HomeMy WebLinkAbout03-04-2013 PUBLIC WORKS COMMITTEE AGENDA
Public Works Committee
March 4, 2013 - 3:30 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
III.ACTION
A. Approval of Minutes*
B. Public Works Project No. CP0921* (Lee)
Approve Final Pay Estimate No. 5 to Contract No. 10-02 in the Amount of $
25,741.42 and Accept Construction of Project No. CP0921, Bi-Annual Sanitary
Sewer Repair and Replacement
IV.RESOLUTIONS
A. Resolution No. 4904* (Mund)
A Resolution of the City of Council of the City of Auburn, Washington, Setting a
Public Hearing to Consider a Franchise Agreement with Zayo Group LLC
V.DISCUSSION ITEMS
A. Resolution No. 4919* (Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to Execute a Cooperative Purchasing Agreement with the University of
Washington for the Purpose of Purchasing General Supplies and Equipment
B. Resolution No. 4913* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, Identifying the
City Council's Desire to Move Forward with Funding Preparations for the City of
Auburn Community Center
C. Resolution No. 4917* (Webb)
A Resolution of the City Council of the City of Auburn, Washington, Setting a
Hearing Date in Relation to Amending the 2013-2018 Transportation Improvement
Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77
D. NPDES II Annual Report* (Carlaw/Thorn)
E. Capital Project Status Report* (Gaub)
F. Action Tracking Matrix* (Dowdy)
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VI.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
February 27, 2013
Department:
Public Works
Attachments:
February 19, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the February 19, 2013 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:March 4, 2013 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 3 of 126
Public Works Committee
February 19, 2013 - 3:30 PM
Annex Conference 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.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborn were
present. Also present during the meeting were: Mayor Pete B. 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, Traffic Operations
Engineer Scott Nutter, Senior Project Engineer Jacob Sweeting, Street
Systems Engineer Seth Wickstrom, Planning Director Kevin Snyder,
Finance Director Shelley Coleman, and Public Works Secretary
Jennifer Cusmir. Members of the public in attendance included: Scott
Pondlick.
B. Announcements
Prior to the adjournment of the meeting, Mayor Lewis announced that
the Department of Transportation Director, Paula Hammond, has been
replaced by Lynn Peterson the State of Oregon Governor’s top advisor
on transportation.
C. Agenda Modifications
There was one agenda modification, Discussion Item F, Ordinance
No. 6456.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Osborne moved and Councilmember
Peloza seconded to approve the Public Works Committee Meeting
minutes for date, February 4, 2013.
Chairman Wagner noted that contacting the Post Office regarding
pedestrian visibility when exiting their parking lot has not yet been
included on the Action Tracking Matrix and asked that the item be
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included.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4914 (Snyder)
Review Ordinance No. 4914, A Resolution of the City Council of the
City of Auburn, Washington, authorizing the dedication of a portion of
City-owned property as City Right-of-Way
Councilmember Osborne moved and Councilmember
Peloza seconded to recommend City Council adopt Resolution No.
4914.
Planning Director Snyder explained that during a recent survey, City
staff discovered that the city-owned property at 810 30th Street NE,
between Auburn Way N and I Street NE, had a partial encroachment
of sidewalk on the property. In order to remove a cloud on the title of
the property, City staff has prepared a dedication deed that would
dedicate that portion of the property as Right-of-Way.
There were no questions from the Committee.
Motion Carried Unanimously. 3-0.
B. Resolution No. 4910 (Sweeting)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Accept a Federal Grant to be Administered
Through the Washington State Department of Transportation for the
37th Street and B Street NW Pre-Signal Project
Councilmember Osborne moved and Councilmember
Peloza seconded to recommend City Council adopt Resolution No.
4910.
Senior Project Engineer Sweeting stated that the project included a
new mast arm with a signal that will serve the westbound lanes before
the railroad tracks, providing a red signal prior to the cross arms and
the arrival of a train, in response to a question asked by Chairman
Wagner.
Transportation Manager Para diagramed the proposed location for the
pre-signal. Para stated that staff is anticipating completing the project
prior to the construction of a third railroad track being done by BNSF.
Transportation Manager Para answered questions asked by Member
Osborne regarding changes in signal timing.
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Transportation Manager Para stated the project scope includes the
installation of additional blackout signs on B Street NW which will stay
dark until the signal is preempted by a train. At that time, the sign will
light up, reading, “No Right Turn.”
Transportation Manager Para answered questions asked by Member
Osborne regarding right and left turn movements of the southbound
traffic.
Motion Carried Unanimously. 3-0.
C. Resolution No. 4912 (Wickstrom)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Accept a Federal Grant to be Administered
Through the Washington State Department of Transportation for the
West Valley Highway System Preservation Project
Councilmember Osborne moved and Councilmember
Peloza seconded to recommend City Council adopt Resolution No.
4912.
Street Systems Engineer Wickstrom stated that the portion of West
Valley Highway included in the project scope would be an overlay, in
response to a question asked by Chairman Wagner.
Member Osborne asked what would cause a previously overlaid area
to come up. Director Dowdy answered that there may have been
areas of the overlay that were thin and did not adhere to the original
pavement as it should.
Director Dowdy discussed other causes of asphalt overlay
delaminating with the Committee.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Resolution No. 4906 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington,
Declaring Certain Items of Property as Surplus and Authorizing Their
Disposal
There were no questions from the Committee.
B. 2012 Save Our Streets Year End Report (Wickstrom)
Vice-Chair Peloza spoke about the report reflecting the accountability
of the City for the Save Our Streets (SOS) program funding.
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Chairman Wagner commented on the clarity of the explanation at the
beginning of the report and the bar chart which indicated how much
work has been completed over the past eight years, also included in
the report.
Assistant Director/City Engineer Selle answered questions asked by
Chairman Wagner regarding the treatment matrix. Chairman Wagner
asked if the life expectancy of the high end of the chip-seal and double
chip-seal treatments should be increased. Street Systems Engineer
Wickstrom will review the numbers. Director Dowdy suggested
including a list of examples of the chip-seal treatment in next year’s
report. The Committee agreed the list should be included.
The Committee and Street Systems Engineer Wickstrom reviewed the
remainder of the report.
Chairman Wagner asked if before and after example pictures can be
included. Street Systems Engineer Wickstrom stated that he may have
pictures to include in the current report.
The Committee reviewed the maps showing completed work and
future work. Chairman Wagner suggested that the streets surrounding
Auburn High School be considered a priority after the new school
construction is complete. Street Systems Engineer Wickstrom noted
that most of the streets in this area are rebuilds and work may not be
able to be complete on all of the streets within a single year.
Street Systems Engineer Wickstrom responded to questions asked by
Chairman Wagner regarding accessing and printing the report
online.
Chairman Wagner requested that Council Members receive hard
copies of the final report.
C. Flashing Yellow Left Turn Arrows (Para)
At the request of the Committee, Transportation Manager Para and
Traffic Operations Engineer Nutter provided additional information
regarding the operation of the flashing yellow left turn arrow signals.
Traffic Operations Engineer Nutter presented a video demonstrating
the operation of a flashing yellow signal at an intersection in the City of
Bellevue.
Traffic Operations Engineer Nutter distributed handouts depicting
various traffic signal configurations and reviewed them with the
Committee.
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ACT.A Page 7 of 126
Chairman Wagner asked if new cross arms are needed to support the
new signal heads. Traffic Operations Engineer Nutter answered that
the signal arms do need to be long enough and the new signal heads
are being installed on existing arms that are the appropriate length.
Traffic Operations Engineer Nutter responded to questions asked by
Chairman Wagner regarding the cost and installation of the signal
heads.
Transportation Manager Para noted that the project is completely
grant funded. The Committee requested a cost range for the
replacement of the signal heads to accommodate flashing yellow
lights.
D. Capital Project Status Report (Gaub)
Item 11 – CP0915 – Well 1 Improvements – Transmission Lines:
Chairman Wagner asked that the word “accommodate” in the
description be expanded.
Utilities Engineer Repp answered questions regarding Phase 2 of the
project, connecting to the corrosion control facility, and combining the
flows of Well 1 and Coal Creek, asked by Chairman Wagner.
Assistant City Engineer Gaub explained that funds identified in the
“Other” column of the spreadsheet are a combination of grant funds
that have been received, funding partner agreements or In Kind
Services, in response to a question asked by Member
Osborne. Assistant City Engineer Gaub verified that the funds listed
are secured funds.
Item 28 – CP1218 – Auburn Way South & Riverwalk Intersection
Improvements: Chairman Wagner asked why the project is not going
out for bid until April 2014. Assistant City Engineer Gaub explained
that the project is fully federally funded. The City will have to complete
the obligation process, complete the design, obtain environmental
approvals and complete the Right-of-Way acquisition prior to getting
authorization from the State to construct the project. Due to the linear
nature of this process on a federal project, it is unlikely the project will
get permission from the State to begin construction until 2014.
Assistant City Engineer Gaub stated that staff is in the process of
negotiating a contract with the selected design consultant, in response
to a question asked by Chairman Wagner.
Item B – CP1115 – City Hall NW Plaza Improvements: Assistant City
Engineer Gaub explained that the Planning and Community
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Development Committee will be discussing how to spend the unused
LRF bond funds, in response to a question asked by Chairman
Wagner.
E. Action Tracking Matrix (Dowdy)
Chairman Wagner asked that Item E be separated into two items, one
for SDCs and the other for Cost of Service Analysis Scope.
Item N – Auburn Valley Humane Society – Wayfinding
Signage: Chairman Wagner spoke about the Auburn Valley Humane
Society wayfinding signage. Member Osborne noted that the acronym
AVHS can be confusing with the High School and asked that it be
made clear that the signs lead to the Human Society. Mayor Lewis
asked that staff determine how many existing signs are posted and
work on replacement signs. T
he Committee discussed the installation of a “Watch for Pedestrians”
sign at the Post Office exit.
