that the change must be determined to be consistent
with the Growth Management Act (GMA)(RCW 36.70A), the Countywide Planning
Policies of the relevant county and “Vision 2040: Growth and Transportation Strategy
for the Puget Sound Region”. The change if approved would continue to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King
County and “Vision 2040: Growth and Transportation Strategy for the Puget Sound Region”.
The proposal is consistent because enhances the general goal of providing public facilities
concurrently with the needs of education and residential development.
21. The sixth decision criterion, applies only to changes of the mapped land use
designation of a specific property, the applicant must demonstrate one of the
following:
d. The current land use designation was clearly made in error or due to an
oversight;
e. The proposed land use designation is adjacent to property having a similar
or compatible designation, or other conditions are present to ensure
compatibility with surrounding properties;
f. There has been a change in conditions since the current land use
designation came into effect. (Ord. 6172 § 1, 2008.)
The same land use designation as proposed occurs on adjacent properties and thus meets item
b.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends approval to the City Council
---------------- NOVEMBER 20, 2012 PLANNING COMMISSION PUBLIC HEARING ---------------
CPM #3 – Locke Property map amendment
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Policy/Text Amendments
Date: December 11, 2012
Page 39 of 50
1. The applicant submitted a Comprehensive Plan map amendment application on June 8,
2012 by the submittal deadline of June 8, 2012.
2. The application was submitted by Eli Berman, Agent, Skyline Properties on behalf of William
and Amy Locke, Applicants.
3. In addition to the Comprehensive Plan Map Amendment, the applicant submitted an
environmental checklist application. A Determination of Non-Significance (DNS) was issued
for the Locke Property Comprehensive Plan Map Amendment and Rezone under City File
No. SEP12-0017 on August 29, 2012. One comment letter was received in response to the
issuance of the environmental review decision after the close of the public comment period.
4. The Comprehensive Plan map amendment application seeks to change the mapped land
use designation for a single approximately 1.88-acre parcel from 'Single Family Residential'
to 'High Density Residential' (Parcel # 0921059132) located at 12130 SE 310th Street.
5. The current Comprehensive Plan designation, zoning designation and land uses of the site
and surrounding properties are as follows:
Comprehensive Plan
Designation
Zoning
Classification
Existing Land Use
Site
Single Family
Residential
R5, Residential 5
dwelling units per
acre
Single family house
North
High Density
Residential
R20, Residential 20
dwelling units per
acre
Multiple family residential
South
High Density
Residential
R20, Residential 20
dwelling units per
acre
Across SE 310th Street,
multiple family and single
family residential
East
Single Family
Residential
(Scrivener’s error
should be High
Density Residential in
part )
R5, Residential 5
dwelling units per
acre and R20,
Residential 20
dwelling units per
acre
Single family and multiple
family residential
West
High Density and
Single Family
Residential
(Scrivener’s error
should be Single
Family Residential in
part)
R5, Residential 5
dwelling units to the
acre
Single Family Residential
ORD.B Page 120 of 305
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Policy/Text Amendments
Date: December 11, 2012
Page 40 of 50
ORD.B Page 121 of 305
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Policy/Text Amendments
Date: December 11, 2012
Page 41 of 50
6. The approximately 1.88-acre parcel requested for change is rectangular measuring
approximately 164 feet east to west and 497 feet north to south. The site is developed with
a single family house in the south central portion of the site.
7. The site is bordered to the south by partially developed SE 310th Street, which is designated
as a “Local Residential Street”. The “Local Residential Street” standard prescribes a 28-foot
wide roadway within a 50-foot right-of-way.
8. According to the site plan accompanying the application, the southern 30 feet of the property
is encumbered by an easement for access and utility (gas pipeline) purposes. The map also
shows a 100-foot protective well radius centered near the house.
9. The property is located within the King County portion of the City of Auburn. It was annexed
to the City in 2007 (effective January 1, 2008) by Ordinance No. 6121.
10. The subject property had a “Single Family Residential” comprehensive plan designation
established by Ordinance No. 6138 in 2007. The site has been zoned R2, Single Family
Residential since the time of its annexation into the city in 2007. Subsequently, in 2009, the
residential zoning designation was renamed R5, Residential, 5 dwelling units per acre.
11. The property occurs at an elevation of 443 feet and is relatively flat with a slight downward
slope to the west.
12. The applicant submitted a wetland delineation report, “Locke Property, Auburn WA, Critical
Areas Investigation Letter Report” prepared by Talasaea Consultants Inc. June 7, 2012.
The report indicates that Wetland A, 107 square feet in size, is located in the northwest
corner of the property. The Cowardian Classification of the wetland is Palustine,
Consolidated bottom, Saturated (PUBB). Wetland A is characterized by a shallow, closed
depression with no apparent inlet or outlet. According to the report, the wetland would likely
collect precipitation and shallow groundwater during the wet season. The report indicates
that the wetland would be classified as a Category IV Wetland with 25 to 30 foot buffers
based on the city’s critical area regulations. Also according to the report there are some
unconfirmed indications this wetland may be man-made. The wetland provides limited
functions based on the small size.
13. As indicated in the narrative submitted by the Applicant, the Comprehensive Plan
Amendment and related rezoning have been requested for the purpose of changing the land
use designation of the property to ensure the ability for future redevelopment. The applicant
indicates there currently are no plans for redevelopment of the site.
14. The purpose of the City’s Comprehensive Plan document is to provide a policy basis for the
future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent as required by the following city code section:
“ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. “
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Policy/Text Amendments
Date: December 11, 2012
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15. The City code provides certain criteria for decisions for comprehensive plan amendments as
follows:
“ACC 14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significant
study and public participation. The principles, goals, objectives and policies
contained therein shall be granted substantial weight when considering a
proposed amendment. Therefore, the burden of proof for justifying a proposed
amendment rests with the applicant, who must demonstrate that the request
complies with and/or relates to the following decision criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36.70A RCW , the countywide
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region.”
16. The first criterion is that the change must further and be consistent with the goals
and objectives of the plan and the plan will remain internally consistent. The
Comprehensive Plan contains policy guidance that relate to this application. Chapter 14,
“Comprehensive Plan Map”, starting at page 14-6 provides the following purpose and
description of the “High Density Residential” Comprehensive Plan designation:
“High Density Residential
Purpose: To provide an opportunity for the location of the most economical forms of
housing in areas appropriately situated for such uses under the policies of this Plan.
Description: This category shall be applied to those areas which are either now
developed or are reserved for multiple family dwellings. Densities may range from 16 to
20 units per acre. Dwelling types may range from single family units to apartment
complexes, and may include manufactured home parks when located adjacent to major
arterial streets. Adequate on-site open space areas should be provided for all multi-
family developments. Densities exceeding 20 units per acre and special development
standards may be authorized for senior housing projects, within the Downtown area and
within 1/4 mile of regional transit service.
Compatible Uses: Compatible uses are similar to those identified under the other
residential categories, except higher intensities of use may be appropriate. Public uses
and open spaces which tend to visually relieve the high density character of these areas
should be encouraged.
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Policy/Text Amendments
Date: December 11, 2012
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Criteria for Designation: In addition to areas already developed to this density, this
designation should be applied only to areas which have or may be most efficiently
served with high capacity and high quality public services and facilities. Of particular
concern is the provision of adequate traffic circulation, and this category shall only be
applied to areas with developed arterial access. Other siting concerns may include
access to commercial services and open space amenities. This category may also be
applied to areas which are threatened with deterioration and multiple family dwellings
offer the potential for rehabilitation.
Considerations Against Applying this Designation: Areas not appropriate for this
zone include areas surrounded, without physical separation, by lower intensity uses.
Appropriate Implementation: This designation can be implemented by the following
zones:
1) R-16: Permits 16 units per net acre. The zoning allows for a variety of housing
types include single family, duplexes, and multiple-family dwellings and mixed-use
development.
2) R-20: Permits 20 units per net acre and multiple-family residential and mixed-use
development. Residential supporting uses and some professional offices are permitted
as conditional uses.
3) R-MHC: Manufactured/Mobile Home Community permits the development of
manufactured home parks on property that is at least 5 acres in size. The base density
is 10 dwelling units per net acre.” (Emphasis added)
The vicinity is characterized by suburban development. The property is adjacent to other
properties to the north and east already developed with multiple-family residential.
However, the properties bordering to the west, as well as others in the vicinity, are
developed with single family residences. To the south, the property has 164 feet of frontage
and access to SE 310th ST. The change is not consistent with this stated description of the
High Density Residential designation, since the property is not currently developed as “High
Density Residential” and has not been “reserved for multiple family dwellings”.
The site and adjacent contiguous parcels are not at a location that is currently “… efficiently
served with high capacity and high quality public services and facilities”. The street
bordering the property does not contain the full amount of right-of-way and is not fully
developed. The street is classified as a “Local Residential Street” which typically requires
28 feet of pavement within a 50-foot right-of-way. The right-of-way bordering this site is
currently 30 feet and additional dedication and road improvements would be required from
this property at time of development. Additional right-of-way dedication is also need from
other off-site properties located to the west and to the east to complete the full width of right-
of-way to city standards. The roadway is fully improved to the east and only partially or
minimally improved to the west. Additional roadway improvements are needed in the future
off-site to the west. The site is not adjacent to a developed arterial as stated is a criteria for
the “High Density Residential” designation. The closest arterial is 124th ST SE (north-south)
which is approx. 525 feet to the east. The site is not currently efficiently served with high
capacity and high quality public services and facilities.
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Policy/Text Amendments
Date: December 11, 2012
Page 44 of 50
There is a 12-inch water and sewer lines within the street paralleling the property frontage.
There is a stub of a 12 inch storm line at the SW corner of the site. City utilities appear
sufficient.
The site is about 2.5 blocks from the intersection of SE 312th Street and 124th Street SE.
which is a small node of light commercial zoning on Lea Hill. The developed commercial
provides a very limited range of commercial services. Also, SE 312th St is designated as a
minor arterial in the City’s Comprehensive Transportation Plan and serves as an east-west
arterial between state Routes 18 and 167.
For contrast and comparison, Chapter 14, “Comprehensive Plan Map”, starting at page 14-3
provides the following purpose and description of the current ‘Single Family Residential”
Comprehensive Plan designation:
“Single Family Residential
Purpose: To designate and protect areas for predominantly single family dwellings.
Description: This category includes those areas reserved primarily for single family
dwellings. Implementing regulations should provide for an appropriate range of lot sizes,
clustered and mixed housing types as part of a planned development.
Compatible Uses: Single family residences and uses that serve or support residential
development, such as schools, daycare centers, churches and parks shall be considered
appropriate and may be permitted on a conditional basis. Other public buildings and
semi-public uses may be permitted if designed and laid out in a manner which enhances
rather than detracts from the residential character of the area. In siting such uses,
however, special care shall be given to ensuring adequate parking, landscaping, and
traffic circulation with a minimum of conflict with residential uses. Uses which generate
significant traffic (such as large churches) should only locate on developed arterials in
areas zoned for institutional uses.
Intrusion of industrial uses into any of these single family areas shall be prohibited. Only
very limited commercial uses such as home occupations or strictly limited appropriate
conditional uses can be allowed.
Planned developments should be favorably considered in these designations in order to
allow optimal flexibility. In providing such flexibility, the emphasis should be on small
alley-loaded lot single family development, limited low density multifamily housing and a
mixture of types, and design diversity should be sought. Except where conditional use
permits have been previously granted, alternate structure types should not exceed more
than 40 percent of the units, and alternative structures should in most cases contain no
more than four dwelling units each. However, where substantial offsetting community
benefits can be identified, such alternative structures may be allowed to contain more
than three units each.
Criteria for Designation: Areas suitable for this designation include those areas
designated in goals and policies of this Plan as single family areas. Consistent with
those policies, areas within the Community Serving Area of the City suitable for this
category should be reserved for these uses. This designation should also be applied to
areas adjacent to lower density residential plan designations.
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2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 45 of 50
Considerations Against Applying this Designation: This designation would not be
generally appropriate (although exceptions may exist) in the following areas:
1. Areas with high volumes of through traffic.
2. Areas developed in or more appropriate under the Plan policies for
another use.
3. Areas within the Region Serving Area of the City.
Appropriate Implementation: Three zones may be used to implement this category:
1) R-1: Permits one dwelling unit per net acre. This zone is primarily applied to
areas designated as urban separators under the King County Countywide Planning
Policies where rezones from existing densities (typically one unit per acre) are not
allowed for a 20 year period and/or to areas with significant environmental constraints. It
may also be applied in limited instances to areas where greater densities are limited by
environmental constraints.
2) R-5: Permits 4-5 dwelling units per net acre. This zone is intended to create a
living environment of optimum standards for single family dwellings. Duplexes are
conditionally permitted subject to meeting infill residential design standards. It is
intended to be applied to the relatively undeveloped portions of the City, areas where
existing development patterns are consistent with the density and upland areas where
greater densities would strain the transportation system.
3) R-7: Permits 5-7 dwelling units per net acre. This zone provides for relatively
small lot sizes. It may be applied to the older neighborhoods of the City and reflects the
typically smaller lot sizes found there. Application of this zone should be considered for
areas considered appropriate for a mix of housing types, particularly in some of the
Special Planning Areas as discussed below.” (Emphasis added)
The property is currently developed with one house on approx. 1.88 acres and bordered on
two sides (north and east) by properties that are already developed with multiple-family
residential. The bordering properties developed as multiple-family were either completed or
the development was authorized while located in King County prior to annexation to the City
of Auburn.
The intent of the “Single Family Residential” comprehensive plan designation is provide
areas devoted primarily to single family residences and to protect these areas from
incompatible uses. The site is located within the “Community Serving” area described in
Chapter 3, “Land Use” and shown on Map # 3.2 “Urban Form”. The description of this
designation suggests community serving areas are appropriate primarily for reservation as
“Single Family Residential”. The “Single Family Residential” is implemented by the R1, R5,
and R7 zoning districts. The current zoning of this site is R5, Residential, 5 dwelling units
per acre, which would allow redevelopment of up to approximately 13 detached dwelling
units; each on their own individual lot.
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Policy/Text Amendments
Date: December 11, 2012
Page 46 of 50
In Chapter 3, “Land Use”, the Comprehensive Plan document provides guidance which
promotes single family residential development in order to meet community and growth
management goals. Starting at page 13-12 under the Section: “Residential Development”
the plan emphasizes single family residential over other forms of residential development.
The following excerpt explains this guidance.
“Within most communities, a range of housing densities is allowed to provide a variety of
housing opportunities. The wider the range, the greater the opportunity for individuals to
find housing relative to their particular needs, affordability and preference.
While the City's policy provides for a relatively wide range of residential densities,
development over the past decade has been heavily concentrated toward the middle
and upper levels of the range (See discussion in Chapter 4, Housing Element).
As land costs have escalated in the region, however, Auburn has remained relatively
affordable to the average family.
This Plan provides that the City should seek to restore the traditional character of the
community by encouraging preservation and development of housing that is suitable to
the retention and attraction of families within the community. This would be best
accomplished by focusing multi-family development in the urban center, protecting the
residential character of existing single family neighborhoods and promoting the
development of new neighborhoods of single family homes. Consequently, residential
land use policies will emphasize the creation and preservation of single family
neighborhoods, while still encouraging the development of other housing types for those
who need or want them.” (Emphasis added)
The requested change is in opposition to the promoting single family neighborhoods since it
increases area designated for multiple-family and decreases area for single-family
residential development. The change is also contrary to the Plan’s intent to protect existing
single family neighborhoods and promote development of new single family neighborhoods.
Also, in Chapter 3, “Land Use”, the Comprehensive Plan document provides specific goals,
objectives, and policies that relate to the requested change.
“Goal 7 – Residential Development
To emphasize housing development at single family densities, in order to reestablish a
mix of housing types appropriate for a family oriented community, while recognizing the
need and desire for both lower density and higher density housing appropriately located
to meet the housing needs of all members of the community.
Objective 7.2. To designate land for the development of new single family homes.
LU-19 In applying the land use designations of the Comprehensive Plan, first
consideration shall be given to designating an area for single family residential
use.
LU-20 Most of the undeveloped areas of the Community Serving Area of the city
(see Map 3.2) shall be reserved for single family dwellings. The ability to buffer
ORD.B Page 127 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 47 of 50
the area from incompatible land uses and heavily traveled arterials or highways
should be considered in designating currently undeveloped areas for future
single family use. Such buffering can be accomplished by taking advantage of
topographic variations and other natural features, requiring expanded setbacks
along arterials, by orienting lots and houses away from arterials, by designating
moderate density multiple family areas as transitional areas, and by other means.
Objective 7.3. To promote the development of quality single family neighborhoods which
relate the design and types of residential areas to important natural and manmade
features.
LU-24 The development of residential areas should recognize the importance of
community and public facilities in developing a sense of neighborhood and
community.
Objective 7.5. To meet the need for multiple family dwellings while avoiding conflict with
single family residential areas.
LU-34 Multiple-family developments should be located functionally convenient to
the necessary supporting facilities including utilities, arterials, parks, transit
service, etc.
LU-36 Multiple family dwellings shall not be permitted as a matter of right in
single family residential districts, but should be permitted only where necessary
to remove potential blight, to buffer single family uses from incompatible uses or
activities, or to allow effective use of vacant areas. Standards for such siting
should provide for design review to ensure compatibility and provide that the
density of development is consistent with the density of the adjoining single
family uses.
LU-38 Higher density developments or larger scale multiple family developments
should be limited to residential areas where they can be developed as a unit with
the necessary supporting facilities. Such development shall provide adequate
access by developed arterials with minimal potential to generate traffic through
single family areas. Extensive buffering measures shall be required where such
areas adjoin single family residential areas. Care should be exercised to avoid
creating barriers to pedestrian and bicycle movement. Where feasible, new
multiple family development should be planned in conjunction with single family
and moderate density development.” (Emphasis added)
The residential land use policies of the Comprehensive Plan emphasize the establishment
and preservation of single family neighborhoods. The Plan prioritizes single family
residential land uses. The proposed change to “High Density Residential” is not consistent
with the Goal 7 and its objectives and policies of the Plan. The change does not prioritize
single family uses. Instead, the change would result in a sharp contrast in density (from 5 to
20 units per acre) adjacent to one another that would promote incompatibilities, for example,
a 35-foot maximum building height is allowed in the R5 zone while a 50-foot building height
is allowed in the R20 zone. Also, the requested change does not allow for any buffering or
transition in land use as promoted by the Plan.
ORD.B Page 128 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 48 of 50
Also, within Chapter 14, “Comprehensive Plan Map”, at page 14-26, this geographic area of
the City, the Lea Hill Area, is specifically recognized as a “Problem Area related to its
Existing Land Uses”. The following Plan excerpt explains the problem related to existing
uses.
“Lea Hill Area
Area: Area annexed on January 1, 2008.
Problem: The City has been concerned for years that the rapid growth taking
place within the Lea Hill PAA will overwhelm city streets. Through annexation the
City can better manage the amount and type of growth in this area and help
ensure that appropriate infrastructure to support development is provided
concurrent with that development.
The Auburn City Council envisions retaining the predominantly single-family
character of the Lea Hill area rather than allow the trend of rapidly developing
multi-family projects to continue. The City's codes will help ensure that the
neighborhood character, traffic and environmentally sensitive features are
protected and/or managed.” (Emphasis added)
Prior to annexation, the Lea Hill Area was characterized by rapid change from a more rural
type character to a suburban character. The goal of the City Council and the resident’s
support for the City’s successful annexation vote for incorporation at the time was the
focused on controlling the rapid growth of multiple family development. As a result, the
“problem” identified within the Plan is to address the ability to ensure that infrastructure
needed to support development is provided concurrently with the development, especially
transportation infrastructure as rural roads were increasingly carrying traffic loads. The Plan
also recognizes the “problem” of potential land use conflicts resulting from multiple family
development bordering single family development. Another “problem” is ensuring that the
existing single family neighborhood character is maintained. The requested change to “High
Density Residential” is not consistent with the Plan’s guidance of retaining the predominantly
single-family character of the Lea Hill area.
The goal of the mapped pattern of the parcels with the High Density Residential designation
within Lea Hill was based on existing or authorized development at the time of annexation in
2008.
17. The second decision criterion is that the comprehensive plan amendment must not
diminish or increase the ability to provide adequate services. The proposed application
for a change in comprehensive plan designation and zoning has been reviewed by Fire
Agency and Utilities and Traffic divisions of the City. Based in these reviews, the change
would not adversely affect the provision of services.
A further explanation of the request’s relation to the transportation system is provided since
the Plan calls out circulation as a primary concern. The proposal is a non-project action; the
applicant indicates there is no plan for construction or development of the property in the
near future. The property has 164 feet of frontage onto SE 310th St. Per the City of Auburn
Design Standards, based on Institute of Traffic Engineers (ITE) (manual) the potential
theoretical maximum of 37 dwelling units of multiple-family residential that could be
developed would generate 0.62 trips per unit for a total of 23 PM peak trips. Per City Public
Works Design Standards, the City may require a traffic study if there is a likelihood that a
ORD.B Page 129 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 49 of 50
site will general more than 30 PM peak hour trips. This threshold is typically used for
evaluating comprehensive plan and zoning designation changes. The triggers for the
preparation of traffic analysis are not met.
SE 310th Street is currently barricaded to the west and traffic from the area enters the
arterial road system via the intersection of SE 310th Street a local residential street and
124th Ave SE a minor arterial road. This intersection is a stop controlled (unsignalized)
intersection located within the school zone of Lea Hill Elementary School of Auburn School
District # 408. The City does not have Level of Service data for the intersection.
The City’s primary methodology for rating transportation Level of Service is “Corridor Level
of Service” a tool which rates the level of service (LOS) of a section of road comprising a
number of intersections. Per the City Comprehensive Transportation Plan, 124th Ave SE is
currently rated as LOS C for its corridor LOS, meeting the city’s level of service standard of
LOS D. The City also maintains an intersection level of Service Standard. The nearest
arterial/arterial intersection to the proposed development area is the intersection of 124th
Ave SE and SE 312th Street. A recent development study yielded the finding that the
intersection met LOS Standard D in the PM peak hour but failed to meet LOS Standard D in
the AM peak hour (operating at LOS E). However, with the implementation of City of
Auburn Transportation Improvement Project # 41 which is currently planned to add lanes to
the intersection and which is scheduled to be completed in 2016, the intersection LOS
operation will be improved to LOS C meeting standards.
The proposed change by itself if approved, will not affect the ability to provide adequate
services. As typical with development in the city, the infrastructure improvements needed to
support the development would be the responsibility of the future development. At the time
of development, adequate services would be required to be provided concurrent with the
development in order for the project to be authorized. So, it is not anticipated that approval
of the request negatively affects provision of services.
18. The third decision criterion is that the assumptions on which the comprehensive plan
is based are found to be invalid. The policies of the Comprehensive Plan are not invalid.
The City continues to promote single family development, to seek to ensure that
infrastructure is provided concurrent with development and to ensure that the single family
residential character of the Lea Hill area is maintained.
Due to the small amount of wetlands identified on the site, the existence of the wetland itself
doesn’t represent a change in circumstance that negatively affects the assumptions about
the ability to redevelop the site. The impacts to wetlands and the provision of buffers would
be addressed at the time of a project action (a redevelopment proposal). The current
comprehensive plan amendment and rezone is a non-project action.
19. The fourth decision criterion is that there has been a change or lack of change in
conditions or circumstances has occurred since the adoption of the latest
amendment to the comprehensive plan that dictates the need for a proposed
amendment. There is no change or lack of change that generates the need for approval of
the requested map amendment. The City continues to promote single family development,
to seek to ensure that infrastructure is provided concurrent with development, and to ensure
that the single family residential character of the area is maintained and protected.
ORD.B Page 130 of 305
Agenda Subject: CPA12-0001, CPA12-0002, CPA12-0003, & CPA12-0004 -
2012 Comprehensive Plan Amendments - Plan Map Amendments and
Policy/Text Amendments
Date: December 11, 2012
Page 50 of 50
20. The fifth decision criterion is that the change must be determined to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of
the relevant county and “Vision 2040: Growth and Transportation Strategy for the
Puget Sound Region”. The change, if approved or denied would continue to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King
County and “Vision 2040: Growth and Transportation Strategy for the Puget Sound Region”.
The proposal is consistent because it provides land suitable for residential development.
21. The sixth decision criterion, applies only to changes of the mapped land use
designation of a specific property, the applicant must demonstrate one of the
following:
g. The current land use designation was clearly made in error or due to an
oversight;
h. The proposed land use designation is adjacent to property having a similar
or compatible designation, or other conditions are present to ensure
compatibility with surrounding properties;
i. There has been a change in conditions since the current land use
designation came into effect. (Ord. 6172 § 1, 2008.)
City code section 14.22.110, “Decision criteria for plan amendments” indicates the
comprehensive plan was developed and adopted after significant study and public
participation. The principles, goals, objectives and policies contained therein shall be
granted substantial weight when considering a proposed amendment. Therefore, the
burden of proof for justifying a proposed amendment rests with the Applicant, who must
demonstrate that the request complies with and/or relates to the criteria. The Applicant has
not demonstrated that there was an error or oversight to the current designation, that there
are conditions ensuring compatibility of land uses, or that there are change in conditions
since the original designation came into effect. However, the site is adjacent to other
property of the same “High Density Residential” Comprehensive Plan designation.
Staff Recommendation
Planning Commission to recommend denial to the City Council
Planning Commission Recommendation
Planning Commission recommended denial to the City Council
PCDC Recommendation
PCDC concurred with the Planning Commission and recommends denial to the City Council
ORD.B Page 131 of 305
ORDINANCE NO. 6 4 4 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, RELATING TO PLANNING;
ADOPTING COMPREHENSIVE PLAN MAP AND TEXT
AMENDMENTS PURSUANT TO THE PROVISIONS OF
RCW CHAPTER 36.70A
WHEREAS, the City of Auburn, on August 18, 1986, adopted a
Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the
location of the Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995, the City of Auburn adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State
Growth Management Act; and
WHEREAS, the City of Aubum on September 5, 1995, reaffirmed that action
by Ordinance No. 4788; and
WHEREAS, the City of Aubum published in the Seattle Times and Auburn
Reporter an advertisement that the City was accepting comprehensive plan
amendment applications and established a deadline for submittal of June 8, 2012;
and
WHEREAS, the City of Auburn received three privately-initiated amendment
map amendments (File Nos. CPA12-0002, CPA12-0003 & CPA12-004); and
WHEREAS, the City of Auburn initiated two map amendments and seven text
amendments (File No. CPA12-0001); and
Ordinance No. 6440
December4, 2012
Page 1
ORD.B Page 132 of 305
WHEREAS, Comprehensive Plan map and text amendments were processed
by the Planning and Development Department as proposed Year 2012 amendments
to the City of Aubum Comprehensive Plan; and
WHEREAS, maintaining a current Capital Facilities Plan is required in order to
meet regulations of the Growth Management Act under RCW 36.70A, and
WHEREAS, the environmental impacts of the Year 2012 Comprehensive Pian
amendments were considered in accordance with procedures of the State
Environmental Policy Act; and
WHEREAS, the proposed amendments were transmitted to the Washington
State Department of Commerce, Growth Management Services Division and other
State agencies for the 60-day review period in accordance with RCW 36.70A.106;
and
WHEREAS, after proper notice published in the City's official newspaper at
least ten (10) days prior to the date of hearing, the Auburn Planning Commission on
October 16, 2012, November 7, 2012, and November 20, 2012, conducted public
hearings on the proposed amendments; and
WHEREAS, at the public hearing the Auburn City Planning Commission heard
public testimony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the Auburn City Planning Commission made
recommendations to the Ciry Council on the proposed Year 2012 Comprehensive
Plan map and text amendments; and
Ordinance No. 6440
December 4, 2012
Page 2
ORD.B Page 133 of 305
WHEREAS, on November 26, 2012, the Planning and Community
Development Committee of the Aubum City Council reviewed the Planning
Commission's recommendations; and
WHEREAS, on December 3, 2012, the Public Works Committee of the
Aubum City Council reviewed the Planning Commission's recommendations; and
WHEREAS, on December 3, 2012, the Finance Committee of the Aubum City
Council reviewed the Planning Commission's recommendations; and
WHEREAS, on December 10, 2012, the Planning and Community
Development Committee of the Aubum City Council made a recommendation to the
City Council; and
WHEREAS, on December 17, 2012, the Aubum City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Aubum
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1 The 2012 Comprehensive Plan city-initiated Map Amendments
CPA12-0001) are adopted and approved as set forth in Exhibits "A" and "B" as
attached hereto and incorporated hereiri by reference. The City Clerk shall file
Exhibits "A" and "B" along with this Ordinance and keep them available for public
inspection.
Section 2. The 2012 Comprehensive Plan Text Amendments (CPA12-
0001), including the amendments to the City of Auburn Comprehensive
Ordinance No. 6440
December 4, 2012
Page 3
ORD.B Page 134 of 305
Transportation Plan (Chapters 2, "The Street System" and Chapter 5, "Policies"), and
various amendments to Chapter 14, "Comprehensive Plan Map" of the Auburn
Comprehensive Plan are adopted and approved as set forth in Exhibit "C" attached
hereto and incorporated herein by reference. The City Clerk shall file them along with
this Ordinance and keep them available for public inspection. The full text of the
Capital Facilities Plan of the City and the four school districYs Capital Facilities Plans
are adopted with the Ciry's Comprehensive Plan, copies of which shall be on file with
the Office of the City Clerlc. The City Clerk shall file them along with this Ordinance
and keep them available for public inspection. Council adopts both the Planning
Commission's recommendations, dated October 16, 2012, as amended by the Public
Works on December 3, 2012, the Planning Commission's recommendations, dated
November 7, 2012, and the findings and conclusions outlined in the December 4,
2012, staff report, attached as Exhibit "D"
Section 3. Application CPA12-0002, River Mobile Home Park and HCA
Management Comprehensive Plan Map Amendment, requesting a land use
designation change from "Public and Quasi-Public° to "Moderate Density Residential"
for a portion of the property identified by parcel number 0004000098 is approved as
set forth in Exhibit "E" attached hereto and incorporated herein by reference. Council
adopts both the Planning Commission's November 7, 2012 recommendations, and
the findings and conclusions outlined in the December 4, 2012, staff report, both
attached as Exhibit "D"
Ordinance No. 6440
December 4, 2012
Page 4
ORD.B Page 135 of 305
Section 4. Application CPA12-0003, William and Amy Locke Property
Comprehensive Plan Map Amendment, requesting a land use designation change
from "Single Family Residential" to "High Density Residential" for a property ideMified
by parcel number 0921059132 is denied as set forth in Exhibit "F" attached hereto
and incorporated herein by reference. Council adopts the Planning Commission's
November 20, 2012 recommendation and the findings and conclusions outlined in
the December 4, 2012, staff report, both attached as Exhibit "D" No change in the
Comprehensive Plan results from this request.
Section 5. Application CPA12-0004, Aubum School District No. 408
Comprehensive Plan Map Amendment, requesting a land use designation change
from "Office Residential" to "Public and Quasi-Public" for two properties identified by
parcel numbers: 6858700005 and 6858700015 and requesting a land use
designation change from "High Density Residential" to "Public and Quasi-Public" for
twelve properties identified by parcel numbers: 4184400145, 4184400150,
4184400155, 4184400160, 4184400170, 4184400180, 4184400185, 4184400195,
4184400200, 4184400205, 4184400215, and 4184400220 is approved as set forth
in Exhibit "G" attached hereto and incorporated herein by reference. Council adopts
the Planning Commission's November 7, 2012, recommendations and the findings
and conclusions outlined in the December 4, 2012, staff report, both attached as
Exhibit "D"
Ordinance No. 6440
December 4, 2012
Page 5
ORD.B Page 136 of 305
Section 6. The 2012 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986, by Resolution No. 1703 and
adopted by Ordinance No. 4788 on September 5, 1995.
Section 7. The adopted Comprehensive Pian as amended is designated as a
basis for the exercise of substantive authority under the Washington State
Environmental Policy Act by the City's responsible environmental official in
accordancewith RCW 43.21C.060.
Section 8. If any section, subsection, serrtence, clause, phrase or portion of
this Ordinance or any of the Comprehensive Plan amendments adopted herein, is for
any reason held invalid or unconstitutional by any Court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions thereof
Section 9. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to
include incorporating into one document the adopted Comprehensive Plan map and
text amendments, attached hereto as Exhibit "A", Exhibit "B", Exhibit "C°, Exhibit "D"
Exhibit "E", and Exhibit "G" preparing and publishing the amended Comprehensive
Plan.
INTRODUCED:
PASSED•
APPROVED•
Ordinance No. 6440
December 4, 2012
Page 6
IORD.B Page 137 of 305
Peter B. Lewis
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APPR VED AS TO FORM:
niel B. He ,
City Attomey
Published:
Ordinance No. 6440
December 4, 2012
Page 7
ORD.B Page 138 of 305
Exhibit A
Co/ored Map No 6. 1, "Electrical Service Facilities" with updated
references and information
P/ease see "Comp. Plan MaA Amendments"tab in the working binder)
Ordinance No. 6440
December 4, 2012
Page 8
ORD.B Page 139 of 305
Exhibit B
New Colored Map No 14 3, "Economic Development Strategy
Areas" with references and information.
P/ease see "Comp. Plan Map Amendments" tab in the working binder)
Ordinance No. 6440
December 4, 2012
Page 9
ORD.B Page 140 of 305
Exhibit C
The Aubum, Dieringer, Federal Way and Kent School District
Capital Facilities Plans,
City of Aubum Capita/ Facilities Plan,
Amendments to the City of Aubum Comprehensive
Transportation P/an,
Chapters 2, "The Street System" and
Chapter 5, "Policies"
and various amendments to the Aubum Comprehensive Plan
including:
Chapter 14, nComprehensive Plan Map"
See °Comp. Plan Polic lText Amendments"tab in the working binder)
Ordinance No. B440
December 4, 2012
Page 10
ORD.B Page 141 of 305
Exhibit D
Agenda bill/staff report dated December 4, 2012,
Ordinance No. 6440
December 4, 2012
Page 11
ORD.B Page 142 of 305
Exhibit E
Colored map which is a detail of Map No 14 1, "Comprehensive
P/an'; showing the change from °Public and Quasi-Public" to
Moderate Density Residential" for property identified by parcel
number 0004000098 for River Mobile Home Park (HCA
Management)
P/ease see "Comp. Plan Map Amendments"tab in the working binder)
Ordinance No. 6440
December 4, 2012
Page 12
ORD.B Page 143 of 305
Exhibit F
Colored map which is a detail of Map No 14. 1, "Comprehensive
Plan'; showing a change from "Single Family Residential" to
Migh Density Residential" for property identified by parcel
number 0921059132 for lliam and Amy Locke
Piease see "Comp. Plan Map Amendments" tab in the working binder)
Ordinance No. 6440
December 4, 2012
Page 13
ORD.B Page 144 of 305
Exhibit G
Colored map which is a detail of Map No 14. 1, "Comprehensive
Flan'; showing the change from °ce Residential" to Public
and Quasi-Public"for properties identified by the following two
parcel numbers. 6858700005 and 6858700015 and a change
from pHigh Density Residential" to Public and Quasi-Publicn for
propeities identified by the following twelve par el numbers:
4184400145, 4184400150, 4184400155, 4184400160,
4184400170, 4184400180, 4184400185, 4184400195,
4184400200, 4184400205, 4184400215, and 4184400220 for
the Aubum School District No. 408.
