HomeMy WebLinkAbout12-17-2012 Public Works Agenda Packet
Public Works Committee
December 17, 2012 - 3:30 PM
Annex Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Approval of Minutes*
III.RESOLUTIONS
A. Resolution No. 4881* (Mund)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Renewal of Public Way Agreement (PWA) 99-02 and Amending the Terms of the
Agreement with the Olympic Pipeline Company
B. Resolution No. 4890* (Para)
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
C. Resolution No. 4891* (Truong)
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
IV.DISCUSSION ITEMS
A. Resolution No. 4887* (Lein)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor and City Clerk to Execute a Lease Agreement Between the City of Auburn
and Congressman Dave Reichert, a Member of the U.S. House Of Representatives
B. Resolution No. 4892* (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
C. Ordinance No. 6442* (S. Wagner)
Proposed Amendments to the Auburn City Code Concerning the Relocation of and
Page 1 of 140
Amendments to the Hearing Examiner Chapter
D. King County Service Agreement Proposal* (Para)
E. Green River Community College Proposed SE 320th Street Improvements (Para)
F. Capital Project Status Report* (Gaub)
G. Action Tracking Matrix* (Dowdy)
V.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.
Page 2 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
December 11, 2012
Department:
Public Works
Attachments:
December 3, 2012 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the November 19,2012 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:December 17, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 140
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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CA.A Page 4 of 140
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.
Page 2 of 9
CA.A Page 5 of 140
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.
Page 3 of 9
CA.A Page 6 of 140
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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CA.A Page 7 of 140
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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CA.A Page 8 of 140
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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CA.A Page 9 of 140
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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CA.A Page 10 of 140
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.
Page 8 of 9
CA.A Page 11 of 140
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
Page 9 of 9
CA.A Page 12 of 140
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:
Public Works Committee recommend City Council to 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:Mund
Meeting Date:December 17, 2012 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 13 of 140
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 14 of 140
Resolution No. 4881
PWA 12-36
November 13, 2012
Page 1 of 3
RESOLUTION NO. 4881
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.
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 Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. 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
A. This Amendment and any rights granted hereunder shall
not become effective for any purpose unless and until Grantee files with
RES.A Page 15 of 140
Resolution No. 4881
PWA 12-36
November 13, 2012
Page 2 of 3
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 legislation.
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 invalidity of
the application thereof to any person or circumstance shall not affect the validity
of the remainder of this resolution, or the validity of its application to other
persons or circumstances.
Section 6. Effective date This Resolution shall be in full force
and effect upon passage and signatures hereon.
RES.A Page 16 of 140
Resolution No. 4881
PWA 12-36
November 13, 2012
Page 3 of 3
Dated and Signed this _____ day of ____________, 2012.
CITY OF AUBURN
________________________________
Peter B. Lewis
Mayor
ATTEST:
_______________________________
Danielle Daskam
APPROVED AS TO FORM:
_______________________________
Daniel B. Heid
City Attorney
RES.A Page 17 of 140
------------------------------
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 18 of 140
RESOLUTIONN04298ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFAUBURNWASHINGTONAUTHORIZINGTHEMAYORANDCITYCLERKTOEXECUTEAPUBLICWAYAGREEMENTBETWEENTHECITYOFAUBURNANDOLYMPICPIPELINECOMPANYINCWHEREASOlympicPipeLineCompanyInchasappliedtotheCityforanonexclusivePublicWayAgreementfortherightofentryuseandoccupationofcertainpublicrightsofwaywithintheCityofAuburnexpresslytoinstallconstructerectoperatemaintainrepairrelocateandremoveitsfacilitiesinonuponalongandoracrossthoserightsofwayandWHEREASonFebruary42008theAuburnCityCouncilconductedapublichearingtotakepubliccommentsonOlympicPipeLineCompanysapplicationandWHEREAStheCityhasreviewedOlympicPipeLineCompanysapplicationandtheinformationreceivedatthepublichearingandhasdeterminedthatthelocationofOlympicPipeLineCompanysfacilitieswithintherequestedrightsofwayisinthebestinterestoftheCityandthecitizensofAuburnNOWTHEREFORETHECITYCOUNCILOFTHECITYOFAUBURNKINGCOUNTYWASHINGTONHEREBYRESOLVESasfollowsResolutionNo4298January82008Page1of3
RES.A Page 19 of 140
Section1TheMayoroftheCityofAuburnandtheAuburnCityClerkareherebyauthorizedtoexecuteaPublicWayAgreementbetweentheCityofAuburnandOlympicPipeLineCompanyIncwhichagreementshallbeinsubstantialconformitywiththeAgreementacopyofwhichisattachedheretomarkedasExhibitAandincorporatedhereinbythisreferenceSection2TheMayorisherebyauthorizedtoimplementsuchadministrativeproceduresasmaybenecessarytocarryoutthedirectivesofthislegislationSection3ThisresolutionshallbeinfullforceandeffectuponpassageandsignatureshereonDatedandSignedthisdayof2008CTTVOAUBURIVPETERLEWISMAYORATTESTDielleEDaskamCityClerkResolutionNo4298January82008Page2of3
RES.A Page 20 of 140
ResolutionNo4298January82008Page3of3
RES.A Page 21 of 140
CITYOFAUBURNPUBLICWAYAGREEMENTWITHOLYMPICPIPELINECOMPANYThisPublicWayAgreementisenteredintobyandbetweentheCityofAuburnWashingtonamunicipalcorporationCityandOlympicPipeLineCompanyaDelawarecorporationGranteeWHEREASGranteehasappliedtotheCityforanonexclusivePublicWayAgreementfortherightofentryuseandoccupationofcertainpublicrightsofwaywithintheCityofAuburnexpresslytoinstallconstructerectoperatemaintainrepairrelocateandremoveitsfacilitiesinonuponalongandoracrossthoserightsofwayandWHEREAStheCityhasreviewedtheGranteesapplicationanddeterminedthatthelocationofGranteesfacilitieswithintherequestedrightsofwayisinthebestinterestoftheCityandthecitizensofAuburnNOWTHEREFOREinconsiderationofthemutualbenefitsandconditionssetforthbelowthepartiesheretoagreeasfollowsSection1NoticeAWrittennoticestothepartiesshallbesentbycertifiedmailtothefollowingaddressesunlessadifferentaddressshallbedesignatedinwritinganddeliveredtotheotherpartyCityRightofWayManagerCityofAuburn25WestMainStreetAuburnWA980014998Telephone2539313010Fax2539313048withacopytoCityClerkCityofAuburn25WestMainStreetAuburnWA980014998GranteeOlympicPipeLineCompanyAttentionRightofWayDepartment2319LindAvenueRentonWA98055VersionDate2408PUBLICWAYAGREEMENTPage1
RES.A Page 22 of 140
BAnychangestotheabovestatedGranteeinformationshallbesenttotheCitysRightofWayManagerwithcopiestotheCityClerkreferencingthetitleofthisagreementCTheabovestatedGranteevoiceandfaxtelephonenumbersshallbestaffedatleastduringnormalbusinesshoursof8AMto5PMPacificStandardtimeSection2GrantofRighttoUsePublicWayASubjecttothetermsandconditionsstatedhereintheCitygrantstotheGranteegeneralpermissiontoenteruseandoccupytherightsofwayandotherCityownedpropertyspecifiedinExhibitAattachedheretoandincorporatedbyreferencethePublicWayBTheGranteeisauthorizedtoinstallremoveconstructerectoperatemaintainrelocateandrepairthefacilitiesspecifiedinExhibitBattachedheretoandincorporatedbyreferenceandallnecessaryappurtenancestheretoGranteeFacilitiesforprovisionoftheservicesspecifiedinExhibitBGranteeServicesinalongunderandacrossthePublicWayforthesolepurposeofprovidingGranteeServicestopersonsorareasoutsidetheCityCThisPublicWayAgreementdoesnotauthorizetheuseofthePublicWayforanyfacilitiesorservicesotherthanGranteeFacilitiesandGranteeServicesanditextendsnorightsorprivilegerelativetoanyfacilitiesorservicesofanytypeincludingGranteeFacilitiesandGranteeServiceselsewherewithintheCityDThisPublicWayAgreementisnonexclusiveanddoesnotprohibittheCityfromenteringintootheragreementsincludingPublicWayAgreementsimpactingthePublicWayunlesstheCitydeterminesthatenteringintosuchagreementsinterfereswithGranteesrightsetforthhereinEExceptasexplicitlysetforthhereinthisPublicWayAgreementdoesnotwaiveanyrightsthattheCityhasormayhereafteracquirewithrespecttothePublicWayoranyotherCityroadsrightsofwaypropertyoranyportionsthereofThisPublicWayAgreementshallbesubjecttothepowerofeminentdomainFTheCityreservestherighttochangeregraderelocateabandonorvacatethePublicWayIfatanytimeduringthetermofthisPublicWayAgreementtheCityvacatesanyportionofthePublicWaytheCityshallreserveaneasementforpublicutilitieswithinthatvacatedportionpursuanttoRCW3579030withinwhichtheGranteemaycontinuetooperatetheGranteeVersionDate2408PUBLICWAYAGREEMENTPage2
RES.A Page 23 of 140
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
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PublicWayAgreementshallbegovernedbyandconstruedinaccordancewiththelawsoftheStateofWashingtonIntheeventanysuitarbitrationorotherproceedingisinstitutedtoenforceanytermofthisAgreementthepartiesspecificallyunderstandandagreethatvenueshallbeexclusivelyinKingCountyWashingtonTheprevailingpartyinanysuchactionshallbeentitledtoitsattorneysfeesandcostsofsuitwhichshallbefixedbythejudgehearingthecaseandsuchfeesshallbeincludedinthejudgmentSection19EnforcementandRemediesAIftheGranteeshallwillfullyviolateorfailtocomplywithanyoftheprovisionsofthisPublicWayAgreementthroughwillfulintentorgrossnegligenceorshoulditfailtoheedorcomplywithanynoticegiventoGranteeundertheprovisionsofthisagreementtheCitymayatitsdiscretionprovideGranteewithwrittennoticetocurethebreachwithinthirty30daysofnotificationIftheCitydeterminesthebreachcannotbecuredwithinthirtydaystheCitymayspecifyalongercureperiodandconditiontheextensionoftimeonGranteessubmittalofaplantocurethebreachwithinthespecifiedperiodcommencementofworkwithintheoriginalthirtydaycureperiodanddiligentprosecutionoftheworktocompletionIfthebreachisnotcuredwithinthespecifiedtimeortheGranteedoesnotcomplywiththespecifiedconditionstheGranteeanditssuccessorsorassigneesshallforfeitallrightsconferredhereunderandthePublicWayAgreementmayberevokedorannulledbytheCitywithnofurthernotificationBShouldtheCitydeterminethatGranteeisactingbeyondthescopeofpermissiongrantedhereinforGranteeFacilitiesandGranteeServicestheCityreservestherighttocancelthisPublicWayAgreementuponthirtydays30writtennoticetoGranteeandrequiretheGranteetoapplyforobtainandcomplywithallapplicableCitypermitsfranchisesorotherCitypermissionsforsuchactionsandiftheGranteesactionsarenotallowedundertheAuburnCityCodetocompelGranteetoceasesuchactionsSection20CompliancewithLawsandRegulationsAThisPublicWayAgreementissubjecttoandtheGranteeshallcomplywithallapplicablefederalandstateorCitylawsregulationsandpoliciesincludingallapplicableelementsoftheCityscomprehensiveplaninconformancewithfederallawsandregulationsaffectingperformanceunderthisPublicWayAgreementFurthermorenotwithstandinganyothertermsofthisagreementappearingtothecontrarytheGranteeshallbesubjecttothepolicepoweroftheCitytoadoptandenforcegeneralordinancesnecessarytoprotectthesafetyandwelfareofthegeneralpublicinrelationtotherightsgrantedinthePublicWayprovidedthatsaidordinancesarenotinconflictwithfederalpipelinesafetyregulationsVersionDate2408PUBLICWAYAGREEMENTPage13
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BTheCityreservestherightatanytimetoamendthisPublicWayAgreementtoconformtoanyhereafterenactedamendedoradoptedmandatoryfederalorstatestatuteorregulationrelatingtothepublichealthsafetyandwelfareorrelatingtoroadwayregulationoraCityOrdinanceenactedpursuanttosuchfederalorstatestatuteorregulationuponprovidingGranteewiththirty30dayswrittennoticeofitsactionsettingforththefulltextoftheamendmentandidentifyingthestatuteregulationorordinancerequiringtheamendmentSaidamendmentshallbecomeautomaticallyeffectiveuponexpirationofthenoticeperiodunlessbeforeexpirationofthatperiodtheGranteemakesawrittencallfornegotiationsoverthetermsoftheamendmentIfthepartiesdonotreachagreementastothetermsoftheamendmentwithinthirty30daysoftheinitialnoticetheCitymayenacttheproposedamendmentbyincorporatingtheGranteesconcernstothemaximumextenttheCitydeemspossibleCTheCitymayterminatethisPublicWayAgreementuponthirty30dayswrittennoticetotheGranteeiftheGranteefailstocomplywithsuchamendmentormodificationSection21LicenseTaxandOtherChargesThisPublicWayAgreementshallnotexempttheGranteefromanyfuturelicensetaxorchargewhichtheCitymayhereinafteradoptpursuanttoauthoritygrantedtoitunderstateorfederallawforrevenueorasreimbursementforuseandoccupancyofpublicwaysSection22ConsequentialDamagesLimitationNotwithstandinganyotherprovisionofthisAgreementinnoeventshalleitherpartybeliableforanyspecialincidentalindirectpunitiverelianceconsequentialorsimilardamagesSection23SeverabilityIfanyportionofthisPublicWayAgreementisdeemedinvalidtheremainderportionsshallremainineffectSection24TitlesThesectiontitlesusedhereinareforreferenceonlyandshouldnotbeusedforthepurposeofinterpretingthisPublicWayAgreementVersionDate2408PUBLICWAYAGREEMENTPage14
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DATEDandSIGNEDthisdayofte20CITYOFAUBURN4rPETERBLEWISMAYORATTESTi1DaelleEDaskamCityClerkVersionDate2408PUBLICWAYAGREEMENTPage15APPROVEDASTOFORM
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NESYO100Fwltb0FMNRHLPNOPARGELLegendHandvalveIntersectionPointMainlinepipelinetSchoolNRoadHydroCitynameMilepostsIndianReservBdryCWashOreParcelAuburnboundary130MilePostj124V