Mayor Lewis asked if there are any existing “Watch for Pedestrians”
signs. Assistant Director/City Engineer Selle answered that the closest
existing sign is the “Pedestrian Crossing” signs. Mayor Lewis asked if
a “Pedestrian Crossing” sign can be installed. Transportation
Manager Para asked the Committee to consider that an additional sign
may further obstruct the view of drivers. Mayor Lewis asked staff to
examine whether or not an additional sign will interfere with sight
distance.
Vice-Chair Peloza and Mayor Lewis suggested asking the Post Office
to hang a sign on the fence instead of installing it on a pole. Mayor
Lewis also asked that if a sign is placed on the fence, that an existing
standard language sign be used, if possible.
Vice-Chair Peloza asked Mayor Lewis to contact King County
regarding graffiti on Green River Road.
F. Ordinance No. 6456
An Ordinance of the City Council of the City of Auburn, Washington,
Amending Ordinance No. 6432, The 2013-2014 Biennial Budget
Ordinance, Authorizing Amendment to the City of Auburn 2013-2014
Budget As Set Forth in Schedule “A” and Schedule “B”
Item F was discussed prior to Item D.
Chairman Wagner commented on the Emergency Management labor
increase being 70% funded by the utilities funds.
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ACT.A Page 9 of 126
Finance Director Coleman responded to a question asked by Vice-
Chair Peloza regarding the Economic Development Planner position.
Member Osborne asked for an explanation of the probation revenue
adjustment. Coleman stated that probation revenue had been included
in the budget but needs to be removed because the City no longer has
a probation department.
Finance Director Coleman and Director Dowdy addressed questions
asked by Chairman Wagner regarding the number of utility projects
being carried forward.
Member Osborne pointed out the creation of the 433 fund, separating
the City’s storm fund from the King County Metro fund.
The Committee and Finance Director Coleman reviewed Schedule A
and Schedule B, Summary of 2013 Budget Adjustments by Fund
detail.
Finance Director Coleman answered questions regarding the interfund
loan to the golf course, asked by Chairman Wagner.
Chairman Wagner asked if new audio visual equipment will be
purchase for the Council Chambers. Mayor Lewis answered that new
equipment is scheduled to be purchased if the project moves forward
and it will be determined by Council once the project reaches that
point.
Finance Director Coleman noted that there is a project listed twice on
the schedule that will be corrected prior to the City Council Meeting.
The Committee supported introduction and adoption of Ordinance No.
6456, as corrected.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:41 p.m.
Approved this 4th day of March, 2013.
Page 7 of 7
ACT.A Page 10 of 126
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0921
Date:
February 26, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate No. 5
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council approve Final Pay Estimate No. 5 to
Contract No. 10-02 in the amount of $ 25,741.42 and accept construction of Project No.
CP0921, Bi-Annual Sanitary Sewer Repair and Replacement.
Background Summary:
This project constructed sanitary sewer conveyance improvements to repair damaged
lines and/or replace problem lines as shown on the attached map and as follows:
1.Auburn Way South (at 7th St SE) - internal spot repair;
2.D Street SW (3rd St SW) - 300 linear feet each of 8-inch sewer main and 4-inch
water main replaced;
3.H Street SE (in sewer easement between H Street SE and Alley east of H Street
SE) - 8-inch main replaced;
4.3rd Street SE (north of 3rd St SE, in easement west of R Street SE) - 200 linear
feet of 8-inch main replaced;
5.Main Street (south of Main St, in easement west of R Street SE) - 100 linear feet of
8-inch sewer main replaced;
6.51st Street NE (north of 1st St NE, in easement east of K Street SE) - 275 linear
feet of sewer main replaced;
7.L Street SE (at 120 L St SE) - internal spot repair, and;
8.SE 320th St (at 10815 SE 320th St) - side sewer replaced in right of way.
Improvements included replacement of 1,000 feet of 8-inch diameter sewer main and,
300 feet of 4 inch diameter water main and 300 linear feet of internal slip-lining on a
sewer main. Additionally 1,000 square yards of asphalt pavement was repaired as part of
the trench restoration work.
A project budget contingency of $ 270,615.00 remains in the 431 Sanitary Sewer Fund.
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 11 of 126
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Lee
Meeting Date:March 4, 2013 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 12 of 126
Project No: CP0921Project Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: _11/21/2011__ Permision to Advertise
Advertisement Date: _3/19/2012__ Contract Award
Award Date: _6/4/2012_ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 2013 Total
431 Fund - Sewer 50,533023,102073,635
431 Fund - Sewer (Bond Funds)046,752715,2480762,000
432 Fund - Storm R&R program004,42404,424
430 Fund - Water 0078,104078,104
328 Fund - Sidewalk 0013,389013,389
Total50,53346,752834,2670931,552
Activity Prior Years201120122013 Total
Design Engineering - City Costs50,53346,75235,0000132,285
Construction Contract Bid 00543,0840543,084
Change Order #1 00 (10,456)0 (10,456)
Change Order #2 0016,562016,562
Change Order #3 0012,708012,708
Line Item Changes 00 (68,246)0 (68,246)
Construction Engineering - City Costs0035,000035,000
Total50,53346,752563,6510660,936
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
Bi-Annual Sewer Repair/Replacement
Date: February 25, 2103
The "Future Years" column indicates the projected amount to be requested in future budgets.
Total 50,533 46,752 563,651 0 660,936
Prior Years201120122013Total
*328 Funds Budgeted ( )00(13,389)0(13,389)
328 Funds Needed 0013,389013,389
*328 Fund Project Contingency ( )00(0)0(0)
328 Funds Required 00000
Prior Years201120122013Total
*431 Funds Budgeted ( )(50,533)(46,752)(738,350)0(835,635)
431 Funds Needed 50,53346,752467,7350565,020
*431 Fund Project Contingency ( )0 (0)(270,615)0(270,615)
431 Funds Required 00000
Prior Years201120122013 Total
*432 Funds Budgeted ( )00(4,424)0(4,424)
432 Funds Needed 004,42404,424
*432 Fund Project Contingency ( )00(0)0(0)
432 Funds Required 00000
Prior Years201120122013 Total
*430 Funds Budgeted ( )00(78,104)0(78,104)
430 Funds Needed 0078,104078,104
*430 Fund Project Contingency ( )00000
430 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
430 Water Budget Status
328 Sidewalk Budget Status
431 Sewer Budget Status
432 Storm Budget Status
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4904
Date:
February 14, 2013
Department:
Public Works
Attachments:
Resolution No. 4904
Draft Ordinance No. 6452
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Initial Build Out Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to recommend City Council adopt Resolution No. 4904.
Background Summary:
Resolution No. 4904 sets the date of the public hearing for Franchise Agreement No. 12-
41 for Zayo Group L.L.C. for March 18, 2013 at 7:30 pm in Council Chambers.
Franchise Agreement No. 12-41, Draft Ordinance No. 6452 is attached as back up
documentation for Resolution No. 4904. Per Auburn City Code Chapter 20.06.010, a
franchise shall be required of any commercial utility or telecommunications operator or
carrier or other person who desires to occupy public ways of the city and to provide
telecommunications or commercial utility services to any person or area in the city.
Zayo Group L.L.C. has applied for a Franchise Agreement to be able to construct within
the City's rights of way a fiber optic telecommunications network. These facilities would
be part of a larger network of infrastructure that Zayo is building throughout the Puget
Sound region The company's primary customers are other telecommunications
companies, large enterprise class companies, government agencies and other large to
mid-size organizations who require communications and data services. Zayo does not
provide direct, retail services to end user consumers, but instead provides wholesale
services to existing retail telephone companies that enable them to offer end user
services.
The initial proposed build-out includes underground installations by directional boring
and overhead installations on existing utility poles. The proposed franchise area is all
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 21 of 126
rights of way in the City, with the initial build-out to be located in portions of the right of
way of S 277th Street, D Street NE, Auburn Way North, 37th Street NE/NW and I Street
NW. The applicant is requesting the entire City as the proposed franchise area so that
future expansion of their facilities may be accommodated without having to amend the
agreement for each installation. Future installation of facilities is done on a demand basis
when there is specific order from their customers that desire to connect to their network
under long term service contracts. By installing on a demand basis rather than a
speculative basis they avoid unnecessary installations, disruptions, permits and cost for
anticipated future use that may not materialize. Exact locations, plans, engineering and
construction schedules would be reviewed, approved and managed through the City's
permitting processes that are a requirement of the Franchise Agreement.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Wagner Staff:Mund
Meeting Date:March 4, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 22 of 126
----------------------------
Resolution No. 4904
Franchise Agreement No. 12-41
January 29, 2013
Page 1 of 2
RESOLUTION NO. 4904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH ZAYO
GROUP L.L.C.
WHEREAS, Zayo Group L.L.C. has applied to the City for a non-exclusive
Franchise Agreement for the right of entry, use, and occupation of certain public rights-of-
way within the City of Auburn, expressly to install, construct, erect, operate, maintain,
repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of-
way; and
WHEREAS, the Public Works Committee of the Auburn City Council has reviewed
Zayo Goup’s application materials, and, pursuant to ACC 20.06.040, the Public Works
Committee has recommended to the City Council that it schedule a public hearing on the
application; and
WHEREAS, the City Council agrees with the recommendation of the Public Works
Committee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by Zayo Group L.L.C. for a
Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 18th day of
March, 2013, at the City Council Chambers at 25 West Main Street, Auburn, Washington,
98001, with all persons wishing to speak to the application at the public hearing being
RES.A Page 23 of 126
----------------------------
Resolution No. 4904
Franchise Agreement No. 12-41
January 29, 2013
Page 2 of 2
invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of , 2013.