Please see "Comp. Plan Map Amendments"tab in the working binder)
Ordinance No. 6440
December 4, 2012
Page 14
ORD.B Page 145 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6442
Date:
December 12, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6442
Staff Report to Planning Commission
Exhibit 3 DNS
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6442.
Background Summary:
See attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal, Planning
Commission
Councilmember:Backus Staff:Snyder
Meeting Date:December 17, 2012 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 146 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6442 Date: December 11, 2012
Department: Planning and
Development
Attachments: Ordinance No. 6442, staff
report to Planning Commission (includes
SEPA DNS)
Budget Impact: N/A
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6442
Background Summary:
The proposed amendments (Phase 2, Group 2 – Hearing Examiner Chapter) will affect the current city
code as follows:
• Relocates the Hearing Examiner Chapter out of Title 18 – Zoning and into Title 2 – Administration and
Personnel.
• Amends the Hearing Examiner Chapter by clarifying the powers of the hearing examiner and what
applications and appeals he or she is responsible for. A burden of proof section is also being added.
• Amends the timelines in which decisions by the hearing examiner are given.
• Changes all Hearing Examiner references in the code from Chapter 18.66 ACC to Chapter 2.46 ACC
On October 2, 2012 the Planning Commission held a public hearing on the proposed code amendments.
At the close of the public hearing the Planning Commission made a recommendation to the City Council
for adoption of the proposed code amendments as recommended by staff. Since the public hearing, the
code amendments have been reviewed by the Planning and Community Development Committee and
Public Works Committee. Both Committees were satisfied with the amendments proposed and
recommend approval to the 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: December 17, 2012 Item Number:
ORD.C Page 147 of 305
ORDINANCE NO. 6 4 4 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
3.60.036, 3.94 090, 3.94 100, 3.94 120, 10.02.120,
12.24.090, 12.64A.060, 13.32A.130, 13.41.070, 15.76.040,
16.06.330, 16.08.080, 16.10.150, 16.10160, 16.10.170,
17.06.030, 1710.050, 17.20.030, 17.22.030, 18.46A.040,
18.49.090, 18.62.030, 18.62.080, 18.64 020, 18.64 055,
18.68.030, 18.70.050, 18.70.060, 18.76.130 AND 19.06.080
OF THE AUBURN CITY CODE, AND AMENDING AND
RELOCATING CHAPTER 18.64 TO A NEW CHAPTER,
2.46 TO THE AUBURN CITY CODE, ALL RELATING TO
THE OFFICE OF THE HEARING EXAMINER
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 proposed zoning code amendments recodifies Chapter 18.66 —
Hearing Examiner, moving it from Title 18 —Zoning and into Title 2 —Administrative and
Personnel. It also amends the Chapter in several places to clarify the powers of the
hearing examiner, what he or she is responsible for as well as amending the timelines in
which written decisions by the hearing examiner are given., and
WHEREAS, following proper notice, the City of Auburn Planning Commission
held a public hearing on November 7, 2012, on the proposed code amendments
regarding the Hearing Examiner; and
WHEREAS, after fully considering the testimony and information presented at the
public hearing, on November 7, 2012, the Planning Commission made its
recommendations for code amendments to the Ciry of Aubum Ciry Council; and
Ordinance No. 6442
November 29, 2012
Page 1 of 30
ORD.C Page 148 of 305
WHEREAS, the City Council has reviewed and considered the Planning
Commission recommendations; and
WHEREAS, environmerrtal 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-sign cance (DNS) issued July 16, 2012; and
WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code
amendments were sent to the Washington State Department of Commerce, Growrth
Management Services, and other state agencies as required for the 60-day state
review; 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 City Council finds that the proposed amendments improve the
readability and use of the City Code and improves the City's development review
process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That Section 3.60.036 of the Aubum
City Code be and the same amended to read as follows:
3.60.036 Constructlon sales tax exemption.
A. 1 The following purchasers in the eligible target business class who have paid the tax
imposed by this chapter on construction materials, fixed equipment, or machinery installation, or
ori sales of or charges made for labor and services rendered in respect to such construction or
installation of such machinery or equipment, are eligible for an exemption as provided for in this
section: for property zoned downtown urban cerrter (DUC), G3 (heavy commercial district), and
C-4 (mixed-use commercial), purchases directly related to the construction of new commercial
buildings or redevelopment of existing vacant buildings 25,000 square feet or greater or
Ordinance No. 6442
November 29, 2012
Page 2 of 30
ORD.C Page 149 of 305
expansion of existing commercial buildings that creates new or expanded building floor area
that generates sales tax revenue.
2. For property zoned downtown urban ceMer (DUC), purchases directly related to the
construction of new commercial buildings less than 25,000 square feet, or redevelopment of
existing buildings less than 25,000 square feet, where the cost of the improvement is at least 25
percent of the currerrt assessed vaiue of the improvements on the property pursuant to the
assessment records of ICing or Pierce County, as applicable.
3. For property zoned M-1 (light indusfial district), M-2 (heavy industrial district) and EP
environmental park district), purchases directly related to the construction of new cammercial
buildings, redevelopment of existing buildings that result in a change of occupancy from
warehouse use to manufacturing use, or redevelopment of existing buildings where the cast of
the improvement is at least 25 percent of the curreM assessed value of the improvements on
the property pursuarit to the assessment records of King or Pierce County, as applicable.
B. Beginning on the effective date of the ordinance cod ed in this sedion through a date
four years after the effedive date, a purchaser is eligible for an exemption specified under this
sedion from the local sales and use tax paid under this chapter, as authorized under RCW
82.14.030(2), up to a maximum of 20 percent of taxes imposed and paid to the city of Aubum
not to exceed $100,000. The purchaser is eligible for an exemption under this section in the
form of a refund.
C. For purposes of this section, the following definitions apply
1 "Change of occupancy" means a change of the purpose for which a building is used
or intended to be used. The tertn shall also include the building or portion thereof in which such
change of occupancy is made. Change of occupancy is not intended to include change of
teriant§ o proprietors.
2. "Commercial building" means a structure that has, as its primary purpose, a
commercial use as that tertn is defined in ACC 18.04.240.
3. "Expansion" means to add to the floor area of a building.
4. "Purchaser" means a person or entity that is the recipient of a good or service.
D. Eligible Target Business Classes.
1 The construction sales tax exemption specfied in subsection (A)(1) of this section
shall only apply to those businesses engaged in normal business activities under the following
class cations of businesses occurring within the spec ed zoning designations:
a. General Merchandise, Warehouse Club, SuperCenter— Sales Tax Classification
Code 45291,
b. Building Materials and Garden Home Center — Sales Tax Ciassification Code
44411,
c. Electronics and Appliances—Sales Tax Classification Code 44311,
d. Full Service Restaurants—Sales Tax Class cation Code 722110;
e. New and Used Automobile and Light Utility Truck Dealers — Sales Tax
Classification Code 44110;
f. Bowling Centers—Sales Tax Classification Code 713950;
g. Motion Pidure Theaters (excluding drive-in theaters) — Sales Tax Classification
Code 512131, and
h. Hotels—Sales Tax Classification Code 72110.
2. The construction sales tax exemptions specified in subsections (A)(2) and (3) of this
section shall apply to all businesses located in the DUC, EP, M-1, and M-2 zoning distriots as
set forth in those subsections.
E. Application for Refund.
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November 29, 2012
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1 A purchaser claiming an exemption and applying for a refund under this section must
pay the tax imposed by ACC 3.60.020. The purchaser may then apply to the city for a refund in
a fortn and manner prescribed by the city and shall submft infortnation that the city deems
adequate to justify the exemption, induding but not limited to:
a. Identification of the vendoNcontrador
b. North American Industry Classification System (NAICS) code under which the tax
was reported;
c. Name and Un'fiied Business Identifier (UBI) number of the vendor/contrador on
the Combined Excise Tax Retum filed with the state of Washington; and
d. Detailed infortnation supporting the amounts reported under the State Use and
Sales Tax sedion of the above report for Location Codes 1702 and 2724.
2. A purchaser may not apply for a refund under this section more frequently than once
per quarter The purchaser must specify the amount of exempted tax Gaimed and the qualifying
purchases for which the exemption is claimed. The purchaser must retain all records provided to
the city in making its claim.
3. The cit r shall detertnine eligibility under this section based on the ir fortnation
provided by the purchaser, which is subject to audit verification by the city If the city verifies
eligibility, it shall remit eligible taxes paid to the purchaser
F Appeals. Any applicant aggrieved by an action of the city concerning eligibility or
computation of remittance under this sedion may file a written appeal to the city's hearing
examiner in accordance with Chapter 2.46 fi ACC within 14 calendar days of receipt of the
city's decision. The hearing examiner is specifically authorized to hear and decide such appeals
and the decision of the hearing examiner shall be the final action of the cky (Ord. 6376 § 2,
2011 )
Section 2. Amendment to Citv Code. That Section 3.94.090 of the Aubum
City Code be and the same amended to read as follows:
3.94.090 Extension of conditional cerUfloate—Required findings—Denial—Appeal.
A. The conditional certficate may be extended by the director for a period not to exceed 24
consecutive months. The owner shall submit a uvritten request stating the grounds for the
extension together with a fee of$500.00 for the city's administrative cost to process the request.
The director may grant an extension 'rf the director finds that:
1 The anticipated failure to complete construction within the required time period is due
to circumstances beyond the control of the owner, and
2. The owner has been acting, and could reasonably be expected to coMinue to ad, in
good faith and with due diligence; and
3. All the conditions of the original contract between the owner and the city will be
satisfied upon completion of the project.
B. If an extension is denied, the director shall state in writing the reason for denial and shail
send notice to the owner's last known address within 10 working days of the denial. An owner
may appeal the denial of an extension to the hearing examiner by filing a notice of appeal with
the city clerk within 14 caiendar days after issuance of the notice of the denial. The appeal
before the hearing examiner shail follow the provisions of Chapter 2.46 6 ACC. The hearing
examiner's decision shall be the final decision of the city and is not subject to further appeal.
Ord. 5779 § 1, 2003.)
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November 29, 2012
Page 4 of 30
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Section 3. Amendment to Citv Code. That Section 3.94 100 of the Aubum
City Code be and the same amended to read as follows:
3.94.100 Final certificate—Appllcation—Issuance—Denial—Appeal.
A. Upon completion of the construction as provided in the contrad between the owner and
the city, and upon issuance of a temporary certificate of occupancy, or a permanent certificate
of occupancy if no temporary cert cate is issued, the owner may request a final cert cate of tax
exemption. The owner shall file with the diredor such information as the diredor may deem
necessary or useful to evaluate eligibility far the final certificate, which shall at a minimum
include:
1 An audRed statemeM of expenditures made with respect to each mukffamily housing
unit and.the total expenditures made with respect to the eMire property, including total project
costs, which statemerrt shall be approved by the city of Aubum finance director
2. A description of the completed work and a statement of qualification for the
exertiption.
3. A statement that the work was completed within the required three-year period or
any app oved extension; and
B. At the time of application for final certificate under this section the owner shall pay to the
city a fee of$50.00 to cover the city's administrative costs.
C. Within 30 calendar days of receipt of all materials required for a final cert cate, the
diredor shall determine whether the completed work is consistent with the contra ct between the
city and owner, whether alI or a portion of the completed work is qualified for exemption under
this chapter and, if so, which specific improvements satisfy the requirements of this chapter
D. If the director determines that the project has been completed in accordance Hrith the
coMract between the owner and the aty and the requirements of this chapter, the city shall file a
fnal certificate of tax exemption with the assessor within 10 calendar days of the expiration of
tlie 30-calendar-day period provided under subsection C of this section.
E. The director is authorized to cause to be recorded or to require the owner or owners to
record in the real property records of the appropriate office of the county in which the property is
located, the contrad with the city required under ACC 3.94.050, or such other document(s) as
w'ill identify such terms and conditions of eligibility for exemption under this chapter as the
director deems appropriate for recording.
F The director shall notify the owner in writing that the city will not file a final certificate if
the diredor detertnines that the project was not completed within the required three-year period
or any approved extension, or was not completed in accordance with the contrad between the
owner and the city and the requirements of this chapter, or the owner's property is othervvise not
qual ed for the limited exemption under this chapter
G. The owner may appeal the director's decision to the hearing examiner by filing a notice
of appeal with the city clerk within 14 calendar days after the issuance of the notice of the
denial. The appeal before the hearing examiner shall fallow the provisions for appeal contained
in Chapter 2.46 f ACC. The owner may appeai the hearing examiner's decision to the King
County superior court according to the procedures contained in RCW 94.05.51D through
34.05.598, as provided in RCW 84.14.090(6), within 30 days of not cation by the city to the
owner of the decision. (Ord. 5779 § 1, 2003.)
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November 29, 2012
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Section 4. Amendment to Citv Code. That Section 3.94 120 of the Auburn
City Code be and the same amended to read as follows:
3.94.120 Cancellation of tax exemption-Appeal.
A. if at any time the director determines that the property no longer complies with the terms
of the contract or with the requirements of this chapter, or the use of the property for any reason
no longer qualifies foc the tax exemption, the tax exemption shall be cancelled and additional
taxes, interest and penalties imposed pursuant to state law.
B. If the owner intends to convert the multifamily housing to another use the owner must
notify the director and the King County assessor within 60 days of the change in use. Upon such
change in use, the tax exemption shall be cancelled and additional taxes, interest and penalties
imposed pursuant to state law.
C. Upon determining that a tax exemption shall be cancelled, the director shail noGfy the
property owner by certified mail, retum receipt requested. The property owner may appeal the
cletertnination by filing a notice of appeal with the city Gerk within 30 calendar days after
issuance of the decision by the director, specifying the factual and legal basis for the appeai'
The appeal before the hearing examiner shall follow the procedures set forth in ACC
2.46 f.1 00 th ough 2.46 Fi6.160. At the appeal hearing, all affected parties may be heard
and a,ll competeM evidence received. The hearing examiner shall affirm, mod'rfy, or repeal the
decision to cancel the exemption based on the evidence received. The hearing exam'iner shall
give substantial weight to the director's decision to cancel the exemption, and the burden of
proof and the burden of overcoming the weigM accorded to the director's decision shall be upon
the appellant. An aggrieved party may appeal the hearing examiner's decision to the King
County superior court in accordance Hrith the procedures in RCW 34.05.510 through 34.05.598,
as provided in RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing
examiner (Ord. 5779 § 1, 2003.)
Section 5. Amendment to Citv Code. That Section 10.02.120 of the
Aubum City Code be and the same amended to read as follows:
10.02.120 Appeals.
A. Employers may file a written appeal of final administrative decisions regarding the
following actions:
1 Rejection of an employer's proposed CTR program.
2. Denial of an employer's request for a waiver or modification of any of the
requirements under this chapter or a modification of the employer's CTR program.
B. Appeais of the public works director's determinations made pursuant to this chapter must
be filed with the city's public works departmerrt within 20 days after the final administrative
decision is issuecl. Appeals shall be heard tiy the city's hearing examiner in accordance with
Chapter 2.46 @: ACC: Determinations on appeals shall be based on whether the decision
being appealed was consistent with applicable state law and the guidelines of the State Task
Force. The hearing e caminer's detertnination shail be fnal unless appealed to the superior court
of the county in which the employers primary officesffacilities are located within the city of
Aubum in accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the
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November 29, 2012
Page 6 of 30
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appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing
examiner (Ord. 6218 § 1, 2010; Ord. 6182 § 1, 2008; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 §
2, 1993.)
Section 6. Amendment to Citv Code. That Section 12.24.090 of the
Aubum City Code be and the same amended to read as follows:
12.24.090 Contest of city engineePs decision.
Any person aggrieved by the granting or denying of a construction permit pursuant to this
chapter shali have the right of review by the public works diredor as follows:
A. All complairrts filed pursuant to this section must be filed in writing uvith the public works
director within 10 working days of the date of the decision being contested;
B. Ail complaints filed pursuaM to this section shall specify the error of law or fact, or new
evidence which could not have been reasonably available at the time of the city engineers
decision, which shall constitute the basis of the complair t;
C. Upon receipt of a timely written notice of complaint, the public works director shall review
the materials submitted and detertnine whether to uphold or mod'rfy the city engineer's decision.
If in the public works director's judgment, the city engineer's decision should be amended in
favor of resolving the complaint, he or she shall so direct the same. If the director upholds the
city engineer's decision, he or she shall prepare a written staff paper detailing the rationale of
the city engineer's decision and findings of fact for conduct of a hearing by the hearing
examiner,
D. The public works director shall schedule the hearing before the hearing examiner in
accordance wRh ACC 1:25.090 and Chapter 2.46 f ACC and notify the contesting party of
the scheduled hearing in accordance with ACC 18.70.040. (Ord. 5677 § 4, 2002; Ord. 5042 § 1
Exh. C), 1998.)
Section 7. Amendment to Citv Code. That Section 12.64A.060 of the
Aubum City Code be and the same amended to read as follows:
12.64A.060 Appeal and enforcement
A. Appeals of determinatioris by the city engineer made pursuant to this chapter shall be
filed with the city's public works director within 20 working days after the final city engineer
decision is issued. The public works diredor shall have 15 working days to review the appeal,
decide whether to uphold of modify the city engineer's decision, and notify the applicant of such
decision.
B. Appeals of decisions of the public works director made pursuant to this chapter shall be
filed with ttie public works department within 20 working days after the date of the notice of the
public works director's decision. Appeals shall be heard by the city's hearing examiner pursuarrt
to Chapter 2.46-C f ACC. Decisions of the hearing examiner shall be based on whether the
decision being appealed was consistent with applicable state law and city codes. The hearing
examiner's detertnination shall be final unless appealed as provided herein.
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November 29, 2012
Page 7 of 30
ORD.C Page 154 of 305
r
C. Appeals of decisions of the hearing examiner under this chapter shall be final un ess
appealed to the superior court of the county in which the proposed public improvements are
located within the city of Auburn, which appeals shall be in accordance with the procedures in
RCW 34.05.510 through 34.05.598; provided, that the notice of appeal of the hearing
examiner's decision shall be filed with the city clerk within 30 days after issuance of the decision
of the hearing examiner
D. When appealing a detertnination under this chapter, at any stage of appeal, the
applicanUappellant must indicate if the appeal pertains to:
1 The determination of the required improvemerrts in the public right-of-way;
2. The determination to require or deriy a deferral of said improvements; and/or
3. The determination to require the paymeM of a fee in lieu for a defercal instead of an
executed and recorded agreemeM.
E. The assoaated buiiding, grading or special pertnit shall not be issued until all appeals
are conGuded. (Ord. 6182 § 2, 2008; Ord. 6083 §2, 2007 )
Section S. Amendment to Citv Code. That Section 13.32A.130 of the
Auburn City Code be and the same amended to read as follows:
13.32A.130 City project process and requirements.
A. City Responsibilities.
1 When service from underground electric and telecommunication utility facilities
becomes available in all or part of a conversion area, the city engineer shall issue a directive to
the owners of all strudures or improvements with service connections to the existing or
temporary overhead utility facilities in the area by means of mailing a certified notice stating that:
a. Service from the underground utility facilities is available;
b. To facilitate completion of the city's project, alI electric and telecommunication
service corinections from the existing aerial utility facilities within the area to any structure or
improvement must be decommissioned, disconnected and removed within 90 calendar days
after the date of mailing;
c. Should such owner fail to complete conversion of such service connections from
the aerial system to the underground system Hrithin 90 calendar days after the date of mailing,
the city will order the electric and telecommunication utilities to disconnect and remove the
service connections;
d. The owner may object to the disconnection and removal of the service lines as
provided in subsection D of this section.
2. Time in consummating such connection and disconnection of aerial services is of the
essenoe and such notice to the property owner or occupant of the affected premises may be
mailed.
B. Property Owner's Responsibilkies.
1 Such conversian of the service connection, inGuding installation of any underground
service connections, shall be completed within 90 calendar days of the city's mailing set foRh in
subsection A of this section and RCW 35.96.050 that service from the underground utility
faalities is available.
2. Property owners wishing to discontinue utility service shall provide written notice of
that irrterrt to the city engineer within 30 calendar days of receipt of the city engineer's notice
that the underground system is available for service.
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November 29, 2012
Page 8 of 30
ORD.C Page 155 of 305
3. If the owner of any structure or improvemeM with a service connection to an existing
aerial electric and/or telecommunication utility facility within a conversion area fails to convert
the service connection from aerial to underground service within 90 calendar days after the date
of the mailing of the notice set forth in subsection A of this section, the city engineer shall order
the eiedric and/or telecommunication utilities to disconnect and remove all such service
connection; provided, that if the owner has filed written objections to such disconnection and
removal with the city clerk within 30 calendar days after the mailing, then the city shall not order
such disconnection and removal until after the appeal hearing on such objections.
C. Financial Responsibilities.
1 For city projects, the cost of relocating existing utility aerial distribution facilities shall
be bome by the serving utility and the city in accordance with the filed tariffs or franchise
agreement. In absence of a filed tariff or franchise agreement, the cost of the relocation of
existing aerial distribution facilities shall be borne by the serving utility
2. For city projects, the undergrounding of the service connections for real property
served by the aeriai electric or teiecommunication utility facilities that are being relocated
underground shall be at 4he owner(s)'s expense, including:
a. Decommission, disconnect, and remove the service connections from those
utility facilities to any structures or improvemerrts located on the property
b. Ekher install underground service cannections to those structuresfimprovements
on the property or, upon approval of the city engineer, discontinue utility service to one or more
of the structuresfimprovements on the property
3. All such conversion of utility facilities to underground facilities may be undertaken by
local improvement distrid or as othervvise permitted by law and as further authorized by RCW
35.96.030 and 35.96.040.
D. Appeal Procedures.
1 A property owner may objed to the disconnection and removal of an aerial service
connection by filing a written objection thereto with the city derk uvithin 30 calendar days after
the date of the mailing of the notice set forth in subsection A of this section. Failure to objed
within such time will constitute a waiver of the owner's right thereafter to object to such
disconnection and removal.
2. Upon the timely filing by the ovmer of an objection, the owner shall have the right to
file an appeal of the city engineer's diredive, which shall be heard by the city of Aubum hearing
examiner
3. All appeals filed pursuant to this section must be filed in writing with the public works
director within 10 working days of the filing date of the owner's written objection and shall
specify the error of law or fad, or new evidence which could not have been reasonably available
at the time of the city engineer's decision, which shall constitute the basis of the complaint.
4 Upon receipt of a timely written appeal, the public works director shall review the
materials submitted and prepare a written staff repoR detailing the rationale of the city
engineer's directive and findings of fact for the hearing examiner
5. The public works director shall schedule the hearing in accordance with Chapter
2.46-f6 ACC and notify the contesting party of the scheduled hearing. (Ord. 6238§ 2, 2009.)
Section 9. Amendment to Citv Code. That Section 13.41.070 of the
Aubum City Code be and the same amended to read as follows:
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November 29, 2012
Page 9 of 30
ORD.C Page 156 of 305
13.41.070 Appeals.
Appeals of the public works director's determinations made pursuant to this chapter shall be
filed with the public works department and shall be heard by the city's hearing examiner
pursuant to Chapter 2.46 6 ACC. Determinations on appeals shall be based on whether the
decision being appealed was consistent with applicable state law and city codes. The hearing
examiner's determination shall be final unless appealed to the superior court of the couMy in
which the property subject to the utility system development charges is located within the city of
Aubum, in accordance with the procedures in RCW 34.05:510 through 34.05.598, and with the
appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing
examiner (Ord. 6391 § 1, 2011, Ord. 6341 § 1, 2011, Ord. 6182 § 3, 2008; Ord. 5801 § 1, 2003;
Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Oi'd, 3510 § 7, 1980.)
Section 10. Amendment to Citv Code. That Section 15.76.040 of the
Aubum City Code be and the same amended to read as follows:
15.76.040 Appeal procedure.
A. Any person aggrieved by a decision of the commission designating or rejecting a
nomination for designatian of a landmark or issuing or denying a cert cate of appropriateness
may, within 35 calendar days of mailing notice of such designation or rejection of nomination, or
of such issuance or de.nial or approval of a cert cate of appropriateness, appeal such decision
in uvriting to the hearing examiner pursuant to Chapter 2.46 6C ACC. The written notice of
appeal shall be filed with the planning director and shall be accompanied by a statement setting
forth.the grounds for the appeal, supporting documents, and argumerrt.
B. If, after examination of the written appeal and the record, the examiner detertnines that:
1 An error in fact may exist in the record, it shall remand the proceeding to the
commission for reconsideration or, if the council determines that:
2. The decision of the commission is based on an error in judgmeM or conclusion, it
may modify or reverse the decision of the commission.
C. The examiner's decision shall be based solely upon the record; provided, that the
examiner may at his or her discretion publicly request additional infortnation of the appellant, the
commission or the planning director
D. The examiner shall take final action on any appeal from a decision of the commission by
entering written findings of fact and conclusions of law from the record and reasons therefrom
which support its adion. The examiner may adopt all or portions of the commission's findings
and conclusions.
E. The decision of the examiner is final unless an appeal is filed pursuant to ACC
18.66.160. An appeal may also be filed by the King County landmarks and heritage commission
to the planning director, who will forward the appeal to the city council.
F The action of the city council sustaining, reversing, modifying or remanding a decision of
the examiner shall be final unless within twenty calendar days from the date of the action an
aggrieved person obtains a writ of certiorari from the superior court of King or Pierce County,
state of Washington, for the purpose of review of the action taken. (Ord. 5212 § 1 (Exh. M),
1999; Ord. 4733 §2, 1995.)
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November 29, 2012
Page 10 of 30
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Section 71. Amendment to Citv Code. That Section 16.06.330 of the
Aubum City Code be and the same amended to read as follows:
16.06.330 Council review- Limitations for appeals.
A. The decision of the hearing examiner on a threshold determination appeal may be
appealed to the superior court in the courrty in which the subject property is located, which
appeal shall be in accordance with the provisions of RCW 43.21C.060 and 43.21C.075. Any
such appeal allawed by RCW 43:21C.060 and 43.21C.075 must be brougM within the time
limits specified in ACC 2.46-66.
B. Such councii review shall be conducted on the record compiled by the hearing examiner,
consistent with other applicable law (Ord. 6186 §2, 2008; Ord. 4840 § 1, 1996.)
Section 12. Amendment to Citv Code. That Section 16.08.080 of the
Aubum City Code be and the same amended to read as follows:
16.08.080 Application-Hearing-Required.
A. The hearing examiner shall hold at least one public hearing on each application for a
shoreline substantial development permit, shoreline conditional use permit, or shoreline
variance on shorelines within the city The public hearing shali be held not less than 30 days
following the final publication of the notice required by ACC 16.08.050.
B. The notice and condud of the public hearing shall be in accordance with Chapter
2.46 ACC. (Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1,
1987; 1957 code § 11.94.050(a).)
Section 73. Amendment to Citv Code. That Section 16.10.150 of the
Aubum City Code be and the same amended to read as follows:
16.70.150 Reasonable use provision.
A. The standards and requiremerrts of these regulations are not irrtended, and shall not be
eonstrued or applied in a manner, to deny all reasonable use of private property. If an applicant
demonstrates to the satisfaction of the hearing examiner that strict application of these
standards would deny all reasonable use of a property, development may be permitted subject
to appropriate conditions.
B. Applications for a reasonable use exqeption shall be processed as a Type III deasion,
pursuant to ACC 14.03.030 and Chapter 2.46 6 ACC.
C. An applicant for relief from strict application of these standards shall demonstrate that all
of the following criteria are met:
1 No reasonable use with less impact on the critical area and its buffer is possible.
There is no feasible and reasonable on-site altemative to the adivities proposed, considering
possible changes in site layout, reductions in density and similar factors, that would allow a
reasonable and economically viable use with fewer adverse impacts;
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November 29, 2012
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2. The proposed activities, as conditioned, will result in the minimum possible impacts
to affeded critical areas;
3. All reasonable mitigation measures have been implemeMed or assured;
4. The inability to derive reasonable use is not the resutt of the applicanYs actions or
that of a previous property owner, such as by segregating or dividing the property and creating
an undevelopable condition; and
5. The appiicant shall demonstrate that the use would not cause a hazard to life, health
orproperty
D. The burden of proof shall be on the applicant to provide evidence in support of the
appiication and to provide sufficient infortnation on which any deasion has to be made.
E. Approval of a reasonable use exception shall not eliminate the need for any other permit
or approval otherwise required for a proposal by applicable city codes.
F Except when application of this title would deny all reasonable use of a site, an applicaM
who seeks an exception from the regulations of the title shall pursue a variance as provided in
ACC 16.10.160. (Ord. 5894 § 1, 2005.)
Section 14. Amendment to Citv Code. That Section 16.10.160 of the
Aubum City Code be and the same amended to read as follows:
16.10.760 Variances.
Applications for variances to the strict appiication of the terms of this chapter to a property
may be submitted to the city Minor variances, defined as up to and inGuding 10 percent of the
requiremerrt; may be granted by the director as a Type II decision as defined by Chapter 14.03
ACC. Variances requests which exceed 10 percent may be granted by the hearing examiner as
a Type III decision, pursuant to ACC 14.03.030 and Chapter 2.46 f ACC. Approval of
variances from the strict application of the critical area requirements shall conform to the
folloviring criteria:
A. There are unique physical conditions peculiar and inherent to the affected property
which makes it diFficuft or infeasible to strictly comply with the provisions of this section;
B. The variance is the minimum necessary to accommodate the building footprint and
access;
C. The proposed variance would preserve the functions and values of the critical area,
andlor the proposal does not create or increase a risk to the public health, safety and general
weffare, or to public or private property;
D. The proposecf variance would not adversely affect surrounding properties adjoining;
E. Adverse impacts to critical areas resuking irom the proposal are minimized; and
F The special circumstances or conditions affecting the property are not a result of the
actions of the applicant ar previous owner (Ord. 5894 § 1, 2005.)
Section 15. Amendment to Citv Code. That Section 16.10.170 of the
Aubum City Code be and the same amended to read as follows:
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November 29, 2012
Page 12 of 30
ORD.C Page 159 of 305
16.10.170 Special excepUon for public agencies and utilities.
A. If the application of this chapter would prohibit a development proposal by a public
agency or public utility, the agency or utility may apply for an exception pursuant to this section.
B. Exception Request and Review Process. An application for a public agency and utility
exception shall be made to the city and shail include a critical area identification form; critical
area report, including mitigation plan, if necessary; and any other related projed documeMs
such as permit applications to other agencies, special studies, and environmental documents
prepared pursuaM to the State Environmental Policy Act (Chapter 4321C RCH1. The director
shall prepare a recommendation to the hearing examiner based on review of the submitted
ir fortnation, a site inspection, and the proposal's ability to comply with public agency and utility
exception review criteria in subsection D of this section.
C. Hearing Examiner Review The hearing examiner shall review the application and
directors recommendation, and conduct a public hearing pursuaM to the provisions of Chapter
2.46 f ACC. The hearing examiner shail approve, approve with conditions, or deny the
request based on the proposal's ability to comply with all of the public agency and utility
exception criteria in subsection D of this section.
D. Public Agency and Utility Review Criteria. The criteria for review and approval of public
agency and utility exceptions follow
1 There is no other practical altemative to the proposed development with less impact
on critiql areas;
2. The appliqtion of this chapter would unreasonably restrid the abiiity to provide utility
services to the public;
3. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal ske;
4. The proposal attempts to protect and mitigate impacts to the critical area functions
and values consistent with other applicable regulations and standards.
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in
support of the appiication and to provide sufficient ir formation on which any decision has to be
rimade on the application. (Ord. 5894§ 1, 2005.)
Section 16. Amendment to Ciri Code. That Section 17.06.030 of the
Aubum City Code be and the same amended to read as follows:
17.06.030 Administrative revlew.
A boundary line adjustment shall be reviewed in accordance with ACC Tdle 14 as a Type I
decision.
A. The planning diredor shall forward copies of the proposed boundary line adjustment
plan to the building official, public works department and fire authority, who shall review the plan
and submit commerrts to the planning director
B. Following receipt of the comments of those consulted under subsection A of this section,
the planning director shall approve or deny the requested boundary line adjustment. Following a
decision, the diredor shall notify the applicarrt to file a final Mylar drawing for signatures. The
Mylar shall be transmitted to the appropriate county office for recording. The boundary line
adjustment must be recorded within 30 days or the boundary line adjustment shall be null and
void. A recorded Mylar copy shall be provided to the city
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C. An aggrieved person may appeal the director's decision on a boundary line adjustmeM,
within 14 days of mailing the director's decision, to the hearing examiner, in accordance with
procedures prescribed in ACC 18.70.050(B) through (E). The hearing examiner's decision shall
be final unless appealed to superior court as prescribed in ACC 2.46.160. (Ord. 6239 § 1,
2009; Ord. 6186 § 14, 2008; Ord. 6061 § 5, 2006; Ord. 6006 § 4, 2006; Ord. 5170 § 1, 1998;
Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17 16.030)
Section 17. Amendment to Citv Code. That Section 17 10.050 of the
Aubum City Code be and the same amended to read as follows:
1710.050 Hearing examiner review of preliminary plats.
A. Pursuant to the provisions of Chapter 2.46 ACC, the hearing examiner shali within
14 calendar days of the ciosure of the public hea ing 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 10.070.
B. Pursuant ta the provisions of ACC 2.46:6.150, the planning director or any interested
party affected by the recommendation of the examiner who asserts that the hearing examiner
based that recommendation on an erroneous procedure, errors of law or fact, error in judgment,
or the discovery of new evidence which could not be reasonably available at the prior hearing
may make a written 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 review of the
record, take further action as the examiner deems proper The examiner may request further
information which shall be provided within 14 calendar days of the examiner's request. The
examiner's written decision on the request for consideration shall be transmitted to all parties of
record wkhin 14 calendar days of receipt of the request for reconsideration or receipt of the
additional information requested, whichever is later (Ord. 6418 § 6, 2012; Ord. 6239 § 1, 2009;
Ord. 6186 §4, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Fortnerly
17.06.050.)