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EXHIBITBA14inchdiameterpipelinefortheinterstatetransportationofpetroleumproductsNolocalserviceisprovidedThepipelinelocationisshowninExhibitA
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EXHIBITCSTATEMENTOFACCEPTANCEOlympicPipeLineCompanyforitselfitssuccessorsandassignsherebyacceptsandagreestobeboundbyalllawfultermsconditionsandprovisionsofthePublicWayAgreementattachedheretoandincorporatedhereinbythisreferenceOLYMPICPIPELINECOMPANY1rByCcetDateNamenctlTitlestSTATEOFssCOUNTYOFcOnthisdayofrfrtCrG2008beforemetheundersignedaNotaryPublicinandfortheStateofifidulycommissionedandswornpersonallyappearedfr1crofOlympicPipeLineCompanythecompanythatexecutedthewithinandforgoinginstrumentandacknowledgedthesaidinstrumenttobethefreeandvoluntaryactanddeedofsaidcompanyfortheusesandpurposesthereinmentionedandonoathstatedthathesheisauthorizedtoexecutesaidinstrumentINWITNESSWHEREOFIhavehereuntosetmyhandandaffixedmyofficialsealonthedatehereinabovesetforthSignatureaoTomNOTARYPUBLICinandfortheStateofaaczresidingatttfitCViciFaMYCMMISSINEXPIREStVersionDate11082007PUBLICWAYAGREEMENTPage16
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4890
Date:
December 10, 2012
Department:
Public Works
Attachments:
Resolution No. 4890
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend 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:Para
Meeting Date:December 17, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 40 of 140
--------------------------------------
Resolution No. 4890
December 10, 2012
Page 1 of 2
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, 15TH ST SW
AND WEST VALLEY HIGWAY SIGNAL #128 REPAIRS.
WHEREAS, the City Council of the City of Auburn has approved a project to
repair the signal at 15th 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 verification prior to the City Council meeting; and
WHEREAS, waiting to award the construction contract until the next regularly
scheduled meeting would result in a three week delay of the construction start date;
and
WHEREAS, the City of Auburn Public Works Department will assess the bids
received and identify the Lowest Responsible Bidder; and
WHEREAS, it is in the public interest to award and execute public works
construction contract 12-22, with all 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 Auburn is hereby authorized to review
bids, award, and execute an Agreement between the City of Auburn and the Lowest
RES.B Page 41 of 140
--------------------------------------
Resolution No. 4890
December 10, 2012
Page 2 of 2
Responsible Bidder for Project Number MS1203, Public W orks Contract Number 12-
22, 15th St SW and West Valley Highway signal #128 repairs, which agreement shall
conform with the Bid Documents, provided that the bid amount does not exceed the
project budget.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
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
RES.B Page 42 of 140
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.B Page 43 of 140
RES.B Page 44 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4891
Date:
December 10, 2012
Department:
Public Works
Attachments:
Resolution No. 4891
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend that 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:Truong
Meeting Date:December 17, 2012 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 45 of 140
------------------------------
Resolution No. 4891
December 10, 2012
Page 1
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 - 17th 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 W ashington 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 W ashington State
Transportation Improvement Board grant for $450,000.00 for the Auburn Way South
and M Street - 17th Street SE intersection improvements.
RES.C Page 46 of 140
------------------------------
Resolution No. 4891
December 10, 2012
Page 2
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:
_____________________
Daniel B. Heid,
City Attorney
RES.C Page 47 of 140
RES.C Page 48 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4887
Date:
December 11, 2012
Department:
Administration
Attachments:
Res 4887
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 4887.
Background Summary:
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Partridge Staff:Lein
Meeting Date:December 17, 2012 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 49 of 140
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 2DI.A Page 50 of 140
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:
C Daniel B Heid, City Attorney
Resolution No. 4887
December 7, 2012
Page 2 of 2DI.A Page 51 of 140
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 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'"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 I 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 I I 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 113"
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 @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.
DI.A Page 52 of 140
V.S. Yfouse of U;ppresentatives
Washington, D C. 20515
Olstrlct Office Lease
Page 1 of 2—113u`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 Clty 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/*"emher-E4eeEof the U.S. House of
Representatives("Lessee"), agree as follows:
1. Location. Lessor shall lease to Lessee square feet of office space located at
Pan of Suite A,21st Street SE
Office street address)
in the city, state and ZIP code of Aubum.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 2014 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 $75.80 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 1137"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.
DI.A Page 53 of 140
V.S. 7fouse of Representatives
Washington, D.C. 20515
District office 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 1 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.
DI.A Page 54 of 140
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 113th 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@a 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 emailing 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.
DI.A Page 55 of 140
J.S. 7ffouse of Representatives
Washington, D.C. 20515
01stMet 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.
DI.A Page 56 of 140
V.S. Mouse of Representatives
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.
11. 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.
DI.A Page 57 of 140
V.S. Yfouse of Representatives
Washington, D C. 20515
District Office [ease 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 CAD 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.]
DI.A Page 58 of 140
V.S. 9fouse of Representatives
Washington. D C. 20515
District OTfia lease Attachment
Page 4 of 4—11P 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
L
Date Date
From the Member's Office,who is the point of contact for questions9
Name Phone(_ E-mail mail.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 m:Administrative Counsel, 117 Ford House Office Budding, Washingion, D C. 10515
Copies may also be fared to 102-225-6999
DI.A Page 59 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4892
Date:
December 10, 2012
Department:
Human Resources
Attachments:
Resolution No. 4892
Public Defence 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:
Finance, Public Works
Councilmember:Partridge Staff:Heineman
Meeting Date:December 17, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 60 of 140
Resolution No. 4892
December 10, 2012
Page 1
RESOLUTION NO. 4892
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 fairness, equal protection, and due process in all cases where
right to counsel attaches; and
WHEREAS, the City of Auburn Municipal Court presides over cases
involving indigent persons and the City of Auburn provides Public Defense
Services; and
WHEREAS, the City of Auburn desires to continue to contract its Public
Defense Services; and
WHEREAS, it is fiscally responsible for the City of Auburn maintain its
contract with the Law Offices of Matthew Rusnak; and
WHEREAS, the Law Offices of Matthew Rusnak is providing effective
and efficient Public Defense Services for the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
DI.B Page 61 of 140
Resolution No. 4892
December 10, 2012
Page 2
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
contract attached hereto and denominated as Exhibit “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
DI.B Page 62 of 140
Resolution No. 4892
December 10, 2012
Page 3
ATTEST:
__________________________
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid
City Attorney
DI.B Page 63 of 140
PUBLIC DEFENSE SERVICES CONTRACT
CITY OF AUBURN, WASHINGTON
JANUARY 1, 2013-June 30, 2013
THIS AGREEMENT made and entered into by the City of Auburn, 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 or
screening through trial, sentencing, post conviction review, and any appeals to Superior
court or Washington appellate courts. The PUBLIC DEFENDER, or subcontractor 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 Auburn Detention Center, South Corrections Entity (SCORE),
or other alternative 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 document 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 qualifies 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
defendant has been sentenced or acquitted. All reports are due to the CITY on the 1`I
Public Defender Contract
January 1 2013-June 30 2013
Page 1 of 14
DI.B Page 64 of 140
day of the month following 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 shall be responsible to provide competent
professional legal services to the defendants represented. The PUBLIC DEFENDER
shall employ and/or associate a sufficient number of attorneys 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 and/or
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 any attorney who does have three (3) years experience. Such
experience shall include at least one-third emphasis on criminal defense.
B Legal interns involved in the representation of defendants in court must have
all of their work reviewed and/or countersigned by a supervising attorney No legal
intern 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 ("Order"), adopting new standards for indigent defense,
and certification of compliance Section 3 1 of the Order requires that the CITY
establish the maximum number of cases that each attorney will be expected to handle.
The Order does not impose a specific or recommended case limit until October 2013 At
that time, the Order suggests a guideline of four hundred (400) cases per attorney(if 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 that 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 attorney has over 10 years of criminal defense experience. This allows
them to more efficiently analyze charges, which in turn allows them to provide effective
Public Defender Contract
January 1 2013-June 30,2013
Page 2 of 14
DI.B Page 65 of 140
advice to their clients.As a result, the experienced attorneys are capable of handling
more cases while still providing effective representation
D All attorneys 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 present at arraignment hearings on stand-by should a defendant request legal
advice.
2.Case defined. A case is defined as the filing of a document with the court
naming a person as defendant or respondent, to which an attorney 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 incident
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 attorney 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 Contract
January 1 2013-June 30,2013
Page 3 of 14
DI.B Page 66 of 140
subsequently reappointed to the PUBLIC DEFENDER will be counted again, however,
this shall occur only once. No matter how many times a defendant 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 different
attorneys to represent 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 interns shall
be used unless agreed to by the CITY in advance. No attorney 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 attorney 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 specific defendant by the PUBLIC DEFENDER (as
defined in the Rules of Professional 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)
conflict 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 alternative 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 court
notify the defendant and the PUBLIC DEFENDER of the date, time, and nature of the
Public Defender Contract
January 1, 2013-June 30.2013
Page 4 of 14DI.B Page 67 of 140
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 Auburn, 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 CITY 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.
Day Number of Lawyers 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
Tuesday 3 Pre-trial (3 in CR 1) then Jail (1
Wednesday 2 In custody (2 in Jail
Thursday (a.m.) 2 Arraignment (1 in CR 1 then 1 Jail)
Thursday (p.m.) 2 Review Calendars (1 in ea CR)
Friday (a.m.) 2 In custody (2 in Jail)
Friday every 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 1,2013-June 30,2013
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DI.B Page 68 of 140
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 responsibilities with regard to the attorney-client relationship
12. The PUBLIC DEFENDER shall institute and maintain a procedure to
review the defendants' complaints. Complaints, which are not immediately resolved by
the PUBLIC 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
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 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 Kent's 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
DI.B Page 69 of 140
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. In
addition, the CITY will pay for transcription costs required for the appeal, regardless of
which party files the appeal.