CITY OF AUBURN
______________________________________
PETER B. LEWIS
Mayor
Attest:
___________________________________
Danielle E. Daskam, City Clerk
Approved as to Form:
_____________________________
Daniel B. Heid, City Attorney
RES.A Page 24 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 1 of 15
ORDINANCE NO. 6452
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ZAYO GROUP, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR A
TELECOMMUNICATIONS SYSTEM.
WHEREAS, Zayo Group, LLC, (“Grantee”) has applied to the City of
Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and
occupation of certain public right(s)-of-way within the City, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilities in,
on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A,” attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
“B,” attached hereto and incorporated by reference, and all necessary
appurtenances thereto, (“Grantee Facilities”) for provision of those services set
forth in Exhibit “C” (“Grantee Services”) in, along, under and across the
Franchise Area.
RES.A Page 25 of 126
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 2 of 15
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right-of-way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City: Engineering Aide, Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
RES.A Page 26 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 3 of 15
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee:
Zayo Group, LLC
Attn. General Counsel, ZFTI
400 Centennial Parkway, Suite 200
Louisville, CO 80027
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, with copies to the City Clerk, referencing the title
of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then-current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
RES.A Page 27 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 4 of 15
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance or Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, “Franchise Acceptance”). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
RES.A Page 28 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 5 of 15
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders in undertaking such work, which shall be
done in a thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right-of-way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Grantee.
D. Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City Construction Manager in writing as promptly
as possible, before such repair or emergency work commences, or as soon
thereafter as possible, if advance notice is not practical. The City may act, at
any time, without prior written notice in the case of emergency, but shall notify
the Grantee in writing as promptly as possible under the circumstances.
Section 8. Damages to City and Third-Party Property
RES.A Page 29 of 126
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Ordinance No. 6452
DATE 01/29/2013
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Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer
facilities and ten (10) feet from above-ground City water facilities; provided, that
for development of new areas, the City, in consultation with Grantee and other
utility purveyors or authorized users of the Public Way, will develop guidelines
and procedures for determining specific utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested of the City Engineering Aide to coordinate municipal
functions with Grantee’s activities and fulfill any municipal obligations under state
law. Said information shall include, at a minimum, as-built drawings of Grantee
Facilities, installation inventory, and maps and plans showing the location of
existing or planned facilities within the City. Said information may be requested
either in hard copy or electronic format, compatible with the City’s data base
system, as now or hereinafter existing, including the City’s geographic
information Service (GIS) data base. Grantee shall keep the City Right-of-Way
RES.A Page 30 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 7 of 15
Manager informed of its long-range plans for coordination with the City’s long-
range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City’s release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the CIty
because of non-disclosures requested by Grantee under Washington’s open
public recordsact, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by RCW Chapter
35.99. Pursuant to the provisions of Section 14, Grantee agrees to protect and
save harmless the City from any customer or third-party claims for service
interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City’s discretion, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
RES.A Page 31 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 8 of 15
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99. Where other utilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the negligence of the City.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City’s failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City’s failure or inability to provide such services.
RES.A Page 32 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 9 of 15
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s 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.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
11 85. There shall be no endorsement or modification of the Commercial
General Liability insurance for liability arising from explosion, collapse, or
underground property damage. The City shall be named as an additional insured
under the Grantee’s Commercial General Liability insurance policy with respect
to the work performed under this Franchise using ISO Additional Insured
Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
RES.A Page 33 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 10 of 15
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3. Professional Liability insurance with limits no less than
$1,000,000 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee’s insurance
and shall not contribute with it.
2. The Grantee’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.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
RES.A Page 34 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 11 of 15
The Grantee shall provide the City with a financial guarantee in the amount of
Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial guarantee any damages suffered by City as a
result thereof, including but not limited to staff time, material and equipment
costs, compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grantee specifically agrees
that its failure to comply with the terms of Section 19 shall constitute damage to
the City in the monetary amount set forth therein. Such a financial guarantee
shall not be construed to limit the Grantee’s liability to the guarantee amount, or
otherwise limit the City’s recourse to any remedy to which the City is otherwise
entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance; Provided, that prior
consent for an assignment to Grantee’s affiliates may be granted
administratively.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
RES.A Page 35 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 12 of 15
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer
does not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
RES.A Page 36 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 13 of 15
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee’s
concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
RES.A Page 37 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 14 of 15
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. 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: _____________________
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
RES.A Page 38 of 126
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Ordinance No. 6452
DATE 01/29/2013
Page 15 of 15
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
RES.A Page 39 of 126
Franchise Agreement No 12-41 Zayo Group LLC
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
1/29/2013
RES.A Page 40 of 126
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
Exhibit “B”
Grantee Facilities
Underground and overhead fiber optic cable consisting of individual fiber optic strands.
RES.A Page 41 of 126
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
Exhibit “C”
Grantee Services
Zayo is a provider of bandwidth infrastructure solutions, offering traditional lit
telecommunications services (including private lines and wavelengths, Internet access
and co-location) to wholesale and enterprise customers over a fiber-optic network in
metropolitan markets from coast-to-coast. Wholesale carrier customers include
telecom, wireless, cable, LEC and Internet service providers. Enterprise customers
include web-centric and technology businesses, government entities, educational
institutions, financial services companies, healthcare providers and smaller firms
needing to connect multiple facilities. Zayo does not provide any residential, voice,
cable or video service.
RES.A Page 42 of 126
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
Zayo Group, LLC, for itself, its successors and assigns, hereby accepts and agrees to
be bound by all lawful terms, conditions and provisions of the Franchise attached hereto
and incorporated herein by this reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2013, 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 43 of 126
Zayo Group Proposed Initial Buildout
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
1/29/2013
RES.A Page 44 of 126
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4919
Date:
February 26, 2013
Department:
Innovation & Technology
Attachments:
Res 4919
UW Purchasing Agreement
Budget Impact:
$0
Administrative Recommendation:
Finance Committee recommends City Council adopt Resolution No. 4919.
Background Summary:
The purchase agreement will allow each agency to purchase off respective agency
contract to speed up and capitalize on each agencies completed contract negotiations
saving staff time, and resources. Each agency utilizes and requires similar services,
technology and products requiring RFP, bid lists, and associated research taking up to 6
months in some cases. The cooperative purchasing agreement allows us to leverage
larger purchasing discounts, and resources through sharing.
Reviewed by Council Committees:
Finance, Municipal Services, Public Works
Councilmember:Partridge Staff:Tiedeman
Meeting Date:March 4, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 45 of 126
----------------------------
Resolution No. 4919
February 26, 2013
Page 1 of 2
RESOLUTION NO. 4919
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A COOPERATIVE
PURCHASING AGREEMENT WITH THE
UNIVERSITY OF WASHINGTON FOR THE
PURPOSE OF PURCHASING GENERAL SUPPLIES
AND EQUIPMENT.
WHEREAS, The City of Auburn (“City”) has an ongoing need to purchase
goods and equipment; and
WHEREAS, RCW 39.34.020 allows the City to enter into agreements with
other public agencies, including those from other states, to cooperatively
purchase supplies and equipment; and,
WHEREAS, The State of Washington, through the University of
Washington, has offered to allow the City to access of the University’s
competitively-selected contracts. This access does not obligate the City to make
any purchases, and does not cost the City anything to participate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to enter into an
Interlocal Cooperative Purchasing Agreement in substantial conformity with the
terms attached hereto as Exhibit A and incorporated herein, for the purpose of
utilizing the University of Washington’s contracts with various vendors.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
DI.A Page 46 of 126
----------------------------
Resolution No. 4919
February 26, 2013
Page 2 of 2
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.A Page 47 of 126
Cooperative Purchasing Form 6/17/09-cc
INTERGOVERNMENTAL COOPERATIVE PURCHASING
A G R E E M E N T
Pursuant to Chapter 39.34 of the Revised Code of Washington and to
other applicable laws, the City of Auburn, Washington (“City”) and the
University of Washington, Seattle, Washington, hereby agree to cooperative
governmental purchasing upon the following terms and conditions.
(1) This Agreement pertains to bids and contracts for supplies,
material, equipment or services that may be required from time to time by both
the City and the University of Washington.
(2) Each of the parties from time to time goes out to public bid and
contracts to purchase supplies, material, equipment, and services. Each of the
parties hereby agrees to extend to the other party the right to purchase pursuant
to such bids and contracts to the extent permitted by law, and to the extent
agreed upon between each party and the bidder, contractor, vendor, supplier, or
service provider.
(3) Each of the parties shall comply with all applicable laws and
regulations governing its own purchases.
(4) Each of the parties shall contract directly with the bidder,
contractor, vendor, supplier, or service provider, and pay directly in accordance
with its own payment procedures for its own purchases. Each party will
indemnify and hold the other party harmless as to any claim arising out of its
participation in this Agreement.
(5) Any purchase made pursuant to this Agreement is not a purchase
from either of the parties. This Agreement shall create no obligation to either of
the parties to purchase any particular good or service, nor create to either of the
parties any assurance, warranty, or other obligation from the other party with
respect to purchasing or supplying any good or service.
(6) No separate legal or administrative entity is intended to be created
pursuant to this Agreement. No obligation, except as stated herein, shall be
created between the parties or between the parties and any applicable bidder or
contractor.
(7) The Mayor of Auburn, or the Mayor’s Designee, and the
Purchasing Director of the University of Washington shall be representatives of
the entities for carrying out the terms of this Agreement.
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Cooperative Purchasing Form 6/17/09-cc
(8) This Agreement shall continue in force until canceled by either
party, which cancellation may be effected upon receipt by one of the parties of
the written notice of cancellation of the other party.