Section 18. Amendment to Citv Code. That Section 17.20.030 of the
Aubum City Code be and the same amended to read as follows:
17.20.030 Public hearing.
The hearing examiner shall conduct a public hearing pursuant to ACC 2.46#.130 on the
application for an akeration and may approve or deny the application for alteration of the
subdivision after determining the pubiic use and interest to be served by the afteration of the
subdivision. (Orii. 6239 § 1, 2009; Ord. 6186 § 17, 2008; Ord. 4296 § 2, 1988. Formerly
17.22.030.)
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Section 79. Amendment to Citv Code. That Section 17.22.030 of the
Aubum City Code be and the same amended to read as follows:
17.22.030 Public hearing.
The hearing examiner shall conduct a public hearing pursuant to ACC 2.46:66.130 on the
applicatian for a vacation and may recommend to the council ta approve or deny the application
for vacation of the subdivision after determining the public use and interest to be served by the
vacation of the subdivision. The council shall adopt by ordinance any appraval_of a vacation
pursuant to this chapter (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Fortnerly 17.20.030.)
Section 20. Amendment to Citv Code. That Section 18.46A.040 of the
Aubum City Code be and the same amended to read as follows:
18.46A.040, Appeals of decisions.
Appeals of administrative decisions issued under the provisions of this chapter shall be
made to the c.ity of Aubum hearing examiner in accordance with the provisions of Chapter
2.46 ACC, as amended. Appeals of the hearing examiner decision may be appealed in
accordance with applicable provisions of Chapter 2.46 f ACC. (Ord. 6268 § 2, 2009.)
Section 21. Amendment to Citv Code. That Section 18.49.090 of the
Aubum City Code be and the same amended to read as follows:
18.49.690 APPeals.
Appeals of administrative decisions regarding eligibility for flexible development shall be
made to the hearing examiner as outlined in Chapters 2.46 and 18.70 ACC. (Ord. 6245 §
19, 2009.)
Section 22. Amendment to Citv Code. That Section 18.62.030 of the
Aubum City Code be and the same amended to read as follows:
18.62.030 Pertnit
Any surtace mining of material shall only be allowed after a surface mining operations permit
has been issued, after a public hearing. A request for a surface mining operations permit shall
be heard by the hearing examiner in accordance with the provisions of Chapter 2.46 ACC.
The hearing examiner's approval of the permit may require mitigating conditions of approval as
well as financial guarantees to ensure compfiance with the permit and the provisions of this
chapter The hearing examiner's determination shall be final unless appealed to the superior
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court in which the subject property is located, and which appeal shall be in axordance with the
procedures in RCW 34.05.510 through 34.05.598, and with the appeal being filed with the city
clerk within 30 days after issuance of the decision of the hearing examiner Detertninations on
appeals shall be based on whether the decision being appealed was consistent with applicable
state law and city codes.
Section 23. Amendment to Citv Code. That Section 18.62.080 of the
Aubum City Code be and the same amended to read as follows:
18.62.080 Years of operation.
A. At the initial approval of an operations permit a master permit will be given for the
lifetime of the mineral resource at the mining site. These mines must be located within the city's
comprehensive plan designated mineral resource areas. Mines located autside the city's
comprehensive plan designated mineral resource areas may be granted a permft for up to 10
years and may be renewed but will be treated as a new application.
B. Operations under a master permit must be reviewed by the planning director at the end
af each subsequent 10 years. The operator of the mine must submit to the planning director, at
least six months prior to the end of each 10-year period, evidence that the mining operation is in
compliance Hrith the cond'Rions of the master permit and the standards contained within this
chapter This evidence shall include the submittal of the existing topography in a computer disk
form that is compatible with the city's system. The operator shall also provide an estimate of the
amount of material that has been removed, an estimate of when mining is to be complete,
identification of any areas where mining has been completed and whether restoration has
begun or is arrticipated to begin.
C. The master pertnit shall remain in effect if it is found the operations are in compliance
with the conditions of the master permit, the standards contained within this chapter, and there
have been no significant adverse impads that have occurred that were not previously identified
and effectively mitigated.
D. If the planning director determines that operations are not in compliance with the
conditions of the master permit or the standards contained within this chapter, or that signficant
adverse impacts have resulted from the operation and have not been mitigated, then the
planning director shall so advise the mining operator in writing within 90 days from receipt of the
materials provided by the mining operator under subsedion B of this section. If the planning
director detertnines that operations are not in compliance with the conditions of the master
pertnit, the planning diredor shall advise the mining operator of any noncompliance and
proposed corrections/revisions, including a time frame during which such corrections/revisions
are to be made. If sign cant adverse impacts have oxurred that were not previously iderrt ed
and mitigated, the planning director shall advise the mining operator of any required
corrections/revisions to the master pertnit to include such mitigation. If new operatian staniiards
have been adopted pursuant to this chapter the planning director shall advise the mining
operator of any required revisions to the master permit to reflect the new standards, if
determined applicable and practical by the planning director
The mining operator shall have 90 days from receipt of the planning direc:tor's notice under
this subsection to make the required corrections/revisions or to appeal the planning diredors
decision to the hearing examiner pursuant to Chapter 2.46:F6 ACC. The hearing examiner
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may affirm, mod'rfy, or dis rm the planning diredor's determination. If the mining operator does
not appeal the planning diredor's detertnination then the mining operator shall make the
correctionsJrevisions proposed by the planning director and the master permit shall be mod ed
to incorporate the revisions/corredions. If the mining operator does not make the
corrections/revisions as required by the city then the building official shall proceed with
errtorcemeM action under Chapter 1.25 ACC.
E. If pertnits for mines located outside the city's comprehensive plan designated mineral
resource area are not renewed then the surtace mining operations shall cease and the rimine
reclaimed pursuant to the requirements of Chapter 78.44 RCW (Ord. 5060 § 1, 1998.)
Section 24. Amendment to Citv Code. That Section 18.64.020 of the
Aubum City Code be and the same amended to read as follows:
18.64.020 Process.
A. Administrative Use Permits. An appiication for an administrative use pertnit shall be
reviewed in accordance with ACC T le 14 as a Type II decision, subject to the additional
provisions of this section. The pianning director or designee shall make the final decision unless
the application is forwarded to the hearing examiner pursuant to subsecxion (A)(2) of this
section, in which case the hearing examiner will make the final decision.
1 Additional Public Notice RequiremeMs. Administrative use pertnits for uses in the
foilowing zones shall be subject to the additional public notice requirements in subsections
A)(1)(a) and (b) of this section: R-C residential conservancy zone, C-N neighborhood shopping
district, C-1 light commercial district, G2 neighborhood business district, C-3 heavy commeraal
district, M-1 light manufacturing district, M-2 heavy manufacturing district, BP business park
district:
a. The mailing radius requirement of ACC 14.07.040(A) shall be increased to 500
feet; and
b. In addition to the methods of providing notice required by ACC 14 07.040, public
notice shall be posted on the citys website.
2. Following the pubiic comment period provided for in ACC Title 14, the planning
director or designee shall:
a. Review the information in the record and render a decision pursuarrt to the
procedural requirements of ACC Tdie 14; or
b. Within 10 days following the close of the public comment period, forward the
application to the hearing examiner for a public hearing and final decision in accordance with
Chapter 2.46 ACC if the planning diredor or designee determines that one or more of the
following exists:
i. Public comments indicate a substardial degree of concem, controversy, or
opposition to the proposal; or
ii. A public hearing is necessary to address issues of vague, conflicting, or
inadequate information; or
iii. The application raises a sensitive or corrtroversial public policy issue; or
iv A public hearing might clarify issues involved in the permit decision.
c. When a public hearing before the hearing examiner is deemed necessary by the
planning director or designee:
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i. The city shall provide written notice to the applicant vvithin 10 days following
the closing of the public comment period that the application is being forwarded to the hearing
examiner for public hearing and decision pursuant to the procedural requirements of this
chapter The notice shall specify the reason the application is being forwarded to the hearing
examiner;
ii. Processing of the application shall not proceed until any supplemeMal permit
review fees set forth in the city of Aubum fee schedute are received; and
iii. The application shall be deemed withdrawn if the supplemental fees are not
received within 30 days of the applicant not cation by the city
B. Conditionai Use Permits. An application for a conditional use permit shall be reviewed in
accordance with ACC Title 14 as a Type III ciecision. A request for a conditional use permit shail
be heard by the hearing examiner in accordance with the provisions of Chapter 2.46 r ACC.
The hearing examiner shall make the final decision.
C. When a proposal inGudes more than one element that require administrative use and/or
conditional use approval, the following review processes shall apply
1 For proposals with multiple administrative use elements, a single administrative use
permit application will be required; provided, that findings of fact pursuant to ACC 18.64.040 are
made for each element.
2. For proposals with administrative and conditional use elements, a single conditional
use permit application will be required; provided, that findings of fact pursuant to ACC 18.64.040
are made for each element. (Ord. 6269 § 22, 2009; Ord. 6185 § 5, 2008; Ord. 5811 § 6, 2003;
Ord. 4875 § 1, 1996; Ord. 4840 § 1, 1996; Ord. 4304 § 1(45), 1988; Ord. 4229 §2, 1987 )
Section 25. Amendment to Citv Code. That the Section 18.64.055 of the
Aubum City Code be and the same amended to read as follows:
18.64'.055 Appeals.
A. Administrative Use Permits. Any affected party may appeal the planning director's final
deusion to the hearing examiner as provided for in Chapters 14 13 and 18.70 ACC. If the
planning diredor forwards an application to the hearing examiner for a public hearing and
decision pursuant to ACC 18.64.020(A)(2)(b), a request for reconsideration and/or appeal of the
hearing examiner's final decision may be submitted as provided for in Chapter 2.46 Fifi ACC.
The planning diredor's decision to forward an application to the hearing examiner for public
hearing and decision may not be appealed.
B. Conditional Use Pertnits. Any affected party may submit a request for reconsideretion
and/or appeal the hearing examiner's final decision as provided for in Chapter 2.46 @-66 ACC.
Ord. 6269 §22, 2009.)
Section 26. Amendment to Citv Code. That the code section reference in
Section 18.68.030 of the Aubum City Code be and the same amended to read as
follows:
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18.68.030 Public hearing process.
A. Text Amendments. Wkh 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.
B. Zoning Map Amendments.
1 Rezones Initiated by an Applicant Other Than City All applications for a rezone shall
be reviewed by the planning director prior to the scheduling of a public hearing. Afterreview of
the application, the director shall determine which of the following two processes should occur
to properly hear the rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing
examiner shall conduct a public hearing on the rezone and make a recommendation to the city
council pursuant to ACC 2.46 6.170;
b. If the rezone is in conflict with the comprehensive plan, or there are no policies
that relate to the rezone, or the policies are nat complete, then a comprehensive plan
amendment must be approved by the city council prior to the rezone being scheduled for a
public hearing in front of the hearing examiner The planning commission shall conduct a public
hearing on the comprehensive plan amendment and make a recommendation to the city
council.
2. Areawide Zoning and Rezoning, Initiated by the City The planning commission shall
conduct a public hearing and make a recommendation to the city council. If applicable, a
comprehensive plan amendment may also be processed.
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 )
Section 27. Amendment to Citv Code. That Section 18.70.050 of the
Aubum City Code be and the same amended to read as follows:
78.70.050 Administrative appeals.
Appeals from any administrative decision made under this title may be appealed to the
hearing examiner pursuant to Chapter 2.46&f ACC.
A. Any person wishing to appeal an administrative decision shall first render in writing a
request for an administrative decision from the appropriate city o cial. The city official shall
issue in writing a decision within five working days of the written request.
B. If the requester seeks to appeal that decision to the hearing examiner, any such appeal
shail be filed with the planning director within 14 days of mailing the city's written decision. The
city shall e end the appeal period for an additional seven days for appeals that are
accompanied by a final mitigated determination of nonsignificance or final EIS.
C. The planning director shall notify any other city official that may be affected by the
appeal.
D. The appeal shall then be processed in the same manner as any other application for a
hearing examiner decision pursuant to Chapter 2.46 @:f6 ACC.
E. The examiner shall conduct a public hearing pursuant to ACC 18.70.040 and consider
any facts pertinent to the appeal. The examiner may affirtn the decision, remand for further
proceedings, or reverse the decision if the decision is:
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1 In violation of constitutional provisions;
2. In excess of the authority of the official;
3. Made upon an unlawful procedure;
4. Affeded by other error of law;
5. Cleariy erroneous; or
6. Arbitrary or capricious. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
Section 28. Amendmen4 to Citv Code. That Section 18.70.060 of the
Aubum City Code be and the same amended to read as follows:
18.70.060 Appeal of hearing e iner's decision.
The hearing examiners decisions may be appealed to superior court in the manner
prescribed by Chapter 2.46 f,6 ACC. (Ord. 6185 § 10, 2008; Ord. 4840 § 1, 1996; Ord. 4229
2, 1987 )
Section 29. Amendment to Citv-Code. That Section 18.76.130 of the
Aubum City Code be and the same amended to read as follows:
18.76.130 Hearing examiner review.
Pursuant to the provisions of Chapter 2.46a-@-6f ACC the hearing examiner shall conduct a
public hearing on all requests for a major amendment to a PUD. The examiner's decision shall
be in the form of a recommendation to the city council. (Ord. 5092 § 1, 1998.)
Section 30. Amendment to Citv Code. That Section 19.06.080 of the
Aubum City Code be and the same amended to read as follows:
19.06.080 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to
obtain a building permit. Appeals regarcling the impact fees imposed on any development
activity may only 6e made 6y the feepayer of the property where such development activity will
oxur No appeal submitted under protest shall be permitted uniess and until the impad fees at
issue have been paid. Altematively, any feepayer may appeal the impact fees determined by
the director without first paying the fees, providing tFie applicant is willing to provide a
satisFactory security of the appealed fee amour t in axordance with the requiremer ts of ACC
17 14.010(A) prior to issuance of the building pertnit. Alterriatively, any feepayec may appeal the
impact fees determined by the director without first paying the fees, provided the applicant is
willing to postpone issuance of the building pertnit until after the appeal process when the
revised final fee is known.
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B. Detertninations of the director with respect to the applicability of the impact fees to a
given development activity, the availability or value of a credit, or the director's decision with
respect to the independent fee calculation, or any other detertnination which the director is
authorized to make pursuant to this chapter, can be appealed to the hearing examiner
C. Appeals shall be taken within 10 days of the diredor's issuance of a written
detertnination by filing with the office of the hearing examiner a notice of appeal specifying the
grounds thereof and depositing the necessary fee, which is set forth in the existing fee
schedules for appeals of administrative decisions. The director shall transmit to the office of the
hearing examiner all papers constituting the record for the detertnination, including, where
appropriate, the independer t fee calculation.
D. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the
parties in interest, and decide the same as provided in Chapter 2.4B 6f ACC. At the hearing,
any party may appear in person or by agent or attomey
E. The hearing examiner is authorized to make findings of fact regarding the applicability of
the impact fees to a given development activity, the availability or amourit of the credit, or the
accuracy or applicability of an independent fee calculation. The decision of the hearing
examiner sfiall be final, except as provided in subsection (G) of this section.
F The hearing examiner may, so long as such action is in confortnance with the provisions
of this chapter, reverse or affirtn, in whole or in part, or may mod'rfy the determinations of the
director wfth respect to the amount of the impact fees imposed or the credit awarded upon a
determination that it is proper to do so based on principles of faimess, and may make such
order, requirements, decision or determination as ougM to be made, and to that end shall have
the powers which have been grarded to the director by this chapter
G. Any feepayer aggrieved by any decision of the office of the hearing examiner may
appeal the hearing examiner"s final decision as provided in Chapter 2.46 f ACC. (Ord. 8341
4, 2011, Ord. 5977 § 1, 2005.)
Section 31. Relocation and Amendment to Citv Code. That Chapter 18.6fi is
amended and recod ed as a New Chapter, 2.46 of the Auburn City Code to read as
follows:
Chapter2.467.66
HEARING EXAMINER
Sections:
2.46-.010 Tdle.
2.46-6f.020 General objectives.
2.46-66.030 Creation of the hearing examiner
2.46.035 Powers and areas of iurisdiction
2.46.040 Appointment and term.
2.46 6.050 Removal.
2.46.060 Qual cations.
2.46-6&.070 Examiner pro tempore—Duties.
2.46.080 Hearing examiner—Conflict of interest.
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2.46.090 Freedom from improper influence.
2.46.100 8 Applications.
2.46 f.11 W-B Report by pJ ar aiag-department.
2.46.120 Burden of Proof
2.46 f.130 Public hearing.
2.46a-@.140 Examiner's decision and recommendations— Findings required.
2.46 G6.150 Request for reconsideration.
2.464-6f.160 Appeal of final decisions.
2.46-.170 Hearing examiner's recommendation.
2.46 6.180 Council action.
2.46 6.190 Review of chapter by council.
2.4frl S6.010 Title.
This chapter shall be hereafter known as the "hearing examiner" chapter and may be cited
as such and will be hereinafter referred to as "this chapter" (Ord. 4840 § 1, 1996; O d. 4229 §
2, 1987 )
2.46#f6.020 General objectives.
It is the general objective of this chapter to:
A. Provide a single, efficient, integrated, land use regulatory decision-making process and
public hearing system;
B. Render land use regulatory decisions and recommendations to the city council;
C. Provide a greater degree of due process in land use regulatory decision-making and
public hearings;
D. Separate land use policy formulation from land use policy administration prbcesses.
Ord. 4840 § 1, 1996; Ord. 4229§2, 1987 )
E. Provide an efficient and effective administrative adiudicatorv svstem for review of
contested administrative determinations.
2.46 8 6.030 Creation of the hearing examiner
The office of the hearing examiner, hereinafter referred to as "examiner," is hereby created.
The examiner shall interpret, review, and implement land use regulations as pravided in this title
and other ordinances, issues and matters as assigned, delegated and/or referred to the
examiner The term examiner shall likewise include the examiner pro tem. (Ord. 6185 § 8, 2008;
Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
2.46.035 Powers and Areas of Jurisdiction.
The Hearinq Examiner shall have the oower to receive and examine availabie information.
conduct public hearinqs, preqare a record thereof and enter findinqs of fact, conclusions based
uaon those facts and enter decisions as orovided bv ordinance. Notwithstandinq anv other
provision in the Auburn Municioal Code, the Hearina Examiner's areas of iurisdiction shall
incluiie those matters contained in this chapter.
A. The decision of the Hearinp Examiner on the followinq matters shall be final:
1. Aooeals of assessed civil penalties (ACC 1.25.065 (E))'
2. Appeals reqardinq the citv's decision on refunds from the construction sales tax
exemotion (ACC 3.60.036 (F))
The apoeal shall be processed and the hearina conduded accordina to the orovisions of ACC 15.07.130
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3. Aqpeals from the otanninq director's denial of an application for a multi-familv tax
exemption (MFTEI (ACC 3.94.07D (F))
4. Aooeals frbm the planninq director's deniai of an extension of a conditional certificate
for MFTE ACC 3.94.090 (B))
5. Aooeals of a danqerous doa determination (ACC 6.35A2Q (Dl)
6. Aqpeals of a decision bv the olanninq director reqardinq expansion of hours for
construction noise(ACC 8.28.010 (B)(8)(d))
7. Aaoeals of a decision bv the citv enqineer reaardinq construction permits (ACC
1224.090 (C))
a-8. Apoeals of a decision bv the citv enaineer reaardinq underctroundinq of utilities
ACC 13.32A.130 (D1
2-9. Appeals of decisions bv the buildina official or fire code official repardina buildinq
and code violations (ACC 15.07.13012
10. Aoolications for a shoreline conditional use permit (ACC 16.08.054), fnote that bv
statutes, the State Department of Ecoloav has final aparoval authoritv)
B. The decision of the Hearina Examiner on the followina matters shall be final uniess such
decision is apqealed to the Citv Council as provided in this chapter:
1. Aooeals froin denial, civil penaltv suspension or revocation of a business license
ACC 5.15.070),
2. Aqqeals from denial of a rental housinq business Iicense (ACC 5.22.060 (D)1
3. Apqeals from revocation or notice of intent to revoke a rental housina business
license (ACC 5.22.080 (B))
C. The decision of the Hearinca Examiner on the followinq matters shail be the final
administrative decision of the Citv:
1. Appeals from the qlanninq director's denial of a final certificate for Multifamily
Proaertv Tax Exemqtion MFTE (ACC 3.94:100 (B))
2. Apoeals from the olannina director's canceliation of a tax exemption for MFTE (ACC
3.94.120 (C))
3. .Aooeals of a decision bv the public works director reaardinq commute trip reductions
ACC 10.02.130
4. Appeals from denial of an adult entertainment establishment license, issuance or
renewal (ACC 5.30.070)
5. Aiioeals of a decision bv the public works director reqardinp reauired public
im rovements (ACC 12.64A.060)
6. Aqqeals of a decision bv the qubiic works director reaardin4 svstem development
charces (ACC 13.41.0701
7. Hear and resolve tenant complaints aaainst landlords reqardina utilitv billinq
practices (3` 6artv billina) (ACC 13.52.050)
8. Aooeals of a decision bv the olannina director on a relocation renort and lan related
to the ciosure of a mobile home park (ACC 14.20.110)
9. Aoaeals of a decision bv the floodplain administrator on floodalain develooment
permits (ACC 15.68.125)
1_0._Appeals of a decision bv the landmarks and heritape commission on historicai
desionations (ACC 15.76.040)
11.Appeals of a decision bv the SEPA resqonsible official on threshold determinations
ACC 16.06.250) - oublic hearinp needed
12. Appeals from Critical Area Review decisions (ACC 16.10.1401
Z The aooeal shall be orocessed and the hearina conduded accordina to the qrovisions of ACC 15.07.130
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13. Aaolications for a reasonable use exceotion due to critical area requlations (ACC
16.10.150)
14. Apqlications for a buffer width variance of critical areas requlations which exceeds 10
percent of a quantifiable standard. (ACC 16.10.160)
15. Applications for a qublic aaency soeciai exception to critical area reaulations (ACC
16.10.170)
16. Apqeals from a decision of the planninq director reqardinq boundarv line adiustments
ACC 17.06.0301
17.A plications for a preliminarv piat (ACC 17.10.050)
18.Apqlications for modification of standards and soecifications related to a preliminarv
piat (ACC 17.18.0101
19. Aaalications for alteration of anv subdivision (ACC 17.20.0301
20. Apoeals from a decision of the alanninq director reqardinq site plan aooroval of a
business park fACC 18.36A20 (BU
2_1_._Applications for a special home occupation permit (ACC 18.60.040A1
22. Ao lications for a surFace mininq pe mit (ACC 18.62.030)
23. Apoeals from a decision of the olannina director reqardinq administrative use permits
ACC 18.64.020(A))
24=plications for a conditional use permit (ACC 18.64.020 (B)1
25. Aqalications for a variance (ACC 18.70.0101
26.Aopeals from a decision of the plarininq director reaardinq administrative variances
ACC 18.70.015)
27.Applications for a special exception (ACC 18.70.020)
28.Apolications for a variance in the repulatorv floodaiain (ACC 18.70.025)
29. Appeals from anv administrative decision under Title 18 —Zonina (ACC 18.70.0501
30.A peals from a decision of the planninp director reaardina fire imoacf fee§ (ACC
19.06.080)
3 peals from a decision of the oarks director reaardino qark impact fees (ACC
19.08.040)
D. On the followinq matters, the Hearinq-Examiner shali enter findinqs of fact. conclusions
of law, arid recommendations to the Citv Couricil:
1. Aqplications for vacatinp a subdivision or aortion of a subdivision, or anv land
dedicated for ublic use, exceqt riahts-of-wav associated with public streets (ACC 17.22.0301
2: Aqqlication for a business oark (conceotual a proval) tACC 18.36A20 (Al)
3. Aaolications for a rezone (zoninq-maa amendment) initiated bv. an applicant other
then the citv (ACC 18.68.030).
4. Aoalications for maior amendments to the Lakeland Hills PUD (ACC 18.76.130)
2.45 6.040 Appointment and tertn.
The hearing examiner shall be appointed by the mayor and subject to confirmation by the
Aubum city council. In the event that the appoirrted examiner is unable to pertortn the duties of
office for whatever reason, or in the event of a vacancy in office, the mayor shall appoint an
examiner pro tem who shall have the authorities herein provided. (Ord. 4840 § 1, 1996; Ord.
4229 § 2, 1987)
2.46 SS.050 Removal.
The examiner or the examiner pro tem may be removed from office at any time by the
mayor (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
Ordinance No. 6442
November 29, 2012
Page 24 of 30
ORD.C Page 171 of 305
2.46 6.060 Qualiflcations.
The examiner and the examiner pro tem shall be appointed solely with regard to their
qualifications for the duties of the office which shall include, but not be limited to, appropriate
educational experience such as in urban planning, land use law and public administration.
Wherever feasible, the mayor shall endeavor to appoint qualified candidates who reside in the
Aubum area. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
2.46 fi6.070 Examiner pro tempore— Duties.
The examiner pro tem, '
shall have the qower to oerform the duties of the hearinq examiner whenever the hearing
examiner is absent, has a conflict of interest, or otherwise so reauests.
The qualifications for hearina examiner oro tem are the same as for the hearinq examiner.
2.46:&6.080 Hearing examiner—Confllct of interest
The examiner shall not conduct or participate in any hearing or decision in which the
examiner has a direct or indirect personal interest which might exeR such influence upon the
examiner that might interfere with his decision-making process. Any actual or potential conflict
of interest shall be disclosed by the hearing examiner to the parties immediately upon discovery
of such conflict.
Participants apearina before the Hearinq Examiner have
the right, insofar as possible, to have the examiner free from personal interest or prehearing
contracts on land use regulatory matters considered by him or her It is recagnized that there is
a countervailing public right to free access to public officials on any matter If such personal or
prehearing interest contact impairs the examiner's ability to act on the matter, the hearing
examiner shail state and shail abstain therefrom to the end that the proceeding is fair and has
the appearance of faimess, unless all parties agree in writing to have the matter heard by said
examiner If all parties do not agree and the hearing examiner must abstain, the aN-be
hearing examiner shail assian the matter to a hearina
examiner pro tem to sit in the hearing examiner's stead. (Ord. 4840 § 1, 1996; Ord. 4229 § 2,
1987 )
2.46:6.090 Freedom from improper influence.
No council member, city official, or any other person shall attempt to intertere with, or
improperly influence the examiner or examiner pro tempore in the performance of his
designated duties. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
2_46 G.100-48 Applications and appeals.
Applications and a peals requiring a determination by the hearing examiner shall be filed
with the deqartmerrt that has responsibilitv for the ordinance that is the subiect ot the aaplication
or appeal.
Ordinance No. 6442
November 29, 2012
Page 25 of 30
ORD.C Page 172 of 305
A. Aqalications reauirina a hearina examiner decision shall be scheduled for hearina
promptiv uoon notification bv the that the a olication is complete and readv for schedulinq.
B Proinptiv followinq receipt of a timelv apaeal, the hearinp examiner shall schedule a
hearina consisterit with the reauirements of the applicable ordinance(sl and these rules.
2.46 66.11 W-29 Report by pla tiRg-departrnent.
When a matter identified in section 2.46.035 has been set for public hearinq, the responsible
deoaRment
deqaF4Faeat-shall coordinate and assemble the comments and recommendations of other city
departments and other govemmental agencies having an interest in the subject application and
shall prepare a repoR summarizing the issues involved, and the resaonsible deoartmenYs
findinas and recommendation.
This report shall be transmitted to the examiner at least four
calendar days prior to the scheduled hearing. Copies of this report shall be maiied to the
applicant prior to the hearing and shall be made available to the public for the cost. of
reprodudion priorto the scheduled hearing. (Ord. 4840 § 1, 1996; Ord. 4229 §2, 1987 )
2.46.120 Burden of aroof.
Unless othervvise qrovided for in the Aubum Citv Code, the burden of proof before 3he
Hearinp Examiner shall be as follows:
A. Apaeal hearinqs:
The ao6lic'anUappellant shall have the burden of proof, bv a qreponderance of the evidence,
as to material factual issues exceot where aqqlicable CiN code rovisions or state law provide
otherwise.
B. Land use apolication hearinas:
For an apqlication to be aaqroved. a oreoonderance of the evidence oresented at the
hearinq must su000rt the conclusion that the aoalication meets the leqal decision criteria that
aoplv
C. Code enforoement hearinas:
The Citv shall have the burden of qrovina, bv a preponderance of the evidence, that a code
violation has occurred and that the pr000sed oorrective action is reasonable.
2.4648.56.130 Public hearing.
A. Before rendering a decision or recommendation on any application for which a public
hearing is required, the examiner shall hold a public hearing thereon. Unless othervvise required
Ordinance No. 6442
November 29, 2012
Page 26 of 30
ORD.C Page 173 of 305
by the Aubum City Code, all hearings conducted by the examiner shall be open record
hearings. Notice of the place and time of the public hearing shall be given as provided in the
ordinance goveming the application. If none is specifically set foRh, the followina notice
requirements shall be followed:
1. Be ctiven not less than 10 davs prior to the date of the hearina;
2. Set forth the time, place and pumose of such hearinq:
a-3. Be rovided in accordance with the reauirements of ACC 14.07.040. (Ord. 5811
6 9, 2003; Ord. 4840 & 1, 1996: Ord. 4229 5 2. 1987.)
B. The examiner shall have the power to prescribe rules and regulations for the conduct of
hearings under this chapter subject to review by the city council and to administer oaths and
preserve order
C. At the Gose of the testimony the examiner may close the public hearing, continue the
hearing to a time and date certain, or close the public hearing pending the submission of
additional infortnation on or before a date certain.
D Until a final action on the application is taken, the examiner may dismiss the application
for failure to diligerdly pursue the application after notice is given to all parties of record.
E. If a project consists of differer t actions which require separate hearings to be held for
each action, one consolidated hearing shall be held as required by ACC TRIe 14. (Ord. 4840 §
1, 1996; Ord. 4229§ 2, 1987 )
2.46#GG6 140 Examiner's decision and recommendations—Findings required.
A. Unless the time is extended pursuant to this section, vvithin 10 workina days of
the conclusion of a hearing, or the date set for submission of additional information pursuant to
this chapter, the examiner shall render a written decision, including findings from the record and
conclusions therefram, and shall transmit a copy of such decision by regular mail, postage
prepaid, to the applicant and other parties of record in the case who have requested notice of
the decision at the public hearing. The person mailing the decision shall prepare an affidavit of
mailing, in standard fartn, and the affidavit shall become a part of the record of the proceeding.
In the case of applications requiring city council approval, the examiner shail transmit his
decision to the city councii.
B. In extraordinary cases, the time period for filing of the recommendation or the decision of
the examiner may be extended for not more than 20 saleadaFworkina days aker the conclusion
of the hearing if the examiner finds that the amount and the nature of the evidence to be
considered, or receipt of add'Riona information which cannot be made available within the
normal decision period, requires the extension. Notice of the extension, stating the reasons.
therefore, shall be sent to all parties of record in the manner set forth in this section for
not cation of the examiner's decision.
When actinq on land use matters:
C. Conditions. The examiner's recommendation or decision may be to grant or deny the
application, or the examiner may require of the applicant such conditions, mod cations and
restrictions as the examiner finds necessary to make the application compatible with the
environment and carry out the goals and objecdves of the comprehensive plan, this title, the
land division ordinance, other codes and ordinances of the city of Aubum, and the approved
preliminary plat, if appliqble. Conditions, mod cations and restrictions which may be imposed
shall be founded in the body of legislation approved by the city council. Perfortnance bonds may
be required to insure compliance with the cond'itions, modifications and restrictions.
0. Tertnination of Decision. The city declares that circumstances surrounding land use
decisions change rapidly over a period of time. In order to assure the compafibility of a decision
Ordinance No. 6442
November 29, 2012
Page 27 of 30
ORD.C Page 174 of 305
with currerrt needs and concems, any such decision shall be limited in duration, uniess the
action or improvements authorized by the decision is implemented promptly Any application,
except a rezone, approved pursuant to this chapter shall be implemented wkhin two years of
such approval unless other time limits are prescribed elsewhere. Any application which is not so
implemeMed shall terminate at the conclusion of that period of time and become null and void.
The examiner may grant one extension of time for a maximum of one year for good cause
shown. The burden of just cation shall rest with the applicarn. For large-scale or phased
projects the examiner may at the time of approval or recommendation set forth time limits for
expiration which exceed those prescribed in this section for such extended time limits as are
just ed by the record of the action. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
2_46 8.56.150 Request for reconsideration.
The plaarHa resoonsible director or an interested party affected by the final decision or
recommendation of the examiner who asserts that the hearing examiner based that
recommendation or deasion on an erroneous procedure, errors of law or fact, or errar in
judgment; which could not be reasonably available at the prior
hearing may make a written reyuest 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 farth the specific errors relied upon by such appellant, and the examiner may, after review of
the record, take further action as the examiner deems proper The examiner may request further
iwfer aatieR-arqument which shall be provided within 10 calendar days of the examiner's
request. The examiner's written decision on the request for consideration shall be transmitted to
all parties of record within 10 saleadaF workina days of receipt of the request for
reconsideration or receipt of the additional ia#erfaatiea-ar uamentrequested, whichever is later
The date of the hearina examiner's final decision for anqeal qurposes shall be construed as the
date of the hearinq examiner's decision on the reconsideration reauest. (Ord. 4840 § 1, 1996;
Ord. 4229§ 2, 1987 )
2_46:b6:760 Appeal of final decisions.
The plaaaiac}resoonsible director or any interested party affeded by the examiner's written
final decision may appeai the decision ta superior court of the couMy in which the project is
located. (Ord. 6185 § 7, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
2_4648:Sfr170 Hearing examineMs recommendaUon.
A. For actions requiring the hearing examiner's recommendation as provided by ordinance,
the examiner's recommendation shall be forwarded to the city council within 10 salendaf
workinq days of the examiner's decision. The recommendation shali be placed on the next
agenda of the city council. The city counal upon its review of the record may
1 Affirm the recommendation;
2. Remand the recommendation to the hearing examiner;
3. Schedule a closed record public hearing before the city council.
B. Any aggrieved person may request the cRy council to conduct its own Gosed record
hearing. Upon its own closed record hearing the city council may affirm, reject, modify the
hearing euaminer's recommendation or take whatever action it deems appropriate pursuant to
law. (Ord. 4840 § 1, 1996; Ord. 4229§ 2, 1987 )
2.46,180 Council action.
Ordinance No. 6442
November 29, 2012
Page 28 of 30
ORD.C Page 175 of 305
Any application requiring adion by the city councii shall be evidenced by minute entry
uniess otherwise required by law. When taking any such final action, the council shall make and
enter findings of fact from the record and conolusions therefrom which support its action. Unless
otherwise specified, the city council shall be presumed to have adopted the hearing examinePs
findings and conGusions.
A. All applications requiring council action shall be placed on the council's agenda for
consideration.
B. The action of the council approving, modifying or rejecting the hearing examiner's
decision or recommendation shall be final and conclusive, subject to any writ of review pursuant
to law. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
2_464&f&190 Review of chapter by council.