All videotapes, COs, 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 151n 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 any 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 of 14
DI.B Page 70 of 140
through June 30, 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 employment 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 afterthe 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 CITY, with minimum liability
limits of $1,000,000 combined single limit for personal injury, death, or property damage
in any one occurrence.
Public Defender Contract
January 1,2013-June 30,2013
Page 8 of 14
DI.B Page 71 of 140
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 General 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, liability, 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 the sole
negligence of the CITY If a final judgment is rendered against the CITY, its officers,
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 Contract
January 1 2013-June 30 2013
Page 9 of 14
DI.B Page 72 of 140
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 Contract
January 1 2013-June 30, 2013
Page 10 of 14DI.B Page 73 of 140
DATED this Day of 12012.
CITY OF AUBURN
Peter B Lewis
Mayor
ATTEST
Danielle E. Daskam Date
City Clerk
APPROVED AS TO FORM
Daniel Heid Date
City Attorney
Law Offices 6
n
a J U ,ak
a 2--
Rep tive Dat
Public Defender Contract
January 1 2013-June 30 2013
Page 11 of 14DI.B Page 74 of 140
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 Theft 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 213
Criminal Trespass 1/3
Custodial Interference 1
Cyber Stalking 1
Dangerous Animal at Large 2/3
Discharge of Firearm 2/3
Disorderly Conduct 1/3
Display of Weapon 2/3
DUI 1
OWLS 1 1/2
DWLS2 1/2
DWLS3 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 Contract
January 1 2013-June 30,2013
Page 12 of 14DI.B Page 75 of 140
False Identification 1/2
False Insurance Card 112
False Information 1/2
False Reporting 1/2
False Statement 112
Fraud Dr License 1/2
Furnishing Liquor to Minor 1/2
Harm to a Police Dog 1
Harassment 1
Telephone Harassment 1
Domestic Violence Harassment 1
Hit and Run Attended 1
Hit and Run Unattended 1/2
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 Tavern 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 Cent. of Ownership 1/3
Operating Vehicle without Ignition Interlock 1/2
Patronizing a Prostitute 1/2
Physical Control t
Possession of Drug Paraphernalia 1/2
Possession of Marijuana 1/2
Possession of Stolen Property 2/3
Possession/Making Burglary Tools 2/3
Possession another's ID 112
Possession of Legend 2/3
Prostitution 1/2
Provoking Assault 2/3
Public Disturbance 1/3
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January 1 2013-June 30,2013
Page 13 of 14
DI.B Page 76 of 140
Reckless Driving 2/3
Reckless Burning 2/3
Reckless Endangerment 2/3
Refuse to Cooperate 1/2
Crimes Requiring Registration as Sex Offender 2
Resisting Arrest 2/3
Selling Liquor to Minor 1/2
Stalking t
Tampering with Property of Others 1/2
Tampering with a Witness 1
Theft 3 2/3
Theft of Rental Property 2/3
Unlawful Issuance of Bank Check 2/3
Unlawful Bus Conduct 112
Unlawful Camping 1/3
Unlawful Racing 2/3
Vehicle Prowl 2/3
Vehicle Trespass 2/3
Violation of Anti-harassment Order 2/3
Violation of No Contact Order 2/3
Violation of Instruction Permit 1/3
Violation of Occupancy License 1/3
Violation of Protection Order 2/3
Violation of Restraining Order 2/3
Violation of S.O.A.P Order 112
Weapons Capable of Harm 2/3
Public Defender Contract
January 1 2013-June30,2013
Page 14 of 14DI.B Page 77 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6442
Date:
December 7, 2012
Department:
Planning and Development
Attachments:
Memorandum
Ordinance No. 6442
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Legal
Councilmember:Wagner Staff:S. Wagner
Meeting Date:December 17, 2012 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 78 of 140
Memorandum
To: Councilmember Rich Wagner, Chair, Public Works Committee
Councilmember Bill Peloza, Vice Ch., Public Works Committee
Councilmember Wayne Osborne, Public Works Committee
From: Stuart Wagner, AICP, Planner
CC: Elizabeth Chamberlain, AICP, Planning Manager
Date: December 11, 2012
Re: Discussion of proposed code amendments to Hearing Examiner Chapter - Ordinance
No. 6442.
Background
The Public Works Committee recently went over zoning code amendments to Title 18 – Zoning
of the Auburn City Code (Code Update Project - Phase 2, Group 2). The Committee
recommended approval of those amendments to full City Council and on November 5, 2012 the
City Council adopted them. Planning staff had intended to bring changes to the Hearing
Examiner Chapter (18.66 ACC) with the previous code amendments, but they were not at a
point to move forward. The remaining item for review are the changes related to the Hearing
Examiner Chapter (18.66 ACC).
On November 7, 2012 the Planning Commission held a duly noticed public hearing on the
amendments. At the close of the public hearing, the Planning Commission concurred with staff
and made a recommendation to the City Council for adoption of the proposed code
amendments.
Discussion
The role of the Hearing Examiner, as codified in Auburn City Code (ACC), goes beyond land
use matters. The Hearing Examiner is also the appeal body on many contested administrative
decisions such as utility billing disputes, dangerous dog determinations, or building and code
violations but Chapter 18.66 ACC – Hearing Examiner is only written for the purposes of land
use matters. As such, the Hearing Examiner Chapter is better suited in Title 2 – Administrative
and Personnel where other positions, boards, committees, and commissions are listed.
In addition to relocating the Hearing Examiner Chapter to Title 2, staff in consultation with the
legal department and current Hearing Examiner, amended the Chapter in several places. The
following is a summary of those changes:
• The Hearing Examiner as the appeal body to administrative decisions is referenced
throughout the code. In order to bring clarity and ease of use to the code, staff has
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added a new “areas of jurisdiction” section that shows everything the Hearing Examiner
is responsible for.
• The current code has the planning department as the department that receives all
applications and appeals. It also lists the planning department in charge of writing
reports that summarize the issues involved. The code has been modified to read
“responsible parties” instead of the planning department because land use matters are
not the only cases the Hearing Examiner reviews.
• Most jurisdictions have a “burden of proof” section in their code. Staff has added this
section to the Hearing Examiner Chapter to indicate which party (applicant/appellant or
City) is responsible for proving their case.
• The current code only gives the Hearing Examiner 10 calendar days to provide a written
decision. The code has been modified to 10 working days, thereby giving the examiner
additional time to write his decision. This new timeline also matches state law (RCW
35.63.170)
• Chapter 18.66 ACC is referenced throughout the Auburn Municipal Code. All references
have been changed to Chapter 2.46 ACC.
Attached to this memorandum are the code amendments reviewed by the Planning Commission
and the Planning and Community Development Committee, now in ordinance format.
Ordinance No. 6442 is scheduled a discussion item for the December 17, 2012 Public Works
Committee meeting and as an action item for the City Council Meeting also on December 17,
2012.
Enclosures
1. Ordinance 6442 – ACC Chapter 2.46 (Originally 18.66 ACC)
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Ordinance No. 6442
November 29, 2012
Page 1 of 30
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, 16.10.160, 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 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 Auburn 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 City of Auburn City Council; and
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November 29, 2012
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WHEREAS, the City Council has reviewed and considered the Planning
Commission recommendations; and
WHEREAS, environmental 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-significance (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, Growth
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 City Code. That Section 3.60.036 of the Auburn
City Code be and the same amended to read as follows:
3.60.036 Construction 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
on sales of or charges made for labor and services rendered in respect to such construction or
installation of such machinery or equipment, are eligible for an exemption as provided for in this
section: for property zoned downtown urban center (DUC), C-3 (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
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Ordinance No. 6442
November 29, 2012
Page 3 of 30
expansion of existing commercial buildings that creates new or expanded building floor area
that generates sales tax revenue.
2. For property zoned downtown urban center (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 current assessed value of the improvements on the property pursuant to the
assessment records of King or Pierce County, as applicable.
3. For property zoned M-1 (light industrial district), M-2 (heavy industrial district) and EP
(environmental park district), purchases directly related to the construction of new commercial
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 cost of
the improvement is at least 25 percent of the current assessed value of the improvements on
the property pursuant to the assessment records of King or Pierce County, as applicable.
B. Beginning on the effective date of the ordinance codified in this section through a date
four years after the effective date, a purchaser is eligible for an exemption specified under this
section 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 Auburn
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 term 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
tenants or proprietors.
2. "Commercial building" means a structure that has, as its primary purpose, a
commercial use as that term 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 specified in subsection (A)(1) of this section
shall only apply to those businesses engaged in normal business activities under the following
classifications of businesses occurring within the specified zoning designations:
a. General Merchandise, Warehouse Club, SuperCenter – Sales Tax Classification
Code 45291;
b. Building Materials and Garden Home Center – Sales Tax Classification Code
44411;
c. Electronics and Appliances – Sales Tax Classification Code 44311;
d. Full Service Restaurants – Sales Tax Classification Code 722110;
e. New and Used Automobile and Light Utility Truck Dealers – Sales Tax
Classification Code 44110;
f. Bowling Centers – Sales Tax Classification Code 713950;
g. Motion Picture 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 districts as
set forth in those subsections.
E. Application for Refund.
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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 form and manner prescribed by the city and shall submit information that the city deems
adequate to justify the exemption, including but not limited to:
a. Identification of the vendor/contractor;
b. North American Industry Classification System (NAICS) code under which the tax
was reported;
c. Name and Unified Business Identifier (UBI) number of the vendor/contractor on
the Combined Excise Tax Return filed with the state of Washington; and
d. Detailed information supporting the amounts reported under the State Use and
Sales Tax section 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 claimed and the qualifying
purchases for which the exemption is claimed. The purchaser must retain all records provided to
the city in making its claim.
3. The city shall determine eligibility under this section based on the information
provided by the purchaser, which is subject to audit verification by the city. If the city verifies
eligibility, it 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 section may file a written appeal to the city's hearing
examiner in accordance with Chapter 2.4618.66 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 city. (Ord. 6376 § 2,
2011.)
Section 2. Amendment to City Code. That Section 3.94.090 of the Auburn
City Code be and the same amended to read as follows:
3.94.090 Extension of conditional certificate – Required findings – Denial – Appeal.
A. The conditional certificate may be extended by the director for a period not to exceed 24
consecutive months. The owner shall submit a written 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 if 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 continue to act, 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 shall
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 calendar days after issuance of the notice of the denial. The appeal
before the hearing examiner shall follow the provisions of Chapter 2.4618.66 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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Section 3. Amendment to City Code. That Section 3.94.100 of the Auburn
City Code be and the same amended to read as follows:
3.94.100 Final certificate – Application – Issuance – Denial – Appeal.
A. Upon completion of the construction as provided in the contract between the owner and
the city, and upon issuance of a temporary certificate of occupancy, or a permanent certificate
of occupancy if no temporary certificate is issued, the owner may request a final certificate of tax
exemption. The owner shall file with the director such information as the director may deem
necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum
include:
1. An audited statement of expenditures made with respect to each multifamily housing
unit and the total expenditures made with respect to the entire property, including total project
costs, which statement shall be approved by the city of Auburn finance director.
2. A description of the completed work and a statement of qualification for the
exemption.
3. A statement that the work was completed within the required three-year period or
any approved 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 certificate, the
director shall determine whether the completed work is consistent with the contract between the
city and owner, whether all 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 with the
contract between the owner and the city and the requirements of this chapter, the city shall file a
final certificate of tax exemption with the assessor within 10 calendar days of the expiration of
the 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 contract with the city required under ACC 3.94.050, or such other document(s) as
will 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 director determines that the project was not completed within the required three-year period
or any approved extension, or was not completed in accordance with the contract between the
owner and the city and the requirements of this chapter, or the owner’s property is otherwise not
qualified 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 follow the provisions for appeal contained
in Chapter 2.4618.66 ACC. The owner may appeal the hearing examiner’s decision to the King
County superior court according to the procedures contained in RCW 34.05.510 through
34.05.598, as provided in RCW 84.14.090(6), within 30 days of notification by the city to the
owner of the decision. (Ord. 5779 § 1, 2003.)