APPROVED this day of
, 2013
APPROVED this day of _____ , 2013
(Agency)
By:
University of Washington
By:
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4913
Date:
February 25, 2013
Department:
Finance
Attachments:
Resolution No. 4913
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4913
Background Summary:
The City Council would like to identify funding sources to develop and build a community
center for the City of Auburn.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Partridge Staff:Coleman
Meeting Date:March 4, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 50 of 126
----------------------------
Resolution No. 4913
February 25, 2013
Page 1 of 2
RESOLUTION NO. 4 9 1 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, IDENTIFYING
THE CITY COUNCIL’S DESIRE TO MOVE
FORWARD WITH FUNDING PREPARATIONS FOR
THE CITY OF AUBURN COMMUNITY CENTER
WHEREAS, the City Council intends to develop and build a community
center for the City of Auburn; and
WHEREAS, the City Council wishes to pursue the funding of the
Community Center with the following goals:
• The Mayor or the Finance Department shall periodically report to the City
Council, not less often than yearly, of any undesignated financial
resources that could be available for the Community Center project.
• Funds to be used for the Community Center project shall be segregated
from other funds, which segregated funds shall not be used for other
purpose except in emergency circumstances as directed by the City
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council would request that the Mayor identify and
segregate from available funds amounts that are in excess of current
commitments and obligations, those funds that could be utilized long term for
support of the development of the community center.
Section 2. Following the identification of funding sources, the Mayor
and Finance Director shall report the status of those funding sources to the City
Council so that decisions could be made as to what sources should be
segregated and set aside or held for the development of the community center.
DI.B Page 51 of 126
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Resolution No. 4913
February 25, 2013
Page 2 of 2
Section 3. Funds set aside or held for the development of the
community center may be reallocated for emergency purposes.
Section 4. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 5. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.B Page 52 of 126
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4917
Date:
February 25, 2013
Department:
Public Works
Attachments:
Memo
Resolution No. 4917
Modified TIP #25
Project Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to recommend City Council adopt
Resolution No. 4917.
Background Summary:
The purpose of this Resolution is for the City Council to set a time and date for a public
hearing to amend the 2013-2018 Transportation Improvement Program, to add a new
project for which the City has received grant funding.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Webb
Meeting Date:March 4, 2013 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 53 of 126
Page 1 of 1
Memorandum
TO: Public Works Committee, Mayor Lewis
FROM: James Webb, Traffic Engineer
RE: Proposed Modification to the Auburn 2013-2018 Transportation Improvement Program
DATE: February 25, 2013
CC: Kevin Snyder, Dennis Dowdy, Dennis Selle, Ingrid Gaub, Pablo Para
Background
The City of Auburn was recently awarded a grant from the Washington State Department of
Transportation (WSDOT) for $502,275 with no match requirement to install guardrail along several
City streets. This grant was awarded through the 2013 Quick Response Safety Program.
As part of the award, Auburn is required to add the project to the city’s 2013-2018 Transportation
Improvement Program (TIP) and the State Transportation Improvement Program (STIP) in order to be
eligible to obligate the awarded funds. Since this project is not on the current TIP, staff propose the
addition of a new project to satisfy the WSDOT requirement.
Pursuant to RCW 35.77.010 the legislative body of each city is required to prepare and adopt a
comprehensive transportation program for the ensuing six years. The program may at any time be
revised by a majority of the legislative body of a city, but only after conducting a public hearing.
Schedule:
PCDC Action: February 25, 2013
PWC/Council Action on Public Hearing Resolution: March 4, 2013
Public Hearing and Council Action on Adoption Resolution: March 18, 2013
Attached for review are:
Resolution No. 4917
TIP Mod Project Sheet TIP #25
Project Maps
DI.C Page 54 of 126
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Resolution No. 4917
February 19, 2013
Page 1 of 4
RESOLUTION NO. 4917
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A HEARING DATE IN
RELATION TO AMENDING THE 2013-2018 TRANSPORTATION
IMPROVEMENT PROGRAM OF THE CITY OF AUBURN
PURSUANT TO R.C.W. CHAPTER 35.77
WHEREAS, on February 1, 2013, the City of Auburn was provided
notification by the Washington State Department of Transportation about a
grant award in the amount of $502,275.00 in funds based on an application that
the City submitted on December 26, 2012 for Citywide Guardrail Improvements;
and
WHEREAS, as part of the award, the City is required to add the project
to the 2013-2018 Transportation Improvement Program (TIP) and the
Washington State Transportation Improvement Program (STIP) in order to be
eligible to obligate the awarded funds; and
WHEREAS, RCW 35.77.010 requires that the legislative body of each
City is required to prepare and adopt a Comprehensive Transportation
Improvement Program (TIP) for the ensuing six years. The program may at any
time be revised by a majority of the legislative body of a City, but only after
conducting a public hearing.
DI.C Page 55 of 126
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Resolution No. 4917
February 19, 2013
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. PURPOSE. The purpose of this Resolution is for the City
Council to set a time and date for a public hearing to amend the 2013-2018
Transportation Improvement Program, to add a new project for which the City
has received grant funding.
Section 2. NOTICE OF HEARING. The Council hereby directs that a
notice specifying the time and place of the public hearing shall be published one
time in a newspaper of general circulation and the notice shall also be posted in
three public places. Such public notice shall precede the public hearing by at
least 10 days.
Section 3. DATE OF HEARING. Pursuant to the requirements of State
law, a public hearing on said 2013-2018 Transportation Improvement Program
will be held on the 18th of March, 2013, at 7:30 p.m., or as soon thereafter as
reasonably possible, in the Council Chambers of the Auburn City Hall at 25
West Main Street in Auburn, Washington, before the City Council. All persons
interested in said 2013-2018 Transportation Improvement Program may attend
and testify at said hearing.
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Resolution No. 4917
February 19, 2013
Page 3 of 4
Section 4. AUTHORITY. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
Section 5. EFFECTIVE DATE. This resolution shall be in full force and
effect upon passage and signatures hereon.
DATED and SIGNED this _____ day of March, 2013.
CITY OF AUBURN
_______________________________
PETER B. LEWIS
MAYOR
ATTEST:
________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
DI.C Page 57 of 126
---------------------------
Resolution No. 4917
February 19, 2013
Page 4 of 4
________________________
Daniel B. Heid,
City Attorney
DI.C Page 58 of 126
ARTERIAL STREET FUND (102)Capital Facilities Plan
Six Year Capital Facilities Plan, 2013-2018 Special Revenue Fund
Project Title: Citywide Guardrail Improvements TIP # 25
Project No:cp0912
Project Type:Safety (Non-Capacity)
Project Manager:Jacob Sweeting LOS Corridor ID# 36
Budget: 2012YTD Actual20132012 Budget
BudgetExpendituresBudgetBalance
- - - -
- - - -
- - - -
Activity:
(Previous Yrs)2012 YE 2013 Year EndTotal Project
Funding Sources:Prior to 2012Estimate2013 Budget2014 BudgetProject TotalCost
Unrestricted Street Revenue - - 50,000 - 50,000 50,000
Grants (Fed,State,Local)- - 502,275 - 502,275 502,275
REET - - - - - -
Traffic Impact Fees - - - - - -
Other Sources - - - - - -
- - 552,275 - 552,275 552,275
Capital Expenditures:
Design - - 50,000 - 50,000 50,000
Right of Way - - - - - -
Construction - - 502,275 - 502,275 502,275
- - 552,275 - 552,275 552,275
TotalExpenditures
20152016201720182013-2018Beyond 2018
Funding Sources:
Unrestricted Street Revenue - - - - 50,000 -
Grants (Fed,State,Local)- - - - 502,275 -
REET - - - - - -
Traffic Impact Fees - - - - - -
Other Sources - - - - - -
- - - - 552,275 -
Capital Expenditures:
Design - - - - 50,000 -
Right of Way - - - - - -
Construction - - - - 502,275 -
- - - - 552,275 -
Grants / Other Sources:
Total Expenditures:
Budget Amendments
Adjusted Budget
Total Funding Sources:
Total Expenditures:
Forecasted Project Cost:
Total Funding Sources:
Description:
The project will install guardrail along the Green River Road SE, R Street SE/Kersey Way SE, and Mountainview Drive SW corridors.
Progress Summary:
Grant funding for construction was awarded February 1st with no local match requirement. The project will be designed and constructed
during 2013.
Future Impact on Operating Budget:
This project will have no impact on the operating budget for street maintenance.
Adopted Budget
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AGENDA BILL APPROVAL FORM
Agenda Subject:
NPDES II Annual Report
Date:
February 26, 2013
Department:
Public Works
Attachments:
Memo
Resolution No. 4908
City of Auburn 2012 Annual Report
2013 Auburn Stormwater Management
Plan - Final Draft
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
For discussion only.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Carlaw/Thorn
Meeting Date:March 4, 2013 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 64 of 126
Page 1 of 1
Interoffice Memorandum
To: Mayor Lewis
City Council Members
From: Chris Thorn, Water Quality Programs Coordinator
Tim Carlaw, Storm Drainage Engineer
Date: March 4, 2013
Re: Stormwater Management Program Update for 2013
The Stormwater Management Program (SWMP) details how the City intends to implement the requirements of the
Western Washington Phase II Municipal Stormwater Permit (Permit) issued by the Washington State Department of
Ecology. The City is required to update the SWMP annually.
The Permit requires that the public be able to participate in the update of the SWMP. A public review and comment
period for Auburn’s SWMP will begin on March 4th, and will close with a public hearing at the March 18th City Council
meeting.