The city council may on an annual basis review the content and effect of this chapter on the
city of Aubum and its atizens. The method of review may inGude a pubiic hearing open to ali
interested ckizens. The counal after review and consideration shail at that time decide to
modify, repeal, or retain all of or part of this chapter (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 )
Section 32. Imolementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 33. 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 37. Effective date. This Orclinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED•
PASSED:
APPROVED:
Ordinance No. 6442
November 29, 2012
Page 29 of 30
ORD.C Page 176 of 305
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST
Daniell.e E. Daskam, City Clerk
AP O F R •
aniel B. Hei , City Attomey
Published:
Ordinance No. 6442
November 29, 2012
Page 30 of 30
ORD.C Page 177 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject: Proposed code amendments to the Auburn City Code
related to the Hearing Examiner (Code Update Project – Phase 2 -
Group 2).
Date: October 29, 2012
Department: Planning and
Development
Attachments: See Exhibit list below. Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
amendments and make a recommendation to City Council.
Background Summary:
The Code Update Project began in September 2008 and is progressing in two phases. Phase 1,
completed in June of 2009, updated the City’s residential-related zoning districts (Title 18 ACC) and
subdivision code (Title 17 ACC). Phase 2 updates the City’s non-residential related zoning districts (Title
18 ACC) and should be completed by December of 2012.
The proposed amendments (Phase 2, Group 2 – Hearing Examiner Chapter) will affect the current city
code as follows:
• Relocates the Hearing Examiner Chapter out of Title 18 – Zoning and into Title 2 – Administration and
Personnel.
• Amends the Hearing Examiner Chapter by clarifying the powers of the hearing examiner and what
applications and appeals he or she is responsible for. A burden of proof section is also being added.
• Amends the timelines in which decisions by the hearing examiner are given.
• Changes all Hearing Examiner references in the code from Chapter 18.66 ACC to Chapter 2.46 ACC
The November 7, 2012 Planning Commission meeting will involve a public hearing on the proposed code
amendments. The Planning Commission is advisory to the City Council and will make a recommendation
to the City Council on the proposed code amendment.
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: Staff: Wagner
Meeting Date: November 7, 2012 Item Number:
ORD.C Page 178 of 305
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: October 29, 2012
Page 2 of 5
A. RESPONSIBLE DEPARTMENT:
City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director
B. RESPONSIBLE STAFF:
Stuart Wagner, AICP Senior Planner, City of Auburn Planning and Development Department
C. AREA OF IMPACT:
Citywide
D. PLANNING COMMISSION PUBLIC HEARING DATE:
November 7, 2012
E. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
Currently scheduled for December 3, 2012
F. FINDINGS OF FACT:
1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which
addresses amendments to Title 18, Zoning.
2. The proposed code amendment relocates Chapter 18.66 – Hearing Examiner to Title 2 –
Adminstrative and Personnel and also amends the Chapter in several places to clarify the
powers of the hearing examiner, what he or she is responsible for as well as amend the
timelines in which written decisions by the hearing examiner are given.
3. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as
discussed under the conclusions’ section of this report.
4. A Determination of Non-Significance was issued for the City initiated Code Amendments on
July 16, 2012 under city file SEP12-0022. The Determination of Non-Significance was
published in the July 16, 2012 edition of the Seattle Times. No comments were received from
the commenting agencies or appeals filed.
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, Growth
Management Services, and other state agencies as required for the 60-day state review. An
acknowledgement letter was received on July 23, 2012. No comments were received from
Commerce or other state agencies as of the writing of this report.
6. The Planning Commission conducted a duly noticed work study session at the regular
meeting on November 7, 2012 ahead of the public hearing to review and discuss with staff
potential code amendment issues and ideas.
7. The public hearing notice was published on October 26, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for November 7, 2012.
ORD.C Page 179 of 305
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: October 29, 2012
Page 3 of 5
8. The following conclusions support the proposed amendments to the Auburn City Code
scheduled for the Planning Commission’s November 7, 2012 public hearing with a staff
recommendation.
G. CONCLUSIONS:
1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following public
process is applicable:
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.
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
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.
Comment:
The public hearing before the Planning Commission is scheduled for November 7, 2012
meeting the requirement under ACC 18.68.030. The public hearing notice was published in
the Seattle Times, the City’s official newspaper, on October 26, 2012 at least 10 days prior to
the public hearing. The public hearing notice was also posted at City Hall (25 West Main
Street), the Customer Service Center (One East Main Street), and the City’s Senior Activity
Center meeting the requirement for posting the notice in three general public locations.
2. The proposed code amendments are intended to reorganize and update regulations and
standards to create a more logical flow in the regulation of land uses and to appropriately
reflect changes in state law.
3. The proposed code amendments do not require any changes to the City’s current critical
area regulations contained in ACC 16.10 (Critical Areas).
4. The proposed code amendments will support current and future land and shoreline uses that
are consistent with the City’s current Comprehensive Plan and current Shoreline Master
Program. Staff has not proposed substantive or non-substantive amendments to the Auburn
City Code that would be deemed inconsistent with the City’s adopted plans and policies.
5. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for
text amendments to the zoning title. At a minimum, proposed text amendments are to be
consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The proposed
code amendment is supported by the following Comprehensive Plan Objectives and Policies:
CITY OF AUBURN COMPREHENSIVE PLAN
ORD.C Page 180 of 305
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: October 29, 2012
Page 4 of 5
These code amendments are supported by the City of Auburn’s Comprehensive Plan as
follows:
GOAL 1 - PLANNING APPROACH
To manage growth in a manner which enhances, rather than detracts from community quality
and values by actively coordinating land use type and intensity with City facility and service
provision and development.
Policies:
GP-2 The City should develop its plans and programs after thorough analysis of
community problems, potentials and needs.
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
Comment:
The proposed code amendments to the Hearing Examiner Chapter remedies inconsistences
in current city code and meets a community need by promoting efficiencies in code and
administrative processes. Further, 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.
CHAPTER 2 - GENERAL APPROACH TO PLANNING (excerpt)
…this Comprehensive Plan involves preparing the City for addressing future development so
that the end result moves the City closer to accomplishing its goals. Several approaches or
"styles" of planning can be used to accomplish this :
1. reactive - accent flexibility in responding to changing conditions and to individual
situations problems and issues as they arise;
2. predictive - anticipate future needs and plan to meet them; or
3. proactive - seek to influence future events to achieve community objectives.
The approach used establishes a key element of the City's basic philosophy regarding land
use management and planning. The proactive approach blended with the predictive
approach will assure that basic community values and aspirations are reflected in the City's
planning.
Comment:
The planning department is taking the “proactive” approach identified in the City’s
Comprehensive Plan with the code amendments that are proposed to the Hearing Examiner
Chapter. The changes will ensure ease of use and administration of processing future land
use application and administrative appeals.
Staff Recommendation
The Planning Commission recommends approval to the City Council of the proposed zoning code
text amendment as presented by staff based on the findings of fact and conclusions.
ORD.C Page 181 of 305
Agenda Subject: Proposed amendments to Auburn City Code related
to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007)
Date: October 29, 2012
Page 5 of 5
Exhibits
Exhibit 1: Staff Report
Exhibit 2: Auburn City Code Chapter 2.46 – Hearing Examiner (revised and relocated)
Exhibit 3: Determination of Non-Significance and Affidavit of Publication
Exhibit 4: Environmental Checklist
Exhibit 5: Public Hearing Notice and Affidavit of Publication
Exhibit 6: Letter to Department of Commerce for 60-day State Review
Exhibit 7: Acknowledgment letter from Department of Commerce
ORD.C Page 182 of 305
AD-]D3u-,DLz._N
crrY Or
Peter B. Lewis, Mayor
WASHINGTON 25 West Main Slreot * Auburn WA 98001.4998 * www.rAuburnwo.gov * 253-931 3000
Determination of Non-Significance
Amendments to Title 18 -Zoning, of the Auburn City Code
Code Update Project- Phase 2—Grouping 2
City of Auburn File No: SEP12-0022
Related File No: ZOAl2-0007
I
Description of Proposal: Group 2 of Phase 2 Code Amendments to Title 18 - Zoning, of the
Auburn City Code (see detailed description of proposal on attached
page).
Proponent: City of Auburn Planning and Development Department
25 West Main Street, Auburn WA 98001
Stuart Wagner, Planner
253)931-3090
swagner @auburnwa.gov
Location: City-wide
Lead Agency- City of Auburn
The lead agency for this proposal has determined that it does not have probable significant adverse
impact on the environment. An environmental impact statement (EIS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and
other information on file with the lead agency This information is available to the public on request.
This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days
from the date issued below Comments must be submitted by 5:00 p.m. on July 30, 2012. Any
person aggrieved of the City's Determination may file an appeal with the Auburn City Clerk within 14
days of the close of the comment period, or by 5:00pm on August 13, 2012.
Responsible Official: Kevin H. Synder, AICP
Position/Title: Director, Planning and Development Department
Address: 25 West Main Street
Auburn,Washington 98001
Telephone:253) 931-3090
Date Issued: July 16, 2012 Signature:
Note. This determination does not constitute approval of the proposal. Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority The proposal will be required to meet all applicable regulations.
AUBURN + MORE THAN YC)U IMAGINH)ORD.C Page 183 of 305
Description of Proposal—Code Update Project-Phase 2—Grouping 2
The proposal is the second of two phases of an update to the City of Auburn Zoning Code. Phase 1
updated the City's residential-related zoning districts (Title 18 ACC) and subdivision code (Title 17
ACC). Phase 2 updates the City's non-residential related zoning districts (Title 18 ACC) and
chapters that regulate non-residential and multi-family developments such as off-street parking and
loading and landscaping and screening.
The goals of the Code Update project include:
Improve development code readability and ease of use;
Update technical content to address known issue areas and better support the City's
development review and quasi-judicial decision process; and
Ensure development code and design standards are coordinated and consistent with
Auburn's Comprehensive Plan and other state land use and environmental requirements;
and
Promote sustainability concepts where feasible.
The proposal under this Determination of Non-Significance (Code Update Project — Phase 2 -
Grouping 2) will add new definitions, consolidates chapters that currently regulate the City's non-
residential zones (uses and development standards), creates a new Chapter containing standards
for specific land uses and moves the Hearing Examiner chapter out of Title 18-Zoning and into Title
2—Administration and Personnel.
i
i
ORD.C Page 184 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6445
Date:
December 12, 2012
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6445
Fee Table
PC Ord 2012-71
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6445.
Background Summary:
See Attached
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal
Councilmember:Backus Staff:Snyder
Meeting Date:December 17, 2012 Item Number:ORD.D
AUBURN * MORE THAN YOU IMAGINEDORD.D Page 185 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject: ZOA12-0009; Ordinance No. 6445 related to
amending Chapter 19.02 to adjust school impact fees
Date:
December 11, 2012
Department:
Planning & Development Dept.
Attachments:
Ordinance No. 6445
Table Comparison of Impact Fee
Proposal
Pierce County Ordinance No. 2012-
71
Budget Impact:
$
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6445 amending
Chapter 19.02 to adjust school impact fees.
Background Summary:
Title 19 (Impact Fees) of the Auburn City Code contains standards and regulations pertaining to the
imposition of impact fees in the City of Auburn. Chapter 19.02 (School Impact Fees) addresses the
establishment, calculation, collection and amendment of school impact fees within the municipal
boundaries of the City of Auburn. The city originally established school impact fees in 1998 by Ordinance
No. 5078. Four school districts occur within the City limits.
Pursuant to Section 19.02.060 (Annual Council Review) of the Auburn City Code, on at least an annual
basis, the Auburn City Council shall review the information submitted by the Districts pursuant to ACC
19.02.050. The review shall be in conjunction with any update of the capital facilities plan element of the
city's comprehensive plan. The City Council may also at this time determine if an adjustment to the
amount of the impact fees is necessary.
The City of Auburn annual Comprehensive Plan Amendm ent process for 2012 included requests for City
approval of the Capital Facilities Plans of the four districts as follows:
* 2012 - 2018 Auburn School District Capital Facilities Plan;
* 2013-2018 Dieringer School District Capital Facilities Plan;
* 2013 Federal Way School District Capital Facilities Plan; and
* 2012-2013 through 2017-2018 Kent School District Capital Facilities Plan.
These requests were submitted in accordance with the provisions of Section 19.02.050 (Submission of
District Capital Facilities Plan and Data) of the Auburn City Code.
The School Districts’ Capital Facilities Plans are contained in the working notebooks (three ring binder)
for the 2012 Annual Comprehensive Plan Amendments, previously distributed to the 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
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: December 17, 2012 Item Number:
ORD.D Page 186 of 305
Agenda Subject: Ordinance No. 6445
Date: December 11, 2012
Page 2 of 3
Definition
The city’s code section 19.02 contains the city’s regulations governing school impact fees. It provides the
following definition:
"Impact fee" means a payment of money imposed upon development as a condition of development
approval to pay for school facilities needed to serve new growth and development that is reasonably
related to the new development that creates additional demand and need for public facilities, that is a
proportionate share of the cost of the school facilities, and that is used for such facilities that
reasonably benefit the new development.
Related Authority
Other key points of the city’s regulations include:
The impact fee shall be based on a capital facilities plan adopted by the district and
incorporated by reference by the city as part of the capital facilities element of the city's
comprehensive plan (Chapter 5), adopted pursuant to Chapter 36.70A RCW, for the purpose of
establishing the fee program.
Separate fees shall be calculated for single-family and multifamily types of dwelling units, and
separate student generation rates must be determined by the district for each type of dwelling
unit.
The fee shall be calculated on a district-wide basis using the appropriate factors and data
supplied by the district. The fee calculations shall also be made on a district-wide basis to assure
maximum utilization of all available school facilities in the district which meet district standards.
As a condition of the city's authorization and adoption of a school impact fee ordinance, the city
and the applicable district shall enter into an interlocal agreement governing the operation of the
school impact fee program, and describing the relationship and liabilities of the parties. The
agreement must provide that the district shall hold the city harmless for all damages.
On an annual basis (by July 1st or on a date agreed to by district and the city and stipulated in
the interlocal agreement), any district for which the city is collecting impact fees shall submit the
Capital facilities plan and supporting information to the city.
Applicants for single-family and multifamily residential building permits shall pay the total
amount of the impact fees assessed before the building permit is issued, using the impact fee
schedules in effect, unless the fee has been deferred pursuant to City Ordinance No. 6341.
The impact fee calculation shall be based upon the formula set forth in ACC 19.02.110, “Impact
fee formula”. The formula is the city's determination of the appropriate proportionate share of the
costs of public school capital facilities needed to serve new growth and development to be funded
by school impact fees based on the factors defined in ACC 19.02.020. Based on this formula, the
“Fee Obligation” is the “Total Unfunded Need” x 50% = Fee Calculation.
The Capital Facilities Plans approved by the school boards contain proposed school impact fees for each
of the four Districts. The requests for adjustment of the school impact fees are required to be submitted
concurrent with the submittal of the Capital Facilities Plans prior to July 1 of each year. All the requests
for fee adjustments were received prior to the July 1st deadline.
ORD.D Page 187 of 305
Agenda Subject: Ordinance No. 6445
Date: December 11, 2012
Page 3 of 3
Council Review and Decision
The setting of the actual fees occurs through separate Council action amending Chapter 19.02 of the
Auburn City Code. Section 19.02.060, “Annual Council Review” specifies the following:
On at least an annual basis, the city council shall review the information submitted by the district
pursuant to ACC 19.02.050. The review shall be in conjunction with any update of the capital
facilities plan element of the city's comprehensive plan. The city council may also at this time
determine if an adjustment to the amount of the impact fees is necessary; provided, that any
school impact fee adjustment that would increase the school impact fee shall require the
submittal of a written request for the adjustment by the applicable school district concurrent with
the submittal of the annual capital facilities plan pursuant to ACC 19.02.050. In making its
decision to adjust impact fees, the city council will take into consideration the quality and
completeness of the information provided in the applicable school district capital facilities plan
and may decide to enact a fee less than the amount supported by the capital facilities plan.
Section 19.02.060 establishes that the Auburn City Council is not obligated to accept the fees proposed
by the School Districts within their submitted Capital Facilities Plans and may establish fees that the
Council determines are more appropriate and consistent with the public’s interest in reasonably mitigating
school impacts within the affected portion of the City.
Recommendation
The Dieringer School District submitted a proposed fee calculation of $5,322.00 based on their Capital
Facilities Plan. Related to this, the Pierce County Council by Ordinance No. 2012-71 adopted October
17, 2012 and effective January 1, 2013, established a school impact fee for the Dieringer School District
of $3,005.00. The Dieringer School District is the only school district common to both the City of Auburn
and Pierce County. It is more appropriate and consistent with the public’s interest in reasonably
mitigating school impacts within the affected portion of the City, to establish a fee within Auburn for the
Dieringer School district that is the same as Pierce County’s fee. The draft Ordinance No. 6445 has been
prepared to reflect a school impact fee that is the same as Pierce County’s school impact fee and less
than what the District has requested.
Committee Actions
A discussion of the school impact fee changes was held at the Planning and Community Development
Committee’s (PCDC) regular meeting on December 10, 2012. The PCDC discussed Ordinance No. 6445
and forwarded a recommendation for approval, as recommended by staff, to the full City Council. The
Finance committee will discuss on December 17, 2012.
ORD.D Page 188 of 305
ORDINANCE NO. 6 4 4 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON AMENDING SECTIONS
19.02.115, 19.02.120, 19.02.130 AND 19.02.140 OF THE
AUBURN CITY CODE RELATING TO SCHOOL IMPACT
FEES
WHEREAS, the City of Aubum has adopted a school impact fee ordinance and
collects school impact fees on behalf of certain school districts located or located in part
within the City of Aubum; and
WHEREAS, the Aubum School District, Dieringer School District, Federal Way
School District, and the Kerrt School District, each being located in part within the City of
Aubum, have provided the City of Aubum with updated capital facilities plans to be
considered during the City's 2012 annual comprehensive plan amendment process that
addresses among other things, the appropriate school impact fee for single family
residential dwellings and multi-family residential dwellings for each district; and
WHEREAS, the Aubum School District issued a Determination of Non-
Significance for the 2012 - 2018 Aubum School District Capital Facilities Plan May 8,
2012; the Dieringer School District issued a Determination of Non- Significance for the
2013-2018 Dieringer School District Capital Facilities Plan March 12, 2012; the Federal
Way School District issued a Determination of Non-Significance for the 2013 Federal
Way School District Capital Facilities Plan May 11, 2012; and the Kent School District
issued a Determination of Non-Significance for the 2012-2013 through 2017-2018 Kent
School District Capital Facilities Plan May 29, 2012; and
Ordinance No. 6445
November 28, 2012
Page 1 of 7
ORD.D Page 189 of 305
WHEREAS the City of Aubum issued a Determination of Non-Significance (DNS)
on September 10, 2012 for the City of Auburn Year 2012 city-initiated comprehensive
plan map and text amendments (File No. SEP12-0023) that incorporated by reference
the previous threshold determinations by the Aubum School, Dieringer School Disfict,
Federal Way School District and the Kent School Disfict, and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of hearing, the Auburn Planning Commission on October
16, 2012 conducted public hearings on the proposed Auburn School District 2012-2018
Capital Facilities Plan, the proposed Dieringer School District 2013 - 2018 Capital
Facilities Plan; the proposed Federal'Way School District 2013 Capital Facilities Plan;
and for the proposed Kent School District 2012-2013 through 2017-2018 Capital
Facilities Plan; and
WHEREAS, following the conclusion of the public hearing on October 16, 2012,
and subsequent deliberations, the Auburn Planning Commission, following individual
positive motions, made separate recommendations to the Aubum City Council on the
approval of the Aubum School District 2012-2018 Capital Facilities Plan, the Dieringer
School District 2013 - 2018 Capital Facilities Plan; the Federal Way School District 2013
Capital Facilities Plan; and for the Kent School District 2012-2013 through 2017-2018
Capital Facilities Plan; and
WHEREAS, the Aubum City Council considered the recommendations of the
Aubum Planning Commission at a regularly scheduled meeting on December 17, 2012,
and a positive motion approved the Aubum School District 2012-2018 Capital Facilities
Ordinance No. 6445
November 28, 2012
Page 2 of 7
ORD.D Page 190 of 305
Plan, the Dieringer School District 2013 - 2018 Capital Facilities Plan; the Federal Way
School District 2013 Capital Facilities Plan; and the Kent School District 2012-2013
through 2017-2018 Capital Facilities Plan; and
WHEREAS, on December 17, 2012 the Public Works Committee of the Aubum
City Council at a regularly scheduled meeting reviewed the Planning Commission's
recommendations; and
WHEREAS, on December 17, 2012 the Finance Committee of the Aubum City
Council at a regularly scheduled meeting reviewed the Planning Commission's
recommendations; and
WHEREAS, on December 10, 2012 the Planning and Community Development
Committee of the Auburn City Council at a regularly scheduled meeting recommended
to the Aubum City Council the approval of amendmerrts to Title 19 (Impact Fees) and
more specifically, Chapter 19 02 (School Impact Fees) pertaining to school impact fees
for single family residential dwelling units and multi-family dwelling units to be applied in
the City of Aubum for the Auburn School District; Dieringer School District, Federal Way
School District, and the Kent School District; respectively, based on the aforementioned
capital facilities plans for each of these districts; and
WHEREAS, the Aubum City Code provides for adjustments to school impaots
fees based on a review of the capital facilities plans for the districts; and
WHEREAS, Section 19.02.060 (Annual Council Review) of the Aubum City Code
spec es that the Auburn City Council will in making its decision to adjust impact fees
take irrto consideration the quality and completeness of the information provided in the
Ordinance No. 6445
November 28, 2012
Page 3 of 7
ORD.D Page 191 of 305
applicable school district capital facilities plan and may decide to enact a fee less than
the amount supported by the capital facilities plan; and
WHEREAS, on December 17, 2012, the Aubum City Council considered the
recommendation of the Planning and Community Deveiopment Committee of the City
Council at a regularly scheduled meeting on December 10, 2012.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1 Amendmerrt to the City Code. Section 19.02.115 of the Aubum City
Code is hereby amended to read as follows.
19.02.115 Impact fee calculation and schedule for the Dieringer School
District.
The impact fee calculation and schedule below is based upon a review of
the impact fee calculation for single-family residences and for muftifamily
residences set forth in the most recent version of the Dieringer School
District Capital Facilities Plan adopted by the Aubum ciry council as an
elemerrt of the Auburn comprehensive plan. The calculation is the
detertnination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to
be funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 28-2013, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $59A-99,005.00
Per Multifamily Dwelling Unit 0.00
Ord. 6393 § 1, 2011, Ord. 6341 § 2, 2011, Ord. 6340 § 1, 2010; Ord.
6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134 § 1, 2007, Ord. 6060 § 1,
2006; Ord. 5950 § 2, 2005.)
Ordinance No. 6445
November 28, 2012
Page 4 of 7
ORD.D Page 192 of 305
Section 2. Amendment to the City Code. Section 19.02.120 of the Auburn City
Code is hereby amended to read as follows.
19.2.120 Impact fee calculation and schedule for the Aubum School
District.
The impact fee calculation and schedule is based upon a review of the
impact fee calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Aubum School
DistricYs Capital Facilities Plan adopted by the Aubum city council as an
element of the Auburn comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to
be funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 2013. -oc the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $a;4 6-88 5 511.69
Per Muitifamily Dweiling Unit 85: 3 380.26
Ord. 6393 § 2, 2011, Ord. 6341 § 2, 2011, Ord. 6340 § 2, 2010; Ord.
6279 § 2, 2009; Ord. 6214 § 2, 2008; Ord. 6134 § 2, 2007, Ord. 6060 § 2,
2006; Ord. 5950 § 1, 2005; Ord. 5793 § 1, 2003, Ord. 5232 § 1, 1999.)
Section 3. Amendment to the City Code. Section 19.02.130 is hereby amended
as follows.
19.02.130 Impact fee calculation and schedule for the Kent School
District.
The impact fee calculation and schedule is based upon a review of the
impact fee and calculation for single-family residences and for muftifamily
residences set forth in the most recent version of the Kent School DistricYs
Capital Facilities Plan adopted by the Aubum city council as an element of
the Aubum comprehensive plan. The calculation is the determination of
the appropriate proportionate share of the costs of public school capital
facilities needed to serve new growth and development to be funded by
school impact fees based on the factors defined in ACC 19.02.020.
Ordinance No. 6445
November 28, 2012
Page 5 of 7
ORD.D Page 193 of 305
Effective January 1, 2013. or the effective date of this ordinance
whichever is later, the school impact fee sliall be as follows:
Per Single-Family Dwelling Unit $5,486.00
Per Multifamity Dwelling Unit 3,378.00
Ord. 6393 § 3, 2011, Ord. 6341 § 2, 2011, Ord. 6340 § 3, 2010; Ord. 6279
3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3, 2007, Ord. 6060 § 3, 2006;
Ord. 5950 § 1, 2005; Ord. 5233§ 1, 1999.)
Section 4 Amendment to the City Code. Section 19.02.140 of the Aubum City
Code is hereby amended to read as follows.
19.U2.140 Impact fee calculation and schedule for the Federal Way
School District.
The impact fee calculation and schedule is based upon a review of the
impact fee and calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Federal Way School
DistricYs Capital Facilities Plan adopted by the Aubum city council as an
elemerit of the Aubum comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and devetopment to
be funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, -2013, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $4,014 00
Per Multifamily Dwelling Unit $3AB 1 381.00
Ord. 6393 § 4, 2011, Ord. 6341 § 2, 2011, Ord. 6340 § 4, 2010; Ord.
6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134 § 4, 2007, Ord. 6060 § 4,
2006; Ord. 6042 § 1, 2006.)
Section 5. Constitutionaliry and Invalidity If any section, subsection sentence,
clause, phrase or portion of this Ordinance, is for any reason held invalid or
Ordinance No. 6445
November 28, 2012
Page 6 of 7
ORD.D Page 194 of 305
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
Section 6. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7 Effective Date. This Ordinance shall take effect and be in force five
days frbm and after its passage, approval and publication as provided by law.
INTRODUCED
PASSED:
APPROVED
PETER B. LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP OVED AS TO FORM:
niel B. 'd, City Attom y
Ordinance No. 6445
November 28, 2012
Page 7 of 7
ORD.D Page 195 of 305
School Impact Fee Proposal
(Effective Year 2013)
Per Adopted Ordinance No. 6393
School
District Multiple Family Single Family
Past 2012
fee, Per
ACC 19.02
& Ord
6393
CFP says: Requested
Amount
Change Past 2012
fee, Per
ACC 19.02
& Ord
6393
CFP says: Requested
Amount
Change
Auburn $2,305.22 $3,380.26
page 28
$3,380.26
Increase
of
$1,075.0
4
$5,486.00 $5,511.69
page 28
$5,511.69 Decrease
of
$45.61
Dieringer $0.00 ($1,684.00)
Page 14
$0.00 No
Change
$3,500.00 $5,322.00
Page 14
$5,322.00 Increase
of
$1,822.00
Federal
Way
$1,253.00
$1,381.00
page 26 &
28
$1,381.00
Increase
of
$128.00
$4,014.00 $4,014.00
Page 26 &
28
$4,014.00 No
Change
Kent $3,378.00 $3,378.00
Page 29 &
30
$3,378.00 No
Change
$5,486.00 $5,486.00
Page 28 &
30
$5,486.00 No
Change
CFP = (School District) Capital Facilities Plan
ORD.D Page 196 of 305
1 Sponsored by: Councflmember Rkk TalbeR
2 Requested by: Plerce County Councii
3
4
6
6
7
8
s ORDIPIANCE NO. 2012-77
o
11
12
13
14
76 An Ordinance of the Pierce County Council Related to School Impact Fees;
s Amending 3ections 4A.30.020, "Impact Fee Calculatfons"
and 4A.30.030, "School Impact Fee Schedule" of the Plerce
ts County Code; Adjusting School Impact Fees for 3pecific
ts School Districts; and Setting an Effective Date. i
20
2 Whereas, the Pierce County Council is authorized by Chapter 82.02 of the
22 Revised Code of Washington (RCV to impose impact fees on behalf of and for the
2a beneTit of the achool districte in Pieroe County; and
24
25 Whereas, pursuant to Pierce County Ordinance No. 96-105s2, school impact
28 fees are collected for residential development in the unincorporated area of Pierce
I27CountyforschooldistrfctsthatmeettherequirementsofTitle4AofthePierceCountyi
2a Code (PCC); and
29
so Whereas, pursuant to PCG 4A.30.010, Pierce County regularly revlews and
3t mod'rfies achool impact fea calculatlons in conjunction wfth the adoption of the capital
3z faciliry plans of the districts; Now Therefore,
33
3a BE IT ORDAfNED by the Council of Pferee County:
36
ss Section 1 Sections 4A.30.020, "Impact Fee Calculations"and 4A.30.030,
3 "Sohool Impact Fee Schedule,"of the Pferce County Code are hereby amended as
38 shown in Exhibft A, which is attached hereto and incorporated herein by reference.
39
40
Ordlnance NO.2012-71 Plerce CouMy Councll
Page 1 of 2 a°*°m"'"Y'an,"u
n...w ceuz
ORD.D Page 197 of 305
i
i
I
i
I
i
I
DISTRIBUTION: X
Pat McCarthy, County Ex@ dtive! `
Pierce County Library J
Municipal ResAerch and Services Center ul
Law Library !` /
State Exaininer V
Susan Long, Legal Counsel r`
Linda Medi, Legal Clerk, j
Book /\ (
School Diatricts %`
Peul Boochi, Council Office v IMichaelTranaue, Council Offide
Keri 12ooney, Executive Offi
AI Rose, Executive Office i
o I 3-- ,nrg
Date nitials
ORD.D Page 198 of 305
a on 2. This Ordinance shall become effective on January 1, 2013.
2
3 PASSED this day of' v b ' 2a12.
4
5 ATTEST PIERCE COUNTY COUNCIL
s Pierce County,Washington
7
8
9 I...`S? `-`---- G(/ u
to Cfe ae D.Johnson ge Bush
t Clerk of the Council C Chair
12
13
C
74
t5 Pat McCarthy
18 Pierce Coun Executive
t Approved Ve d this
e day of
19 2012.
20
21 Date of Publication of
2z Notice of Pubiic Hearing: C("Oe!' l D I
23 p
2a Effective Date of Ordinance: 11F1n Gr_ I ,an I,
2s a -
28
I
Ordlnance No. 2012-71 pierce couMy councn
Pege2of2 cwte
ORD.D Page 199 of 305
i
Exhibit A to Ordinanca No.2012-717
2
3
a Only those porNons of SecNons 4A.30.020 and 4A.30.030 that are proposed to be
5 amended are shown. Remalnder ot text, tables, maps and/or Iigures fs unchanged. i
8
7
8 4A.30.020 Impact Fee Calculattons.
9
10 D. EJJ'ective Jmruary 1, 2002, the Maxtmum Fee ObTrga ion shall be adJusted annually, as
11 tndicated:
12 1 In 1002-Z004, the Maximum Fee Obllgations shal/be adjusled according to the
13 Consumer PrPce Index jor!he Seattle/7'acoma/Bremer on Slandard MeMopolifan
14 Statlstfca!Area, usfng fhe f+rst half of 1997 as the base value.
16 1. In 3005, Ihe Maxtmum Fee Obllgatton shall be increersed by 25 percen!fronr the
18 2004 Maxlmum Fee Obligalion In 2006, he Maximrrm Fee Obiigation sha!!be
17 tncruued by 2Spercent from the IOOS Maxtmum Fee Obligallon. !n 2005 and 2006,
18 the Maxfmmn Fee Oblrgatton shall na be adJusted according to tlre Consumer Price
19 Index.
20 3. Beginning January 1007, Ihe Mmdmum Fee ObllgatTorr shall be adJusled wnually
21 according to the Consumer Pr(ce 7ndex jor the Sead/e/T'acoma/Bremerton Standard
22 Mehopolltan Slafistical area, usfng January 2006 as the base year The most
I
23 recently published lndex shall be ased o ndjuse the fee obltgarion jor rhe followtng
24 year
25 4, Each year•, the adJus ment shall be bro ight forth by ordfnpnce tn conJuction wUh
26 adopllon of{he County Capital FacJltty Alan and arry revtew of rmpac!fees purs rnnl
z7 ro PCC 4h.d8 B38y4 4A.30:010.
28 This subsec lon is s rspended until December 31, 2012,pursuant to Ord rrance No.
29 1011-81s.
30
31
1
71 P erce Co CounctlExhibitAroOrdMancaNo.2012 umy
Page 1 of 2 0T,.
o,,w""
vw016,
z
ORD.D Page 200 of 305
4A.30.030 School Impact Fee Schedule.
2
PER SINGLI-FAMILY PLrR MULTI-FAMQ.Y
DWELLINGUNIT DWELLINGUlV1T
8CHOOL School Z0121mpact Fee Sc6on1 ' 2012 Impact Fee
DISTit1Cf bietrlet Feo (1lxaxlmum Fee Dtstrlet Fea (Mnximum Fee
Cnicui6tlon OAllgetlon Btteetive CAlculatlon Obllgelion EftocUve
for201Z 1l01/12LvS.i S tor2012 1/O1/12651
Bathel 293 53,005 $12,713 1,585
11;424
Cerbonado 0 0 0 0
Dferingor 4,96 3>005 0 0
5;2't
Eatonvilla 4,497 3,005 2,404 1,585 I
Pifa 3;943 S s943 632 S&S
1,143 1,163 Q 0
Frenklin Piarca 10,032 3,005 4,530 S1,585
OAing 3,675 53,005 S2 S55 i
Paninsula 8 632 3,005 4-795 585
3,341 1;917 li
Puyallup h3 9 53,005 3,933 E1,585
3;709 A,395
Steilacoom 2,302 52,305 0 0
Sumner 4,A88 3,005 0 0 i
3,163
White River 0 0 0 0
Yolm 3;954 3,005 S2,S94 I.585
4,450 1,812
3
I4
5 j
i
i
EXhlblt A l0 OfdinenCe No. 2012-71 Piara County Counoil
Page 2 cf 2 0T H,,""'
ORD.D Page 201 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4881
Date:
November 27, 2012
Department:
Public Works
Attachments:
Resolution No. 4881
Exhibit A
Resolution No. 4298
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4881.
Background Summary:
Olympic Pipe Line Company has applied for renewal of their current Public Way
Agreement No 99-02 which was authorized by Resolution No. 4298 (please see attached
document) and is set to expire on February 26, 2013. This agreement is for an existing
14 inch diameter pipeline used for the interstate transportation of petroleum products
located in the right-of-way at the locations specified in Exhibit A of Resolution No 4298.