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Section 4. Amendment to City 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 for 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 shall notify the
property owner by certified mail, return receipt requested. The property owner may appeal the
determination by filing a notice of appeal with the city clerk within 30 calendar days after
issuance of the decision by the director, specifying the factual and legal basis for the appeal.
The appeal before the hearing examiner shall follow the procedures set forth in ACC
2.4618.66.1100 through 2.4618.66.160. At the appeal hearing, all affected parties may be heard
and all competent evidence received. The hearing examiner shall affirm, modify, or repeal the
decision to cancel the exemption based on the evidence received. The hearing examiner shall
give substantial weight to the director’s decision to cancel the exemption, and the burden of
proof and the burden of overcoming the weight 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 with 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 City Code. That Section 10.02.120 of the
Auburn 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. Appeals of the public works director's determinations made pursuant to this chapter must
be filed with the city's public works department within 20 days after the final administrative
decision is issued. Appeals shall be heard by the city's hearing examiner in accordance with
Chapter 2.4618.66 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 examiner's determination shall be final unless appealed to the superior court
of the county in which the employer's primary offices/facilities are located within the city of
Auburn in accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the
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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 City Code. That Section 12.24.090 of the
Auburn City Code be and the same amended to read as follows:
12.24.090 Contest of city engineer’s decision.
Any person aggrieved by the granting or denying of a construction permit pursuant to this
chapter shall have the right of review by the public works director as follows:
A. All complaints filed pursuant to this section must be filed in writing with the public works
director within 10 working days of the date of the decision being contested;
B. All complaints filed pursuant 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 engineer’s
decision, which shall constitute the basis of the complaint;
C. Upon receipt of a timely written notice of complaint, the public works director shall review
the materials submitted and determine whether to uphold or modify 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 with ACC 1.25.090 and Chapter 2.4618.66 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 City Code. That Section 12.64A.060 of the
Auburn City Code be and the same amended to read as follows:
12.64A.060 Appeal and enforcement.
A. Appeals of determinations 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 director 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 the 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 pursuant
to Chapter 2.4618.66 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 determination shall be final unless appealed as provided herein.
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C. Appeals of decisions of the hearing examiner under this chapter shall be final unless
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 determination under this chapter, at any stage of appeal, the
applicant/appellant must indicate if the appeal pertains to:
1. The determination of the required improvements in the public right-of-way;
2. The determination to require or deny a deferral of said improvements; and/or
3. The determination to require the payment of a fee in lieu for a deferral instead of an
executed and recorded agreement.
E. The associated building, grading or special permit shall not be issued until all appeals
are concluded. (Ord. 6182 § 2, 2008; Ord. 6083 § 2, 2007.)
Section 8. Amendment to City 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 structures 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, all electric and telecommunication
service connections 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 within 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
essence and such notice to the property owner or occupant of the affected premises may be
mailed.
B. Property Owner's Responsibilities.
1. Such conversion of the service connection, including installation of any underground
service connections, shall be completed within 90 calendar days of the city's mailing set forth in
subsection A of this section and RCW 35.96.050 that service from the underground utility
facilities is available.
2. Property owners wishing to discontinue utility service shall provide written notice of
that intent 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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3. If the owner of any structure or improvement 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 electric 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 borne 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 aerial electric or telecommunication utility facilities that are being relocated
underground shall be at the owner(s)'s expense, including:
a. Decommission, disconnect, and remove the service connections from those
utility facilities to any structures or improvements located on the property.
b. Either install underground service connections to those structures/improvements
on the property or, upon approval of the city engineer, discontinue utility service to one or more
of the structures/improvements on the property.
3. All such conversion of utility facilities to underground facilities may be undertaken by
local improvement district or as otherwise permitted by law and as further authorized by RCW
35.96.030 and 35.96.040.
D. Appeal Procedures.
1. A property owner may object to the disconnection and removal of an aerial service
connection by filing a written objection thereto with the city clerk within 30 calendar days after
the date of the mailing of the notice set forth in subsection A of this section. Failure to object
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 owner of an objection, the owner shall have the right to
file an appeal of the city engineer's directive, which shall be heard by the city of Auburn 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 fact, 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 report 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
2.4618.66 ACC and notify the contesting party of the scheduled hearing. (Ord. 6238 § 2, 2009.)
Section 9. Amendment to City Code. That Section 13.41.070 of the
Auburn City Code be and the same amended to read as follows:
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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 2.4618.66 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 county in
which the property subject to the utility system development charges is located within the city of
Auburn, 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; Ord. 3510 § 7, 1980.)
Section 10. Amendment to City Code. That Section 15.76.040 of the
Auburn 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 designation of a landmark or issuing or denying a certificate of appropriateness
may, within 35 calendar days of mailing notice of such designation or rejection of nomination, or
of such issuance or denial or approval of a certificate of appropriateness, appeal such decision
in writing to the hearing examiner pursuant to Chapter 2.4618.66 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 argument.
B. If, after examination of the written appeal and the record, the examiner determines 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 judgment 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 information 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 action. 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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Section 11. Amendment to City Code. That Section 16.06.330 of the
Auburn 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 county 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 allowed by RCW 43.21C.060 and 43.21C.075 must be brought within the time
limits specified in ACC 2.4618.66.160.
B. Such council 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 City Code. That Section 16.08.080 of the
Auburn 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 shall be held not less than 30 days
following the final publication of the notice required by ACC 16.08.050.
B. The notice and conduct of the public hearing shall be in accordance with Chapter
2.4618.66 ACC. (Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1,
1987; 1957 code § 11.94.050(a).)
Section 13. Amendment to City Code. That Section 16.10.150 of the
Auburn City Code be and the same amended to read as follows:
16.10.150 Reasonable use provision.
A. The standards and requirements of these regulations are not intended, and shall not be
construed 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 exception shall be processed as a Type III decision,
pursuant to ACC 14.03.030 and Chapter 2.4618.66 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 alternative to the activities 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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2. The proposed activities, as conditioned, will result in the minimum possible impacts
to affected critical areas;
3. All reasonable mitigation measures have been implemented or assured;
4. The inability to derive reasonable use is not the result of the applicant's actions or
that of a previous property owner, such as by segregating or dividing the property and creating
an undevelopable condition; and
5. The applicant shall demonstrate that the use would not cause a hazard to life, health
or property.
D. The burden of proof shall be on the applicant to provide evidence in support of the
application and to provide sufficient information on which any decision 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 applicant
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 City Code. That Section 16.10.160 of the
Auburn City Code be and the same amended to read as follows:
16.10.160 Variances.
Applications for variances to the strict application of the terms of this chapter to a property
may be submitted to the city. Minor variances, defined as up to and including 10 percent of the
requirement, 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 2.4618.66 ACC. Approval of
variances from the strict application of the critical area requirements shall conform to the
following criteria:
A. There are unique physical conditions peculiar and inherent to the affected property
which makes it difficult 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,
and/or the proposal does not create or increase a risk to the public health, safety and general
welfare, or to public or private property;
D. The proposed variance would not adversely affect surrounding properties adjoining;
E. Adverse impacts to critical areas resulting from the proposal are minimized; and
F. The special circumstances or conditions affecting the property are not a result of the
actions of the applicant or previous owner. (Ord. 5894 § 1, 2005.)
Section 15. Amendment to City Code. That Section 16.10.170 of the
Auburn City Code be and the same amended to read as follows:
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16.10.170 Special exception 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 shall include a critical area identification form; critical
area report, including mitigation plan, if necessary; and any other related project documents
such as permit applications to other agencies, special studies, and environmental documents
prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The director
shall prepare a recommendation to the hearing examiner based on review of the submitted
information, 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
director's recommendation, and conduct a public hearing pursuant to the provisions of Chapter
2.4618.66 ACC. The hearing examiner shall 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 alternative to the proposed development with less impact
on critical areas;
2. The application of this chapter would unreasonably restrict the ability 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 site;
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 application and to provide sufficient information on which any decision has to be
made on the application. (Ord. 5894 § 1, 2005.)
Section 16. Amendment to City Code. That Section 17.06.030 of the
Auburn City Code be and the same amended to read as follows:
17.06.030 Administrative review.
A boundary line adjustment shall be reviewed in accordance with ACC Title 14 as a Type I
decision.
A. The planning director 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 comments 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 adj ustment. Following a
decision, the director shall notify the applicant 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 adjustment,
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 2.4618.66.160. (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 City Code. That Section 17.10.050 of the
Auburn City Code be and the same amended to read as follows:
17.10.050 Hearing examiner review of preliminary plats.
A. Pursuant to the provisions of Chapter 2.4618.66 ACC, the hearing examiner shall within
14 calendar days of the closure of the public hearing approve, deny, or approve with conditions
the preliminary plat. The hearing examiner shall not recommend approval of the preliminary plat
unless he finds the proposed subdivision is in conformance with the findings of fact as outlined
in ACC 17.10.070.
B. Pursuant to the provisions of ACC 2.4618.66.150, 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 within 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. Formerly
17.06.050.)
Section 18. Amendment to City Code. That Section 17.20.030 of the
Auburn 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 2.4618.66.130 on the
application for an alteration and may approve or deny the application for alteration of the
subdivision after determining the public use and interest to be served by the alteration of the
subdivision. (Ord. 6239 § 1, 2009; Ord. 6186 § 17, 2008; Ord. 4296 § 2, 1988. Formerly
17.22.030.)
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Section 19. Amendment to City Code. That Section 17.22.030 of the
Auburn 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 2.4618.66.130 on the
application for a vacation and may recommend to the council to 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 approval of a vacation
pursuant to this chapter. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.20.030.)
Section 20. Amendment to City Code. That Section 18.46A.040 of the
Auburn 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 city of Auburn hearing examiner in accordance with the provisions of Chapter
2.4618.66 ACC, as amended. Appeals of the hearing examiner decision may be appealed in
accordance with applicable provisions of Chapter 2.4618.66 ACC. (Ord. 6268 § 2, 2009.)
Section 21. Amendment to City Code. That Section 18.49.090 of the
Auburn City Code be and the same amended to read as follows:
18.49.090 Appeals.
Appeals of administrative decisions regarding eligibility for flexible development shall be
made to the hearing examiner as outlined in Chapters 2.4618.66 and 18.70 ACC. (Ord. 6245 §
19, 2009.)
Section 22. Amendment to City Code. That Section 18.62.030 of the
Auburn City Code be and the same amended to read as follows:
18.62.030 Permit.
Any surface 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 2.4618.66 ACC.
The hearing examiner's approval of the permit may require mitigating conditions of approval as
well as financial guarantees to ensure compliance 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 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. Determinations on
appeals shall be based on whether the decision being appealed was consistent with applicable
state law and city codes.
Section 23. Amendment to City Code. That Section 18.62.080 of the
Auburn 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 outside the city’s
comprehensive plan designated mineral resource areas may be granted a permit 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
of 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 with the conditions 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 anticipated to begin.
C. The master permit 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 impacts 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 significant
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 subsection B of this section. If the planning
director determines that operations are not in compliance with the conditions of the master
permit, the planning director 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 significant adverse impacts have occurred that were not previously identified
and mitigated, the planning director shall advise the mining operator of any required
corrections/revisions to the master permit to include such mitigation. If new operation standards
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 director’s notice under
this subsection to make the required corrections/revisions or to appeal the planning director’s
decision to the hearing examiner pursuant to Chapter 2.4618.66 ACC. The hearing examiner
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may affirm, modify, or disaffirm the planning director’s determination. If the mining operator does
not appeal the planning director’s determination then the mining operator shall make the
corrections/revisions proposed by the planning director and the master permit shall be modified
to incorporate the revisions/corrections. If the mining operator does not make the
corrections/revisions as required by the city then the building official shall proceed with
enforcement action under Chapter 1.25 ACC.
E. If permits for mines located outside the city’s comprehensive plan designated mineral
resource area are not renewed then the surface mining operations shall cease and the mine
reclaimed pursuant to the requirements of Chapter 78.44 RCW. (Ord. 5060 § 1, 1998.)