The City is required to submit an Annual Report summarizing Permit compliance and stormwater related information to
the Department of Ecology by March 31st of each year. The 2013 SWMP is a required attachment to the 2012 Annual
Report. A resolution to approve the SWMP will be forwarded through committees for adoption by the City Council at
the March 18th Council meeting.
The following schedule outlines our plan to comply with the SWMP / Annual Report submittal deadline.
March 4 Begin public review and comment period on City’s SWMP
March 4 Public Works Committee discussion of City’s NPDES compliance program
March 11 Planning and Community Development Committee approves SWMP and reviews Annual
Report
March 18 Public Works Committee approves SWMP and reviews Annual Report
March 18 Public hearing at Council meeting to end public comment period, City Council approves
SWMP and authorizes the Mayor to include a copy with the Annual Report
March 19-22 Mayor to sign Annual Report
March 31 Annual Report and SWMP due no later than date
If you have any questions, please feel free to give Chris Thorn a call at (253) 804-5065.
DI.D Page 65 of 126
-----------------------------
Resolution No. 4908
February 7, 2013
Page 1 of 3
RESOLUTION NO. 4908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE 2013
STORMWATER MANAGEMENT PROGRAM AND AUTHORIZING
THE MAYOR TO INCLUDE A COPY OF THE PROGRAM IN THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
WESTERN WASHINGTON PHASE II MUNICIPAL STORMWATER
PERMIT ANNUAL REPORT FOR 2012 TO THE WASHINGTON
STATE DEPARTMENT OF ECOLOGY
WHEREAS, The Washington State Department of Ecology issued a
National Pollutant Discharge Elimination System Western Washington Phase II
Municipal Stormwater Permit that regulates the discharge of stormwater from
municipal stormwater systems; and
WHEREAS, the City operates a municipal stormwater system and is
regulated under the National Pollutant Discharge Elimination System Western
Washington Phase II Municipal Stormwater Permit; and
WHEREAS, the National Pollutant Discharge Elimination System
Western Washington Phase II Municipal Stormwater Permit requires
development and implementation of a Stormwater Management Program; and
WHEREAS, the Stormwater Management Program is required to be
updated annually;
WHEREAS, the National Pollutant Discharge Elimination System
Western Washington Phase II Municipal Stormwater Permit requires submittal
of an Annual Report which is to include a copy of the updated Stormwater
Management Program.
DI.D Page 66 of 126
-----------------------------
Resolution No. 4908
February 7, 2013
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the updated Stormwater Management Program is
approved for implementation in the City of Auburn in substantial conformity with
the copy of the Program attached hereto, marked as Exhibit “A” and
incorporated herein by this reference.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation, including submitting a copy of the Program with the City’s
Annual Report to the Department of Ecology.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of ____________, 2013.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
DI.D Page 67 of 126
-----------------------------
Resolution No. 4908
February 7, 2013
Page 3 of 3
City Attorney
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Resolution No. 4908
Exhibit “A”
CITY OF AUBURN
2013 STORMWATER MANAGEMENT
PROGRAM
City of Auburn, WA
March 2013
DI.D Page 91 of 126
Table of Contents City of Auburn Compliance Strategy and Work Plan
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TABLE OF CONTENTS
1. INTRODUCTION........................................................................................................................................................ 1
1.1 Overview .......................................................................................................................................................... 1
1.2 Regulatory Background ................................................................................................................................... 1
1.3 City of Auburn Regulated Area ........................................................................................................................ 2
1.4 Total Maximum Daily Load (TMDL) Compliance ............................................................................................. 2
1.5 SWMP Implementation Responsibilities .......................................................................................................... 2
1.6 Document Organization ................................................................................................................................... 3
2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 1
2.1 Permit Requirements ....................................................................................................................................... 1
2.2 Current Compliance Activities .......................................................................................................................... 1
2.3 Planned 2013 Compliance Activities ................................................................................................................ 2
3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 1
3.1 Permit Requirements ....................................................................................................................................... 1
3.2 Current Compliance Activities .......................................................................................................................... 1
3.3 Planned 2013 Compliance Activities ................................................................................................................ 2
4. PUBLIC INVOLVEMENT ........................................................................................................................................... 1
4.1 Permit Requirements ....................................................................................................................................... 1
4.2 Current Compliance Activities .......................................................................................................................... 1
4.3 Planned 2013 Compliance Activities ................................................................................................................ 1
5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 1
5.1 Permit Requirements ....................................................................................................................................... 1
5.2 Current Compliance Activities .......................................................................................................................... 1
5.3 Planned 2013 Compliance Activities ................................................................................................................ 2
6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .... 1
6.1 Permit Requirements ....................................................................................................................................... 1
6.2 Current Compliance Activities .......................................................................................................................... 1
6.3 Planned 2013 Compliance Activities ................................................................................................................ 2
7. POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS ............... 1
7.1 Permit Requirements ....................................................................................................................................... 1
7.2 Current Compliance Activities .......................................................................................................................... 1
7.3 Planned 2013 Compliance Activities ................................................................................................................ 2
8. MONITORING ............................................................................................................................................................ 1
8.1 Permit Requirements ....................................................................................................................................... 1
8.2 Current Compliance Activities .......................................................................................................................... 1
8.3 Planned 2013 Compliance Activities ................................................................................................................ 1
APPENDIX A ............................................................................................................................................................. A-1
Acronyms and Definitions ..................................................................................................................................... A-1
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LIST OF TABLES
Table 2-1. 2013 Stormwater Management Administration Program Work Plan ……………………………..………2-2
Table 3-1. 2013 Public Education and Outreach Work Plan ……………………………..…………………………….3-2
Table 4-1. 2013 Public Involvement Work Plan…………………………..………………………………………. …….4-2
Table 5-1. 2013 Illicit Discharge Detection and Elimination Work Plan ……………………………………………….5-2
Table 6-1. 2013 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan……6-2
Table 7-1. 2013 Pollution Prevention and Operations and Maintenance Work Plan………………………………..7-2
Table 8-1. 2013 Water Quality Monitoring Work Plan…………………………………………………………………..8-2
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
1. INTRODUCTION
1.1 Overview
This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and
maintenance of this SWMP is required by the Washington State Department of Ecology (Ecology) as a
condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The
Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s).
The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality,
and meet the requirements of the federal Clean Water Act.
Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s
Stormwater Management Program.
1.2 Regulatory Background
The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the
federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The
federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental
agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum
federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State
Department of Ecology (Ecology).
In Washington, municipalities with a population of over 100,000 (as of the 1990 census) were designated as
Phase I communities and must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit.
Auburn’s 1990 census was below the 100,000 threshold, and the City must comply with the Phase II
Municipal Stormwater Permit. About 100 other municipalities in Washington must also comply with the
Phase II Permit, along with Auburn, as operators of small municipal separate storm sewer systems (MS4s).
Ecology’s Phase II Municipal Stormwater Permit is available on Ecology’s website at
http://www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseIIww/wwphiipermit.html
The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the
state’s water bodies (e.g., streams, rivers, lakes, wetlands) as long as municipalities implement programs to
protect water quality by reducing the discharge of “non-point source” pollutants to the “maximum extent
practicable” (MEP) through application of Permit-specified “best management practices” (BMPs). The BMPs
specified in the Permit are collectively referred to as the Stormwater Management Program (SWMP) and
grouped under the following Program components:
Public Education and Outreach
Public Involvement and Participation
Illicit Discharge Detection and Elimination
Controlling Runoff from New Development, Redevelopment, and Construction Sites
Pollution Prevention and Municipal Operation and Maintenance for Municipal Operations
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1: Introduction City of Auburn 2013 SWMP
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Monitoring
The Permit issued by Ecology became effective on August 1, 2012 and expires on July 31, 2013. The Permit
requires the City to report annually (March 31st of each year) on progress in SWMP implementation for the
previous year. The Permit also requires submittal of documentation that describes proposed SWMP activities
for the period of January through July 2013. Throughout the period of January through July 2013 the City
will continue to implement existing programs and maintenance activities.
1.3 City of Auburn Regulated Area
The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge
stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern
boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the
Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s
that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of
the City drain to regional infiltration basins.
1.4 Total Maximum Daily Load (TMDL) Compliance
The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for
rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of
the maximum amount of a pollutant that a water body can receive and still meet water quality standards.
After the TMDL has been calculated for a given water body, Ecology determines how much each source
must reduce its discharges of the pollutant in order bring the water body back into compliance with the water
quality standards. The Clean Water Act requires that TMDL requirements must be included in the NPDES
permits for dischargers into the affected water bodies.
Stormwater discharges covered under this permit are required to implement actions necessary to achieve the
pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA
before the issuance date of the Permit or which have been approved by the EPA prior to the date the
permittee’s application was received by Ecology. Information on Ecology’s TMDL program is available on
Ecology’s website at www.ecy.wa.gov/programs/wq/tmdl.
The current permit does not contain any TMDL requirements for the City of Auburn. However, Ecology
has identified several water bodies that do not appear to meet the water quality standards. Ecology has
developed and the EPA has approved fecal coliform TMDLs for the Puyallup River Watershed. In
accordance with the Ecology approved Quality Assurance Project Plan, Auburn will continue to support the
Puyallup River TMDL clean up effort by conducting wet weather sampling through April 2013.
1.5 SWMP Implementation Responsibilities
The Utilities Engineering Division in the Public Works Department coordinates the overall administration of
efforts to comply with Permit requirements. The work plan tables in each Chapter provide the lead
departments for the associated task. Other major departments/divisions included in the 2013 SWMP
implementation include Maintenance and Operations (M&O), Human Resources (HR), Development
Engineering, Permit Center, Innovation and Technology (IT)), and Parks.
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1.6 Document Organization
The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and
County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The
program components of this SWMP are organized as listed in the Permit:
Section 2.0 addresses Permit requirements for administering the City’s Stormwater Management
Program for 2013.