This pipeline does not serve any customers inside of the city limits nor does the applicant
currently have any plans to offer service inside the city limits. A Public Way Agreement is
required when a commercial utility desires to occupy specific space in the City's right-of-
way for the sole purpose of providing commercial utility services to areas outside the
City.
The current Public Way Agreement was reviewed by city staff and the applicant and it
was determined that the agreement still meets the needs of the City and the applicant
with only minor amendments to the agreement to reflect renewal.
Resolution No. 4881 amends the current agreement to reflect these changes and
authorizes Olympic Pipe Line Company's pipeline facilities to remain in the right-of-way
for an additional five year term per the conditions set forth in PWA 99-02 upon filing with
the City Clerk a Statement of Acceptance which is marked "Exhibit A".
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 202 of 305
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 203 of 305
RESOLUTION NO. 4 8 81
A RESOLUTION OF THE CITY COUNCIL OF THE CIN
OF AUBURN, WASHINGTON, AUTHORIZING THE
RENEWAL OF PUBLIC WAY AGREEMENT (PWA) 99-02
AND AMENDING THE TERMS OF THE AGREEMENT
WHEREAS, Olympic Pipeline Company has applied to the City for
renewal of PWA 99-02, which was authorized by Resolution No. 4298, and
WHEREAS, the City has reviewed the Grantee's renewal application and
determined that renewal of the Public Way Agreement authorized by Resolution
No. 4881 with minor amendments is in the best interest of the City and the
citizens of Aubum.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 7 The City approves Grantee's application for the first renewal
with the amendments and under the conditions set forth in this Resolution.
Section 2. Section 3, "Terms of Agreement" of Resolution No. 4298
is amended to read as follows;
A.This Public Way Agreement shall run for an additional five
year period from the date of execution specified in Section 5.
Section 3. Acceptance of Amendments
Resolution No.4881
PWA 12-36
November 13, 2012
Page 1 of 3
RES.A Page 204 of 305
A.This Amendment and any rights granted hereunder shall
not become effective for any purpose unless and until Grantee files with
the City Clerk the Statement of Acceptance, attached hereto as Exhibit
A", and incorporated by reference. The date that such Statement of
Acceptance is filed with the City Clerk shall be the effective date of the
renewal, which the City has assigned °PWA 12-36"
B.Should the Grantee fail to file the Statement of Acceptance
with the City Clerk within 30 days after the effective Date of the
ordinance approving the Amendatory Renewal, said renewal and
corresponding agreement will automatically terminate and shall be null
and void.
Section 4. Implementation The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legisla6on.
Section 5. Severability The provisions of this resolution are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidiry of
the application thereof to any person or circumstance shall not affect the validity
of the remainder of this resolution, or the validiry of its application to other
persons or circumstances.
Resotution No. 4881
PVNA 12-36
November 13, 2012
Page 2 of 3
RES.A Page 205 of 305
Section 6. Effective date 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 Daskam
APP OVE O FO
I . id
City Attomey
Resolution IVo. 4881
PUVA '12-86
November 13, 2012
Page 3 of 3
RES.A Page 206 of 305
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Resolution No 4881
November 13, 2012
Page 1 of 1
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Olympic Pipe Line Company, for itself, its successors and assigns, hereby accepts and
agrees to be bound by all terms, conditions and provisions of the Public Way
Agreement attached hereto and incorporated herein by this reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________________)
)ss.
COUNTY OF ______________________)
On this ____ day of _______________, 2012, before me the undersigned, a Notary
Public in and for the State of _____________________, duly commissioned and sworn,
personally appeared, ______________________ of ________________________, the
company that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and on oath stated that he/she is authorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
RES.A Page 207 of 305
RESOLUTIONN04298ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFAUBURNWASHINGTONAUTHORIZINGTHEMAYORANDCITYCLERKTOEXECUTEAPUBLICWAYAGREEMENTBETWEENTHECITYOFAUBURNANDOLYMPICPIPELINECOMPANYINCWHEREASOlympicPipeLineCompanyInchasappliedtotheCityforanonexclusivePublicWayAgreementfortherightofentryuseandoccupationofcertainpublicrightsofwaywithintheCityofAuburnexpresslytoinstallconstructerectoperatemaintainrepairrelocateandremoveitsfacilitiesinonuponalongandoracrossthoserightsofwayandWHEREASonFebruary42008theAuburnCityCouncilconductedapublichearingtotakepubliccommentsonOlympicPipeLineCompanysapplicationandWHEREAStheCityhasreviewedOlympicPipeLineCompanysapplicationandtheinformationreceivedatthepublichearingandhasdeterminedthatthelocationofOlympicPipeLineCompanysfacilitieswithintherequestedrightsofwayisinthebestinterestoftheCityandthecitizensofAuburnNOWTHEREFORETHECITYCOUNCILOFTHECITYOFAUBURNKINGCOUNTYWASHINGTONHEREBYRESOLVESasfollowsResolutionNo4298January82008Page1of3
RES.A Page 208 of 305
Section1TheMayoroftheCityofAuburnandtheAuburnCityClerkareherebyauthorizedtoexecuteaPublicWayAgreementbetweentheCityofAuburnandOlympicPipeLineCompanyIncwhichagreementshallbeinsubstantialconformitywiththeAgreementacopyofwhichisattachedheretomarkedasExhibitAandincorporatedhereinbythisreferenceSection2TheMayorisherebyauthorizedtoimplementsuchadministrativeproceduresasmaybenecessarytocarryoutthedirectivesofthislegislationSection3ThisresolutionshallbeinfullforceandeffectuponpassageandsignatureshereonDatedandSignedthisdayof2008CTTVOAUBURIVPETERLEWISMAYORATTESTDielleEDaskamCityClerkResolutionNo4298January82008Page2of3
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ResolutionNo4298January82008Page3of3
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CITYOFAUBURNPUBLICWAYAGREEMENTWITHOLYMPICPIPELINECOMPANYThisPublicWayAgreementisenteredintobyandbetweentheCityofAuburnWashingtonamunicipalcorporationCityandOlympicPipeLineCompanyaDelawarecorporationGranteeWHEREASGranteehasappliedtotheCityforanonexclusivePublicWayAgreementfortherightofentryuseandoccupationofcertainpublicrightsofwaywithintheCityofAuburnexpresslytoinstallconstructerectoperatemaintainrepairrelocateandremoveitsfacilitiesinonuponalongandoracrossthoserightsofwayandWHEREAStheCityhasreviewedtheGranteesapplicationanddeterminedthatthelocationofGranteesfacilitieswithintherequestedrightsofwayisinthebestinterestoftheCityandthecitizensofAuburnNOWTHEREFOREinconsiderationofthemutualbenefitsandconditionssetforthbelowthepartiesheretoagreeasfollowsSection1NoticeAWrittennoticestothepartiesshallbesentbycertifiedmailtothefollowingaddressesunlessadifferentaddressshallbedesignatedinwritinganddeliveredtotheotherpartyCityRightofWayManagerCityofAuburn25WestMainStreetAuburnWA980014998Telephone2539313010Fax2539313048withacopytoCityClerkCityofAuburn25WestMainStreetAuburnWA980014998GranteeOlympicPipeLineCompanyAttentionRightofWayDepartment2319LindAvenueRentonWA98055VersionDate2408PUBLICWAYAGREEMENTPage1
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BAnychangestotheabovestatedGranteeinformationshallbesenttotheCitysRightofWayManagerwithcopiestotheCityClerkreferencingthetitleofthisagreementCTheabovestatedGranteevoiceandfaxtelephonenumbersshallbestaffedatleastduringnormalbusinesshoursof8AMto5PMPacificStandardtimeSection2GrantofRighttoUsePublicWayASubjecttothetermsandconditionsstatedhereintheCitygrantstotheGranteegeneralpermissiontoenteruseandoccupytherightsofwayandotherCityownedpropertyspecifiedinExhibitAattachedheretoandincorporatedbyreferencethePublicWayBTheGranteeisauthorizedtoinstallremoveconstructerectoperatemaintainrelocateandrepairthefacilitiesspecifiedinExhibitBattachedheretoandincorporatedbyreferenceandallnecessaryappurtenancestheretoGranteeFacilitiesforprovisionoftheservicesspecifiedinExhibitBGranteeServicesinalongunderandacrossthePublicWayforthesolepurposeofprovidingGranteeServicestopersonsorareasoutsidetheCityCThisPublicWayAgreementdoesnotauthorizetheuseofthePublicWayforanyfacilitiesorservicesotherthanGranteeFacilitiesandGranteeServicesanditextendsnorightsorprivilegerelativetoanyfacilitiesorservicesofanytypeincludingGranteeFacilitiesandGranteeServiceselsewherewithintheCityDThisPublicWayAgreementisnonexclusiveanddoesnotprohibittheCityfromenteringintootheragreementsincludingPublicWayAgreementsimpactingthePublicWayunlesstheCitydeterminesthatenteringintosuchagreementsinterfereswithGranteesrightsetforthhereinEExceptasexplicitlysetforthhereinthisPublicWayAgreementdoesnotwaiveanyrightsthattheCityhasormayhereafteracquirewithrespecttothePublicWayoranyotherCityroadsrightsofwaypropertyoranyportionsthereofThisPublicWayAgreementshallbesubjecttothepowerofeminentdomainFTheCityreservestherighttochangeregraderelocateabandonorvacatethePublicWayIfatanytimeduringthetermofthisPublicWayAgreementtheCityvacatesanyportionofthePublicWaytheCityshallreserveaneasementforpublicutilitieswithinthatvacatedportionpursuanttoRCW3579030withinwhichtheGranteemaycontinuetooperatetheGranteeVersionDate2408PUBLICWAYAGREEMENTPage2
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FacilitiesunderthetermsofthisPublicWayAgreementfortheremainingperiodsetforthunderSection3GTheGranteeagreesthatitsuseofPublicWayshallatalltimesbesubordinatedtoandsubjecttotheCityandthepublicsneedformunicipalinfrastructuretravelandaccesstothePublicWayexceptasmaybeotherwiserequiredbylawHShouldtheGranteeseektousethePublicWaytoprovideservicesincludingGranteeServicestoCityresidentsorbusinessestheGranteeshallapplyforobtainandcomplywiththetermsofaCityfranchiseagreementforsuchuseSection3TermofAgreementThisPublicWayAgreementshallrunforaperiodoffive5yearsfromthedateofexecutionspecifiedinSection5Section4DefinitionsForthepurposeofthisagreementACCmeanstheAuburnCityCodeConstructorConstructionmeansremovingreplacingandrepairingexistingpipelinesandorFacilitiesandmayincludebutisnotlimitedtodiggingandorexcavatingforthepurposesofremovingreplacingandrepairingexistingpipelinesandorFacilitiesEmergencymeansaconditionofimminentdangertothehealthsafetyandwelfareofPersonsorpropertylocatedwithintheCityincludingwithoutlimitationdamagetoPersonsorpropertyfromnaturalconsequencessuchasstormsearthquakesriotsactsofterrorismorwarsEnvironmentalLawsmeanstheResourceConservationandRecoveryAct42USC6901etseqtheComprehensiveEnvironmentalResponseCompensationandLiabilityAct42USC9601etseqtheHazardousMaterialsTransportationAct49USC1801etseqtheFederalWaterPollutionControlAct33USC1257etseqtheCleanAirAct42USC7401etseqtheToxicSubstancesControlAct15USC2601etseqtheFederalInsecticideFungicideandRodenticideAct7USC136etseqtheOccupationalSafetyandHealthAct29USC651etseqtheWashingtonHazardousWasteManagementActChapter70105RCWandtheWashingtonModelToxicsControlActChapter70105DRCWallasamendedfromtimetotimeandanyothervalidandapplicablefederalstateorlocalstatutecodeorVersionDate2408PUBLICWAYAGREEMENTPage3
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ordinanceorvalidandapplicablefederalorstateadministrativeruleregulationordinanceorderdecreeorothervalidandapplicablegovernmentalauthorityasnoworatanytimehereafterineffectpertainingtotheprotectionofhumanhealthortheenvironmentHazardousSubstancemeansanyhazardoustoxicordangeroussubstancematerialwastepollutantorcontaminantincludingallsubstancesdesignatedundertheResourceConservationandRecoveryAct42USC6901etseqtheComprehensiveEnvironmentalResponseCompensationandLiabilityAct42USC9601etseqtheHazardousMaterialsTransportationAct49USC1801etseqtheFederalWaterPollutionControlAct33USC1257etseqtheCleanAirAct42USC7401etseqtheToxicSubstancesControlAct15USC2601etseqtheFederalInsecticideFungicideRodenticideAct7USC136etseqtheWashingtonHazardousWastemanagementActChapter70105RCWandtheWashingtonModelToxicsControlActChapter70105DRCWallasamendedfromtimetotimeandanyotherfederalstateorlocalstatutecodeorordinanceorlawfulruleregulationorderdecreeorothergovernmentalauthorityasnoworatanytimehereafterineffectThetermshallspecificallyincludePetroleumandPetroleumProductsThetermshallalsobeinterpretedtoincludeanysubstancewhichafterreleaseintotheenvironmentwillormayreasonablybeanticipatedtocausedeathdiseasebehaviorabnormalitiescancerorgeneticabnormalitiesMaintenanceorMaintainshallmeanexaminingtestinginspectingrepairingmaintainingandreplacingtheexistingGranteeFacilitiesoranypartthereofasrequiredandnecessaryforsafeoperationPetroleumorPetroleumProductsshallincludebutisnotlimitedtomotorgasolinedieselfuelandaviationjetfuelandshallexcludenaturalgasRelocationmeanspermanentmovementofGranteefacilitiesrequiredbytheCityandnottemporaryorincidentalmovementofsuchfacilitiesorotherrevisionsGranteewouldaccomplishandchargetothirdpartieswithoutregardtomunicipalrequestRightsofWaymeansthesurfaceandthespaceaboveandbelowstreetsroadwayshighwaysavenuescourtslanesalleyssidewalkseasementsrightsofwaysandsimilarpublicpropertiesandareasSection5AcceptanceofPublicWayAgreementAThisPublicWayAgreementandanyrightsgrantedhereundershallnotbecomeeffectiveforanypurposeunlessanduntilGranteefileswiththeCityClerk1theStatementofAcceptanceattachedheretoasExhibitCandincorporatedbyreference2allverificationsofinsurancecoveragespecifiedVersionDate2408PUBLICWAYAGREEMENTPage4
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underSection15and3thefinancialguaranteesspecifiedinSection16collectivelyPublicWayAcceptanceThedatethatsuchPublicWayAcceptanceisfiledwiththeCityClerkshallbetheeffectivedateofthisPublicWayAgreementBShouldtheGranteefailtofilethePublicWayAcceptancewiththeCityClerkwithin30daysaftertheeffectivedateoftheresolutionapprovingthePublicWayAgreementsaidagreementwillautomaticallyterminateandshallbenullandvoidCTheGranteeacknowledgesandwarrantsbyacceptanceoftherightsandprivilegesgrantedhereinthatithascarefullyreadandfullycomprehendsthetermsandconditionsofthisPublicWayAgreementandiswillingtoanddoesacceptallreasonablerisksofthemeaningoftheprovisionstermsandconditionshereinTheGranteefurtheracknowledgesandstatesthatithasfullystudiedandconsideredtherequirementsandprovisionsofthisPublicWayAgreementandbelievesthatthesameareconsistentwithalllocalstateandfederallawsandregulationscurrentlyineffectincludingtheFederalPipelineSafetyAct49USC60101etseqandthePipelineSafetyCodeofFederalRegulationsTitle49CFRPart186199IfinthefuturetheGranteebecomesawarethataprovisionofthisPublicWayAgreementmaybeunlawfulorinvaliditwillnotusesuchpotentialinvaliditytounilaterallyignoreoravoidsuchprovisionInsteadtheGranteewillpromptlyadvisetheCityofthepotentialinvalidityorillegalityandthepartieswillmeetwithinthirty30daysandendeavorjointlytocuretheinvalidityorillegalitySection6ConstructionandMaintenanceATheGranteeshallapplyforobtainandcomplywiththetermsofallpermitsrequiredunderACCChapter1224foranyworkdoneuponGranteeFacilitiesGranteeshallcomplywithallapplicableCityStateandFederalcodesrulesregulationsandordersinundertakingsuchworkwhichshallbedoneinathoroughandproficientmannerBGranteeagreestocoordinateitsactivitieswiththeCityandallotherutilitieslocatedwithinthePublicWayCTheCityexpresslyreservestherighttoexerciseitspolicepowerstoregulatethemannerinwhichGranteemayperformexcavationorotherworkwithinthePublicWayandmayfromtimetotimepursuanttotheapplicablesectionsofthisPublicWayAgreementrequiretheremovalrelocationandorreplacementthereofinthepublicinterestandsafetyattheexpenseoftheGranteeprovidedsuchexerciseshallnotbeinconflictwithFederalregulations49CFRPart195VersionDate2408PUBLICWAYAGREEMENTPage5
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DBeforecommencinganyworkwithinthePublicWaytheGranteeshallcomplywiththeOneNumberLocatorprovisionsofRCWChapter19122toidentifyexistingutilityinfrastructureEWithinthirty30daysofcompletinganyworkwithinthePublicWaytheGranteeshallprovideupdatedandcorrectedasbuiltdrawingsandasurveyshowingthelocationdepthandothercharacteristicsoftheGranteeFacilitieswithinthePublicWayAgreementAreaFNothinginthisPublicWayAgreementshallbedeemedtoimposeanydutyorobligationupontheCitytodeterminetheadequacyorsufficiencyofGranteesplansanddesignsortoascertainwhetherGranteesproposedoractualconstructiontestingmaintenancerepairsreplacementorremovalisadequateorsufficientorinconformancewiththeplansandspecificationsreviewedbytheCitySection7RepairandEmergencyWorkAIntheeventofanemergencytheGranteemaycommencesuchrepairandemergencyresponseworkasrequiredunderthecircumstancesprovidedthattheGranteeshallimmediatelynotifytheValleyRegionalFireAuthorityofthesituationbymeansofacalltothe911dispatchsystemGranteeshallalsonotifytheCityRightofWayManagerinwritingaspromptlyaspossiblebeforesuchrepairoremergencyworkcommencesorassoonthereafteraspossibleifadvancenoticeisnotpracticableTheCitymayactatanytimewithoutpriorwrittennoticeinthecaseofemergencybutshallnotifytheGranteeaspromptlyaspossibleunderthecircumstancesBGranteeagreestoprovidetheValleyRegionalFireAuthorityandtheCityOfficeofEmergencyManagementonrequestinformationregardingGranteesFacilitiesandEmergencyResponsePlanningSection8DamagestoCityandThirdPartyPropertyGranteeagreesthatshouldanyofitsactionsunderthisPublicWayAgreementimpairsordamagesanyCitypropertysurveymonumentorpropertyownedbyathirdpartyGranteewillrestoreatitsowncostandexpensesaidpropertytoasafeconditionSuchrepairworkshallbepromptlyperformedandcompletedtothesatisfactionoftheCityEngineerSection9LocationPreferenceAAnystructureequipmentappurtenanceortangiblepropertyofaprivatelyownedutilityotherthantheGranteeswhichwasinstalledconstructedcompletedorinplacepriorintimetoGranteesapplicationforapermittoconstructVersionDate2408PUBLICWAYAGREEMENTPage6
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orrepairGranteeFacilitiesunderthisPublicWayAgreementshallhavepreferenceastopositioningandlocationwithrespecttotheGranteeFacilitiesHowevertotheextentthattheGranteeFacilitiesarecompletedandinstalledpriortoneworadditionalstructuresequipmentappurtenancesortangiblepropertyofanearlierprivatelyownedutilitybeinginstalledorcompletedthentheGranteeFacilitiesshallhavepriorityTheserulesgoverningpreferenceshallcontinueintheeventofthenecessityofrelocatingorchangingthegradeofanysuchCityroadorrightofwayArelocatingutilityshallnotnecessitatetherelocationofanotherutilitythatotherwisewouldnotrequirerelocationThisSectionshallnotapplytoanyCityfacilitiesorutilitiesthatmayinthefuturerequiretherelocationofGranteeFacilitiesSuchrelocationsshallbegovernedbySection11BGranteeshalllocateitspipelineinaccordancewithfederalpipelineregulationsandshallmaintainspacingfromwaterpipesandotherutilitiesasrequiredunder49CFR195250Section10GranteeInformationAGranteeagreestosupplyatnocosttotheCityreasonableinformationregardingthelocationandgeneraldescriptionofGranteesFacilitieswithintheCitytotheDirectorofPublicWorksorRightofWayManagerSaidinformationshallincludeataminimumasbuiltdrawingsofGranteeFacilitiesinstallationinventoryandmapsandplansshowingthelocationofexistingorplannedfacilitieswithintheCitySaidinformationmayberequestedeitherinhardcopyandorelectronicformatcompatiblewiththeCitysdatabasesystemasnoworhereinafterexistingincludingtheCitysgeographicinformationServiceGISdatabaseGranteeshallkeeptheRightofWayManagerinformedofitslongrangeplansforcoordinationwiththeCityslongrangeplansBThepartiesunderstandthatWashingtonlawlimitstheabilityoftheCitytoshieldfrompublicdisclosureanyinformationgiventotheCityAccordinglythepartiesagreetoworktogethertoavoiddisclosuresofinformationwhichwouldresultineconomiclossordamagetoGranteebecauseofmandatorydisclosurerequirementstothirdpersonsTheCityshallgiveGranteereasonablenoticeofpublicrecordsrequestsforGranteedocumentsandGranteeshallindemnifyandholdharmlesstheCityforanylossorliabilityforcostsforattorneysfeesbecauseofnondisclosuresrequestedbyGranteeorenjoinedbyacourtpursuanttoamotionbroughtbytheGranteeunderWashingtonsopenpublicrecordslawSection11RelocationofGranteeFacilitiesAExceptasotherwisesorequiredbylawGranteeagreestorelocateremoveorrerouteitsfacilitiesatitssoleexpenseandliabilityandatnoexpenseorliabilitytotheCityorasfurtherprovidedbyTitle20ACCasorderedVersionDate2408PUBLICWAYAGREEMENTPage7
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bytheCityEngineeranduponthreehundredsixty360dayswrittennoticefromtheCityPursuanttotheprovisionsofSection14GranteeagreestoprotectandsaveharmlesstheCityfromanycustomerorthirdpartyclaimsforserviceinterruptionorotherlossesinconnectionwithanysuchchangerelocationabandonmentorvacationofthePubicWayBIntheeventthatthePublicWayshallbecomeaPrimaryStateHighwayasprovidedbylawtheStateDepartmentofTransportationmayordertheGranteetoperformorundertakeatitssoleexpensechangestothelocationofGranteeFacilitiessothatthesameshallnotinterferewithsuchstatehighwayandsothatsuchfacilitiesshallconformtosuchnewgradesorroutesasmaybeestablishedCIfareadjustmentorrelocationoftheGranteeFacilitiesisnecessitatedbyarequestfromapartyotherthantheCitythatpartyshallpaytheGranteetheactualcoststhereofHoweverintheeventtheCityreasonablydeterminesandnotifiestheGranteethattheprimarypurposeforrequiringsuchchangestoorrelocationoftheGranteesfacilitiesbyathirdpartyistocauseorfacilitatetheconstructionofanImprovementProjectconsistentwiththeCityCapitalInvestmentPlanTransportationImprovementProgramortheTransportationFacilitiesProgramorothersimilarplanthentheGranteeshallchangeorotherwiserelocateitsFacilitiesatGranteessolecostexpenseandriskSection12AbandonmentandorRemovalofGranteeFacilitiesAWithinonehundredandeighty180daysofGranteespermanentcessationofuseoftheGranteeFacilitiesoranyportionthereoftheGranteeshallattheCitysdiscretioneitherabandoninplaceorremovetheaffectedfacilitiesBIntheeventoftheabandonmentrelocationorremovalofalloraportionofthepipelinesorFacilitiesGranteeshallatitsowncostrestorethePublicWaytoasgoodorbetterconditionasitwasinbeforetheworkbeganCIftheCityandtheGranteeagreethatalloraportionoftheGranteeFacilitiesshouldbeabandonedinplacetheGranteemaypurgeitsFacilitiesandabandontheminplaceDGranteeshallberesponsibleforthepreparationandcostofanyenvironmentalreviewrequiredfortheabandonmentrelocationorremovalofGranteeFacilitiesTheCitysconsenttotheabandonmentofGranteeFacilitiesinplaceshallnotrelievetheGranteeoftheobligationandcoststoremoveortoaltersuchFacilitiesinthefutureintheeventtheCityorothergovernmentalentitywithauthorityovertheGranteeFacilitiesreasonablydeterminesthatVersionDate2408PUBLICWAYAGREEMENTPage8
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removaloralterationsisnecessaryoradvisableforthehealthandsafetyofthepublicEThepartiesexpresslyagreethatthisSectionshallsurvivetheexpirationrevocationorterminationofthisPublicWayAgreementSection13UndergroundingThisSectionintentionallyleftblankSection14IndemnificationandHoldHarmlessATheGranteeshalldefendindemnifyandholdtheCityanditsofficersofficialsagentsemployeesandvolunteersharmlessfromanyandallcostsclaimsinjuriesdamageslossessuitsorliabilitiesofanynatureincludingattorneysfeesarisingoutoforinconnectionwiththeGranteesperformanceunderthisPublicWayAgreementexcepttotheextentsuchcostsclaimsinjuriesdamageslossessuitsorliabilitiesarecausedbythenegligenceoftheCityBTheGranteeshallholdtheCityharmlessfromanyliabilityarisingoutoforinconnectionwithanydamageorlosstotheGranteeFacilitiescausedbymaintenanceandorconstructionworkperformedbyoronbehalfoftheCitywithinthePublicWayoranyotherCityroadrightofwayorotherpropertyexcepttotheextentanysuchdamageorlossisdirectlycausedbythenegligenceoftheCityoritsagentperformingsuchworkCTheindemnificationsetforthinSection14AshallincludecostsclaimsinjuriesdamageslossessuitsorliabilitiesarisingfromaGranteesviolationofanyEnvironmentalLawsapplicabletotheFacilitiesorbfromanyreleaseofaHazardousSubstanceonorfromtheFacilitiesThisindemnityincludesbutisnotlimitedtoaliabilityforagovernmentalagencyscostsofremovalorremedialactionforHazardousSubstancesbdamagestonaturalresourcescausedbyHazardousSubstancesincludingthereasonablecostsofassessingsuchdamagescliabilityforanyotherpersonscostsofrespondingtoHazardousSubstancesanddliabilityforanycostsofinvestigationabatementcorrectioncleanupfinespenaltiesorotherdamagesarisingunderanyEnvironmentalLawsandeliabilityforpersonalinjurypropertydamageoreconomiclossarisingunderanystatutoryorcommonlawtheoryDTheGranteeacknowledgesthatneithertheCitynoranyotherpublicagencywithresponsibilityforfirefightingemergencyrescuepublicsafetyorsimilardutieswithintheCityhasthecapabilitytoprovidetrenchclosetrenchorconfinedspacerescueTheGranteeanditsagentsassignssuccessorsorcontractorsshallmakesucharrangementsasGranteedeemsfitfortheprovisionofsuchservicesTheGranteeshallholdtheCityharmlessfromanyVersionDate2408PUBLICWAYAGREEMENTPage9
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liabilityarisingoutoforinconnectionwithanydamageorlosstotheGranteefortheCitysfailureorinabilitytoprovidesuchservicesandpursuanttothetermsofSection14AtheGranteeshallindemnifytheCityagainstanyandallthirdpartycostsclaimsinjuriesdamageslossessuitsorliabilitiesbasedontheCitysfailureorinabilitytoprovidesuchservicesEShouldacourtofcompetentjurisdictiondeterminethatthisAgreementissubjecttoRCW424115thenintheeventofliabilityfordamagesarisingoutofbodilyinjurytopersonsordamagestopropertycausedbyorresultingfromtheconcurrentnegligenceoftheGranteeandtheCityitsofficersofficialsemployeesandvolunteerstheGranteesliabilityhereundershallbeonlytotheextentoftheGranteesnegligenceItisfurtherspecificallyandexpresslyunderstoodthattheindemnificationprovidedhereinconstitutestheCitysandGranteeswaiversofimmunityunderIndustrialInsuranceTitle51RCWsolelyforthepurposesoftheindemnificationssetforthinthisSection14ThiswaiverhasbeenmutuallynegotiatedbythepartiesTheprovisionsofthissectionshallsurvivetheexpirationorterminationofthisAgreementFAcceptancebytheCityofanyworkperformedbytheGranteeshallnotbegroundsforavoidanceofthissectionSection15InsuranceATheGranteeshallprocureandmaintainforthedurationoftheAgreementinsuranceagainstclaimsforinjuriestopersonsordamagetopropertywhichmayarisefromorinconnectionwiththeperformanceoftheworkhereunderbytheConsultantitsagentsrepresentativesoremployeesintheamountsandtypessetforthbelow1AutomobileLiabilityinsurancecoveringallownednonownedhiredandleasedvehicleswithaminimumcombinedsinglelimitforbodilyinjuryandpropertydamageof2000000peraccidentCoverageshallbewrittenonInsuranceServicesOfficeISOformCA0001orasubstituteformprovidingequivalentliabilitycoverageIfnecessarythepolicyshallbeendorsedtoprovidecontractualliabilitycoverage2CommercialGeneralLiabilityinsurancewithlimitsnolessthan100000000eachoccurrence100000000generalaggregateanda2000000productscompletedoperationsaggregatelimitCoverageshallbewrittenonISOoccurrenceformCG0001orequivalentandshallcoverliabilityarisingfrompremisesoperationsindependentcontractorsproductscompletedoperationsandpersonalinjuryandadvertisinginjuryandliabilityassumedunderaninsuredcontractAggregatelimitof100000000canbesatisfiedbyExcessLiabilityThereshallbenoendorsementormodificationoftheCommercialGeneralLiabilityinsuranceforliabilityarisingfromexplosioncollapseorVersionDate2408PUBLICWAYAGREEMENTPage10
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undergroundpropertydamageTheCityshallbenamedasanadditionalinsuredundertheGranteesCommercialGeneralLiabilityinsurancepolicywithrespecttotheworkperformedunderthisPublicWayAgreementusingISOAdditionalInsuredEndorsementCG20101001andAdditionalInsuredCompletedOperationsendorsementCG20373WorkersCompensationcoverageasrequiredbytheIndustrialInsurancelawsoftheStateofWashingtonEmployersLiability2000000peroccurrenceStopGapLiabilityincludedinEmployersLiabilityBTheinsurancepoliciesaretocontainorbeendorsedtocontainthefollowingprovisionsforAutomobileLiabilityandCommercialGeneralLiabilityinsurance1TheGranteesinsurancecoverageshallbeprimaryinsuranceasrespectstheCityAnyinsuranceselfinsuranceorinsurancepoolcoveragemaintainedbytheCityshallbeinexcessoftheGranteesinsuranceandshallnotcontributewithit2TheGranteesinsuranceshallbeendorsedtostatethatcoverageshallnotbecancelledbyeitherpartyexceptafterthirty30dayspriorwrittennoticehasbeengiventotheCityCAcceptabilityofInsurersInsuranceistobeplacedwithinsurerswithacurrentAMBestratingofnotlessthanAVIIorequivalentDVerificationofCoverageGranteeshallfurnishtheCitywithoriginalcertificatesandacopyofamendatoryendorsementsincludingbutnotnecessarilylimitedtotheadditionalinsuredendorsementorequivalentevidencingtheinsurancerequirementsoftheConsultantbeforecommencementoftheworkEAnydeductiblesshallbethesoleresponsibilityoftheGranteeTheinsurancecertificaterequiredbythisSectionshallcontainaclausestatingthatcoverageshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbroughtexceptwithrespecttotheaggregatelimitsoftheinsurersliabilityFGranteesmaintenanceofinsuranceasrequiredbythisAgreementshallnotbeconstruedtolimittheliabilityofGranteetothecoverageprovidedbysuchinsuranceorotherwiselimittheCitysrecoursetoanyremedytowhichtheCityisotherwiseentitledatlaworinequityGSection14IndemnificationandHoldHarmlessandthisSection15InsuranceshallsurvivetheterminationofthisAgreementandshallcontinueVersionDate2408PUBLICWAYAGREEMENTPage11
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foraslongasGranteeFacilitiesremainoperatinginthePublicWayoruntilanewPublicWayAgreementsupersedesthisAgreementSection16PerformanceSecurityPursuanttoACCChapter2010theGranteeshallprovidetheCitywithasecuritybondasspecifiedinACCSection2010250inaformandsubstanceacceptabletotheCitysecuringtheGranteesfaithfulcompliancewiththetermsofthisPublicWayAgreementSuchguaranteesshallbeintheamountoffiftythousanddollars5000000Section17SuccessorsandAssigneesAAlltheprovisionsconditionsregulationsandrequirementshereincontainedshallbebindinguponthesuccessorsassignsofandindependentcontractorsoftheGranteeandallrightsandprivilegesaswellasallobligationsandliabilitiesoftheGranteeshallinuretoitssuccessorsassigneesandcontractorsequallyasiftheywerespecificallymentionedhereinwherevertheGranteeismentionedBThispublicwayagreementshallnotbeleasedassignedorotherwisealienatedwithouttheexpressconsentoftheCitybyresolutionwhichapprovalshallnotbeunreasonablywithheldCGranteeandanyproposedassigneeortransfereeshallprovideandcertifythefollowingtotheCitynotlessthan120dayspriortotheproposeddateoftransferaCompleteinformationsettingforththenaturetermandconditionsoftheproposedassignmentortransferbAllinformationrequiredbytheCityofanapplicantforaPublicWayAgreementwithrespecttotheproposedassigneeortransfereeandcAnapplicationfeewhichshallbesetbytheCityplusanyothercostsactuallyandreasonablyincurredbytheCityinprocessingandinvestigatingtheproposedassignmentortransferSection18DisputeResolutionAIntheeventofadisputebetweentheCityandtheGranteearisingbyreasonofthisAgreementthedisputeshallfirstbereferredtotheoperationalofficersorrepresentativesdesignatedbyGrantorandGranteetohaveoversightovertheadministrationofthisAgreementTheofficersorrepresentativesshallmeetwithinfifteen15calendardaysofeitherpartysrequestforameetingwhicheverrequestisfirstandthepartiesshallmakeagoodfaithefforttoachievearesolutionofthedisputeBIfthepartiesfailtoachievearesolutionofthedisputeinthismannereitherpartymaythenpursueanyavailablejudicialremediesThisVersionDate2408PUBLICWAYAGREEMENTPage12
RES.A Page 222 of 305
PublicWayAgreementshallbegovernedbyandconstruedinaccordancewiththelawsoftheStateofWashingtonIntheeventanysuitarbitrationorotherproceedingisinstitutedtoenforceanytermofthisAgreementthepartiesspecificallyunderstandandagreethatvenueshallbeexclusivelyinKingCountyWashingtonTheprevailingpartyinanysuchactionshallbeentitledtoitsattorneysfeesandcostsofsuitwhichshallbefixedbythejudgehearingthecaseandsuchfeesshallbeincludedinthejudgmentSection19EnforcementandRemediesAIftheGranteeshallwillfullyviolateorfailtocomplywithanyoftheprovisionsofthisPublicWayAgreementthroughwillfulintentorgrossnegligenceorshoulditfailtoheedorcomplywithanynoticegiventoGranteeundertheprovisionsofthisagreementtheCitymayatitsdiscretionprovideGranteewithwrittennoticetocurethebreachwithinthirty30daysofnotificationIftheCitydeterminesthebreachcannotbecuredwithinthirtydaystheCitymayspecifyalongercureperiodandconditiontheextensionoftimeonGranteessubmittalofaplantocurethebreachwithinthespecifiedperiodcommencementofworkwithintheoriginalthirtydaycureperiodanddiligentprosecutionoftheworktocompletionIfthebreachisnotcuredwithinthespecifiedtimeortheGranteedoesnotcomplywiththespecifiedconditionstheGranteeanditssuccessorsorassigneesshallforfeitallrightsconferredhereunderandthePublicWayAgreementmayberevokedorannulledbytheCitywithnofurthernotificationBShouldtheCitydeterminethatGranteeisactingbeyondthescopeofpermissiongrantedhereinforGranteeFacilitiesandGranteeServicestheCityreservestherighttocancelthisPublicWayAgreementuponthirtydays30writtennoticetoGranteeandrequiretheGranteetoapplyforobtainandcomplywithallapplicableCitypermitsfranchisesorotherCitypermissionsforsuchactionsandiftheGranteesactionsarenotallowedundertheAuburnCityCodetocompelGranteetoceasesuchactionsSection20CompliancewithLawsandRegulationsAThisPublicWayAgreementissubjecttoandtheGranteeshallcomplywithallapplicablefederalandstateorCitylawsregulationsandpoliciesincludingallapplicableelementsoftheCityscomprehensiveplaninconformancewithfederallawsandregulationsaffectingperformanceunderthisPublicWayAgreementFurthermorenotwithstandinganyothertermsofthisagreementappearingtothecontrarytheGranteeshallbesubjecttothepolicepoweroftheCitytoadoptandenforcegeneralordinancesnecessarytoprotectthesafetyandwelfareofthegeneralpublicinrelationtotherightsgrantedinthePublicWayprovidedthatsaidordinancesarenotinconflictwithfederalpipelinesafetyregulationsVersionDate2408PUBLICWAYAGREEMENTPage13
RES.A Page 223 of 305
BTheCityreservestherightatanytimetoamendthisPublicWayAgreementtoconformtoanyhereafterenactedamendedoradoptedmandatoryfederalorstatestatuteorregulationrelatingtothepublichealthsafetyandwelfareorrelatingtoroadwayregulationoraCityOrdinanceenactedpursuanttosuchfederalorstatestatuteorregulationuponprovidingGranteewiththirty30dayswrittennoticeofitsactionsettingforththefulltextoftheamendmentandidentifyingthestatuteregulationorordinancerequiringtheamendmentSaidamendmentshallbecomeautomaticallyeffectiveuponexpirationofthenoticeperiodunlessbeforeexpirationofthatperiodtheGranteemakesawrittencallfornegotiationsoverthetermsoftheamendmentIfthepartiesdonotreachagreementastothetermsoftheamendmentwithinthirty30daysoftheinitialnoticetheCitymayenacttheproposedamendmentbyincorporatingtheGranteesconcernstothemaximumextenttheCitydeemspossibleCTheCitymayterminatethisPublicWayAgreementuponthirty30dayswrittennoticetotheGranteeiftheGranteefailstocomplywithsuchamendmentormodificationSection21LicenseTaxandOtherChargesThisPublicWayAgreementshallnotexempttheGranteefromanyfuturelicensetaxorchargewhichtheCitymayhereinafteradoptpursuanttoauthoritygrantedtoitunderstateorfederallawforrevenueorasreimbursementforuseandoccupancyofpublicwaysSection22ConsequentialDamagesLimitationNotwithstandinganyotherprovisionofthisAgreementinnoeventshalleitherpartybeliableforanyspecialincidentalindirectpunitiverelianceconsequentialorsimilardamagesSection23SeverabilityIfanyportionofthisPublicWayAgreementisdeemedinvalidtheremainderportionsshallremainineffectSection24TitlesThesectiontitlesusedhereinareforreferenceonlyandshouldnotbeusedforthepurposeofinterpretingthisPublicWayAgreementVersionDate2408PUBLICWAYAGREEMENTPage14
RES.A Page 224 of 305
DATEDandSIGNEDthisdayofte20CITYOFAUBURN4rPETERBLEWISMAYORATTESTi1DaelleEDaskamCityClerkVersionDate2408PUBLICWAYAGREEMENTPage15APPROVEDASTOFORM
RES.A Page 225 of 305
NESYO100Fwltb0FMNRHLPNOPARGELLegendHandvalveIntersectionPointMainlinepipelinetSchoolNRoadHydroCitynameMilepostsIndianReservBdryCWashOreParcelAuburnboundary130MilePostj124V
RES.A Page 226 of 305
EXHIBITBA14inchdiameterpipelinefortheinterstatetransportationofpetroleumproductsNolocalserviceisprovidedThepipelinelocationisshowninExhibitA
RES.A Page 227 of 305
EXHIBITCSTATEMENTOFACCEPTANCEOlympicPipeLineCompanyforitselfitssuccessorsandassignsherebyacceptsandagreestobeboundbyalllawfultermsconditionsandprovisionsofthePublicWayAgreementattachedheretoandincorporatedhereinbythisreferenceOLYMPICPIPELINECOMPANY1rByCcetDateNamenctlTitlestSTATEOFssCOUNTYOFcOnthisdayofrfrtCrG2008beforemetheundersignedaNotaryPublicinandfortheStateofifidulycommissionedandswornpersonallyappearedfr1crofOlympicPipeLineCompanythecompanythatexecutedthewithinandforgoinginstrumentandacknowledgedthesaidinstrumenttobethefreeandvoluntaryactanddeedofsaidcompanyfortheusesandpurposesthereinmentionedandonoathstatedthathesheisauthorizedtoexecutesaidinstrumentINWITNESSWHEREOFIhavehereuntosetmyhandandaffixedmyofficialsealonthedatehereinabovesetforthSignatureaoTomNOTARYPUBLICinandfortheStateofaaczresidingatttfitCViciFaMYCMMISSINEXPIREStVersionDate11082007PUBLICWAYAGREEMENTPage16
RES.A Page 228 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4887
Date:
December 11, 2012
Department:
Administration
Attachments:
Resolution 4887
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution 4887.