Section 24. Amendment to City Code. That Section 18.64.020 of the
Auburn City Code be and the same amended to read as follows:
18.64.020 Process.
A. Administrative Use Permits. An application for an administrative use permit shall be
reviewed in accordance with ACC Title 14 as a Type II decision, subject to the additional
provisions of this section. The planning director or designee shall make the final decision unless
the application is forwarded to the hearing examiner pursuant to subsection (A)(2) of this
section, in which case the hearing examiner will make the final decision.
1. Additional Public Notice Requirements. Administrative use permits for uses in the
following 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, C-2 neighborhood business district, C-3 heavy commercial
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 city's website.
2. Following the public 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 pursuant to the
procedural requirements of ACC Title 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 2.4618.66 ACC if the planning director or designee determines that one or more of the
following exists:
i. Public comments indicate a substantial degree of concern, 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 controversial 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 within 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 supplemental permit
review fees set forth in the city of Auburn fee schedule are received; and
iii. The application shall be deemed withdrawn if the supplemental fees are not
received within 30 days of the applicant notification by the city.
B. Conditional Use Permits. An application for a conditional use permit shall be reviewed in
accordance with ACC Title 14 as a Type III decision. A request for a conditional use permit shall
be heard by the hearing examiner in accordance with the provisions of Chapter 2.4618.66 ACC.
The hearing examiner shall make the final decision.
C. When a proposal includes 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 City Code. That the Section 18.64.055 of the
Auburn 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
decision to the hearing examiner as provided for in Chapters 14.13 and 18.70 ACC. If the
planning director 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 2.4618.66 ACC.
The planning director's decision to forward an application to the hearing examiner for public
hearing and decision may not be appealed.
B. Conditional Use Permits. Any affected party may submit a request for reconsideration
and/or appeal the hearing examiner's final decision as provided for in Chapter 2.4618.66 ACC.
(Ord. 6269 § 22, 2009.)
Section 26. Amendment to City Code. That the code section reference in
Section 18.68.030 of the Auburn City Code be and the same amended to read as
follows:
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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.
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. After review 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 2.4618.66.170;
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 not 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 City Code. That Section 18.70.050 of the
Auburn City Code be and the same amended to read as follows:
18.70.050 Administrative appeals.
Appeals from any administrative decision made under this title may be appealed to the
hearing examiner pursuant to Chapter 2.4618.66 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 official. 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
shall be filed with the planning director within 14 days of mailing the city’s written decision. The
city shall extend 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 2.4618.66 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 affirm 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. Affected by other error of law;
5. Clearly erroneous; or
6. Arbitrary or capricious. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
Section 28. Amendment to City Code. That Section 18.70.060 of the
Auburn City Code be and the same amended to read as follows:
18.70.060 Appeal of hearing examiner's decision.
The hearing examiner's decisions may be appealed to superior court in the manner
prescribed by Chapter 2.4618.66 ACC. (Ord. 6185 § 10, 2008; Ord. 4840 § 1, 1996; Ord. 4229
§ 2, 1987.)
Section 29. Amendment to City Code. That Section 18.76.130 of the
Auburn City Code be and the same amended to read as follows:
18.76.130 Hearing examiner review.
Pursuant to the provisions of Chapter 2.4618.66 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 City Code. That Section 19.06.080 of the
Auburn 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 regarding the impact fees imposed on any development
activity may only be made by the feepayer of the property where such development activity will
occur. No appeal submitted under protest shall be permitted unless and until the impact fees at
issue have been paid. Alternatively, any feepayer may appeal the impact fees determined by
the director without first paying the fees, providing the applicant is willing to provide a
satisfactory security of the appealed fee amount in accordance with the requirements of ACC
17.14.010(A) prior to issuance of the building permit. Alternatively, any feepayer 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 permit until after the appeal process when the
revised final fee is known.
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B. Determinations 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 determination 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 director's issuance of a written
determination 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 determination, including, where
appropriate, the independent 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 2.4618.66 ACC. At the hearing,
any party may appear in person or by agent or attorney.
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 amount of the credit, or the
accuracy or applicability of an independent fee calculation. The decision of the hearing
examiner shall be final, except as provided in subsection (G) of this section.
F. The hearing examiner may, so long as such action is in conformance with the provisions
of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the
director with 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 fairness, and may make such
order, requirements, decision or determination as ought to be made, and to that end shall have
the powers which have been granted 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 2.4618.66 ACC. (Ord. 6341
§ 4, 2011; Ord. 5977 § 1, 2005.)
Section 31. Relocation and Amendment to City Code. That Chapter 18.66 is
amended and recodified as a New Chapter, 2.46 of the Auburn City Code to read as
follows:
Chapter 2.4618.66
HEARING EXAMINER
Sections:
2.4618.66.010 Title.
2.4618.66.020 General objectives.
2.4618.66.030 Creation of the hearing examiner.
2.46.035 Powers and areas of jurisdiction
2.4618.66.040 Appointment and term.
2.4618.66.050 Removal.
2.4618.66.060 Qualifications.
2.4618.66.070 Examiner pro tempore – Duties.
2.4618.66.080 Hearing examiner – Conflict of interest.
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2.4618.66.090 Freedom from improper influence.
18.66.100 Duties of the examiner – Applications and decisions.
2.4618.66.100110 Applications.
2.4618.66.110120 Report by planning department.
2.46.120 Burden of Proof
2.4618.66.130 Public hearing.
2.4618.66.140 Examiner’s decision and recommendations – Findings required.
2.4618.66.150 Request for reconsideration.
2.4618.66.160 Appeal of final decisions.
2.4618.66.170 Hearing examiner’s recommendation.
2.4618.66.180 Council action.
2.4618.66.190 Review of chapter by council.
2.4618.66.010 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; Ord. 4229 §
2, 1987.)
2.4618.66.020 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 processes.
(Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
E. Provide an efficient and effective administrative adjudicatory system for review of
contested administrative determinations.
2.4618.66.030 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 provided 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 Hearing Examiner shall have the power to receive and examine available information,
conduct public hearings, prepare a record thereof and enter findings of fact, conclusions based
upon those facts and enter decisions as provided by ordinance. Notwithstanding any other
provision in the Auburn Municipal Code, the Hearing Examiner’s areas of jurisdiction shall
include those matters contained in this chapter.
A. The decision of the Hearing Examiner on the following matters shall be final:
1. Appeals of assessed civil penalties (ACC 1.25.065 (E))1
2. Appeals regarding the city’s decision on refunds from the construction sales tax
exemption (ACC 3.60.036 (F))
1 The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130
DI.C Page 102 of 140
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Page 23 of 30
3. Appeals from the planning director’s denial of an application for a multi-family tax
exemption (MFTE) (ACC 3.94.070 (F))
4. Appeals from the planning director’s denial of an extension of a conditional certificate
for MFTE ACC 3.94.090 (B))
5. Appeals of a dangerous dog determination (ACC 6.35.020 (D))
6. Appeals of a decision by the planning director regarding expansion of hours for
construction noise (ACC 8.28.010 (B)(8)(d))
7. Appeals of a decision by the city engineer regarding construction permits (ACC
12.24.090 (C))
1.8. Appeals of a decision by the city engineer regarding undergrounding of utilities
(ACC 13.32A.130 (D)
2.9. Appeals of decisions by the building official or fire code official regarding building
and code violations (ACC 15.07.130)2
10. Applications for a shoreline conditional use permit (ACC 16.08.054), (note that by
statutes, the State Department of Ecology has final approval authority)
B. The decision of the Hearing Examiner on the following matters shall be final unless such
decision is appealed to the City Council as provided in this chapter:
1. Appeals from denial, civil penalty suspension or revocation of a business license
(ACC 5.15.070)
2. Appeals from denial of a rental housing business license (ACC 5.22.060 (D))
3. Appeals from revocation or notice of intent to revoke a rental housing business
license (ACC 5.22.080 (B))
C. The decision of the Hearing Examiner on the following matters shall be the final
administrative decision of the City:
1. Appeals from the planning director’s denial of a final certificate for Multifamily
Property Tax Exemption MFTE (ACC 3.94.100 (B))
2. Appeals from the planning director’s cancellation of a tax exemption for MFTE (ACC
3.94.120 (C))
3. Appeals of a decision by the public works director regarding 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. Appeals of a decision by the public works director regarding required public
improvements (ACC 12.64A.060)
6. Appeals of a decision by the public works director regarding system development
charges (ACC 13.41.070)
7. Hear and resolve tenant complaints against landlords regarding utility billing
practices (3rd party billing) (ACC 13.52.050)
8. Appeals of a decision by the planning director on a relocation report and plan related
to the closure of a mobile home park (ACC 14.20.110)
9. Appeals of a decision by the floodplain administrator on floodplain development
permits (ACC 15.68.125)
10. Appeals of a decision by the landmarks and heritage commission on historical
designations (ACC 15.76.040)
11. Appeals of a decision by the SEPA responsible official on threshold determinations
(ACC 16.06.250) – public hearing needed
12. Appeals from Critical Area Review decisions (ACC 16.10.140)
2 The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130
DI.C Page 103 of 140
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Page 24 of 30
13. Applications for a reasonable use exception due to critical area regulations (ACC
16.10.150)
14. Applications for a buffer width variance of critical areas regulations which exceeds 10
percent of a quantifiable standard. (ACC 16.10.160)
15. Applications for a public agency special exception to critical area regulations (ACC
16.10.170)
16. Appeals from a decision of the planning director regarding boundary line adjustments
(ACC 17.06.030)
17. Applications for a preliminary plat (ACC 17.10.050)
18. Applications for modification of standards and specifications related to a preliminary
plat (ACC 17.18.010)
19. Applications for alteration of any subdivision (ACC 17.20.030)
20. Appeals from a decision of the planning director regarding site plan approval of a
business park (ACC 18.36.020 (B))
21. Applications for a special home occupation permit (ACC 18.60.040A)
22. Applications for a surface mining permit (ACC 18.62.030)
23. Appeals from a decision of the planning director regarding administrative use permits
(ACC 18.64.020(A))
24. Applications for a conditional use permit (ACC 18.64.020 (B))
25. Applications for a variance (ACC 18.70.010)
26. Appeals from a decision of the planning director regarding administrative variances
(ACC 18.70.015)
27. Applications for a special exception (ACC 18.70.020)
28. Applications for a variance in the regulatory floodplain (ACC 18.70.025)
29. Appeals from any administrative decision under Title 18 – Zoning (ACC 18.70.050)
30. Appeals from a decision of the planning director regarding fire impact fees (ACC
19.06.080)
31. Appeals from a decision of the parks director regarding park impact fees (ACC
19.08.040)
D. On the following matters, the Hearing Examiner shall enter findings of fact, conclusions
of law, and recommendations to the City Council:
1. Applications for vacating a subdivision or portion of a subdivision, or any land
dedicated for public use, except rights-of-way associated with public streets (ACC 17.22.030)
2. Application for a business park (conceptual approval) (ACC 18.36.020 (A))
3. Applications for a rezone (zoning map amendment) initiated by an applicant other
then the city (ACC 18.68.030).
4. Applications for major amendments to the Lakeland Hills PUD (ACC 18.76.130)
2.4618.66.040 Appointment and term.
The hearing examiner shall be appointed by the mayor and subject to confirmation by the
Auburn city council. In the event that the appointed examiner is unable to perform 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.)
2.4618.66.050 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.)
DI.C Page 104 of 140
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Ordinance No. 6442
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2.4618.66.060 Qualifications.
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
Auburn area. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
2.4618.66.070 Examiner pro tempore – Duties.
The examiner pro tem, in the event of the absence or inability of the examiner to act, shall
have all the duties and powers of the examiner. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
shall have the power to perform the duties of the hearing examiner whenever the hearing
examiner is absent, has a conflict of interest, or otherwise so requests.
The qualifications for hearing examiner pro tem are the same as for the hearing examiner.
2.4618.66.080 Hearing examiner – Conflict 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 exert 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 in the land use regulatory process appearing before the Hearing 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 recognized 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 shall state and shall abstain therefrom to the end that the proceeding is fair and has
the appearance of fairness, 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 mayor shall be
notified and the mayor shall appoint a hearing examiner shall assign the matter to a hearing
examiner pro tem to sit in the hearing examiner’s stead. (Ord. 4840 § 1, 1996; Ord. 4229 § 2,
1987.)