Section 3.0 addresses Permit requirements for public education and outreach for 2013.
Section 4.0 addresses Permit requirements for public involvement and participation for 2013.
Section 5.0 addresses Permit requirements for illicit discharge detection and elimination for 2013.
Section 6.0 addresses Permit requirements for controlling runoff from new development,
redevelopment, and construction sites for 2013.
Section 7.0 addresses Permit requirements for pollution prevention and operations and maintenance
for municipal operations for 2013.
Section 8.0 addresses Permit requirements for the monitoring section of the Permit for 2013.
Each section includes a summary of the relevant Permit requirements, a description of current activities, and
a table showing the planned activities for 2013. This document also includes acronyms and definitions in
Appendix A for easy reference.
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION
This section of the SWMP describes Permit requirements related to overall Stormwater Management
Program administration, including descriptions of the City’s current and planned compliance activities for
2013.
2.1 Permit Requirements
The Permit (Section S5.A) requires the City to:
Develop and implement a Stormwater Management Program and prepare written documentation for
submittal to Ecology by March 31, 2013. The purpose of the SWMP is to reduce the discharge of
pollutants from the municipal stormwater system to the maximum extent practicable and thereby
protect water quality.
Submit an annual compliance report (for 2012) to Ecology by March 31, 2013 that summarizes the
status of implementation and provides information from assessment and evaluation procedures
collected during the reporting period.
Coordinate with other permittees on stormwater related policies programs, and projects within
adjacent or shared areas.
2.2 Current Compliance Activities
The current compliance activities associated with the Permit include:
The City is on track to comply with Ecology requirements for submittal of SWMP documentation by
March 31, 2013. The Utilities Engineering Division leads the development of the future planned
activities with input and support from several other departments.
The City created an NPDES implementation management group.
The City set up the systems for tracking training. Training attendance is recorded and kept on file with
Human Resources.
The City has defined its strategy for cost tracking. Cost tracking is managed by staff recording time
spent on Permit elements on their timecards using project coding numbers. Reports can be generated
by the Finance Department to determine annual costs by element.
The City has defined and implemented a strategy for managing SOPs. SOPs are available for staff use
on the City’s Intranet.
The City is participating in a regional education and outreach consortium. Staff has ensured that the
City’s education and outreach program will work in concert with regional efforts such as the Puget
Sound Starts Here campaign.
The City is on track to comply with Ecology’s requirements for submittal of the 2012 Annual Report
by March 31, 2013.
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2.3 Planned 2013 Compliance Activities
Auburn has positioned itself well to maintain compliance. Table 2-1 presents the proposed work plan for the
2013 SWMP administration activities.
Table 2-1. 2013 Stormwater Management Administration Program Work Plan
Task ID Task Description Lead Compliance
Timeframe
SWMP-1
Summarize annual activities for "Stormwater
Management Program" component of Annual Report;
identify any updates to Program document. Define
process and roles for annual updates for SWMP.
Utilities
Engineering
The SWMP and Annual
Compliance Report submittal
is due on or before March
31st of each year.
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
3. PUBLIC EDUCATION AND OUTREACH
This section describes the Permit requirements related to public education and outreach, including
descriptions of the City’s current and planned compliance activities for 2013.
3.1 Permit Requirements
The Permit (Section S5.C.1) requires the City to:
Prioritize and target education and outreach activities to specified audiences, including the general
public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors,
developers, review staff and land use planners, and other City employees to reduce or eliminate
behaviors and practices that cause or contribute to adverse stormwater impacts.
Have an outreach program that is designed to improve the target audience’s understanding of the
problem and what they can do to solve it.
Track and maintain records of public education and outreach activities.
3.2 Current Compliance Activities
The current compliance activities associated with the Permit include:
Collaboration with other NPDES municipalities through involvement in the Stormwater Outreach for
Regional Municipalities (STORM) integrated public education campaign, Puget Sound Starts Here
(PSSH). This campaign includes public service ads broadcast locally and on cable tv and the website
www.pugetsoundstartshere.org/. The City of Auburn broadcasts PSSH commercials on the City’s
government TV channel (TV 21).
Many of the current education and outreach activities that address stormwater management are
targeted at the general public, residents/homeowners, and some industries. Some of these programs
are listed below:
• Natural yard care workshops
• Fund raiser car wash kits
• Used motor oil and household hazardous waste program
• Residential hazardous waste newsletter
• Kids day booth
• Water Festival
• Household hazardous waste mobile
• Stormwater lobby display in the Customer Service Center.
• Spring Clean-up (bulky item collection)
• News letter (quarterly or biannually) for business
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• Residential cooking oil recycling
The City tracks its education and outreach efforts.
3.3 Planned 2013 Compliance Activities
The City plans to continue the program that has been developed over the last six years. The target audiences
include:
The general public
Businesses (including home-based and mobile businesses)
Residents/homeowners
Landscapers
Property managers
Engineers, contractors, and developers
City plan review staff, land use planners, and other City employees.
Table 3-1 presents the work plan for the 2013 SWMP public education and outreach activities.
Table 3-1. 2013 Public Education and Outreach Work Plan
Task ID Task Description Lead Compliance
Timeframe
EDUC-1
Continue collaboration with other NPDES
municipalities through Stormwater Outreach for
Regional Municipalities (STORM) and Puget Sound
Starts Here efforts to promote regional education and
outreach programs.
Utilities
Engineering
Refinements to existing
public education and
outreach activities are on-
going.
EDUC-2
Refine education and outreach strategy to supplement
existing education activities. An example would be
evaluating the current pet waste cleanup education
strategy and whether existing education activities
should be supplemented for better results.
Utilities
Engineering
EDUC-3
Implement new or modify existing education and
outreach activities. An example would be
implementing actions related to our Kid’s
Day educational activities based on the evaluation
done after the 2012 event.
Utilities
Engineering
EDUC-4
Staff training related to Surface Water Management
Manual Implementation/Technical Standards:
• Permitting
• Plan Review
• Site Inspections
• Maintenance Standards.
Utilities
Engineering
EDUC-5
Inform public employees, businesses and the general
public of the hazards associated with illegal
discharges and improper disposal of waste.
Utilities
Engineering Ongoing
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EDUC-6
Summarize annual activities for "Public Education and
Outreach" component of Annual Report; identify any
updates to SWMP.
Utilities
Engineering
The SWMP and Annual
Compliance Report submittal
is due on or before March
31st of each year.
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
4. PUBLIC INVOLVEMENT
This section describes the Permit requirements related to public involvement, including descriptions of the
City’s current and planned compliance activities for 2013.
4.1 Permit Requirements
The Permit (Section S5.C.2) requires the City to:
Provide ongoing opportunities for public involvement through advisory boards or commissions and
watershed committees, and public participation in developing rate structures and budgets, stewardship
programs, environmental actions, or other similar activities. The public must be able to participate in the
decision-making processes, including development, implementation, and update of the SWMP.
Make the SWMP and Annual Compliance Report available to the public, by posting on the City’s website.
Make any other documents required to be submitted to Ecology in response to Permit conditions
available to the public.
4.2 Current Compliance Activities
The current compliance activities associated with the Permit include:
The City has defined a series of public involvement activities intended to meet the Permit requirements
for public involvement in development of the Stormwater Management Program. This process involves
presenting the draft SWMP to the Planning and Community Development (PCDC) and Public Works
(PWC) Committees. The City will then have a public hearing and presentation to the City Council.
The City will make the Stormwater Management Program document and Annual Compliance Report
available to the public on the City website.
4.3 Planned 2013 Compliance Activities
The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the
work plan for the 2013 SWMP public involvement activities.
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Table 4-1. 2013 Public Involvement Work Plan
Task ID Task Description Lead Compliance
Timeframe
PI-1 Provide public involvement opportunities for annual
SWMP update.
Utilities
Engineering Public involvement
opportunities will be available
before 3/31/2013 submittal. PI-2
Make SWMP document and Annual Compliance
Report available to public by posting on the City
website.
Utilities
Engineering
PI-3
Summarize annual activities for "Public Involvement
and Participation" component of Annual Report;
identify any updates to SWMP.
Utilities
Engineering
The SWMP and Annual
Compliance Report submittal
is due on or before March
31st of each year.
PI-4
Provide public involvement opportunity for planting
native plants and invasive species removal at the
Auburn Environmental Park.
Planning and
Development
Department
2013
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
5. ILLICIT DISCHARGE DETECTION AND ELIMINATION
This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE),
including descriptions of the City’s current and planned compliance activities for 2013.
5.1 Permit Requirements
The Permit (Section S5.C.3) requires the City to:
Implement an ongoing program to detect and remove illicit discharges, connections, and improper
disposal, including any spills into the municipal separate storm sewers owned or operated by the City.
Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an
ongoing program to detect and address illicit discharges.
Publicly list and publicize a hotline or other local telephone number for public reporting of spills and
other illicit discharges. Track illicit discharge reports and actions taken in response through close-out,
including enforcement actions.
Inform public employees, businesses and the general public of hazards associated with illegal
discharges and improper disposal of waste.
Train staff on proper IDDE response SOPs and municipal field staff to recognize and report illicit
discharges.
Summarize all illicit discharges and connections reported to the City and response actions taken,
including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP.
5.2 Current Compliance Activities
The current compliance activities associated with the Permit include:
The City has completed the mapping required for the Permit and is continually adding data to improve
the quality of the information in the storm drainage system layer of the GIS map. The City also has an
SOP for keeping the municipal separate storm sewer system map and inventory up-to-date.
City codes and standards currently have sections that address the required illicit discharges and civil
infractions.