Background Summary:
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Partridge Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 229 of 305
RESOLUTION NO. 4 8 8 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE
LEASE AGREEMENT BETWEEN THE CITY OF
AUBURN AND CONGRESSMAN DAVE REICHERT,
A MEMBER OF THE U S HOUSE OF
REPRESENTATIVES
WHEREAS, the City owns office space property located at 2nd First
Street Southeast in Auburn, Washington, and
WHEREAS, Congressman Dave Reichert, a member of the U S House
of Representatives, desires to lease a part of suite A of the office property at a
cost that is acceptable to the City
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and the Auburn City Clerk are hereby
authorized to execute a Lease Agreement between the City of Auburn and
Congressman Dave Reichert, which lease shall be in substantial conformity
with the District Office 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.
Resolution No. 4887
December 7, 2012
Page 1 of 2 iRES.B Page 230 of 305
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 20
CITY OF AUBURN
PETER B LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
AP PR AS TO FORM:
Daniel B Heid, City Attorney
Resolution No. 4887
December 7, 2012
Page 2 of 2RES.B Page 231 of 305
District Office lease — Instructions
NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN
APPROVED BY THE ADMINISTRATIVE COUNSEL.
The term for a District Office Lease for the 1131h Congress may not commence prior to January
3,2013.
Members should endeavor to lease space through the last day of a congressional term rather
than the last day of a calendar year For the 1131h Congress,leases should end on January 2,
2015,not December 31,2014.
The preamble has three blank lines to be filled in: (1)Landlord's name; (2) Landlord's address;
and(3) Member/Member-Elect's name.
Section 1 has three blank lines to be filled in: (1) Square footage of office that is being leased
optional);(2) Street address of office being leased; and(3)City, state and ZIP code where office
is being leased.
Section 2 has four boxes that can be checked on whether any parking is included in the lease—
two of the options each have a blank line to be filled in if the lease includes any assigned and/or
unassigned parking spaces.
Section 3 has two blank lines to be filled in: (1) Date lease begins(must be on or after January 3,
2013); and(2) Date lease ends(must be on or before January 2,2015).
Section 4 has one blank line for the monthly rent amount(write"zero" if no rent is to be paid).
Section 5 has one blank line—the number of days' notice required for either party to terminate
the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If
the lease may not be terminated early, enter`N/A" in this blank.
Sections 1-10,other than filling in the blanks, may not be altered or deleted.
Section 11 has space provided to list any additional lease provisions.
Prior to either party signing a lease,the Member/Member-Elect must submit the proposed
lease,accompanied by a copy of the District Office Lease Attachment for the I IP
Congress,to the Administrative Counsel for review and approval. If the proposed terms and
conditions of the lease are determined to be in compliance with applicable law and House Rules
and Regulations, the Administrative Counsel will notify the Member/Member-Elect that(s)he
may proceed with the signing of the lease. Please submit the proposed lease and District Office
Lease Attachment either by e-mail in PDF form (leases n mail.house.gov)or fax (202-225-6999).
The Member/Member-Elect is required to personally sign the documents. A signed and
dated District Office Lease Attachment must accompany this lease.
Once signed by both parties, the Lease and the District Office Lease Attachment must be
submitted to the Administrative Counsel for final approval. They may be sent by email in PDF
form or faxed to 202-225-6999,but the originals still must be submitted by inter office mail(217
Ford House Office Building, Washington, D.C. 20515)after emailing or faxing.
If approved,Administrative Counsel will send them to Finance so that payment can begin. If
there are errors,you will be contacted and required to correct them before the lease is approved.
RES.B Page 232 of 305
V.S. Yfouse of Representatives
Washington, D C. 20515
District Office Lease
Page 1 of 2-113'"Congress)
Pursuant to 2 U.S.C. § 57,and the Regulations of the Committee on House Administration(as modified
from time to time by Committee Order)relating to office space in home districts, the City of Auburn,Washington
25 W Main Street,Auburn,WA 98001
Landlord's name) Landlord's street address,city,state,ZIP code)
Lessor"), and Congressman Dave Reichert a Member/Member-Fleet-of the U.S. House of
Representatives ("Lessee"), agree as follows:
1. Location. Lessor shall lease to Lessee square feet of office space located at
Part of Suite A,2 1st Street SE
Office street address)
in the city,state and ZIP code of Auburn,WA 98001
Office city state and ZIP)
2. Parking. The Lease includes(please check any and all that apply):
parking spaces that are assigned
parking spaces that are unassigned
General off-street parking on an as available basis
0 No off-street parking
3. Term. Lessee shall have and hold the leased premises for the period beginning
January 3 2013 and ending December 31
12014
The term of this
District Office Lease("LEASE")may not exceed two years and may not extend beyond January
2, 2015, which is the end of the constitutional term of the Congress to which the Member is
elected.
4.Rent. The monthly rent shall be $75.00 and is payable in arrears on or before the
last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily
basis for any fraction of a month of occupancy
5. Early Termination. This Lease may be terminated by either party giving 30 days' prior
written notice to the other party The commencement date of such termination notice shall be the
date such notice is delivered or, if mailed,the date such notice is postmarked.
6. Payments. During the term of this Lease,rent payments under Section 4 shall be remitted to the
Lessor by the Chief Administrative Officer of the U.S. House of Representatives("CAO")on
behalf of the Lessee.
7 District Office Lease Attachment for 113'h Congress. The District Office Lease Attachment
attached hereto is incorporated herein by reference,and this Lease shall have no force or effect
unless and until accompanied by an executed District Office Lease Attachment for the 113"
Congress.
8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile
copy, each of which shall be deemed to be an original but all of which together shall be deemed
to be one and the same instrument.
RES.B Page 233 of 305
v.S. .9fouse of Representatives
Washington, D.C. 20515
District OTfia Lease
Page 2 of 2—113"Congress)
9. Section Headings. The section headings of this Lease are for convenience of reference only and
shall not be deemed to limit or affect any of the provisions hereof.
10. Modifications. Any amendments, additions or modifications to this Lease inconsistent with
Sections I through 9 above shall have no force or effect to the extent of such inconsistency
11. Other Additionally,the Lessor and the Lessee agree to the following:
City to pay all utilities except phone and internet/data. Tenant to be responsible
for custodial services within the leased premises, and for expendables such as
light bulbs, furnace or air filters.
IN WITNESS WHEREOF,the parties have duly executed this District Office Lease as of the later date
written below by the Lessor or the Lessee.
Peter B Lewis, Mayor
Print Name(Lessor/Landlord) Print Name(Lessee)
Lessor Signature Lessee Signature
Date Date
This District Office Lease must be accompanied by an executed District Office Lease Attachment.
RES.B Page 234 of 305
District Office Lease Attachment- instructions
The District Office Lease Attachment("Attachment") is a four-page document that must accompany
every Lease or District Office Lease Amendment("Amendment")that is submitted for a
Member/Member-Elect's District Office.
NO LEASE,AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL.
The term of a District Office Lease or Amendment for the 113'"Congress may not commence
prior to January 3,2013.
Members should endeavor to lease space through the last day of a congressional term rather than
the last day of a calendar year For the 113'h Congress,leases should end on January 2,2015, not
December 31,2014.
Four things are required:
1 The signature of the Landlord and date;
2. The signature of the Member/Member-Elect of Congress and date;
3. Contact information for the person in the Member/Member-Elect's office whom we should call if
there are any problems or questions(scheduler,etc.); and
4 The signature from the Office of the Administrative Counsel.
A few things to keep in mind:
The Member/Member-Elect is required to personally sign the documents.
The Attachment SHALL NOT have any provisions deleted or changed.
Even if rent is zero, an Attachment is still required.
Prior to either party signing a Lease or Amendment, the Member/Member-Elect must
submit the proposed Lease or Amendment,accompanied by a copy of the Attachment,to
the Administrative Counsel for review and approval. If the Administrative Counsel
determines that the proposed terms and conditions of the Lease or Amendment are in compliance
with applicable law and House Rules and Regulations,the Administrative Counsel will notify the
Member/Member-Elect that(s)he may proceed with the execution of the Lease or Amendment.
Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form
leases @mail.house.gov)or by fax (202-225-6999).
Once signed by both parties, the Lease or Amendment and the Attachment must be submitted to
the Administrative Counsel for final approval. The Attachment should be submitted at the same
time the Lease or Amendment is sent to the Administrative Counsel. They may be sent by email
in PDF form or faxed to(202-225-6999), but the originals still must be submitted by interoffice
mail (217 Ford House Office Building, Washington, D.C. 20515)after entailing or faxing.
Without a properly signed and submitted Attachment, the Lease or Amendment cannot be
approved and payments will not be made.
The parties agree that any charges for default, early termination or cancellation of the Lease or
Amendment which result from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and are not reimbursable from the Member's Representational
Allowance.
RES.B Page 235 of 305
V.S. 7fouse of Representatives
Washington, D C. 20515
District Office lease Attachment
Page 1 of 4—113'"Congress)
1. Incorporated District Office Lease Attachment. Lessor(Landlord)and Lessee
Member/Member-Elect of the U.S. House of Representatives)agree that this District Office
Lease Attachment("Attachment") is incorporated into and made part of the Lease(`Lease")and,
if applicable,District Office Lease Amendment("Amendment")to which it is attached.
2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives
House'')nor its Officers are liable for the performance of the Lease. Lessor further expressly
acknowledges that payments made by the Chief Administrative Officer of the House("CAO")to
Lessor to satisfy Lessee's rent obligations under the Lease—which payments are made solely on
behalf of Lessee in support of his/her official and representational duties as a Member of the
House—shall create no legal obligation or liability on the part of the CAO or the House
whatsoever Lessee shall be solely responsible for the performance of the Lease and Lessor
expressly agrees to look solely to Lessee for such performance.
3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for
the CAO('Administrative Counsel")must review and give approval of any amendment to the
Lease prior to its execution.
4. Compliance with House Rules and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid,and the CAO will not authorize the disbursement
of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that
it complies with the Rules of the House and the Regulations of the Committee on House
Administration, and approved the Lease by signing on page 4 of this Attachment.
5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the
dispute before contacting Lessee.
6. Void Provisions. Any provision in the Lease purporting to require the payment of a security
deposit shall have no force or effect. Furthermore,any provision in the Lease purporting to vary
the dollar amount of the rent specified in the Lease by any cost of living clause, operating
expense clause, pro rata expense clause,escalation clause, or any other adjustment or measure
during the term of the Lease shall have no force or effect.
7 Certain Charges. The parties agree that any charge for default,early termination or cancellation
of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee.
8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office
during the term of the Lease, the Clerk of the House may, at his or her sole option,either- (a)
terminate the Lease by giving thirty(30)days' prior written notice to Lessor; or(b)assume the
obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60)
days following the certification of the election of the Lessee s successor In the event the Clerk
elects to terminate the Lease,the commencement date of such thirty(30)day termination notice
shall be the date such notice is delivered to the Lessor or, if mailed,the date on which such notice
is postmarked.
RES.B Page 236 of 305
V.S. 7fouse of Wgresentatives
Washington, D C. 20515
District Office lease Attachment
Page 2 of 4—113 Congress)
9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which
the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office.
Should the Member-Elect not take office to serve as a Member of the 113'Congress,the Lease
will be considered null and void.
10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives,B-245 Longworth House Office Building, Washington,
D C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer,
U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515.
it. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in
writing in the event Lessor sells,transfers, or otherwise disposes of the leased premises; in the
event Lessor is placed in bankruptcy proceedings(whether voluntarily or involuntarily); in the
event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee
shall promptly file a copy of any such notice with the Office of Finance, U.S. House of
Representatives, B-245 Longworth House Office Building, Washington, D C. 20515.
12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased
premises(usually used in instances when the Lessor is selling or refinancing the building)upon
the request of the Lessor Such an estoppel certificate shall not require the review and approval
of the Administrative Counsel.
13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas of the building including, but not limited to, all sidewalks, parking
areas, lobbies, elevators, escalators,entryways,exits, alleys and other like areas.
14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair
or replace as needed, at its sole expense,all structural and other components of the premises
including,but not limited to, roofs, ceilings, walls (interior and exterior),floors,windows, doors,
foundations,fixtures,and all mechanical, plumbing, electrical and air conditioning/heating
systems or equipment(including window air conditioning units provided by the Lessor)serving
the premises.
15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to
persons or property, sustained by Lessee or any of his or her employees or guests,caused by
Lessor's failure to fulfill its obligations under Sections 13 and 14.
16. Initial Alterations. Lessor shall make any initial alterations to the leased premises,as requested
by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of
such initial alterations shall be included in the annual rental rate.
17 Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act,28 U.S.C. §§ 2671-
80, satisfies any and all obligations on the part of the Lessee to purchase private liability
insurance. Lessee shall not be required to provide any certificates of insurance to Lessor
RES.B Page 237 of 305
V.S. Yfouse of Representatives
Washington, D.C. 20515
District Office Lease Attachment
Page 3 of 4—113'"Congress)
18. Limitation of Liability Lessor agrees that neither Lessee nor the House nor any of the House's
officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to
any third party that may arise during or as a result of the Lease or Lessee's tenancy
19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable
permitting and zoning ordinances or requirements, and with all local and state building codes,
safety codes and handicap accessibility codes(including the Americans with Disabilities Act),
both in the common areas of the building and the leased space of the Lessee.
20. Electronic Funds Transfer Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all
banking information necessary to facilitate such payments.
21. Refunds. Lessor shall promptly refund to the CAO, without formal demand,any payment made
to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended
or been terminated.
22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the
attached Lease or attached Amendment,the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amendment shall have no force and effect to the
extent of such inconsistency
23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or
neuter gender include all other genders and,wherever appropriate, words in the singular include
the plural and vice versa.
24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result
of a bona fide, arms-length, marketplace transaction. The Lessor and Lessee certify that the
parties are not relatives nor have had, or continue to have,a professional or legal relationship
except as a landlord and tenant).
25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is
located within the district the Lessee was elected to represent unless otherwise authorized by
Regulations of the Committee on House Administration.
26. Counterparts. This Attachment may be executed in any number of counterparts and by
facsimile copy, each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
27 Section Headings. The section headings of this Attachment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
Signature page follows.]
RES.B Page 238 of 305
v.S. .7fouse of Representatives
Washington, D C. 20515
District Office lease Attachment
Page 4 of 4— 113"Congress)
IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Attachment as of the
later date written below by the Lessor or the Lessee.
Peter B Lewis, Mayor
Print Name(Lessor) Print Name(Lessee)
Lessor Signature Lessee Signature
5iL
Date Date
From the Member's Office,who is the point of contact for questions?
Name Phone E-mail amail.house.gov
This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are
approved,pursuant to Regulations of the Committee on House Administration.
Signed Date 20
Administrative Counsel)
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faved to 102-115-6999
RES.B Page 239 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4888
Date:
December 12, 2012
Department:
Police
Attachments:
Res No. 4888
Budget Impact:
$0
Administrative Recommendation:
Recommend City Council authorize the execution of the Memorandum of Agreement
between the City of Auburn and King County.
Background Summary:
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:December 17, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 240 of 305
RESOLUTION NO. 4 8 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE
MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF AUBURN AND KING COUNTY FOR PRE-
DESIGN SERVICES
WHEREAS, the City of Auburn and the Valley Regional Fire Authority
VRFA) have been discussing the construction of a regional training center that
for firearms, hazardous materials, fire and other emergency situation training;
and
WHEREAS, King County, as a potential user of the facility, is interested
in having early and on-going input into the design of the facility
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows.
Section 1. The Mayor and the Auburn City Clerk are hereby
authorized to execute a Memorandum of Agreement between the City of
Auburn and King County for pre-design services, which agreement shall be in
substantial conformity with the Memorandum of 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.
Resolution No. 4888
December 5, 2012
Page 1 of 2RES.C Page 241 of 305
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 120
CITY OF AUBURN
PETER B LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPROVED O FO
D lel B. Hid;City Attor y
Resolution No. 4888
December 5, 2012
Page 2 of 2RES.C Page 242 of 305
Memorandum Of Agreement between the
City of Auburn and King County
For Pre-design Services
This is a Memorandum of Agreement between the City of Auburn ("City') and King
County ("County') related to cooperative design of a proposed joint training facility
Recitals.
1 The City and the Valley Regional Fire Authority ("VRFA") have, since
approximately 2004, been discussing constructing a training center in Auburn that
would be available on a regional basis for firearms, hazardous materials, fire, and
other emergency situtation training.
2. King County, as a potential user of this facility, is interested in having early, and
on-going, input into the design of this facility
NOW THEREFORE, the Parties hereby agree as follows
1 GENERAL.
1 1 The Parties agree to jointly fund preliminary design services in accordance
with the scope of work at Exhibit A.
1.2. The Parties agree that this Memorandum of Agreement is to provide
conceptual guidance only It does not require the Parties to engage in any
further work on the Facility, and does not commit either of the Parties to any
additional expenditures.
2. AUBURN'S RESPONSIBILITIES.
2.1 Serve as the lead agency Execute any neccesary contracts with engineers or
other entities for the pre-design study
2.2. Provide the County with draft copies of the scope of work for the study, and
either incorporate the County's comments, or provide written responses
explaining why the comments were not incorporated.
3. COUNTY'S RESPONSIBILITIES
3 1 Designate a point of contact.
3.2. Upon receipt for documents for review from the City, provide comments back
to the City within 15 calendar days.
4 COMPENSATION:
Attachment B
RES.C Page 243 of 305
Each party will contribute Thirty-Five Thousand Dollars ($35,000.00). The County
will provide its contribution to the City not later than December 15, 2012.
5. DURATION:
This agreement begins upon the last date signed by either party and will remain in
effect until the preliminary design study is complete. Any party may terminate this
agreement upon 90 days prior written notice, provided a contract has not been
entered into for the study Once a contract has been entered into, this agreement
may not be terminated.
6. INDEMNIFICATION:
6.1 Each City shall indemnify and hold harmless the other Cities and its officers,
agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by
reason of or arising out of any act or omission of the City, its officers, agents
and employees, or any of them, in the performance of this Agreement.
6.2. In the event that any suit based on such a claim, action, loss or damage is
brought against one City based on the actions of an employee of another
City, the City for whom the employee works shall defend the same at its sole
costs and expense; provided, that the City against whom the suit was filed
retains the right to participate in said suit.
7 AUDITS AND INSPECTIONS.
The records and documents with respect to all matters covered by this contract
shall be subject to inspection, review or audit by any City during the term of this
contract and for three (3) years after termination.
8. AMENDMENTS.
The Agreement may be amended at any time by mutual written agreement of the
parties.
9. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of the terms
hereto and any oral representations or understanding not incorporated herein are
excluded.
10. CONTRACT ADMINISTRATION
The parties have each appointed the following representatives to administer this
MOU
AUBURN KING COUNTY
Attachment B
RES.C Page 244 of 305
25 W Main Street
Auburn, WA 98001
The contract administrators will meet as needed with any of the parties authorized to
call a meeting within ten days written notice to the other
IN WITNESS WHEREOF, the parties have executed this agreement.
City of Auburn King County
Peter B. Lewis, Mayor
Date Date
Attest: Attest:
Danielle Daskam, City Clerk
Date Date
Approved as to Form Approved as to Form
City Attorney City Attorney
Date Date
Attachment B
RES.C Page 245 of 305
Scope Facility
Preliminary Design
ASSUMPTIONS.
The site will be a multi-purpose training facility for regional police and fire training.
The City of Auburn will be the lead agency for the preliminary design phase of the
project and will work in coordination with representatives from Valley Regional Fire
Authority (VRFA) and the King County's Sheriff's Office (KCSO)
All agreements and understandings related to commitment of funds, staff
participation and decision-making between the City. f uburn, VRFA and KCSO
shall have been addressed and executed prior to the initiation of any contracts for
professional services and project task work.
Total project budget range is anticipated tofie in the rang f$12-20 million.
Basic Architectural & Engineering services*a normally 8e ent of total project
budget (i.e., $1 0 million to $ 1 5 millio )
Available current budget is $70,000 to 00,000
Available current budget allows only for pre l mt a 14ihe and building design services
inclusive of space programming.
Preliminary design services wtlj:riot adg ess struct g" mechanical, plumbing and
electrical design services —theseservt es,will need to be conducted when additional
funding is available.
Preliminary desig.aServices will not result in t(ie pr ductionvof construction bid level
documents. These documents and th assoGated%ervices for their production will
be conducted w.en additio funding is available.
Development of a onstructio level bid se of plans will not occur at this stage of
design —this will occu w e`gad itional project funding becomes available.
T
WORK TIMEFRAME:
To Be Determined.
KEY PARTNERS
City of Auburn, Vale Regional Fire authority, King County Sheriffs Office
KEY INVOLVED CITY DEPARTMENTS.
Mayor's Office, Planning and Development, Public Works Department, Facilities, Police,
Finance
PROJECT MANAGER:
Steven Burke, Special Project/Construction Manager, City of Auburn
RES.C Page 246 of 305
SCOPE OF WORK.
TASK II PROFESSIONAL CONSULTANT SERVICES SELECTION AND CONTRACT EXECUTION
The City will retain the services of a qualified professional consulting architect. The City
will coordinate with VRFA and KCSO during the consultant selection process regarding
potential consultant candidates. The City will process and execute a contract with the
selected consultant including contract review and acceptance by the Auburn City
Council.
Deliverable(s):
1 Selection of qualified professional consultant
2. Executed professional services agreementwth the City o.
TASK 2: PROJECT KICK-OFF MEETING/SITE tilts T
The City, working with the project consultant, wi 0 org a'I and con dact a one (1) day
project kick-off meeting inclusive`of msite visit. Representatives identified'by each of the
affected agencies will be invited to, atend. The project kick-off meeting is intended to
develop a framework of understan' ing aid agreement or the facility's mission and
vision, operational features as wallas distinc orgarz tional requirements and
expectations. The prajekick Doff meeing wil lntfindivld'ual and collective needs,
issues, questions amend concerns. It wi l 'ide:t , outstanding issues that need to be
resolved and/or work ta,sks thai need to beNducted by& City, VRFA, KCSO and the
selected consultant. Setailed meeting sumc, ary will be prepared immediately following
the meeti n hcapturei kei ssu. s, greeme s, work efforts and/or problems as well
as
poseble
ibl soluttons andkey€responsib e p rties
Deliv s):
1 One (1) day project mee(ing
2. Site visit
3 Detailed meetin summary
TASK 3. SPACE PROGR MING
The project consultant will meet individually with the City, VRFA and KCSO to
understand and develop space programming needs and requirements. The project
consultant will develop a detailed space programming matrix or similar document that
specifies the individual and shared agency needs and requirements for review and
approval. This matrix will form the basis for the schematic site and building (s) designs.
2
RES.C Page 247 of 305
Deliverable(s):
1 Meetings with City, VRFA, KCSO
2. Detailed Space Programming Matrix
TASK 4 DRAFT PRELIMINARY PLANS PRODUCTION
The project consultant will prepare draft preliminary plans based on the work conducted
for Tasks 1-3 addressing site design and building design including preliminary floor
plans. The project consultant will prepare a colored sitepla and colored perspective
renderings for use by the agencies in pursuing and obtaintng project funding. The
project consultant will also develop a preliminary cost>estt ate for the project.
Deliverable(s):
1 Preliminary plans for site and building a igns
2. Colored site plan
3 Colored perspective renderings
4 Preliminary cost estimate
TASK 5. DRAFT PRELIMINARY PLANS REVI W
The project consultantwill facilita ndividual and/o coup meetings with staff
representatives of the City. RFA a.dKC.SO tgteview 'and obtain feedback on
preliminary plans The prolect consultant will meet;; as requested, with official
committees or other ntities of theme City, VRFA and KCSO to review the plans.
Deliverable(s)p
1 Meetings with stafffrepresentatives of City; VRFA and KCSO
2. Metins, as requested; with official committees or entities of City, VRFA and KCSO
TASK 6. FINAWZATION OF PRELIMINARY LANS
Following consultatiop wit staff and/or elected representatives of City, VRFA andKCSO, the project consultant will prepare final versions of preliminary site drawing,
building and floor plan d wings. The project consultant will also prepare final versions
of colored site plan and colored perspective renderings. The project will also prepare a
final cost estimate.
Deliverable(s):
1 Final version of preliminary site plan
2. Final version of preliminary building design and floor plans
3 Final version of colored site plan
4 Final version of colored perspective drawings
3
RES.C Page 248 of 305
5 Final cost estimate
TASK 7 PROJECT DESIGN COMMITTEE MEETINGS
The project consultant will participate in a minimum of one (1) meeting a month with the
Project Design Committee whose members will include the City's project manager and
one (1) representative each from VRFA and KCSO The Committee's purpose will be to
provide iterative information, ideas and feedback to the project consultant to insure
consistency and collaboration throughout the project. The Committee will assist the
City's project manager in identifying potential additional pecialty design or consultant
services needed to assist in future schematic and other,ldesign efforts based on the
individual and collective needs and requirements of he agencies. The City's project
manager shall facilitate these meetings. The project'consultant will, as requested by the
City's project manager, attend additional Committeemeetgs.
Deliverable(s):
1 Attendance at minimum of one (1) monthlyCommittee meeting
2. Attendance at other Committee meetings aseque,'sted'
TASK 8: PROJECT MANAGEMENT
The project consultant will coordinate'llas nee detl4, witch the Gi, ' project manager on
general or specific prrojecmannagemen tlssues,,or,co ncer is. 55,e project consultant shall
prepare monthly in for-submittal to the Citys prdjectt nanager and shall revise asovrequested. In addition, the consurltant shall`as'part of the monthly invoice submittal,
provide a Strategic Manageme Eport (SMR) addressing recently completed work,
upcoming work to be couple edi.a d°,key issues.or concerns.
Delive able(s):
1 Coordinaton with City'stproject meager
2. Monthly Invoices
3 Monthly Strategic Management Reports
4
RES.C Page 249 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4889
Date:
December 10, 2012
Department:
Finance
Attachments:
Res 4889
Contract
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4889.
Background Summary:
Seattle-King County Department of Public Health requests to enter into a contract with
the City of Auburn for the Local Hazardous Waste Management Program. King County
has extended $20,816.49 for the City to promote the Neighborhood Natural Yard Care
Program to one neighborhood and provide hazardous waste education to residents and
businesses.
1) Neighborhood Natural Yard Care Program
This program has been delivered to eight neighborhoods in the past. Three workshop
presentations will be given to the Southeast Auburn neighborhood that includes the
Academy, Forest Villa, Forest Ridge, and Riverwalk areas. The presentations will focus
on various yard care techniques that contribute to environmental health and safety. The
Water and Storm Utilities also contribute resources to this program.
2) Residential Hazardous Waste Education
Household hazardous waste education to residents will include: a postcard mailed to
residents, information for new residents on proper hazardous waste disposal, and a
consultant to provide outreach at City-sponsored events.
3) Business Hazardous Waste Education
Business Hazardous Waste education will include information on proper hazardous
waste disposal that is distributed through mailings, City-sponsored events, displays or
advertisements.
Reviewed by Council Committees:
Finance, Municipal Services
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 250 of 305
Councilmember:Peloza Staff:Coleman
Meeting Date:December 17, 2012 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 251 of 305
RESOLUTION NO 4889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A SERVICES CONTRACT WITH THE
SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC
HEALTH FOR REIMBURSEMENT OF FUNDS RELATED
TO 2013 LOCAL HAZARDOUS WASTE MANAGEMENT
PROGRAM ACTIVITIES.
WHEREAS, the Seattle King-County Department of Public Health has agreed to
reimburse the City of Auburn in the amount of $20,816.49 for costs associated with the
City's Local Hazardous Waste Management Program; and
WHEREAS, in order to accept the monies offered by the Seattle-King County
Department of Public Health, it is necessary for the City to enter into a services contract
which specifies the administrative procedures governing the reimbursement of funds
spent in the City's Local Hazardous Waste Management Program.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS-
Section 1. The Mayor and City Clerk of the City of Auburn are authorized to
execute the King County Contract for Services, a copy of which is attached hereto as
Exhibit "A" and incorporated by reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation, including
providing for the expenditure and appropriation therefore in appropriate budget
documents.