2.4618.66.090 Freedom from improper influence.
No council member, city official, or any other person shall attempt to interfere 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.)
18.66.100 Duties of the examiner – Applications and decisions.
For cases and actions as prescribed by ordinance, the examiner shall receive and examine
available information, conduct public hearings, prepare a record thereof, and enter findings of
fact, conclusions based upon those facts, and a decision. As provided by ordinance, such
decision may be a recommendation or a final action subject to appeal as provided by ordinance.
(Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
2.4618.66.100110 Applications and appeals.
Applications and appeals requiring a determination by the hearing examiner shall be filed
with the department that has responsibility for the ordinance that is the subject ot the application
or appeal.planning department
DI.C Page 105 of 140
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Ordinance No. 6442
November 29, 2012
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A. Within 28 days of receipt of an application the planning department shall determine whether
the application is complete. If complete, the application shall be accepted. If not complete, the
planning department shall request that the applicant provide additional information as necessary
to complete the application. Where applicable, this process shall meet the requirements for
completion as set forth in ACC Title 14.
B. The applicant shall be advised of the date of acceptance of the application and of the
environmental determination, if one is made. The applicant shall be advised of the date of any
public hearing at least 10 calendar days prior to the hearing. If pursuant to ACC Title 14, an
open record predecision hearing is required and the threshold determination requires public
notice pursuant to Chapter 16.06 ACC, then the threshold determination shall be issued at least
15 days prior to the open record predecision hearing. (Ord. 4840 § 1, 1996; Ord. 4229 § 2,
1987.)
A. Applications requiring a hearing examiner decision shall be scheduled for hearing
promptly upon notification by the that the application is complete and ready for scheduling.
B. Promptly following receipt of a timely appeal, the hearing examiner shall schedule a
hearing consistent with the requirements of the applicable ordinance(s) and these rules.
2.4618.66.110120 Report by planning department.
When a matter identified in section 2.46.035 has been set for public hearing, the responsible
department When such application has been set for public hearing, if required, the planning
department shall coordinate and assemble the comments and recommendations of other city
departments and other governmental agencies having an interest in the subject application and
shall prepare a report summarizing the issues involved, and the responsible department’s
findings and recommendation. planning department findings of fact, recommended conditions
and/or recommended action. This report shall be transmitted to the examiner at least four
calendar days prior to the scheduled hearing. Copies of this report shall be mailed to the
applicant prior to the hearing and shall be made available to the public for the cost of
reproduction prior to the scheduled hearing. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
2.46.120 Burden of proof.
Unless otherwise provided for in the Auburn City Code, the burden of proof before the
Hearing Examiner shall be as follows:
A. Appeal hearings:
The applicant/appellant shall have the burden of proof, by a preponderance of the evidence,
as to material factual issues except where applicable City code provisions or state law provide
otherwise.
B. Land use application hearings:
For an application to be approved, a preponderance of the evidence presented at the
hearing must support the conclusion that the application meets the legal decision criteria that
apply.
C. Code enforcement hearings:
The City shall have the burden of proving, by a preponderance of the evidence, that a code
violation has occurred and that the proposed corrective action is reasonable.
2.4618.66.130 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 otherwise required
DI.C Page 106 of 140
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Ordinance No. 6442
November 29, 2012
Page 27 of 30
by the Auburn 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 governing the application. If none is specifically set forth, the following notice
requirements shall be followed:
1. Be given not less than 10 days prior to the date of the hearing;
2. Set forth the time, place and purpose of such hearing;
1.3. Be provided in accordance with the requirements of ACC 14.07.040. (Ord. 5811
§ 9, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) such notice shall be given in accordance
with ACC 18.70.040
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 close 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 information 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 diligently pursue the application after notice is given to all parties of record.
E. If a project consists of different actions which require separate hearings to be held for
each action, one consolidated hearing shall be held as required by ACC Title 14. (Ord. 4840 §
1, 1996; Ord. 4229 § 2, 1987.)
2.4618.66.140 Examiner’s decision and recommendations – Findings required.
A. Unless the time is extended pursuant to this section, within 10 calendar working 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 therefrom, 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 form, and the affidavit shall become a part of the record of the proceeding.
In the case of applications requiring city council approval, the examiner shall transmit his
decision to the city council.
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 calendar working days after the conclusion
of the hearing if the examiner finds that the amount and the nature of the evidence to be
considered, or receipt of additional 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
notification of the examiner’s decision.
When acting 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, modifications and
restrictions as the examiner finds necessary to make the application compatible with the
environment and carry out the goals and objectives of the comprehensive plan, this title, the
land division ordinance, other codes and ordinances of the city of Auburn, and the approved
preliminary plat, if applicable. Conditions, modifications and restrictions which may be imposed
shall be founded in the body of legislation approved by the city council. Performance bonds may
be required to insure compliance with the conditions, modifications and restrictions.
D. Termination of Decision. The city declares that circumstances surrounding land use
decisions change rapidly over a period of time. In order to assure the compatibility of a decision
DI.C Page 107 of 140
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Ordinance No. 6442
November 29, 2012
Page 28 of 30
with current needs and concerns, any such decision shall be limited in duration, unless the
action or improvements authorized by the decision is implemented promptly. Any application,
except a rezone, approved pursuant to this chapter shall be implemented within two years of
such approval unless other time limits are prescribed elsewhere. Any application which is not so
implemented 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 justification shall rest with the applicant. 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
justified by the record of the action. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
2.4618.66.150 Request for reconsideration.
The planning responsible 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 decision on an erroneous procedure, errors of law or fact, or 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 argument 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 calendar working days of receipt of the request for
reconsideration or receipt of the additional information argument requested, whichever is later.
The date of the hearing examiner’s final decision for appeal purposes shall be construed as the
date of the hearing examiner’s decision on the reconsideration request. (Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
2.4618.66.160 Appeal of final decisions.
The planning responsible director or any interested party affected by the examiner's written
final decision may appeal the decision to superior court of the county in which the project is
located. (Ord. 6185 § 7, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
2.4618.66.170 Hearing examiner’s recommendation.
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 calendar
working days of the examiner’s decision. The recommendation shall be placed on the next
agenda of the city council. The city council 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 city council to conduct its own closed record
hearing. Upon its own closed record hearing the city council may affirm, reject, modify the
hearing examiner’s recommendation or take whatever action it deems appropriate pursuant to
law. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
2.4618.66.180 Council action.
DI.C Page 108 of 140
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Ordinance No. 6442
November 29, 2012
Page 29 of 30
Any application requiring action by the city council shall be evidenced by minute entry
unless otherwise required by law. When taking any such final action, the council shall make and
enter findings of fact from the record and conclusions therefrom which support its action. Unless
otherwise specified, the city council shall be presumed to have adopted the hearing examiner’s
findings and conclusions.
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.)
2.4618.66.190 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 Auburn and its citizens. The method of review may include a public hearing open to all
interested citizens. The council after review and consideration shall 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. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 33. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 37. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
DI.C Page 109 of 140
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Ordinance No. 6442
November 29, 2012
Page 30 of 30
CITY OF AUBURN
______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.C Page 110 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
King County Service Agreement Proposal
Date:
December 11, 2012
Department:
Public Works
Attachments:
Memo
Exhibit 1
Exhibit 2
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached.
Reviewed by Council Committees:
Public Works
Councilmember:Staff:Para
Meeting Date:December 17, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 111 of 140
Page 1 of 1
Memorandum
Engineering Division
To: Public Works Committee, Mayor Lewis
From: Pablo Para, Transportation Manager
CC: Dennis Dowdy, Dennis Selle, Ingrid Gaub
Date: December 17, 2012
Re: King County Service Agreement
Purpose:
The purpose of this memo is to review the proposed King County Interlocal road services
agreement with King County. Since 2008 the City has contracted with King County for annual
maintenance of striping, pavement markings, bridge inspections, other miscellaneous roadway
maintenance, and emergency call out services. Staff is very please with King County’s
continued performance, responsiveness, cost of services, and quality of work.
Existing Agreement: (Attached Exhibit 1)
The existing “Interlocal Agreement” must be processed through each jurisdictions legal
department, Council, and re-authorized annually. This becomes a very involved and lengthy
administrative process for both agencies.
Proposed Agreement: (Attached Exhibit 2)
The proposed service agreement is also an “Interlocal Agreement” and the wording is consistent
with the service agreements that King County currently utilizes with over 20 other cities. The
agreement incorporates comments from legal and risk management. The advantages with this
agreement is that it renews automatically every year unless either agency notifies the other of
its intent to terminate. This allows the City to still review the need for such services annually,
but does not require the City to go through a lengthy negotiation and adoption process with the
County if it chooses to continue to contract with the County for any such services.
Implementation:
Similar to the existing agreement the proposed agreement will be implemented as follows:
• Specific services are requested by the City on an as needed Task Order basis
subsequent to execution of the interlocal agreement.
• For each Task Order the City identifies the scope or work to be performed, time
parameters, and sets any applicable special requirements particular to the work
being performed.
• The County provides the City with estimated cost of service for each Task Order in
advance of the City authorization to proceed.
• Each individual Task Orders is subject to the council authorized budget limits.
DI.D Page 112 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 1 of 8
INTERLOCAL AGREEMENT FOR PROVISION OF
ROAD RELATED MAINTENANCE SERVICES
TO BE PERFORMED BY
KING COUNTY ROAD SERVICES DIVISION
THIS AGREEMENT is made and entered into this ___ day of __________, 2012. The parties
(“Parties”) to this Agreement are King County, a political subdivision of the State of Washington
("County") and the City of Auburn, a State of Washington municipal corporation (“City”).
RECITALS
A. The City owns public roads and traffic devices which require maintenance.
B. The City wishes to contract with the County for the performance of certain road maintenance and
repair services such as striping and pavement markings; bridge inspections and related
maintenance repair; and emergency related maintenance and repair services.
C. The County is agreeable to performing the maintenance and repair services on the terms and
conditions hereinafter set forth and in consideration of the mutual covenants and agreements
herein contained.
D. The Parties can achieve cost savings and benefits in the public's interest by having the County
perform the maintenance and repair services for the City at the City's expense.
E. Pursuant to RCW 39.34, the Interlocal Cooperation Act, the Parties are each authorized to enter
into this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1. Work
1.1 Scope of Work. The County Road Services Division shall perform the maintenance and
repair services described on the attached Exhibit 1, Scope of Work.
1.2 Modification of Work. If the City desires to modify the Scope of Work, it shall notify the
County. If the County agrees, the Parties shall prepare an amended Scope of Work, which
will be attached hereto as Exhibit 2. The amended Scope of Work shall bear the signature of
the Road Services Division Director for the County and the Director of Public Works for
the City, authorizing the amended work.
2. County Personnel Standards
DI.D Page 113 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 2 of 8
The County is acting hereunder as an independent contractor so that:
a. County employees performing maintenance and repair services hereunder shall be
for all purposes employees of the County;
b. Control of County personnel standards of performance, discipline, and all other
aspects of employment shall be governed entirely by the County.
3. Compensation
3.1 Costs. The City shall pay the County for actual costs (direct labor, employee benefits,
equipment rental, materials and supplies, utilities, permits, and administrative overhead
costs) for the maintenance and repair services performed by the County. Administrative
overhead costs shall be charged as a percentage of direct labor costs.
3.2 Billing. The County will bill the City for the cost of work performed. The bill will reflect
actual costs and administrative overhead, as described in Section 3.1 above. Payments are
due within 30 days of the City's receipt of said invoice.
4. Permits
The City is responsible for obtaining any permits or other authorizations that may be necessary for
the County to perform the maintenance and repair services under this Agreement.
5. County Responsibilities
5.1 County Status. The County will act as a contractor only and will not purport to
represent the City professionally.
5.2 County Performance. The County shall perform the maintenance and repair services
requested by the City as described in the Scope of Work. The County will furnish all
necessary labor, supervision, machinery, equipment, materials, and supplies to perform the
maintenance and repair services requested by the City in the Scope of Work.
5.2.1 The County understands that the City has appropriated $185,000 for this work. In
order to ensure the City does not exceed its appropriation authority, the City and the
County agree that the City will not request, and the County will not perform any
work that would result in the County billing the City in excess of this amount until
additional funds are appropriated.