Citizens can report illicit discharges or illicit dumping using the published spill hotline number or any
of the phone numbers published by the City. The calls are routed to Operations and Maintenance
where they are recorded and distributed to the appropriate response authority.
The City tracks spills, illicit discharges, and inspections.
The City has chosen to use CarteGraph as its issue tracking and resolution system.
The City created an IDDE response and enforcement SOP.
The City has trained staff for illicit discharge recognition and response.
The City has performed field assessments at primary outfalls.
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5.3 Planned 2013 Compliance Activities
Table 5-1 presents the work plan for 2013 SWMP illicit discharge detection and elimination activities.
Table 5-1. 2013 Illicit Discharge Detection and Elimination Work Plan
Task ID Task Description Lead Compliance
Timeframe
IDDE-1 Define and implement City-wide IDDE Program and
develop any necessary supplemental IDDE activities.
Utilities
Engineering Ongoing
IDDE-2
Continue to review and update storm system map to
address data gaps and Permit requirements.
Utilities
Engineering/IT
Ongoing
IDDE-3
Conduct a field assessment of one high priority water
body. The water body to be assessed in 2013 will be
the Auburn valley aquifer.
Utilities
Engineering
Complete assessment field
work for one high priority
water body this year.
IDDE-4
Summarize annual activities for "Illicit Discharge
Detection and Elimination" component of Annual
Report; identify any updates to SWMP.
Utilities
Engineering
The SWMP and Annual
Compliance Report submittal
is due on or before March
31st of each year.
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT,
REDEVELOPMENT, AND CONSTRUCTION SITES
This section describes the Permit requirements related to controlling runoff from new development,
redevelopment, and construction sites, including descriptions of the City’s current and planned compliance
activities for 2013.
6.1 Permit Requirements
The Permit (Section S5.C.4) requires the City to:
Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to
the municipal separate storm sewer system from new development, redevelopment, and construction
site activities. The program must apply to both private and public projects, including roads, and
address all construction/development-associated pollutant sources.
Have adopted regulations (codes and standards), have plan review, inspection, and escalating
enforcement SOPs necessary to implement the program in accordance with Permit conditions,
including the minimum technical requirements in Appendix 1 of the Permit.
Develop provisions (plan review, inspection, and enforcement) and SOPs to allow non-structural
preventive actions and source reduction approaches such as Low Impact Development techniques to
minimize the creation of impervious surfaces and the disturbance of native soils and vegetation.
Have adopted regulations (codes and standards) and processes to verify adequate long-term operations
and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance
with Permit conditions, including an annual inspection frequency and/or approved alternative
inspection frequency and maintenance standards for private drainage systems as protective as those in
Chapter IV of the 2005 Ecology Stormwater Management Manual for Western Washington.
Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives
of the proposed new development and redevelopment.
Provide training to staff on the new codes, standards, and SOPs and create public education and
outreach materials.
Record and maintain records of all inspections and enforcement actions by staff.
Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance
Report; identify any updates to the SWMP.
6.2 Current Compliance Activities
The current compliance activities associated with the Permit include:
The City has existing programs, codes, and standards that address the Permit requirements for
management of stormwater runoff from development, redevelopment, and construction sites. The City
reviews all stormwater site plans for proposed development.
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The City adopted a stormwater management manual approved by Ecology as equivalent to the 2005
Stormwater Management Manual for Western Washington.
The City has a site planning process for BMP selection and design criteria.
The City inspects all permitted development sites during construction and after construction.
The City clearly identifies the party responsible for operations and maintenance (O&M) and requires
long-term O&M of permitted facilities and BMPs.
The City tracks and records inspections and enforcement actions by staff.
The City provides copies of Notices of Intent (NOI) for construction and industrial activities in the
pre-application meeting with developers.
Construction inspectors and most building inspectors have the required erosion control training.
The City submitted the Permit required LID Implementation Report to Ecology.
Engineering staff have obtained LID Certification through the Washington State University Extension
Program.
6.3 Planned 2013 Compliance Activities
The City has a program to help reduce stormwater runoff from new development and construction sites.
Table 6-1 presents the work plan for 2013 SWMP activities related to runoff control for new development,
redevelopment, and construction sites.
Table 6-1. 2013 Controlling Runoff from Development, Redevelopment, and Construction Sites Work
Plan
Task ID Task Description Lead Compliance
Timeframe
CTRL-1
Track and report construction, new development, and
redevelopment permits, inspections and enforcement
actions.
Planning/ Permit
Center On-going.
CTRL-2 Conduct annual inspection of all treatment and flow
control (other than catch basins) – private systems.
Utilities
Engineering On-going
CTRL-3
Summarize annual activities for "Controlling Runoff
from New Development, Redevelopment, and
Construction Sites" component of Annual Report;
identify any updates to SWMP.
Utilities
Engineering
The SWMP and Annual
Compliance Report submittal
is due on or before March
31st of each year.
CTRL-4 City staff will receive Certified Erosion and Sediment
Control Lead training.
Building
Department
Spring 2013
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
7. POLLUTION PREVENTION AND OPERATION AND
MAINTENANCE FOR MUNICIPAL OPERATIONS
This section describes the Permit requirements related to pollution prevention and operations and
maintenance for municipal operations, including descriptions of the City’s current and planned compliance
activities for 2013.
7.1 Permit Requirements
The Permit (Section S5.C.5) requires the City to:
Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from
municipal separate stormwater system and municipal O&M activities.
Establish maintenance standards for the municipal separate stormwater system that are at least as
protective as those specified in the 2005 Stormwater Management Manual for Western Washington.
Perform inspections of stormwater flow control and treatment facilities and catch basins and perform
maintenance as needed to comply with maintenance standards.
Check treatment and flow control facilities after major storms and perform repairs as needed in
accordance with adopted maintenance standards.
Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M
activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by
the City, and to reduce pollutants in discharges from all lands owned or maintained by the City.
Train staff to implement the SOPs and document that training.
Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or
storage yards identified for year-round facilities or yards, and material storage facilities owned or
operated by the City.
Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for
Municipal Operations” component of the Annual Compliance Report; identify any updates to the
SWMP.
7.2 Current Compliance Activities
The current compliance activities associated with the Permit include:
The City operates an O&M program intended to minimize pollutant runoff from municipal
operations.
The City is implementing the stormwater maintenance standards listed in the Stormwater Management
Manual.
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The City conducts and records the necessary maintenance operations identified based on inspections
of stormwater facilities and catch basins. The City performs spot checks of potentially damaged
permanent treatment and flow control facilities after storm events.
M&O staff involved with pesticides, pest management, and erosion and sediment control, receive
training in these areas. The City has developed procedures for these activities.
The City has developed Stormwater Pollution Prevention Plans for applicable City facilities.
Public streets are swept on a regular schedule.
7.3 Planned 2013 Compliance Activities
Table 7-1 presents the work plan for 2013 SWMP activities related to pollution prevention and operations
and maintenance for municipal operations.
Table 7-1. 2013 Pollution Prevention and Operations and Maintenance Work Plan
Task ID Task Description Responsible Schedule Notes
PPOM-1 Conduct annual inspection of all treatment and flow
control (other than catch basins) in the public system.
Utilities
Engineering On-going
PPOM-2
Inspect 20% of the public catch basins before July 31,
2013 and perform maintenance as triggered by the
maintenance standards.
M&O On-going
PPOM-3
Summarize annual activities for "Pollution Prevention
and Operation and Maintenance" component of
annual report; identify any updates to SWMP.
Utilities
Engineering
The SWMP and Annual
Compliance Report submittal
is due on or before March
31st of each year.
PPOM-4 Perform street sweeping. M&O Ongoing
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CITY OF AUBURN 2013
STORMWATER MANAGEMENT PROGRAM
8. MONITORING
This section describes the Permit requirements related to water quality monitoring, including descriptions of
the City’s current and planned compliance activities for 2013.
8.1 Permit Requirements
The Permit (Section S8) does not require municipalities to conduct water quality sampling or other testing
during this permit term, with the following exceptions:
Sampling or testing required for characterizing illicit discharges pursuant to the SWMP’s IDDE
conditions.
Water quality monitoring required for compliance with Total Maximum Daily Load (TMDL)
conditions (water quality clean up plans). The current Permit does not require that Auburn perform
TMDL-related monitoring.
The City is required to provide the following monitoring and/or assessment data in each annual report:
A description of any stormwater monitoring or studies conducted by the City during the reporting
period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations
conducted by other entities were reported to the City, a brief description of the type of information
gathered or received shall be included in the annual report.
An assessment of the appropriateness of the best management practices identified by the City for each
component of the SWMP; and any changes made, or anticipated to be made, to the BMPs that were
previously selected to implement the SWMP and why.
8.2 Current Compliance Activities
Although not required in the current Permit, the City is performing wet weather fecal coliform monitoring of
stormwater discharge to a tributary of the White River as part of the approved Puyallup River Watershed
Fecal Coliform TMDL.
8.3 Planned 2013 Compliance Activities
Table 8-1 presents the work plan for 2013 SWMP monitoring activities.
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Table 8-1. 2013 Water Quality Monitoring Work Plan
Task ID Task Description Lead Compliance
Timeframe
MNTR -1
Participate in regional and state monitoring forums
and future legislative actions in order to influence
development of feasible and effective alternative
future monitoring requirements.
Utilities
Engineering Continue participation.
MNTR -2
Summarize annual monitoring activities for the Annual
Report; identify any updates to SWMP including
identification of sites selected for monitoring and a
summary of proposed questions for effectiveness
monitoring, purpose, design and methods.
Utilities
Engineering
The SWMP and Annual
Compliance Report submittal
is due on or before March
31st of each year.
MNTR-3
Continue wet weather fecal coliform monitoring in
conjunction with the Puyallup River Watershed Fecal
Coliform TMDL.