Resolution No. 4889
December 5, 2012
Page 1 of 2
RES.D Page 252 of 305
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 Clerk
APPROVED AS TO FORM:
Daniel B Heid,
City Attorney
Resolution No. 4889
December 5, 2012
Page 2 of 2
RES.D Page 253 of 305
Contract # EHS2820 Page # 1 of 9
King County Contract No. EHS2820
Federal Taxpayer ID No. 91-6001228
This form is available in alternate formats for people with disabilities upon request .
KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION,
OR JURISDICTION – 2013
Department
Division
Seattle-King County Dept. of Public Health (a.k.a. Public Health – Seattle & King
County)/EHS
Contractor City of Auburn
Project Title Local Hazardous Waste Management Program
Contract Amount Twenty Thousand Eight Hundred and Sixteen Dollars and Forty Nine Cents
Contract Period Start date: 01/01/2013 End date: 12/31/2013
THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Auburn (the
“Contractor”), whose address is 25 W Main St., Auburn, WA 98001-4998.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY $20,816.49 1/1/2013 - 12/31/2013
TOTAL $20,816.49 1/1/2013 - 12/31/2013
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract, and as authorized by the 2013 Annual Budget.
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
I Incorporation of Exhibits
The Contractor shall provide services and comply with the requirements set forth in the following
attached exhibits, which are incorporated herein by reference:
A Program Exhibits and Requirements
• Exhibit A: Scope of Work
• Exhibit B: Budget
• Exhibit C: Invoice
B King County Required Forms
• Exhibit D: Certificate of Insurance and Additional Insured Endorsement
II Term and Termination
A This Contract shall commence on 01/01/2013, and shall terminate on 12/31/2013, unless extended
or terminated earlier, pursuant to the terms and conditions of the Contract.
RES.D Page 254 of 305
Contract # EHS2820 Page # 2 of 9
B This Contract may be terminated by the either party without cause, in whole or in part, prior to the
date specified in Subsection II.A. above, by providing the other party thirty (30) days advance
written notice of the termination.
C The County may terminate this Contract, in whole or in part, upon seven (7) days advance written
notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required
pursuant to this Contract, or (2) the duties, obligations, or services required herein become
impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor
shall be liable for damages, including any additional costs of procurement of similar services from
another source.
If the termination results from acts or omissions of the Contractor, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor
shall return to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Contractor by the County.
D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Subsection II.A., the County may, upon written notification
to the Contractor, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective
date of termination; and (2) the Contractor shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is conditional upon
appropriation by the County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved, this Contract will terminate at the close of
the current appropriation year.
E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law
that either party may have in the event that the obligations, terms, and conditions set forth in this
Contract are breached by the other party.
III Compensation and Method of Payment
A The County shall reimburse the Contractor for satisfactory completion of the services and
requirements specified in this Contract, payable in the following manner:
Upon receipt and approval by the County of a signed invoice as set forth in Exhibit C that complies
with the budget in Exhibit B.
B The Contractor shall submit an invoice and all accompanying reports as specified in the attached
exhibits not more than 60 working days after the close of each indicated reporting period. The
County will initiate authorization for payment after approval of corrected invoices and reports. The
County shall make payment to the Contractor not more than 30 days after a complete and
accurate invoice is received.
C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date
this Contract terminates. If the Contractor’s final invoice and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the Contractor
of the amounts set forth in said invoice or any subsequent invoice.
D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from
the County under this Contract in accordance with said budget. The contract may contain
separate budgets for separate program components. The Contractor shall request prior approval
from the County for an amendment to this Contract when the cumulative amount of transfers
among the budget categories is expected to exceed 10% of the Contract amount in any Contract
RES.D Page 255 of 305
Contract # EHS2820 Page # 3 of 9
budget. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging,
and meal expenses are limited to the eligible costs based on the following rates and criteria.
1 The mileage rate allowed by King County shall not exceed the current Internal Revenue
Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate
shall be paid for the operation, maintenance and depreciation of individually owned vehicles
for that time which the vehicle is used during work hours. Parking shall be the actual cost.
When rental vehicles are authorized, government rates shall be requested. If the Contractor
does not request government rates, the Contractor shall be personally responsible for the
difference. Please reference the federal web site for current rates: http://www.gsa.gov.
2 Reimbursement for meals shall be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A.
Please reference http://www.gsa.gov for the current host city per diem rates.
3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The
Contractor shall always request government rates.
4 Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work activity
of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air
travel occurring as part of federal grant must be in accordance with the Fly America Act.
IV Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls which complies
with applicable, generally accepted government accounting standards (GAGAS).
V Debarment and Suspension Certification
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded
from contracting with the County. The Contractor, by signature to this Contract, certifies that the
Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department
or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is
debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the
event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal
department or agency. For more information on suspension and debarment, see Federal Acquisition
Regulation 9.4.
VI Maintenance of Records/Evaluations and Inspections
A The Contractor shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Contract funds and compliance with this Contract.
B In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV. below, the Contractor shall maintain the following:
1 Records of employment, employment advertisements, application forms, and other pertinent
data, records and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor
by all businesses seeking to participate on this Contract, and any other information
necessary to document the actual use of and payments to subcontractors and suppliers in
this Contract, including employment records.
The County may visit, at any mutually agreeable time, the site of the work and the Contractor’s
office to review the foregoing records. The Contractor shall provide every assistance requested by
RES.D Page 256 of 305
Contract # EHS2820 Page # 4 of 9
the County during such visits. In all other respects, the Contractor shall make the foregoing
records available to the County for inspection and copying upon request. If this Contract involves
federal funds, the Contractor shall comply with all record keeping requirements set forth in any
federal rules, regulations or statutes included or referenced in the contract documents.
C Except as provided in Section VII of this Contract, the records listed in A and B above shall be
maintained for a period of six (6) years after termination hereof unless permission to destroy them
is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW)
Chapter 40.14.
D Medical records shall be maintained and preserved by the Contractor in accordance with state and
federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and
standard medical records practice. If the Contractor ceases operations under this Contract, the
Contractor shall be responsible for the disposition and maintenance of such medical records.
E The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor’s performance under this Contract and to make available all information reasonably
required by any such evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW Chapter 42.56.
F The Contractor agrees that all inf ormation, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and
federal law.
VII Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA)
The Contractor shall not use protected health information created or shared under this Contract in any
manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Contractor shall read and certify compliance with all HIPAA requirements at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts
VIII Audits
A If the Contractor or subcontractor is a municipal entity or other government institution or
jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total
of $500,000 or more in federal financial assistance and has received federal financial assistance
from the County during its fiscal year, then the Contractor or subcontractor shall meet the
respective A-133 requirements described in subsections VIII.B. and VIII.C.
B If the Contractor is a non-profit organization, it shall have an independent audit conducted of its
financial statement and condition, which shall comply with the requirements of GAAS (generally
accepted auditing standards); GAO’s Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable.
The Contractor shall provide a copy of the audit report to each County division providing financial
assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor’s
fiscal year. The Contractor shall provide to the County its response and corrective action plan for
all findings and reportable conditions contained in its audit. When reference is made in its audit to
a “Management Letter” or other correspondence made by the auditor, the Contractor shall provide
copies of those communications and the Contractor’s response and corrective action plan.
Submittal of these documents shall constitute compliance with subsection VIII.A.
C If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit
to the County a copy of its annual report of examination/audit, conducted by the Washington State
Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with
subsection VIII.A.
D If the Contractor, for-profit or non-profit, receives in excess of $100,000 in funds during its fiscal
year from the County, it shall provide a fiscal year financial statement prepared by an independent
Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the
Contractor’s fiscal year.
RES.D Page 257 of 305
Contract # EHS2820 Page # 5 of 9
E Additional audit or review requirements which may be imposed on the County will be passed on to
the Contractor and the Contractor will be required to comply with any such requirements.
IX Corrective Action
If the County determines that a breach of contract has occurred, that is, the Contractor has failed to
comply with any terms or conditions of this Contract or the Contractor has failed to provide in any
manner the work or services agreed to herein, and if the County deems said breach to warrant corrective
action, the following sequential procedure will apply:
A The County will notify the Contractor in writing of the nature of the breach;
The Contractor shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing the
Contract into compliance, which date shall not be more than ten (10) days from the date of the
Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in
the number of days to complete the corrective actions;
B The County will notify the Contractor in writing of the County’s determination as to the sufficiency
of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s
corrective action plan shall be at the sole discretion of the County;
C In the event that the Contractor does not respond within the appropriate time with a corrective
action plan, or the Contractor’s corrective action plan is determined by the County to be
insufficient, the County may commence termination of this Contract in whole or in part pursuant to
Section II.C.;
D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor
from incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed; and
E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section II. Subsections B, C, D, and E.
X Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Contract. Both parties will make a good faith effort to continue without delay
to carry out their respective responsibilities under this Contract while attempting to resolve the dispute
under this section.
XI Hold Harmless and Indemnification
A In providing services under this Contract, the Contractor is an independent Contractor, and neither
it nor its officers, agents, employees, or subcontractors are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance,
and Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to a
County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of
this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages,
benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of the
performance of this Contract.
B The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional act,
RES.D Page 258 of 305
Contract # EHS2820 Page # 6 of 9
and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its
officers, employees, agents, or subcontractors. This duty to repay the County shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Term and
Termination section.
C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in
any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees,
subcontractors and/or agents in its performance or non-performance of its obligations under this
Contract In the event the County incurs any judgment, award, and/or cost arising therefrom
including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor.
D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in
any way result from, the negligent acts or omissions of the County, its officers, employees, or
agents in its performance or non-performance of its obligations under this Contract. In the event
the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys’ fees
to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
E Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder,
constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise
results in unfair trade practice.
F Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
G The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
XII Insurance Requirements
By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of
this Contract, insurance against claims for injuries to persons or damages to property which may arise
from, or in connection with, the performance of work hereunder by the Contractor, its agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the
Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance requirements of this
Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements
stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers,
and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a
material breach of this Contract. Specific coverages and requirements are at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and
certify compliance.
XIII Assignment/Subcontracting
A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said consent
must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any
proposed assignment.
B “Subcontract” shall mean any agreement between the Contractor and a subcontractor or between
subcontractors that is based on this Contract, provided that the term “subcontract” does not
include the purchase of (1) support services not related to the subject matter of this Contract, or (2)
supplies.
RES.D Page 259 of 305
Contract # EHS2820 Page # 7 of 9
C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and
XXV, in every subcontract or purchase agreement for services that relate to the subject matter of
this Contract.
D The Contractor agrees to include the following language verbatim in every subcontract, provider
agreement, or purchase agreement for services which relate to the subject matter of this Contract:
“Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its
officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor
expressly agrees and understands that King County is a third party beneficiary to this Contract and
shall have the right to bring an action against subcontractor to enforce the provisions of this
paragraph.”
XIV Nondiscrimination and Equal Employment Opportunity
The Contractor shall comply with all applicable federal, state and local laws regarding discrimination,
including those set forth in this Section.
During performance of the Contract, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of the employee or applicant's sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or
age except by minimum age and retirement provisions, unless based upon a bona fide occupational
qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants
and employees are treated, without regard to their sex, race, color, marital status, national origin,
religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional
requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors
shall read and certify compliance.
XV Conflict of Interest
A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with
such requirements shall be a material breach of this contract, and may result in termination of
this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or
otherwise available to the County at law or in equity.
B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration, thing
of value or gift, whether in the form of services, loan, thing or promise, in any form to any county
official or employee. The Contractor acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current contracts with the county will be cancelled and it
shall not be able to bid on any county contract for a period of two years.
C The Contractor acknowledges that for one year after leaving County employment, a former County
employee may not have a financial or beneficial interest in a contract or grant that was planned,
authorized, or funded by a County action in which the former County employee participated during
County employment. Contractor shall identify at the time of offer current or former County
employees involved in the preparation of proposals or the anticipated performance of Work if
awarded the Contract. Failure to identify current or former County employees involved in this
transaction may result in the County’s denying or terminating this Contract. After Contract award,
the Contractor is responsible for notifying the County’s Project Manager of current or former
County employees who may become involved in the Contract any time during the term of the
Contract.
XVI Equipment Purchase, Maintenance, and Ownership
A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a
cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property of the County and/or
RES.D Page 260 of 305
Contract # EHS2820 Page # 8 of 9
federal/state government. The Contractor shall be responsible for all such property, including the
proper care and maintenance of the equipment.
B The Contractor shall ensure that all such equipment will be returned to the County or federal/state
government upon termination of this Contract unless otherwise agreed upon by the parties.
XVII Proprietary Rights
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article shall
be the sole property of the party that produces such material or article. If any patentable or
copyrightable material or article should result from the work described herein and is jointly produced by
both parties, all rights accruing from such material or article shall be owned in accordance with US
Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive,
and royalty-free license to use, according to law, any material or article and use any method that may be
developed as part of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids, checklists,
and other materials and documents of the Contractor which are modified for use in the performance of
this Contract.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Contractor that are not modified for use in the
performance of this Contract.
XVIII Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Contract shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
XIX King County Recycled Product Procurement Policy
In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production
of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the
Contractor shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical in the fulfillment of this Contract.
XX Future Support
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this
Contract.
XXI Entire Contract/Waiver of Default
The parties agree that this Contract is the complete expression of the terms hereto and any oral or
written representations or understandings not incorporated herein are excluded. Both parties recognize
that time is of the essence in the performance of the provisions of this Contract. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Contract unless stated to be such through written
approval by the County, which shall be attached to the original Contract.
XXII Contract Amendments
Either party may request changes to this Contract. Proposed changes which are mutually agreed upon
shall be incorporated by written amendments to this Contract.
XXIII Notices
Whenever this Contract provides for notice to be provided by one party to another, such notice shall be
in writing and directed to the chief executive office of the Contractor and the project representative of the
RES.D Page 261 of 305
Contract # EHS2820 Page # 9 of 9
County department specified on page one of this Contract. Any time within which a party must take some
action shall be computed from the date that the notice is received by said party.
XXIV Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and
regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are incorporated
herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit
or the attachment, unless the parties affirmatively agree in writing to the contrary.
XXV Applicable Law
This Contract shall be construed and interpreted in accordance with the laws of the State of Washington.
The venue for any action hereunder shall be in the Superior Court for King County, Washington.
XXVI No Third Party Beneficiaries
Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract,
there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights
enforceable by any person or entity that is not a party hereto.
IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY City of Auburn
FOR
King County Executive Signature
Date NAME (Please type or print)
Date
Approved as to Form:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
Contract #EHS2820 - Local Hazardous Waste Management Program
RES.D Page 262 of 305
EHS2820 – City of Auburn 1
EHS2820
EXHIBIT A
CITY OF AUBURN
2013 SCOPE OF WORK
The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in
1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle
Public Utilities, King County Water and Land Resources Division and the Seattle-King County
Department of Public Health) and cities located in King County. The Washington State
Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan.
The City is an active and valued partner in the regional Local Hazardous Waste Management
Program (hereafter referred to as the “Program”).
The purpose of this Exhibit is to define the relationship associated with the Program’s funding of
City activities performed under the auspices of the Plan and as approved by the Program’s
Management Coordination Committee (hereinafter referred to as the “MCC”). This Agreement
further defines the responsibilities of the City and Seattle-King County Department of Public
Health with respect to the transfer of Program monies.
Scope of Work
The City of Auburn will assist in the promotion of natural yard care to one Auburn
neighborhood.
The City will create and mail a postcard about household hazardous waste to Auburn residents,
and create a hazardous waste information brochure to include in the City’s Welcome Packets for
new residents. The City will also hire a consultant to provide outreach, education and
presentations at City public events.
The City will also create and mail a postcard about hazardous waste disposal to Auburn
businesses.
Responsibilities of the Parties
The responsibilities of the parties to this Contract shall be as follows:
A. The City
1. The City shall develop and submit project proposals and budget requests to the Program’s
Contract Administrator. Funds provided to the City by the Local Hazardous Waste
Management Program pursuant to this Contract shall be used to implement hazardous
waste programs and/or services as approved by the MCC.
2. For reimbursement the City shall submit the following to the Fund Manager:
a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for
approval and payment.
RES.D Page 263 of 305
EHS2820 – City of Auburn 2
b) A brief description of activity accomplished and funds expended in
accordance with the scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the
City’s finance department. The financial statements should include vendor
names, a description of services provided, date paid and a check or warrant
number.
3. The City shall notify the Fund Manager no later than December 15th regarding the amount of
outstanding expenditures for which the City has not yet submitted a reimbursement request.
4. It is the responsibility of the City to comply with all applicable county, state and/or federal
reporting requirements with respect to the collection and transfer of moderate risk wastes.
The City shall report to the Contract Administrator the quantity, by type, of moderate risk
waste collected using Program funds. The City shall also provide the Contract Administrator
with copies of EPA’s Non-Hazardous Waste Manifest or similar form, associated with the
transport of moderate risk waste collected through Program-funded events.
5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the
facilities associated with the City’s events or in any other way associated with activities
conducted within the scope of this Contract. In the event of a spill or other emergency, the
City is responsible for complying with all applicable laws and regulations.
6. The City agrees to appropriately acknowledge the Program in all media produced – in part or
in whole – with Program funds. The intent of this provision is to further strengthen this
regional partnership in the public’s mind.
7. The City agrees to provide the Program with copies of all media material produced for local
hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program
money provided that the Program credits the City as the originator of that material.
8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street,
Auburn, at (253) 931-5103, (jenelson@auburnwa.gov) or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled
by the Contract Administrator or Fund Manager should be referred to the LHWMP Program
Director for resolution.
B. Seattle-King County Department of Public Health
1. Seattle-King County Department of Public Health shall administer, via the attached
Contract, the transfer of Program funds to the City for hazardous waste management
events and activities.
2. Within ten (10) working days of receiving a request for reimbursement from the City, the
Fund Manager shall either notify the City of any exceptions to the request which have
been identified or shall process the request for payment. If any exceptions to the request
are made, this shall be done by written notification to the City providing the reason for
such exception. The Fund Manager will not authorize payment for activities and/or
expenditures that are not included in the scope of work, unless the scope has been
amended. The Fund Manager retains the right to withhold all or partial payment if the
City’s invoices are incomplete (e.g. they do not include proper documentation of
RES.D Page 264 of 305
EHS2820 – City of Auburn 3
expenditures for which reimbursement is being requested) or are not consistent with the
submitted scope of work.
C. Program Contacts
Lauren Cole Madelaine Yun
Acting LHWMP Program Director LHWMP Fund Manager
150 Nickerson Street, Suite 100 150 Nickerson Street, Suite 100
Seattle, WA 98109 Seattle, WA 98109
206-240-5977 206-352-7128
lauren.cole@kingcounty.gov madelaine.yun@kingcounty.gov
Paul Shallow
LHWMP Contract Administrator
401 Fifth Avenue, Suite 1100
Seattle, WA 98104
206-263-8487
paul.shallow@kingcounty.gov
RES.D Page 265 of 305
EHS2820 – City of Auburn
EXHIBIT B
2013 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
The City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
Component Description Budget
Household Hazardous Waste Education
$20,816.49
Household Hazardous Waste Collection
TOTAL
$20,816.49
RES.D Page 266 of 305
EHS2820 – City of Auburn
EXHIBIT C
2013 INVOICE
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From: The City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
To: Madelaine Yun, Fund Manager
Local Hazardous Waste Management Program in King County
Seattle-King County Department of Public Health
150 Nickerson St., Suite 100
Seattle, WA 98109
Contract #EHS2820
Period of time: ___________________, 2013 to __________________________, 2013.
In performance of a signed Contract between King County and the City of Auburn, I hereby certify that
the following expenses were incurred during the above-mentioned period of time.
___________________________ ________________________
Signature Date
Component
Description Budget Current Expenses Previous Charges Balance
Household Hazardous
Waste Education
$20,816.49
Household Hazardous
Waste Collection
TOTAL
$20,816.49
For Health Department Use Only
FOR HEALTH DEPARTMENT USE ONLY
Oracle Purchase Order # Invoice Date Invoice # Amount to be paid
Oracle Requisition # Oracle Receipt # Oracle CPA #
Local Hazardous Waste Management Program Approval:
_________________________________ ___________
Madelaine Yun Date
RES.D Page 267 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4890
Date:
December 11, 2012
Department:
Public Works
Attachments:
Resolution No. 4890
Budget Status Sheet
Res 4890 Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4890.
Background Summary:
The span wire traffic signal located at 15th St SW and West Valley Highway was
damaged in a traffic collision. Interim repairs were completed to maintain the safety and
operations of the intersection while staff completed the engineering design for the final
repairs. The work includes replacing the two damaged traffic signal poles and all
associated wiring improvements.
The bid opening was held on December 12, 2012 which did not allow enough time for
staff to complete the bid tabulation and contractor verification prior to the Committee
meeting; therefore, staff is requesting authorization for the Mayor to award this contract
to the lowest responsible bidder to avoid delay of the project.
A budget adjustment may be necessary to move unexpended funds from 2012 to the
2013 budget.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 268 of 305
RESOLUTION NO. 4890
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO AWARD AND
EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIBLE
BIDDER FOR CONSTRUCTION OF SMALL PUBLIC WORKS
CONTRACT NUMBER 12-22 FOR PROJECT MS1203, 15T" ST SW
AND WEST VALLEY HIGWAY SIGNAL#128 REPAIRS
WHEREAS, the City Council of the City of Aubum has approved a project to
repair the signal at 15"' St SW and West Valley Highway, and
WHEREAS, a project Bid Opening for the construction of the roadway took
place on December 12, 2012 which did not allow enough time for staff to complete the
bid ver cation prior to the City Council meeting; and
WHEREAS, waiting to award the construction contrad until the next regularly
scheduled meeting would result in a three week delay of the construction start date;
and
WHEREAS, the City of Aubum Public Works DepaRment will assess the bids
received and identify the Lowest Responsible Bidder; and
WHEREAS, it is in the public interest to award and execute public works
construction contract 12-22, with ail expediency to complete the permanent repairs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Aubum is hereby authorized to review
bids, award, and execute an Agreement between the City of Aubum and the Lowest
Resolution No. 4890
December 10, 2012
Page 1 of 2
RES.E Page 269 of 305
Responsible Bidder for Project Number MS1203, Public Works Contract Number 12-
22, 15'" St SW and West Valley Highway signal #128 repairs, wfiich agreement shall
cor form with the Bid Documents, provided that the bid amount does not exceed the
project budget.
Section 2. The Mayor is hereby author¢ed to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. This resolution shali be in fuli force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATfEST
Danielle E. Daskam, City Clerk
APPRO A M:
Daniel B. Heid, ' o ey
Resolution No. 4890
December 10, 2012
Page 2 of 2
RES.E Page 270 of 305
1 of 1
Project No: MS1203 Project Title: 15th ST SW and West Valley Hwy Signal# 128 Repairs
Project Manager: Scott Nutter
Initiation/Consultant Agreement
Permision to Advertise
Advertisement Date: _11/28/12___ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2012 Future Years Total
General Fund - Engineering 48 Repairs and Maint 60,000 60,000
0 0
Total 0 60,000 0 60,000
Activity Prior Years 2012 Future Years Total
Design Engineering - City Costs** 0 0
Construction Estimate 50,000 50,000
Authorized Contingency (20%)10,000 10,000
Construction Engineering - City Costs**0 0
Total 0 60,000 0 60,000
** Costs for City staff time are charged against the Engineering General Fund Budget
Prior Years 2012 Future Years Total
*001 Funds Budgeted ( )0 (60,000)0 (60,000)
001 Funds Needed 0 60,000 0 60,000
*001 Fund Project Contingency ( )0 0 0 0
001 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
Date: Dec 10, 2012
The "Future Years" column indicates the projected amount to be requested in future budgets.
001 Engineering General Fund Budget Status
RES.E Page 271 of 305
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RES.E Page 272 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4891
Date:
December 10, 2012
Department:
Public Works
Attachments:
Res 4891
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4891.
Background Summary:
The City received a state funded grant through the Washington State Transportation
Improvement Board in the amount of $450,000 to design and construct improvements to
Auburn Way South (AWS) and M St/17th St SE intersection.
The grant will fund design and construction of the following improvements:
1.Add a right turn pocket for westbound to northbound AWS traffic;
2.Improve the curb radius;
3.Complete necessary traffic signal modifications at AWS & M St;
4.Construct new street lights at the intersection of AWS and M St and on the north side
of AWS between M St SE and 17th St SE; and
5.Realign the intersection of 17th St SE at AWS.
Resolution No. 4891 authorizes the Mayor to accept a grant from the Washington State
Transportation Improvement Board for improvements to the AWS and M St/17th St SE
intersection.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 273 of 305
RESOLUTION NO. 4 8 9 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO ACCEPT A GRANT FROM THE WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD FOR THE
AUBURN WAY SOUTH AND M STREET - 171h STREET SE
INTERSECTION IMPROVEMENTS
WHEREAS, the City desires to improve traffic flow, reduce congestion, improve
pedestrian access, improve lighting, traffic flow, sight distance, and geometric
improvements at the intersection of Auburn Way South and M Street SE - 17th Street
SE, and
WHEREAS, the need to improve the intersection of Auburn Way South and M
Street SE is recognized in Auburn's adopted Six Year Transportation Improvement
Program; and
WHEREAS, the City received a state grant through the Washington State
Transportation Improvement Board in the amount of $450,000 00 to finance the design,
property acquisition and construction of improvements to the intersection of Auburn
Way South and M Street - 17th Street SE, and
WHEREAS, it is in the best interest of the City to use Transportation
Improvement Board grant monies to finance capital improvements to the transportation
system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows.
Section 1. That the Mayor is hereby authorized to accept the Washington State
Transportation Improvement Board grant for $450,000 00 for the Auburn Way South
and M Street - 17th Street SE intersection improvements.
Resolution No. 4891
December 10, 2012
Page 1RES.F Page 274 of 305
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation. Including
authorization for the Mayor to execute any necessary agreements required by the
Washington State Transportation Improvement Board for the Project, expending up to
the total amount of the grant of $450,000 00
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2012.
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
A1
Daniel B Heid,
City Attorney
Resolution No. 4891
December 10, 2012
Page 2RES.F Page 275 of 305
RES.F Page 276 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4892
Date:
December 10, 2012
Department:
Human Resources
Attachments:
RES 4892 with contract
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4892.
Background Summary:
The City shall make public defense services available to all persons who so qualify after
application to and approval of the Court or an independent public defense screen or are
in custody and directly appointed by the Court.
Reviewed by Council Committees:
Public Works
Councilmember:Partridge Staff:Heineman
Meeting Date:December 17, 2012 Item Number:RES.G
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 277 of 305
RESOLUTION NO. 4 8 9 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT FOR PUBLIC
DEFENSE SERVICES FOR JANUARY 1, 2013 — JUNE 30, 2013
BETWEEN THE CITY AND THE LAW OFFICES OF MATTHEW J.
RUSNAK
WHEREAS, the State legislature finds that effective legal representation
should be provided for indigent persons consistent with the constitutional
requirements of faimess, equal protection, and due process in all cases where
right.to counsel attaches; and
WHEREAS, the Ciry of Auburn desires to continue to contract its Public
Defense Services; and
WHEREAS, it is fiscally responsible for the City of Auburn maintain to its
contract with the Law Offices of Matthew Rusnak; and
WHEREAS, the Law Offices of Matthew Rusnak is providing effective
and efficient Public Defense 5ervices for the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The City Council hereby authorizes the execution
of the Agreement between the City of Auburn and THE LAW OFFICES OF
MATTHEW J. RUSNAK, to execute a Contract for Public Defense Services for
January 1, 2013 through June 30, 2013, in substantial conformity with the
Resolution No. 4892
December 12, 2012
Page 1
RES.G Page 278 of 305
contract attached hereto and denominated as Exfiibit "A" and incorporated
herein by 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
Resolution No. 4892
December 12, 2012
Page 2
RES.G Page 279 of 305
ATTEST
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Dan B. Hei
City Attomey
Resalution No. 4892
December 12, 2012
Page 3
RES.G Page 280 of 305
PUBLIC DEFENSE SERVICES CONTRACT
CITY OF AUBURN, WASHINGTON
JANUARY 1, 2013 — June 30, 2013
THIS AGREEMENT made and entered into by the City of Aubum; hereinafter
referred to as "CITY," and The Law Offices of Matthew J. Rusnak, hereinafter referred
to as "PUBLIC DEFENDER," do hereby agree to the following terms and conditions:
I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE
SERVICES:
A. General:
1 The CITY shall make public defense services available to all persons who so
qualify after application to and approval of the Court or an independent public defense
screen or are in custody and directly appointed by the Court. The PUBLIC DEFENDER
will provide legal representation for each of these defendants from court appointment oc
screening through trial, sentencing, post conviction review, and any appeals to Superior
court or Washington appellate courts. The PUBLIC DEFENDER, or subconUactor of the
PUBLIC DEFENDER, will provide defense services at daily in-custody bail hearings, will
attend the arraignment calendar, and will be available, in person, to talk to and meet
indigent defendants at the Aubum Detention Center, South Corrections Entity (SCORE),
or other altemative locations. The PUBLIC DEFENDER will also provide representation
for the Mental Health Court calendar and a Community calendar should one be
established during the term of the contract.
2. The City shall be responsible for screening. Upon appointment, the screener
shall immediately deliver to the PUBLIC DEFENDER the screener's documerrt on each
case that is assigned. The screener shall be responsible for delivering a letter of
introduction, which has been provided by the PUBLIC DEFENDER to every defendant
who qualfies for and is appointed to be represented by the PUBLIC DEFENDER.
C. Reporting Procedures:
1 PUBLIC DEFENDER: The PUBLIC DEFENDER shall file monthly reports,
with the CITY indicating the following: (1) the first, middle and last name of each
defendant who has been appointed and a Notice of Appearance was filed; (2) date of
appointment, criminal cause number(s) for the defendant; and (3) if the case was
conflicted° at any time during the process. Further, the report shall designate whether
the defendant was appointed by the Court or by the screener In addition, the PUBLIC
DEFENDER shall provide a monthly report to the CITY showing all cases in which the
defendarrt has been sentenced or acquitted. All reports are due to the CITY on the 1
Publlc Defender Contrect
Januery 1,2013—June 30,2013
Page 1 of 14
RES.G Page 281 of 305
day of the month foliowing the appointment and filing of the Notice of Appearance or
case disposition, along with the invoice, based on actual case count.
2. The PUBLIC DEFENDER shall include in its monthly reports the case count
information required by Section 16 of this Agreement.
II. RESPONSIBILITIES OF PUBLIC DEFENDER
A. The PUBLIC DEFENDER shalt be responsible to provide competent
professional legal services to the defendants represented. The PUBLIC DEFENDER
shall employ and/or associate a sufficient number of attomeys and staff to provide such
service. The CITY shall incur no extra cost for the employed and/or associated
attorneys and staff. The PUBLIC DEFENDER and each attorney so employed andJor
associated shall be an active member in good standing of the Washington State Bar
Association. Any attorney employed and/or associated by the PUBLIC DEFENDER
who does not have at least three (3) years of experience shall practice under the direct
supervision of ariy attomey whb does have three (3) years experience. Such
experience shall include at least one-third emphasis on criminal defense.
B. Legal intems involved in the representation of defendarrts in court must have
all of their work reviewed and/or countersigned by a supervising attomey No legal
intem shall have sole responsibility for administering and representing any of the
defendants appointed and represented pursuant to the contract herein.
C. Case loads of the PUBLIC DEFENDER and any individual attorneys
employed and/or associated therewith should be limited to that level of assignments
which allows an attorney to give each defendant's case sufficient time and effort to
ensure effective representation. On June 15, 2012, the Washington Supreme Court
issued Order No. 25700-A-1004 ("Orde'), adopting new standards for indigent defense,
and cert cation of compliance. Section 3.1 of the Order requires that the CITY
establish the maximum number of cases that each attomey will be expeded to handle.
The Order does not impose a specfic or recommended case limit until October 2013. At
that time, the Order suggests a guideline of four hundred (400) cases per attomey ('rf the
CITY does not use a weighted case counting system). In order to determine a maximum
number of cases, the CITY, in coordination with the PUBLIC DEFENDER, have
reviewed the 2012 public defense case load to date. Based on tliaf review, the CITY
has determined that the following factor warrants an upward deviation from the
proposed maximum unweighted case limit guideline:
1 The experience level of the staff at the PUBLIC DEFENDER'S office
shows that each attomey has over 10 years of criminal defense experience. This allows
them to more efficiently analyze charges, which in tum allows them to provide effective
Publie Detender Contrad
January 1,2013—June 30,2013
Page 2 of 14
RES.G Page 282 of 305
advice to their clients. As a result, the experienced attomeys are capable of handling
more cases while still providing effective representation.
D All attomeys representing defendants pursuant to the contract herein shall
comply with the following: (1) attend at least an average of fifteen (15) hours of
continuing legal education each year, of which at least an average of seven (7) hours
shall be specifically related to criminal defense or trial practice; (2) have regular and
routine review of their caseload with a supervising attorney to ensure that there is
objective monitoring and evaluation of each attorney
III. SERVICES PROVIDED BY THE PUBLIC DEFENDER
A. Scope of Service:
1 The PUBLIC DEFENDER shall represent each defendant from the date of
appointment (or at in-custody hearings as the case may be), through sentencing and
the first appeal of right pursuant to the RALJ rules. The PUBLIC DEFENDER or the
CITY may request rescreening of a defendant whose case is on appeal. Appeals shall
not be considered new case assignments. In addition, the PUBLIC DEFENDER shall
be preserrt at arraignment hearings on stand-by should a defendant request legal
advice.
2. Case defined. A case is d ned as the filing of a document with the.court
naming a person as defendant or respondent, to which an attomey is appointed in order
to provide representation. In courts of limited jurisdiction, multiple citations from the
same incident can be counted as one (1) case, provided, that a case shall not exceed
four (4) criminal counts on a maximum of two (2) criminal citations arising out of the
same general course of conduct over a short period of time. Example: a single person
charged with three (3) different Driving While License Suspended charges would be
counted as three (3) separate cases because the incidents necessarily took place at
separate times. However, a single individual charged with Reckless Driving, DUI, Hit
and Run (Attended) and Driving While License Suspended arising out of one inciderrt
on two citations) would count as one (1) case.
3. Case Count: A case is counted where: (1) Pretrial: Each pretrial case is
counted only once. Irrespective of any subsequent reappointments pursuant to FTA.
They will be counted at the time of first appointment. Cases subsequently conflicted, or
where a private attomey is hired, will be noted on the next monthly report, but is not
counted as a PUBLIC DEFENDER case; (2) Post trial convictions: Case where a
defendant was previously represented by the PUBLIC DEFENDER, that were
previously counted when they were in pretrial status, will not be counted unless they
FTA at a post conviction hearing. Post conviction cases where defendants FTA and
Public Defender CoMreU
January t,2073—Juna 30,2013
Pege 3 of 14
RES.G Page 283 of 305
subsequerrtly reappointed to the PUBLIC DEFENDER will be counted again; however,
this shall occur only once. No matter how many times a defendarit FTA and the
PUBLIC DEFENDER is reappointed when the case is in the post-conviction status, the
case will be recounted only once. In the future, the PUBLIC DEFENDER agrees to
complete representation for any client for which a Notice of Appearance has been filed,
even if court proceedings continue beyond the date when a successor PUBLIC
DEFENDER becomes responsible for public defense services. This does not include
post conviction reviews.