5.3 Timing of Work. The County will make every effort to recognize pertinent City deadlines
for completion of the requested maintenance and repair services, and will notify the City of
any hardship or other inability to perform the work requested, including postponement of
work due to circumstances requiring the County to prioritize its resources toward
DI.D Page 114 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 3 of 8
emergency-related work.
6. Duration
This Agreement is effective upon signature by both parties, and shall remain in effect until
completion of the 2012 work and payment of all sums due hereunder. Either party may terminate
this Agreement by a written notice received by the other party at least five business days before the
date of termination.
7. Force Majeure
The County's performance under this Agreement shall be excused during any period of force
majeure. Force majeure is defined as any condition that is beyond the reasonable control of the
County, including but not limited to, natural disaster, severe weather conditions, contract disputes,
labor disputes, epidemic, pandemic, delays in acquiring right-of-way or other necessary property or
interests in property, permitting delays, or any other delay resulting from a cause beyond the
reasonable control of the County.
8. Dispute Resolution
8.1 In the event of a dispute between the Parties regarding this Agreement, the Parties shall
attempt to resolve the matter informally.
8.2 If the Parties are unable to resolve the matter informally, the matter shall be decided by
the Director of the King County Road Services Division and the Public Works Director of
the City. If the Parties are unable to reach a mutual agreement, either Party may refer the
matter to non-binding mediation.
8.3 Unless otherwise expressly agreed to by the Parties in writing, both the County and the
City shall continue to perform all their respective obligations under this Agreement
during the resolution of the dispute.
8.4 This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. In the event any party
deems it necessary to institute legal action or proceedings to ensure any right or
obligation under this Agreement, the Parties hereto agree that such action or proceedings
shall be brought in a court of competent jurisdiction in King County Washington.
9. Notice
Any notice, including notice of termination, or information required to be given to the Parties under
this Agreement may be sent to the following addresses unless otherwise specified:
City: County:
DI.D Page 115 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 4 of 8
City of Auburn King County Department of Transportation
Director of Public Works Roads Services Division
25 W Main Street Division Director
Auburn WA 98001-4998 KSC-TR-0313
201 S. Jackson St
Seattle, WA 98104-3856
10. Liability
The City and the County agree to defend, indemnify and hold harmless each other, their respective
officials, agents and employees, from and against any and all claims, damages, injuries, liabilities,
actions, fines, penalties, costs and expenses (including reasonable attorney fees) that arise out of or
are related to the negligent acts or omissions of the indemnifying party and its officials, agents,
employees acting within the course and scope of their employment and in the performance of said
Party’s obligations under this Agreement or the exercise of a Party’s rights and privileges under this
Agreement. In the event any such liability arises from the concurrent negligence of the
indemnifying Party and the other Party, or any of their respective actors, the indemnity obligation of
this section shall apply only to the extent of the negligence of the indemnifying Party and its actors.
The foregoing provisions specifically and expressly intend to constitute a waiver of each party’s
immunity under industrial insurance, Title 51 RCW, as respects the other party only, and only to the
extent necessary to provide the indemnified party with a full and complete indemnity of claims
made by the indemnitor’s employees. This waiver has been mutually negotiated.
11. Applicable Laws
Washington law shall govern the interpretation of this Agreement. King County shall be the
venue of any arbitration or lawsuit arising out of this Agreement.
12. Authority
Each individual executing this Agreement on behalf of the City and the County represents and
warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf
of the City or the County.
13. Audits and Inspections
The records and documents pertaining to all matters covered by this Agreement shall be retained
and be subject to inspection, review or audit by the County or the City during the term of this
Agreement and for three (3) years thereafter.
14. Entire Agreement and Amendments
This Agreement contains the entire agreement of the parties hereto and supersedes any and all prior
DI.D Page 116 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 5 of 8
oral or written representations or understandings. This Agreement may only be amended by mutual,
written agreement between the parties, provided that the Scope of Work may be amended as
described in Section 1.2 above.
15. No Third Party Rights
Nothing contained herein is intended to, nor shall be construed to, create any rights in any third
party, or to form the basis for any liability on the part of the parties to this Agreement, or their
officials, officers, employees, agents or representatives, to any third party.
16. Waiver of Breach
Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any
prior or subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
17. Headings
The headings in this Agreement are for convenience only and do not in any way limit or amplify the
provisions of this Agreement.
18. Invalid Provisions
If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not
be affected if such remainder would then continue to serve the purposes and objectives of the
parties.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written
below.
KING COUNTY CITY OF AUBURN
__________________________ __________________________
King County Executive City Mayor
_________________________ __________________________
Date Date
DI.D Page 117 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 6 of 8
Approved as to Form Approved as to Form
__________________________ __________________________
King County Deputy Prosecuting City Attorney
Attorney
DI.D Page 118 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 7 of 8
EXHIBIT 1
Scope of Work
City Striping and Pavement Markings
The City requests citywide replacement striping, raised pavement markings (RPMs) and thermoplastics
services in 2012. The City will identify specific locations that will be striped twice in 2012. Locations
for thermoplastics and raised pavement markings will also be provided by the City.
Schedule
Since striping, RPMs and thermoplastics installations are weather dependent services, specific
scheduling date(s) will be mutually determined between the City representative, Pablo Para and
the County representative, George Dudley.
Cost Estimate
Without an accurate inventory of striping, RPMs and thermoplastics in the City, the County is
unable to provide a cost estimate.
The City’s budget for these services is $125,000.
The County will therefore do approximately $125,000 worth of striping, RPMs and
thermoplastics.
The City agrees that the County cannot guarantee that all striping, RPMs and thermoplastics in
the City can be accomplished within the City’s budget.
If the County cannot accomplish all the citywide striping, RPMs and thermoplastics within the
City’s budget, the City may increase the budget necessary to complete the requested work.
Bridge Inspections and Related Maintenance Repair Work
The City requests bridge inspections per the 2012 bridge schedule for eleven city bridges per the
National Bridge Inspection Standards as published in the Code of Federal Regulations, 23 CFR 650
Subpart C and the State of Washington Bridge inspection Manual. In addition, the City may requests
bridge maintenance repair work under this Agreement as a result of the inspections. The County will
provide cost estimates for any maintenance repair work requested by the City.
Schedule
The bridge inspections will occur in the summer or fall of 2012.
Any related bridge maintenance repair work will be scheduled as mutually agreed by the County
and the City.
DI.D Page 119 of 140
Resolution No. 4794
Exhibit A
January 25, 2012
Page 8 of 8
Cost Estimate
The cost estimate is approximately $10,000 for the inspections of eleven city-owned bridges in
2012.
The cost estimate for any related bridge maintenance repair work will be provided upon the city’s
request to have the County perform such repair work.
Emergency Call Out Services
The City requests the provision of emergency related maintenance/repair work including, but not limited
to the following:
Traffic signal related maintenance/repair work for signal pole knockdowns, signal controller
failures, and others.
Bridge maintenance/repair work such as clearing wood and log debris and others.
Schedule
Emergency call out services will be scheduled and done based on availability of County crews as this
service is anticipated to be needed during time of emergency such as a flooding or a storm that may
similarly impact County roads and facilities.
DI.D Page 120 of 140
1
INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF AUBURN FOR PROVISION OF SERVICES BY
THE KING COUNTY ROAD SERVICES DIVISION
THIS AGREEMENT is made and entered into by and between King County, hereinafter called the
"County," and the City of Auburn, hereinafter called the "City."
RECITALS
A. The City owns public roads and traffic devices which require maintenance and/or other
improvements.
B. The City wishes the County Road Services Division to provide or perform certain services for
the City.
C. The parties can achieve cost savings and benefits in the public's interest by having the County
complete those services for the City at the City’s expense.
D. This Agreement establishes the City’s role and responsibilities as the recipient of such services
and the County’s role and responsibilities as the provider of such services.
E. The parties are authorized by RCW Chapter 39.34 to enter into an interlocal cooperation
agreement of this nature.
NOW, THEREFORE, the parties agree as follows:
TERMS AND CONDITIONS:
1. Services
1.1 The County Road Services Division will, upon the City’s request, provide the City
with Traffic Maintenance, Road Maintenance, Construction Management and
Engineering, Environmental services and other road related services. Examples of
the types of Traffic and Road Maintenance services to be provided are contained in
Exhibit 1 of this Agreement. The services provided to the City shall be any service
that the City requests to the extent that the County Road Services Division is able to
provide such service.
1.2 The County shall only perform services as requested by the City through the
procedure described in Section 2 below.
1.3 The County shall act as a contractor of services only and will not purport to
represent the City professionally other than in providing the services requested.
DI.D Page 121 of 140
2
1.4 The County shall be the lead agency for the completion of work items requested by
the City. The County shall provide services in the type, nature, and magnitude
requested by the City.
1.5 In the event either party decides to make changes to the work items requested that
alters the original scope of work, written notification from the City authorizing such
changes shall be required preceding any such work.
2. Procedure for Requesting Services
2.1 The City shall request services furnished by the County through the procedure
identified in Exhibit 2 of this Agreement.
2.2 The County shall provide the City with a cost estimate for individual service
requests.
3. County and City Coordination
3.1 The City and County shall notify each other in writing of their respective operations
liaison(s) responsible for administering day-to-day operational activities related to
the provision of services under this Agreement.
3.2 The County and City liaisons shall meet as needed to review performance or to
resolve problems or disputes. Any problems or disputes which cannot be resolved
by the City and County liaisons shall be referred to the authorized City
representative and the Road Services Division Director.
4. Personnel and Equipment
4.1 The County is acting hereunder as an independent contractor so that:
a. control of personnel standards of performance, discipline, and all other aspects
of work shall be governed entirely by the County;
b. except as described in 4.3 below, all persons rendering service hereunder shall
be for all purposes employees of the County.
4.2 The County shall furnish all personnel, resources, and materials deemed by the
County to be necessary to provide the services herein described and subsequently
requested and authorized by the City.
4.3 In the event the County uses a contractor to perform one or more of the services
requested by the City, the appropriate supervision and inspection of the contractor's
work will be performed by the County.
DI.D Page 122 of 140
3
5. Compensation
5.1 Costs. The City will pay the County for actual costs (direct labor, employee benefits,
equipment rental, materials and supplies, utilities, permits, and administrative
overhead costs) for the services provided by the County as set forth herein.
Administrative overhead costs for each work item shall be charged as a percentage
of direct labor costs.
5.2 Billing. The County shall bill the City monthly for the costs of services provided.
The monthly bill will reflect actual costs plus the administrative overhead set forth
in Section 5.1 above. Payments are due within 30 days of the City's receipt of said
invoice.
5.3 Extraordinary Costs. Whenever the City desires to modify a requested service, it
shall notify the County in writing of that desire, and the County shall, before
providing the modified service, advise the City in writing as to whether the
modification would result in any increased or extraordinary costs and the amount
thereof. If, after receiving such notification, the City authorizes the modification of
service in writing , then it shall be responsible for actual costs for the modified
services requested by the City. If the City decides not to authorize the modification
of service, it shall notify the county in writing, and advise the county whether
service shall continue as originally requested or the City cancels the request. If the
City cancels the request, the City shall be responsible for all cost incurred by the
County prior to and in connection with the cancellation.
5.4. The County understands that the City has appropriated a certain amount of money
for work to be conducted under this Agreement. In order to ensure the City does not
exceed its appropriation authority, the City and the County agree that City will not
request, and the County will not perform any work that would result in the County
billing the City in excess of the amount appropriated by the Auburn City Council for
services to be provided during each calendar year.
6. City Responsibilities
6.1 The City hereby gives authority to the County to perform services within the City
limits for the purposes of carrying out this Agreement.
6.2 The City is responsible for obtaining any permits or other authorizations that may be
necessary for the County to carry out the work under this Agreement.
6.3 Nothing in this Section shall alter the status of the County and the Road Services
Division as an independent contractor of the City, and the County’s actions shall not
be deemed to be those of the City when exercising the authority granted in this
Section 6.
DI.D Page 123 of 140
4
6.4 The City is responsible for determining the amount of appropriations available
during each budget year for service to be provided under this Agreement, and for
notifying the County not later than January 30 of this year of the maximum amount
available.