Utilities
Engineering Through April 2013
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APPENDIX A
Acronyms and Definitions
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Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP
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The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here
for the reader’s convenience.
AKART means all known, available, and reasonable methods of prevention, control and treatment. All
known, available and reasonable methods of prevention, control and treatment refers to the State
Water Pollution Control Act, Chapter 90.48.010 and 90.48.520 RCW.
Basin Plan is a surface water management process consisting of three parts: a scientific study of the basin’s
drainage features and their quality; developing actions and recommendations for resolving any deficiencies
discovered during the study; and implementing the recommendations, followed by monitoring.
Best Management Practices ("BMPs") are the schedules of activities, prohibitions of practices,
maintenance procedures, and structural and/or managerial practices approved by the Department that, when
used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters
of Washington State.
BMP means Best Management Practice.
CFR means Congressional Federal Register.
Component or Program Component means an element of the Stormwater Management Program listed in
S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management
Program for Secondary Permittees of this permit.
CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-
576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et seq.
Discharge for the purpose of this permit means, unless indicated otherwise, any discharge from a MS4
owned or operated by the permittee.
Ecology’s Western Washington Phase I Municipal Stormwater Permit regulates discharges from
municipal separate storm sewers owned or operated by Clark, King, Pierce and Snohomish Counties, and the
cities of Seattle and Tacoma.
Ecology’s Western Washington Phase II Municipal Stormwater Permit covers certain "small"
municipal separate stormwater sewer systems.
Entity means another governmental body, or public or private organization, such as another permittee, a
conservation district, or volunteer organization.
Equivalent document means a technical stormwater management manual developed by a state agency, local
government or other entity that includes the Minimum Technical Requirements in Appendix 1 of this Permit.
The Department may conditionally approve manuals that do not include the Minimum Technical
Requirements in Appendix 1; in general, the Best Management Practices included in those documents may be
applied at new development and redevelopment sites, but the Minimum Technical Requirements in Appendix
1 must still be met.
Heavy equipment maintenance or storage yard means an uncovered area where any heavy equipment,
such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or
where at least five pieces of heavy equipment are stored.
Illicit connection means any man-made conveyance that is connected to a municipal separate storm sewer
without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer
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connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the
municipal separate storm sewer system.
Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of
storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges
from the municipal separate storm sewer) and discharges resulting from fire fighting activities.
IDDE means Illicit discharge detection and elimination.
Low Impact Development (LID) means a stormwater management and land development strategy applied
at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated
with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrologic
functions.
Major Municipal Separate Storm Sewer Outfall means a municipal separate storm sewer outfall from a
single pipe with an inside diameter of 36 inches or more, or its equivalent (discharge from a single conveyance
other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal
separate storm sewers that receive stormwater from lands zoned for industrial activity (based on
comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside
diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 12 acres or more).
Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular, etc.) are
stored in piles, barrels, tanks, bins, crates, or other means.
Maximum Extent Practicable (MEP) refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act
which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce
the discharge of pollutants to the maximum extent practicable, including management practices, control
techniques, and system, design, and engineering methods, and other such provisions as the Administrator or
the State determines appropriate for the control of such pollutants.
MEP means Maximum Extent Practicable.
MS4 – see Municipal Separate Storm Sewer System.
MTRs means Minimum Technical Requirements.
Municipal Separate Storm Sewer System (MS4) means a conveyance, or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or
storm drains):
(i) owned or operated by a state, city, town, borough, county, parish, district, association, or other public body
(created by or pursuant to state law) having jurisdiction over
disposal of wastes, storm water, or other wastes, including special districts under state law such as a sewer
district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian
tribal organization, or a designated and approved management agency under section 208 of the CWA that
discharges to waters of the United States.
(ii) designed or used for collecting or conveying stormwater.
(iii) which is not a combined sewer; and (iv) which is not part of a Publicly Owned Treatment Works
(POTW) as defined at 40 CFR 122.2.
DI.D Page 114 of 126
Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP
A-3
H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx
National Pollutant Discharge Elimination System (NPDES) means the national program for issuing,
modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and
enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act,
for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to
as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology.
Notice of Intent (NOI) means the application for, or a request for coverage under this General Permit
pursuant to WAC 173-226-200.
Outfall means point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer
discharges to waters of the State and does not include open conveyances connecting two municipal separate
storm sewer systems, or pipes, tunnels, or other conveyances which connect segments of the same stream or
other waters of the State and are used to convey waters of the State.
O&M means Operations and Maintenance.
Permittee unless otherwise noted, the term “Permittee” includes Permittee, Co-Permittee, and Secondary
Permittee, as defined below:
(i) A “Permittee” is a city, town, or county owning or operating a regulated small MS4 applying and receiving
a permit as a single entity.
(ii) A “Co-Permittee” is any operator of a regulated small MS4 that is applying jointly with another applicant
for coverage under this Permit. Co-Permittees own or operate a regulated small MS4 located within or
adjacent to another regulated small MS4.
(iii) A “Secondary Permittee” is an operator of regulated small MS4 that is not a city, town, or county.
Small Municipal Separate Storm Sewer System or Small MS4 is a conveyance or system of conveyances
for municipalities having populations of less that 100,000 according to the 1990 US census. Such systems
include road drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels,
and/or storm drains that are:
a. Owned or operated by a city, town, county, district, association or other public body created
pursuant to State law having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under state law such as a sewer districts, flood control districts or drainage
districts, or similar entity.
b. Designed or used for collecting or conveying stormwater.
c. Not a combined sewer system,
d. Not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.
e. Not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under
40 CFR 122.26 (a)(1)(v).
Small MS4s include systems similar to separate storm sewer systems in municipalities such as: universities,
large publicly owned hospitals, prison complexes, highways and other thoroughfares. Storm sewer systems in
very discrete areas such as individual buildings do not require coverage under this Permit.
Small MS4s do not include storm drain systems operated by non-governmental entities such as: individual
buildings, private schools, private colleges, private universities, and industrial and commercial entities.
DI.D Page 115 of 126
Appendix A: Acronyms and Definitions City of Auburn 2013 SWMP
A-4
H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2013 SWMP\2013 Auburn SWMP Final Draft.docx
SOP means standard operating procedure.
Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff
and drainage.
Stormwater Associated with Industrial and Construction Activity means the discharge from any
2conveyance which is used for collecting and conveying stormwater, which is directly related to
manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing
grading and/or excavation, and is required to have an NPDES permit in accordance with 40 CFR 122.26.
Stormwater Management Manual for Western Washington means the 5-volume technical manual
(Publication Nos. 99-11 through 15 for the 2001 version and Publication Nos. 05-10-029-033 for the 2005
version (The 2005 version replaces the 2001 version) prepared by Ecology for use by local governments that
contains BMPs to prevent, control, or treat pollution in storm water.
Stormwater Management Program (SWMP) means a set of actions and activities designed to reduce the
discharge of pollutants from the regulated small MS4 to the maximum extent practicable and to protect water
quality, and comprising the components listed in S5 or S6 of this Permit and any additional actions necessary
to meet the requirements of applicable.
Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant that a
waterbody can receive and still meet water quality standards,
DI.D Page 116 of 126
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
February 27, 2013
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:March 4, 2013 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 117 of 126
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Pa
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6
DI.E Page 119 of 126
Da
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CP
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a
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Pa
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6
DI.E Page 120 of 126
Da
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DI.E Page 123 of 126
AGENDA BILL APPROVAL FORM
Agenda Subject:
Action Tracking Matrix
Date:
February 27, 2013
Department:
Public Works
Attachments:
Public Works Committee 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:March 4, 2013 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 124 of 126
Updated: 2/27/2013 12:26 PM
No.Item Description Contact
Next PWC
Review Date Est. Comp.
Date Status
A Sidewalk Program Funding Sources Para 6/1/2013 PWC to review funding options with Midbiennium budget planning.
B
Track completed project on the 2012 Active
Capital Improvement Projects Map Gaub
C Fulmer Well-Field Feasibility Study Updates Repp 5/6/2013 5/6/13 Initial study finding are not yet completed.
D System Development Charges Repp 7/1/2013 9/1/13 Consultant to complete analysis
E Cost of Service Analysis Repp 11/18/2013 12/31/2013 Consultant to complete analysis
F Payback/Charge in-lieu Process Repp 3/18/2013 3/18/2013 Review current City process
G
CP1224, 2013 Local Street Pavement
Reconstruction Project Wickstrom 4/15/2013 4/15/2013 50% Design Review
H
CP1120, Lea Hill Safe Routes to Schools
Improvement Truong 4/1/2013 4/1/2013 50% Design Review
I 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.
J BNSF Stampede Pass Line Para 3/18/2013 3/18/2013 Discuss Chairman Wagner's email.
K
CP1122, 30th Street NE Area Flooding - Phase
1 Truong 5/1/2013 5/1/2013 Review scope at 60% design stage
L LED Lighting Standards Para 4/15/2013 4/15/2013
Discuss research findings and current state of LED lighting
technology.
M
Auburn Valley Humane Society - Wayfinding
Signage Webb 4/1/2013 PWC requested review of wayfinding signage
Public Works Committee - Action Tracking Matrix
Ongoing - Quarterly updates, next one in April
DI.F Page 125 of 126
Updated: 2/27/2013 12:26 PM
No.Item Description Contact
Next PWC
Review Date Est. Comp.
Date Status
N
4th Street SE/Cross Street and AWS
Intersection Nutter 3/18/2012 Sight-distance issues when turning
O
Pedestrian Visibility Improvements on A St
NW (Post Office exit)Para ??
Staff working with Post Office for permission to place a pedestrian
warning sign on their fence by the driveway exit.
DI.F Page 126 of 126