4 The PUBLIC DEFENDER may associate or employ additional or differeM
attorneys to represerrt defendants at no extra cost to the CITY Any counsel associated
with or employed by the PUBLIC DEFENDER shall have the authority to perform the
services called for herein. All associated counsel hired pursuant to this section shall be
admitted to practice pursuant to the rules of the Supreme Court of the State of
Washington. Sufficient counsel shall be provided to represent defendants during
vacation, illnesses, and settings in more than one (1) courtroom. No legal intems shall
be used unless agreed to by the CITY in advance. No attomey shall handle more than
six hundred (600) public defense cases annually during the term of this Agreement.
This limit applies to the individual attorney for all courts in which the attomey practices.
The PUBLIC DEFENDER agrees to pay each subconsultant under this
agreement for satisfactory performance of its contract no later than forty-five (45) days
from the receipt of each payment the consultant receives from the CITY Any delay or
postponement of payment from the above referenced time frame may occur only for
good cause following written approval of the CITY
5. Conflict Cases: Both parties agree that cases will be conflicted only when
a recognized conflict occurs (not a potential conflict). Upon discovery of an actual
conflict with the representation of a spec c defendant by the PUBLIC DEFENDER (as
defined in the Rules of Prnfessional Conduct), the PUBLIC DEFENDER shall
immediately inform the CITY, the court, and the defendant in writing of the conflict by
issuing a Notice of Intent to Withdraw Only a partner in the PUBLIC DEFENDER'S firm
will be permitted to make the final decision regarding whether a conflict actually exists.
The PUBLIC DEFENDER will assist the City with a list of qualified law firms with which
the CITY can contract for conflict public defense services. A minimum of four (4)
coriflict firms will be maintained on the list.
6. Upon receiving notice of a conflict of interest and agreeing thereto, it will
be the CITY'S financial responsibility to pay altemative counsel to represent the
defendant. The Court will rotate, in order, "conflicted" cases to each firm. However, if
the CITY contests the Notice of Intent to Withdraw, then the CITY shall immediately file
a note for motion regarding the propriety of the withdrawal and request that the wurt
notify the defendant and the PUBLIC DEFENDER of the date, time, and nature of the
Publlc Defender ConUact
January 1,2013—June 30,2013
Page 4 of 14
RES.G Page 284 of 305
hearing. All parties shall be bound by the court's ruling or any appeal therefrom.
7 Office appointments for the defendants appointed to the PUBLIC
DEFENDER should be made available at least during regular business hours of 8:00
a.m. until 5:00 p.m., Monday through Friday Office appointments should be made
available, at an office located in the City of Aubum, within a reasonable distance from
the municipal courthouse and on or near a public transportation service route.
Appointments shall be available at the courthouse for defendants who are otherwise
unable to obtain transportation to the PUBLIC DEFENDER'S office. Local non-service-
charge phone service throughout the municipality shall be available as well as toll free
and collect phone service from the CIIY jail and the King County jails.
8. The PUBLIC DEFENDER will make every effort to coordinate cases with
CITY prosecutors at least once per week, in advance of upcoming court dates.
9. The PUBLIC DEFENDER will be available for all calendars pursuant to the
will of the court. Public Defense requirements would generally appear as follows. Jail is
defined as either the SCORE facility or Auburn Detention facility Staffing of SCORE
requirements must ensure no calendar down time.
Da Number of La ers Comments
Monday (every other) 3 Motions & bench trials (1 in CR 1) &
interpreter calendar (1 in CR 2 & 1 in
Jail
Monday (opposite) As determined by Jury trials
PUBLIC DEFENDER
Tuesda 3 Pre-trial 3 in CR 1 then Jail 1
Wednesda 2 In custod 2 in Jail
Thursda a.m. 2 Arrai nment 1 in CR 1 then 1 Jail
Thursda .m. 2 Review Calendars 1 in ea CR
Frida a.m. 2 In custod 2 in Jail
Frida eve other 1 Readiness 1 in CR 2
Friday p.m. (every 1 Probation review (1 in CR 2)
other
10 The PUBLIC DEFENDER shall provide to the City of Auburn Police
Department and Auburn Detention Center the telephone number or numbers at which
the PUBLIC DEFENDER can be reached twenty-four (24) hours each day for critical
stage advice to defendants during the course of police investigations and/or arrests, as
required by statute, case law, and applicable court rule in municipal misdemeanor
cases.
Public Defender Contract
January 7 2013—June 30,2013
Page 5 of t4
RES.G Page 285 of 305
11 The PUBLIC DEFENDER shall provide to the screener for dissemination
to every represented defendant. a letter in plain, simple, and concise language outlining
the defendant's responsibi ities with regard to the attorney-client relationship
12. The PUBLIC DEFENDER shall institute and maintain a procedure to
review the defendants' complairrts. Complaints, which are not immediately resolved by
the PUBL'IC DEFENDER, shall be referred to the Washington State Bar Association
and/or the court.
13. Assignment or Subcontractors: No assignment or transfer of the Contract
or of any interest in the Contract shall be made by the PUBLIC DEFENDER without the
prior written consent of the CITY
14 All documents, reports, memoranda, plans, and/or any other materials
created or otherwise prepared by the contractor as part of his performance of this
AgreemeM (the "Work Products") shall be owned by and become the property of the
CITY, and may be used by the CITY for any purpose beneficial to the CITY The
consultant may retain copies of any documents, reports, etc. it authors.
15. If the Conflict Public Defender has been appointed as conflict counsel in a
case, the Conflict Public Defender shall file a notice of appearance with the court, and
shall serve a copy on the City Attorney If the case is a RALJ appeal, the notice shall be
filed in the Superior Court, with a copy to the Municipal Court and the City Attorney
16. Caseload Monitoring:
a. The purpose of this Section is to provide data to support the
CITY'S possible adoption of a case weighting system, and to establish caseload
limits. Using the case weighting system currently adopted by the City of Kent
Attachment A), the PUBLIC DEFENDER shall track assigned cases. Every
month, the PUBLIC DEFENDER shall provide a report that shows the total number
of cases assigned, broken down by the types of cases in Attachment A. The
PUBLIC DEFNDER will meet with the CITY at least once per quarter to review the
report, and discuss whether KenYs weighting system accurately reflects the
amount of work performed by the DEFENDER.
b. Factors to consider• In evaluating the proposed weighting system,
the PUBLIC DEFENDER shall consider (and shall include in each report) the
effect of the criteria in Section 3.3 of the ORDER. The PUBLIC DEFENDER shall
recommend adjustments to caseloads based on the experience of the attorneys,
and shall provide justification for those adjustments. The PUBLIC DEFENDER
shall recommend adjustments to the case weighting system based on the effect of
Public Defender Contract
January 1,2013—June 30,2013
Page 6 of 14
RES.G Page 286 of 305
Stipulated Orders of Continuance, Deferred prosecution, or other alternative
dispositions. The PUBLIC DEFENDER shall also recommend adjustments based
on dispositions such as diversions, or reductions to infractions, or other alternative
dispositions that do not include a plea of guilty (as provided for in Section 3.6(B)(v)
of the ORDER.
IV COMPENSATION
Compensation to the PUBLIC DEFENDER for public defense services beginning
January 1, 2013 through June 30, 2013 shall be paid at the rate of Thirty Thousand
Four Hundred Sixteen Dollars and Sixty-Six Cents ($30,416.66)/month.
In the event the PUBLIC DEFENDER files an appeal on behalf of a qualified
client, the CITY will pay an additional Four Hundred Dollars ($400.00) to the PUBLIC
DEFENDER upon its litigation and disposition. Should the CITY file an appeal in a case
involving the PUBLIC DEFENDER, the CITY will pay the PUBLIC DEFENDER an
additional Four Hundred Dollars ($400.00) upon its litigation and disposition. Iri
addition, the CITY will pay for transcription costs required for the appeal, regardless of
which party files the appeal.
All videotapes, CDs, audiotapes, video disks, photocopies, color copies of
images, or other media associated with discovery shall be provided by the CITY at no
cost to the PUBLIC DEFENDER.
The PUBLIC DEFENDER will submit an invoice no later than the 15`" day of each
month. Pursuant to regular CITY policy regarding payment for services rendered, the
CITY shall make payment to the PUBLIC DEFENDER on the first day following the first
CITY Council meeting following the timely submittal of the PUBLIC DEFENDER report
and invoice.
The PUBLIC DEFENDER agrees and understands that he/she is an independent
contractor and not the agent or employee of the CITY The manner and means of
providing the professional services herein are under the sole control of the PUBLIC
DEFENDER. The PUBLIC DEFENDER shall be solely responsible for reporting his/her
hours, earnings, income tax, and social security to the applicable federal and state
agencies. The PUBLIC DEFENDER understands that he/she is not entitled to ariy of
the benefits provided by an employer to employees including, but not limited to, paid
leave, health insurance coverage, retirement programs, and/or unemployment
insurance.
V TERM OF CONTRACT
This Agreement shall remain in full force and effect from January 1, 2013,
Public Defender Contract
January 1,2013—June 30,2013
Page 7 M 14
RES.G Page 287 of 305
through June 3Q 2013. This Agreement may be annually extended or renewed under
the terms of this Agreement, or as modified by agreement of both parties, at the
conclusion of the term of this Agreement. Such extension or renewal shall be in writing,
upon agreement of both Parties.
VI.POLICY AGAINST DISCRIMINATION
The PUBLIC DEFENDER shall not discriminate in employmerrt practices on the
basis of race, creed, color, age, disability, religion, sex or sexual orientation and follow
the CITY's policy on nondiscrimination. The PUBLIC DEFENDER should comply with
all local, state, and federal laws regarding discrimination.
VII. PUBLIC DEFENSE STANDARDS
The PUBLIC DEFENDER shall comply with the Rules of Professional Conduct.
The PUBLIC DEFENDER shall comply with the City of Auburn Standards for Public
Defense as adopted by the CITY on August 20, 2012, pursuant to Resolution 4849 and
any future standards for public defense services that may be adopted by the CITY
pursuant to Chapter 10.101 030 of the RCW The PUBLIC DEFENDER shall submit a
copy of the affidavit it files with the Municipal Court, stating that the PUBLIC
DEFENDER is in compliance with such standards to the Director of Human
Resources/Risk & Facilities Management. This affidavit shall be submitted thirty (30)
days after the PUBLIC DEFENDER has received a copy of such standards.
VIII. INSURANCE AND INDEMNIFICATION
Insurance
The PUBLIC DEFENDER shall be responsible for maintaining, during the term of
this Agreement and at its sole cost and expense, the types of insurance coverages and
in the amounts described below The PUBLIC DEFENDER shall furnish evidence,
satisfactory to the CITY, of all such policies. During the term hereof, the PUBLIC
DEFENDER shall take out and maintain in full force and affect the following insurance
policies:
a. Commercial General Liability insurance, insuring the CITY and the
PUBLIC DEFENDER against loss or damages arising from premises, operations,
independent contractors, and personal injury and advertising injury The CITY shall be
named as an insured under the PUBLIC DEFENDER's Commercial General Liability
insurance policy with respect to the work perFormed for the GITY, with minimum liability
limits of $1,000,000 combined single limit for personal injury, death, or property damage
in any one occurrence.
Publlc Defender Contrect
January 1,2013—JUne 30,2013
Page 8 of 14
RES.G Page 288 of 305
b Such workmen's compensation and other similar insurance as may be
required by law
c.Professional errors and omissions liability insurance with minimum liability
limits of$1,000,000
No Limitation. PUBLIC DEFENDER's maintenance of insurance as required by
the Agreement shall not be construed to limit the liability of the PUBLIC DEFENDER to
the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any
remedy available at law or in equity
If, for any reason, the PUBLIC DEFENDER loses its professional liability
insurance coverage, the PUBLIC DEFENDER must immediately notify the CITY'S
Director of Human Resources/Risk and Facilities Management.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Professional Liability and Commercial Geheral Liability insurance:
a. The PUBLIC DEFENDER's insurance coverage shall be primary
insurance as respect to the CITY Any insurance, self-insurance, or insurance pool
coverage maintained by the CITY shall be excess of the PUBLIC DEFENDER's
insurance and shall not contribute with it.
b. The PUBLIC DEFENDER'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 CITY
Indemnification
The PUBLIC DEFENDER shall indemnify, defend, and hold harmless the CITY
and its officers, agents and employees, or any of them from any and all claims, actions,
suits, liab'ility, loss, costs, expenses, and damages of any nature whatsoever, including
attorney fees, by any reason of or arising out of the act or omission of the PUBLIC
DEFENDER, its officers, agents, employees, or any of them relating to or arising out of
the perFormance of this Agreement except for injuries and damages caused by tlie sole
negligence of the CITY If a final judgment is rendered against the CITY, its offcers,
agents, employees, and/or any of them, or jointly against the CITY and the PUBLIC
DEFENDER and their respective officers, agents and employees, or any of them, the
PUBLIC DEFENDER shall satisfy the same to the extent that such judgment was due to
the PUBLIC DEFENDER's negligent acts or omissions.
Public Defender Contred
January 1,2073—June 30,2013
Page 9 W 74
RES.G Page 289 of 305
IX.TERMINATION OF CONTRACT
A. Grounds for Immediate Termination. The CITY retains the right to
immediately terminate this contract in the event any of the following incidents occurs:
1 Failure to provide timely proof of comprehensive professional liability
insurance due at any of the times required herein.
2.Loss of comprehensive professional liability insurance coverage
regardless of the reason therefor
3. Any action that, at the sole discretion of the CITY, could bring discredit on
the CITY
B. Additionally, either the CITY or the PUBLIC DEFENDER may terminate
this contract in the event of the following:
1 Any other breach of this contract; or
2. Violation of the Rules of Professional Conduct; or
3. Good and Sufficient Cause
Such termination under this subpart is effective only if the party terminating the contract
has provided written notice of the deficiency to the second party, and the deficiency is
not corrected in a timely manner to the reasonable satisfaction of the first party
Written notice of termination under Section IX (B) shall be given by the party terminating
this contract to the other not less than sixty (60) days prior to the effective date of the
termination.
C. In the event of termination or upon completion of the contract, the
following conditions may apply (1) the PUBLIC DEFENDER shall be relieved of any
further responsibility for receiving new case assignments under this contract; (2) the
PUBLIC DEFENDER will continue to represent those defendants assigned prior to the
date of termination and who have a trial date set and shall complete representation in all
such cases; provided that, after termination or completion of the contract pursuant to
court rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may
withdraw from any case as permitted by court rule.
Public Defender Contrac[
January 1,2013—June 30,2013
Page 10 of 14
RES.G Page 290 of 305
DATED this Day of 2012.
CITY OF AUBURN
Peter B. Lewis
Mayor
ATTEST
Danielle E. Daskam Date
Ciry Clerk
APPROVED AS TO FORM:
k
Daniel Heid Date
City Attomey
Law Offices w . R n
z
Repr sen tive Da
Publie Dafender CoMraG
January 1,2073—June30,20t3
Page 17 of 14
RES.G Page 291 of 305
APPENDIX A TO
JANUARY 1, 2013 —JUNE 30, 2013 PUBLIC DEFENSE CONTRACT
Allowing Minor to Frequent Bar 1!3
Allow Unauthorized Person to Drive 1/3
Altered License 1/3
Assault:
Domestic Violence 1
Non Domestic Violence 1
With Sexual Intent 2
Animal Cruelty 1
Attempted Assault 2/3
Attempted Forgery 2/3
Attempted Ttieft 2/3
Canceled Plates/Registration 1/3
Complicity 2/3
Commercial License Needed 1/3
Concealed Weapon 2/3
Conspiracy 2/3
Counterfeiting Trademark 2/3
Criminal Attempt 2/3
Criminal Trespass 1/3
Custodial Interference 1
Cyber Stalking 1
Dangerous Animal at Carge 2/3
Discharge of Firearm 2/3
Disorderly Conduct 1/3
Display of Weapon 2/3
DUI 1
DWLS 1 1/2
DWLS 2 1/2
DWLS 3 1/3
Criminal Assistance 1/3
Escape 2/3
Failure to Transfer Title 1/3
Failure to Disperse 1/3
Failure to Obey 1/2
Failure to Obey Flagman 1/2
Failure to Obtain Vehicle License 1/3
Failure to Stop 1/2
Failure to Secure Load 1
Failure to Surrender License 1/3
Public Defender CoMract
January 1 2013—June 30,2013
Page 12 of 14
RES.G Page 292 of 305
False Ident cation 1/2
False Insurance Card 1/2
False Information 1/2
False Reporting 1/2
False Statement 1/2
Fraud Dr License: 1/2
Furnishing Liquor to Minor 1/2
Harm to a Police Dog 1
Harassment 1
Telephone Harassmerrt 1
Domestic olence Harassment 1
Hit and Run Attended 1
Hit and Run Unattended 1l2
Illegal Fireworks 1/3
Illegal Use of Dealer Plate 1/3
Immoral Conduct with a Minor 1
Indecent Exposure 1
Inhale Toxic Fumes 1
Interfering with reporting to 911 2/3
Invalid Trip Permit 1/3
Loiter for Prostitution 1/2
Malicious Mischief Domestic Violence 1
Malicious Mischief Non-Domestic Violence 2/3
Minor Frequenting a Tavem 1/2
Minor Intoxicated in Public 1/2
Minor in Possession/Consumption 1/2
Neglect of a Child 1
Negligent Driving 1 1
No Valid Operator's License 1/3
Obstructing 2/3
Operating Vehicle without Cert. of Ownership 1/3
Operating Vehicle without Ignition Interlock 1/2
Patronizing a Prostitute 1/2
Physical Control 1
Possession of Drug Paraphernalia 1/2
Fossession of Marijuana 1/2
Possession of Stolen Property 2/3
Possession/Making Burglary Tools 2/3
Possession another's ID 1/2
Possession of Legend 2/3
Prostitution 1/2
Rrovoking Assault 2/3
Public Disturbance 1/3
Publlc Defender ContreM
January 1,2013—June 30,2013
Page 13 of 14
RES.G Page 293 of 305
Reckless Driving y3
Reckless Buming 2 3
Reckless Endangerment 2/3
Refuse to Cooperate 2
Crimes Requiring Registration as Sex Offender 2
Resisting Arrest 2 3
Selling Liquorto Minor
Stalking
Tampering with Property of Others 2
Tampering with a Witness
Theft 3 2 g
Theft of Rental Property Z/3
Unlawful Issuance of Bank Check y3
UnlawFul Bus Conduct 2
Unlawful Camping 1/3
Unlawful Racing Z 3
Vehicle Prowl 2 3
Vehicle Trespass 2/3
volation of Anti-harassment Order 2/3
Violatien of No Contact Order z/3
Violation of Instruction Permit 1/3
Violation of Occupancy License 1/3
olation of Protection Order 2/3
Violation of Restraining Order y3
Violation of S.O.A.P Order 2
Weapons Capable of Harm y3
Public Defender Contract
January 1,2073—June 30,2013
Page 14 of 14
RES.G Page 294 of 305
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4893
Date:
December 12, 2012
Department:
Administration
Attachments:
Res 4893
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4893.
Background Summary:
Reviewed by Council Committees:
Council Operations Committee
Councilmember:Backus Staff:Heid
Meeting Date:December 17, 2012 Item Number:RES.H
AUBURN * MORE THAN YOU IMAGINEDRES.H Page 295 of 305
RESOLUTION NO. 4 8 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REPEACING RESOLUTION NO 4779
PASSED DECEMBER 5, 2011, AND DESIGNATING THE
MEMBERS, POWERS, DUTIES AND MEETING TIMES AND DAY
OF ALL STANDING COMMITTEES OF THE CITY COUNCIL OF
THE CITY OF AUBURN
WHEREAS, the Auburn City Council Operations Committee designates the
formation and membership of the standing committees of the City Council, subject to
the approvai of a majority of the City Council; and
WHEREAS, the Council Operations Committee conducted a meeting on.
December 3, 2012, at which time the Committee approved the membership of the
standing committees, powers and duties of standing committees and meeting
schedules for 2013 and recommended the City Council's adoption of the same.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
Section 1. Aubum Resolution No. 4779 passed December 5, 2011, is
hereby repealed effective December 31, 2012.
Section 2. The Standing Committees of the City Council for the City of
Aubum, Washington are as follows:
A. PUBLIC WORKS:
RICH WAGNER (Chair), BILL PELOZA (Vice Chair), and WAYNE
OSBORNE (member).
Resolution No. 4893
December 10, 2012
Page 1RES.H Page 296 of 305
SCOPE. Makes recommendations to the City Council as a
whole on policies relating to water and sanitary
sewer utilities, storm drainage, streets and policy
matters involving construction, engineering
utilities, traffic, design standards, and
maintenance), right-of-way use, street vacation,
and equipment maintenance and operafions,
transportation (current Public Works capital
projects, Public Works Capital Improvement Plans,
traffic efficiency, and Transportation Improvement
Program oversight).This Committee will
coordinate equipment rental and utility matters with
the Finance Committee.
B. FINANCE:
JOHN PARTRIDGE (Chair), LARGO WALES ce Chair), and JOHN
HOLMAN (member).
SCOPE. In addition to the normal monitoring of the financial
expenditures of the approved budget, this
Committee will make recommendations to the City
Council as a whole on policies relating to Capital
Facilities Plan, human resources, municipal court,
legal, information services, and City real property
transactions including sale, lease, acquisition, and
donations. This committee will coordinate property
transactions with other appropriate Council
Committees. This Committee. will serve as
Council's liaison for the Tourism Board , the Fire
Relief and Pension Board, the Business
Improvement Area (BIA), and the Aubum Area
Chamber of Commerce.
Resolution No. 4893
December 10, 2092
Page 2RES.H Page 297 of 305
C. PLANNING AND COMMUNITY DEVELOPMENT
NANCY BACKUS (Chair), JOHN HOLMAN (Vice Chair), and LARGO
WALES (member).
SCOPE: Makes recommendations to the Ciry Council as a
whole on policies relating to land use planning and
zoning, code enforcement, annexation, building
permits, transportation (long-term planning and
land use and the Transportation Improvement
Program), Capital Improvement Plans (Public
Works CIP oversight), parks capital and program
planning, Mary Olson Farm, cultural arts and public
art, communications, downtown agreements and
operating policies, community services, and
economic development. This Committee will serve
as the Council's liaison for the Arts Commission,
Planning Commission, Human Services
Commission, Transportation, Transit and Trails
Committee, Parks and Recreation Board with
regard to planning issues, Planning Commission,
Human Services Committee, TADA (Downtown
Association), Urban Core Task Force, Bicycle Task
Force, Sister Cities, and Multicultural Roundtable.
D. MUNICIPAL SERVICES:
BILL PELOZA (Chair), WAYNE OSBORNE ce Chair), and JOHN
PARTRIDGE (member).
SCOPE. Makes recommendations to the City Council as a
whole on policies relating to police, animal control,
emergency planning, telecommunications, solid
waste, airport, parks and recreation operations,
Aubum International Farmers' Market, golf course,
cemetery, and cable N This Committee will serve
as the Council's liaison for the Airport Advisory
Board, Aubum Intemational Farmers' Market
Board, Parks and Recreation Board with regard to
operational issues, Urban Tree Board, and
Cemetery Board.
Resolution No. 4893
December 10, 2012
Page 3RES.H Page 298 of 305
E. LES GOVE COMMUNITY CAMPUS COMMITTEE
RICH WAGNER (Chair), LARGO WALES ce Chair), WAYNE
OSBORNE (Member)
SCOPE. Makes recommendations to the City Council as a
whole on policies relating to the senior center,
museum, and development and ongoing use of the
Community Center and Activity Center facilities at
Les Gove Community Campus. This Committee
will serve as the Council's liaison for the King
Counry Library, Museum Board, and the Boys and
Girls Club.
F. COUNCIL OPERATIONS COMMITTEE:
NANCY BACKUS (Chair), RICH WAGNER ce Chair), BILL PELOZA
Member)
There is created and established a Council Operations Committee for
the city council, the appointment, duties and functions thereof to be as
follows:
Appointrnent. Membership of the Council Operations Committee shall
consist of the Deputy Mayor, regardless of the Deputy Mayor's length of
tenure on the City Council, and the two other Councilmembers havirig
the longest tenure on the City Council. Longest tenure is to be
calculated as the total length of consecuUve service as a
Councilmember The Deputy Mayor shall be the Chair of the Council
Operations Committee. The Councilmember having the longest tenure
on the City Council shall be the Vice Chair of the Council Operations
Committee. In the event two or more members have equal tenure, the
Chair and members of the Council Operations Committee shall be
selected on the basis of the largest number of votes received at the
most recent general election(s) in which the Councilmembers were
respectively elected. It is provided, however, that Counbilmem6ers
whose tertn of office will expire prior to or during the first meeting of a
new City Council and who have not been re-elected or appointed to
another term of office extending beyond the first meeting of a new City
Council shall not be allowed to vote at Council on the approval of the
membership of the new committees.
Resolu6on No. 4893
December 10, 2012
Page 4RES.H Page 299 of 305
Powers and Functions. The function of the Council Operations
Committee is to supervise the formation and membership of all standing
committees of the City Council. The Council Operations Committee
shall, subject to the approval of a majority of the entire City Council,
designate all of the standing committees of the City Council, In addition,
the Council Operations Committee shall, biennially at the first meeting
of a new City Council, or periodically, submit a list of the proposed
members of all standing committees of the City Council for approval by
a majority vote of the entire City Council. The Council Operations
Committee shall also recommend the Chair for each standing
committee of the City Council, which recommendations shall also be
subject to approval by a majority vote of the entire City Council. The
membership of all standing committees of the City Council shall consist
exclusively of Councilmembers. Each chair of any standing committee
of the City Council shall, in the absence of a quorum at a meeting of
his/her particular standing committee, have the authority to appoint a
non-member of the standing committee, from the City Council to that
standing committee for that meeting to create a quorum for that
meeting, or in the chairs absence the vice-chairman shall be able to
appoint another Councilmember to that particular committee in the
absence of a quorum. The function of the Council Operations
Committee is also to propose amendments to the Rules of Procedure of
the City Council to the full City Council, and to address issues relating
to the whole City Council and make recommendations for action by the
full City Council relative to such issues.
The Council Operations Committee shall also evaluate and recommend
to the whole City Council any actions, responses or sanctions for
violations by Councilmembers of these Rules of Procedure, which
recommendation shall be considered, voted and/or acted upon by the
City Council in the normal course.
In cases of alleged misconduct or violations of the City Council Rules of
Procedures (ROP), the person suspected of the alleged misconduct or
violation of the ROP shall be afforded the opportunity to respond, which.
opportunity shall be given, with advance notice, in an open meeting of
the Council Operations Committee (COC) prior to the COC making any
recommendations regarding censure or reprimand or other disciplinary
action.
Resolution No. 4893
December 10, 2012
Page 5RES.H Page 300 of 305
Meeting Dates. The Council Operations Committee shall meet the first
Monday of each month at 5:00 p.m. or more often as needed.
G. DEPUTY MAYOR and COUNCILMEMBER-AT-LARGE:
Councilmember Nancy Backus is designated as Deputy Mayor The
duties of Deputy Mayor are outlined in the City council Rules of
Procedure
H. COMMITTEE OF THE WHOLE
NANCY BACKUS (Chair), RICH WAGNER (Vice Chair), ALL OTHER
CITY COUNCILMEMBERS (Members)
SCOPE. The Deputy Mayor is automatically the chair and
the most senior Councilmember, who is not the
Deputy Mayor, is the Vice Chair The Committee
receives and discusses information relative to
issues with broad implications for the City No
votes are taken at this committee.
Section 3. Unless otherwise designated by the Chair, the day and time of the
meetings of the Standing Committees of the City Council of the City of Aubum shall
be as follows:
A. PUBLIC WORKS:
3:30 P.M.
First and third Mondays of each month.
B. FINANCE COMMITTEE:
5:30 P.M.
First and third Mondays of each month.
C. PLANNING AND COMMUNITY DEVELOPMENT
COMMTITEE:
5:00 P.M.
Second and fourth Mondays of each month.
D. MUNICIPAL SERVICES COMMTITEE:
3:30 P.M.
Second and fourth Mondays of each month.
Resolution No.4893
December 10, 2012
Page 6RES.H Page 301 of 305
E. LES GOVE COMMUNITY CAMPUS
COMMITTEE
5:00 P.M.
Second Monday of each month.
F COUNCIL OPERATIONS COMMITTEE
5:00 P.M.
First Monday of each month.
G. COMMITTEE OF THE WHOLE
The Council Committee of the Whole shall meet whenever
there is a fifth Monday in any month or as needed.
Section 4. The City Clerk is au4horized and directed to incorporate the
changes in the committees' scope of authority and function in the City Council Rules
of Procedure.
SecUon 5. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 6. This Resolution shall take effect and be in full force and effect
upon passage and signature hereon.
DATED and SIGNED this _day of 2012.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 4893
December 10, 2012
Page 7RES.H Page 302 of 305
ATTEST
Danielle E. Daskam, City Clerk
APP VED AS TO FORM:
aniel B. He' , ' Attome
Resolution No. 4893
December 10, 2012
Page 8RES.H Page 303 of 305
councilcommittees2013xls 12/13/12
PUBLIC WORKS
3:30 pm
1st & 3rd Monday
Rich Wagner, Chair
Bill Peloza, Vice Ch.
Wayne Osborne
• Water
• Sanitary Sewer
• Storm Drainage
• Streets
• Right-of-Way Management
• Maintenance & Operations
• Equipment Rental
• Engineering (utilities, traffic,
design standards, maintenance)
capital projects, traffic efficiency, • Transportation (current PW
TIP**oversight, PW CIP**action)
2013 AUBURN CITY COUNCIL COMMITTEES
* TIP: 6 year
Transportation
Improvement
Program
FINANCE
5:30 pm
1st & 3rd Monday
John Partridge, Chair
Largo Wales, Vice Ch.
John Holman
• Finance
• Human Resources
• Municipal Court
• Legal
• Information Services
• City Real Property
• Facilities Management
• Capital Facilities Plan
• City Budget
• Governmental Affairs
FC Relationships:
• Tourism Board
• Chamber of Commerce
• BIA, Bus. Improvement Area
• Fire Relief & Pension Board
LES GOVE
COMMUNITY CAMPUS
LGCC Relationships:
• Museum Board
• Boys & Girls Club
• King County Library
DEPUTY MAYOR
Nancy Backus
• Act in absence of the Mayor
• Alternate to all committees
• Councilmember training
• Support cooperative
Councilmember relations
• Help maintain cooperative
Council-Mayor relations
• Chair COW & COps
COUNCIL
OPERATIONS (COC)
Nancy Backus, Chair
Rich Wagner, Vice Ch.
Bill Peloza
• Committee Structure
• Committee Membership
• Whole Council Issues
• Council Rules of Procedure
• Annual Visioning Retreat
5:00 pm
1st Monday
COMMITTEE OF
THE WHOLE (COW)
5th Monday in any month
• Broad implication issues
• No Council vote taken
Nancy Backus, Chair
Rich Wagner, Vice Ch.
All Other
Councilmembers
MUNICIPAL
SERVICES
3:00 pm
2nd & 4th Monday
Bill Peloza, Chair
Wayne Osborne, Vice Ch.
Largo Wales
• Police
• Solid Waste
• Airport
• Golf Course
• Cemetery
• Animal Control
• Telecommunications
• Cable TV
• Emergency Planning
• Farmers' Market
• Parks & Rec. Operations
MSC Relationships:
• Airport Advisory Board
• Cemetery Board
• Farmers' Market Board
• Auburn Valley Humane
Society Board
• Urban Tree Board
• Parks & Recreation Board
(operational issues)
PLANNING &
COMMUNITY
DEVELOPMENT
5:00 pm
2nd & 4th Monday
Nancy Backus, Chair
John Partridge
John Holman, Vice Ch.
• Community Services
• Land use, Zoning
• Code Enforcement
• Building Permits
• Annexation
• Cultural Arts, Public Art
• Communications
• Economic Development
• Transportation (long-term
planning, TIP * action)
• Capital Improvement Plans
(PW oversight)
• Engineering (development)
• Downtown Agreements
• Dntn. Operating Policies
• Parks Capital and
Program Planning
• Olson Farm
PCDC Relationships:
• TTT Committee
(Transportation, Transit & Trails)
• Human Services
Commission
• Multicultural Roundtable
• Arts Commission
• Planning Commission
• TADA, Downtown Assoc.
• Urban Core Task Force
• Bicycle Task Force
• Sister Cities
• Parks & Recreation Board
(planning issues)
Rich Wagner, Chair
Largo Wales, Vice Ch.
Wayne Osborne
5:00 pm
2nd Monday
Capital & Operating Policy for:
• Community Center
• Activity Center
• Museum
• Senior Center
COps Relationships:
• Junior Council
• Chair Emergency Mgmt
Compensation Board
RES.H Page 304 of 305
COUNCILMEMBERS’ ADDITIONAL LOCAL, REGIONAL & NATIONAL COMMITTEE APPOINTMENTS
Nancy Backus: Valley Regional Fire Authority Board of Governance (VRFA) BoG, NLC ( Nat'l League of Cities) Finance, Admin. & Intergov. Relations, Pierce Co. Regional Council alt.,
Joint Determining Authority Pierce Co. (JDA), Auburn Tourism Board, Junior Council Liaison
Wayne Osborne: Law Enforcement Officers & Fire Fighters (LEOFF) Board, NLC Transportation Infrastructure & Services.
Largo Wales: Puyallup River Watershed Council, Regional Access Mobility Partnership (RAMP)( alt)
John Partridge: Regional Law, Safety & Justice, Auburn Valley Humane Society Liaison, JDA, NLC Public Safety Crime Prevention
Bill Peloza: WRIA9 Board, King Co. (Water Quality, Solid Waste, Flood Control District), NLC Energy, Environment & Natural Resources, Auburn International Farmers' Market Liaison
Regional Water Quality Committee, Metropolitan Water Pollution Abatement Advisory Committee, King County Flood Control District (alt), Airport Advisory Board, SCATBd (alt)
Sister Cities
John Holman: Law Enforcement Officers & Fire Fighters (LEOFF) Board Alternate
Rich Wagner: VRFA BoG, Arts Commission Liaison, Pierce Co. Regional Council, Puyallup River Watershed Council, RAMP, King Co. Solid Waste, JDA
councilcommittees2013.xls 12/13/12 Copesato oad
RES.H Page 305 of 305