7. County Responsibilities
7.1 The County shall furnish and supply all necessary labor, supervision, machinery,
equipment, materials, and supplies to perform the services requested by the City.
7.2 The County shall make every effort to recognize pertinent City deadlines for
completion of services, and shall notify the City of any hardship or other inability to
perform the services requested, including postponement of work due to
circumstances requiring the County to prioritize its resources toward emergency-
related work outside of the City limits.
8. Duration
8.1 This Agreement is effective upon signature by both parties, and shall remain in
effect for the remainder of the calendar year in which it is signed and throughout the
following calendar year.
8.2 Thereafter, this Agreement shall renew automatically from year to year effective
January 1 to December 31 of each calendar year, unless either party notifies the
other in writing to terminate or make substantial changes to this Agreement by
September 1 of the preceding calendar year.
9. Force Majeure
The County's performance under this Agreement shall be excused during any period of
force majeure. Force majeure is defined as any condition that is beyond the reasonable
control of the County, including but not limited to, natural disaster, severe weather
conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right-
of-way or other necessary property or interests in property, permitting delays, or any other
delay resulting from a cause beyond the reasonable control of the County.
10. Dispute Resolution
10.1 In the event of a dispute between the Parties regarding this Agreement, the Parties
shall attempt to resolve the matter informally.
10.2 If the Parties are unable to resolve the matter informally, the matter shall be decided
by the Director of the King County Road Services Division and the Public Works
Director of the City. If the Parties are unable to reach a mutual agreement, either
Party may refer the matter to non-binding mediation.
DI.D Page 124 of 140
5
10.3 Unless otherwise expressly agreed to by the Parties in writing, both the County and
the City shall continue to perform all their respective obligations under this
Agreement during the resolution of the dispute.
10.4 This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. In the event any
party deems it necessary to institute legal action or proceedings to ensure any right
or obligation under this Agreement, the Parties hereto agree that such action or
proceedings shall be brought in a court of competent jurisdiction as provided for in
RCW 36.01.050(1) .
11. Liability
The City and the County agree to defend, indemnify and hold each other, their respective
officials, agents and employees, harmless from and against any and all claims, damages,
injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable
attorney fees) that arise out of or are related to the negligent acts or omissions of the
indemnifying party and its officials, agents, employees acting within the course and scope of
their employment and in the performance of said party’s obligations under this Agreement
or the exercise of a party’s rights and privileges under this Agreement. In the event any
such liability arises from the concurrent negligence of the indemnifying party and the other
party, or any of their respective actors, the indemnity obligation of this section shall apply
only to the extent of the negligence of the indemnifying party and its actors.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the County and the City, its officers, officials, employees, and volunteers, any damages
allowed shall be levied in proportion to the percentage of negligence attributable to each
party, and each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
Parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
12. Insurance
The County certifies that it is fully self-insured. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the County’s insurance
and shall not contribute with it.
DI.D Page 125 of 140
6
13. Audits and Inspections
The records and documents pertaining to all matters covered by this Agreement shall be
retained and be subject to inspection, review, or audit by the County or the City during the
term of this Agreement and for three (3) years after termination.
14. Entire Agreement and Amendments
This Agreement contains the entire written agreement of the parties hereto and supersedes
any and all prior oral or written representations or understandings. This Agreement may be
amended at any time by mutual, written agreement between the parties.
15. Invalid Provisions
If any provision of this Agreement shall be held invalid, the remainder of the Agreement
shall not be affected if such remainder would then continue to serve the purposes and
objectives of the parties.
16. Other Provisions
16.1 Nothing contained herein is intended to, nor shall be construed to create any rights
in any party not a signatory to this Agreement, or to form the basis for
any liability on the part of the City and the County, or their officials,
employees, agents or representatives, to any party not a signatory to this
Agreement.
16.2 Waiver of any breach of any provision of this Agreement shall not be deemed to
be a waiver of any prior or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
16.3 The headings in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
16.4 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated herein
are excluded.
17. No Third Party Rights
Nothing contained herein is intended to, nor shall be construed to, create any rights in any
third party, or to form the basis for any liability on the part of the parties to this
Agreement, or their officials, officers, employees, agents or representatives, to any third
party.
18. Waiver of Breach
DI.D Page 126 of 140
7
Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver
of any prior or subsequent breach and shall not be construed to be a modification of the
terms of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
KING COUNTY CITY OF AUBURN
______________________________ ______ ________________________
King County Executive City Mayor
______________________________ ______________________________
Date Date
Approved as to Form Approved as to Form
________________________________ _______________________________
King County Deputy Prosecuting City Attorney
Attorney
DI.D Page 127 of 140
8
Exhibit 1
1. Traffic Services: The following are examples of traffic services provided by the County.
Actual services provided will be those requested by the City, and the County shall
provide such services in the magnitude, nature, and manner requested by the City. The
City shall set its own service level standards and policies for all roadway features. The
County is merely a contractor for the purpose of implementing City roadway service
standards and policies.
1.1 Sign Maintenance: Replacing faded sign faces and rotten posts, straightening
leaning posts, cleating uncleated posts, relocating signs for visibility or pedestrian
safety, maintenance of vandalized signs or signs damaged by vehicle accidents,
inspection of signs to check for reflectivity, cutting or trimming bushes or limbs
blocking visibility, removal of signs when appropriate, installation of new signs
upon City request.
1.2 Signal Maintenance: Replacing and cleaning light systems for signal and flasher
displays and signs, installation and repair of vehicle detector loops, checking and
adjusting signal timing, examining traffic signal operation to assure it is operating
as intended, inspecting hardware for wear or deficiencies, testing and repairing of
electronic control devices and components, repair or replacement of signal and
flasher displays and supports or wiring external to controller cabinets, modification
of controller cabinets, testing of new and modified cabinets and control devices,
traffic counter testing and repair, preventative maintenance.
1.3 Sign Fabrication: Design and fabricate signs of any size as needed by the City.
1.4 Crosswalks: Refurbishing with thermoplastics and temporary tape and removal
when appropriate.
1.5 Stop Bars: Refurbishing with thermoplastics and temporary tape and removal when
appropriate.
1.6 Arrows/Legends: Remarking worn arrows and removing when appropriate.
1.7 Curb Painting: Maintenance of curbing, islands, and parking stalls.
1.8 Raised Pavement Markers: Removal and replacement of raised pavement markers
or rumble bars.
1.9 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines,
radius and channelization, removal of lines, stripes, or symbols.
1.10 Street Lights: Replacement of light bulbs in existing street lights not maintained by
power companies, repair and replacement of street light heads, poles, or wiring.
DI.D Page 128 of 140
9
1.11 Utility Locating: Locating underground traffic facilities for utilities or other
digging operations.
1.12 Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is
operating as intended and inspecting hardware for wear or deficiencies.
2. Roadway Maintenance: The following are examples of roadway maintenance services
provided by the County. Actual services provided will be those requested by the City,
and the County shall provide such services in the magnitude, nature, and manner
requested by the City. The City shall set its own service level standards and policies for
all roadway features. The County is merely a contractor for the purpose of implementing
City roadway service standards and policies.
2.1 Traveled Roadway Surface: Patching, crack pouring, pre-level work, pavement
replacement, grading, dust control.
2.2 Shoulders: Restoration construction, paving, curb and gutter repair, spraying,
extending pavement edge.
2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers/trash
racks; hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade
ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage
preparation, catch basin repair, culvert header/trash rack replacement and repair,
bucket ditching, catch basin replacement, erosion control, catch basin/manhole
cover replacement, silt removal, Ditchmaster ditch cleaning.
2.4 Structures: Installation of rock, gabion and rip-rap walls, guardrails, fencing,
median barrier walls; rock wall repair or replacement, guidepost installation,
guardrail repair, retaining wall repair, median barrier replacement, guardrail post
removal, fencing repair, bridge repair.
2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway
repair, hazardous material cleanup, street sweeping, street flushing, snow and ice
control, maintaining traffic control barricades.
2.6 Roadside: Landscape restoration, slope/shoulder mowing, litter pickup, hand
brushing, danger tree removal, landscape maintenance, slide removal, ornamental
tree maintenance, tree trimming, hand mowing, roadside spraying, tansy ragwort
spraying, washout repair.
DI.D Page 129 of 140
10
Exhibit 2
Services Request Process
1. City liaison completes a “Request and Approval for Services” (Form A attached).
2. City Mayor, or designee, signs under the heading “Authorization for Request of Services”
on the Form B.
3. The Form A is transmitted to the County liaison.
4. The County liaison delegates the request to the appropriate Section for review.
5. A County Section representative will complete Form A of the “Request and Approval for
Services.” Form B will include the recommended action, cost estimate, and proposed
schedule. If the Road Services Division is unable to provide the requested service, a
notation will be made on the Form B, and the form will be returned to the City in a timely
manner.
6. The County’s cost estimate will include all applicable costs for the service requested as
described in Section 5.1 of the Agreement.
7. If the cost estimate is $500 or less, the County may proceed with the requested service as
authorized by the City representative on Form A. If the cost estimate is over $500, Form
B is transmitted to the City liaison for authorization. The signed Form B is then
transmitted back to the County.
8. The County shall complete the requested work upon receipt of the signed Form B. If the
County is unable to complete the work in accordance with the proposed schedule, it shall
notify the City immediately.
9. The County and City liaisons maintain a file of all service requests.
10. The County liaison maintains a tracking system of all the service requests and provides
the City with an updated report at least quarterly.
DI.D Page 130 of 140
11
REQUEST AND APPROVAL FOR SERVICES
CITY OF AUBURN
FORM A
Request Number:
Date:
Nature of Request:
Location:
Requester Name:
Address:
Telephone:
Authorization for Request of Services:
City Authorized Signature Date
****************************************************************************
FORM B
Date: Project/Work Order Number:
Recommended Action:
Cost Estimate:
Proposed Schedule:
Authorization to Proceed: Date Completed:
Director, Road Services Division Date
City Authorized Signature Date
(if cost estimate over $500)
DI.D Page 131 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
December 11, 2012
Department:
Public Works
Attachments:
Capital Project Status Report
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached report.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Gaub
Meeting Date:December 17, 2012 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 132 of 140
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6
DI.F Page 133 of 140
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DI.F Page 135 of 140
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DI.F Page 136 of 140
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DI.F Page 138 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Action Tracking Matrix
Date:
December 11, 2012
Department:
Public Works
Attachments:
Action Tracking Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached matrix.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:December 17, 2012 Item Number:DI.G
AUBURN * MORE THAN YOU IMAGINEDDI.G Page 139 of 140
Updated: 12/12/2012 8:43 AM
No.Item Description Contact
Next PWC
Review Date Est. Comp.
Date Status
A Sidewalk Program Funding Sources Para 11/1/13 Pending initial discussion with the Committee for 2015-2016 budget
B Track completed project on the 2012 Active
Capital Improvement Projects Map Gaub
C Fulmer Well-Field Feasibility Study Updates Repp 3/18/13 Initial study finding are not yet completed.
D Turns on Red and Flashing Yellow Arrows -
Cost Estimate for Signs Para 1/7/13 Preparing Inventory of Right Turn Arrows, recommendation for
signage, and cost estimate.
E System Development Charges (SDCs)Repp 11/1/2013 Yearly Review of SDCs
F SDC and Cost of Service Analysis Scope Repp 1/21/2013 7/31/2013 Consultant preparing scope and budget
G SDC Burden for Single Family Home Repp 1/21/2013 1/21/2013
H Payback/Charge in-lieu Process Repp 2/18/1931 2/18/2013 Review current City process
I CP1224, 2013 Local Street Pavement
Reconstruction Project Wickstrom 4/15/2013 4/15/2013 50% Design Review
J CP1120, Lea Hill Safe Routes to Schools
Improvement Truong 4/1/2013 4/1/2013 50% Design Review
K Comprehensive Transportation Plan Update Webb 6/3/2013 11/1/2014
Discussion of LOS Standards (Corridors: N/S vs E/W), modeling
scenarios Incorporating "Event Traffic", & safety versus efficiency
policy.
Public Works Committee - Action Tracking Matrix
Ongoing - Quarterly updates, next one in January
DI.G Page 140 of 140