HomeMy WebLinkAbout03-18-2013 COUNCIL AGENDA PACKET (2)
City Council Meeting
March 18, 2013 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
1. Master Builders Presentation
Garrett Huffman to present information on Buildable Lands & Fee Simple
Townhomes.
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. Public Hearing for Ordinance No. 6452* (Wagner/Dowdy)
City Council to conduct a public hearing to receive public comments,
proposals and suggestions on Ordinance No. 6452, granting to Zayo Group
LLC a Delaware Limited Liability Company, a franchise for a
telecommunications system
2. Public Hearing on 2013-2018 Transportation Improvement Program
Modifications (Backus/Dowdy)
City Council to conduct a public hearing to receive public comments and
suggestions with regard to the proposed modifications to the 2013-2018
Transportation Improvement Program (TIP)
3. Public Hearing on the 2012 Consolidated Annual Performance and
Evaluation Report (Backus/Hursh)
City Council to conduct a public hearing to receive public comments,
proposals and suggestions on the 2012 Consolidated Annual Performance
and Evaluation Report (CAPER)
4. Public Hearing for Stormwater Management Program (Wagner/Dowdy)
City Council to conduct a public hearing to receive public comments,
proposals and suggestions on the City's Stormwater Management Program
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
Page 1 of 247
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
B.Planning & Community Development
1. March 7, 2013 Minutes* (Backus)
C.Public Works
1. March 4, 2013 Minutes* (Wagner)
D.Finance
1. March 4, 2013 Minutes* (Partridge)
E.Les Gove Community Campus
F.Council Operations Committee
IV.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. March 4, 2013 Meeting Minutes* (Partridge/Coleman)
B. Claims Vouchers
Claims check numbers 420952 through 421290 in the amount of $4,792,863.99
and dated March 18, 2013.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533662 through 533689 in the amount of $838,625.95 and
electronic deposit transmissions in the amount of $1,183,386.28 for a grand total of
$2,022,012.23.
D. Public Works Project No. CP1109* (Wagner/Dowdy)
Approve Final Pay Estimate No. 6 to Contract No. 11-15 in the Amount of
$1,522.57 and accept construction of Project No. CP1109, 2011 Storm Pipeline
Repair & Replacement, Phase 1
(ACTION REQUESTED: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.ORDINANCES
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A. Ordinance No. 6459* (Backus/Tate)
An Ordinance of the City Council of the City of Auburn, Washington extending and
amending Chapter 18.56 of the Auburn City Code, relating to the regulation of the
allowance, dimensions, and location of off-premise real estate signs
(ACTION REQUESTED: City Council adopt Ordinance No. 6459.)
VIII.RESOLUTIONS
A. Resolution No. 4908* (Wagner/Dowdy)
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
(ACTION REQUESTED: City Council adopt Resolution No. 4908.)
B. Resolution No. 4918* (Backus/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, amending the
2013-2018 Six-Year Transportation Improvement Program of the City of Auburn
pursuant to RCW Chapter 35.77
(ACTION REQUESTED: City Council adopt Resolution No. 4918.)
C. Resolution No. 4920* (Backus/Tate)
A Resolution of the City Council of the City of Auburn, Washington temporarily
reducing building, planning and engineering related fees and temporarily reducing
park impact fees (PIF) for the period from the effective date of this Resolution
through December 31, 2013, for development projects on certain real property for
which completed applications have been submitted
(ACTION REQUESTED: City Council adopt Resolution No. 4920.)
D. Resolution No. 4921* (Backus/Hursh)
A Resolution of the City Council of the City of Auburn, Washington, to accept the
Consolidated Annual Performance and Evaluation Report (CAPER) for the 2012
program year
(ACTION REQUESTED: City Council adopt Resolution No. 4921.)
E. Resolution No. 4922* (Backus/Tate)
A Resolution of the City of Auburn, Washington, authorizing the acceptance of a
grant from 4Culture and authorizing the Mayor and City Clerk to execute the
necessary contracts to accept said funds
(ACTION REQUESTED: City Council adopt Resolution No. 4922.)
F. Resolution No. 4923* (Backus/Tate)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute Amendment #2 to Grant Agreement No. RCO
#09-1429R between the City of Auburn and the Washington State Recreation and
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Conservation Office for an increase in grant funding
(ACTION REQUESTED: City Council adopt Resolution No. 4923.)
G. Resolution No. 4924* (Backus/Tate)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a contract between the City of Auburn and King
County for a Cooperative Watershed Management Grant to be used for the City's
Fenster Levee Setback and Floodplain Restoration project (Phase II)
(ACTION REQUESTED: City Council adopt Resolution No. 4924.)
IX. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
X.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Ordinance No. 6452
Date:
February 14, 2013
Department:
Public Works
Attachments:
Ordinance No. 6452
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Initial Build Out Map
Budget Impact:
$0
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Franchise Agreement No. 12-
41.
Background Summary:
Per Auburn City Code Chapter 20.06.030 a public hearing shall be held to consider the
proposed Franchise Agreement No. 12-41 for Zayo Group LLC to build and operate a
telecommunications system within the City's rights of way. The date of the public hearing
was set by Resolution No. 4904 on March 4, 2013.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Wagner Staff:Dowdy
Meeting Date:March 18, 2013 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 5 of 247
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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.
PH.1 Page 6 of 247
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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
PH.1 Page 7 of 247
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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.
PH.1 Page 8 of 247
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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
PH.1 Page 9 of 247
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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
PH.1 Page 10 of 247
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Ordinance No. 6452
DATE 01/29/2013
Page 6 of 15
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
PH.1 Page 11 of 247
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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
PH.1 Page 12 of 247
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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.
PH.1 Page 13 of 247
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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 $1,000,000.00 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 $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 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
PH.1 Page 14 of 247
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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
$1,000,000.00 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
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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 ($50,000.00) 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
PH.1 Page 16 of 247
------------------------------
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.
PH.1 Page 17 of 247
------------------------------
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
PH.1 Page 18 of 247
------------------------------
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:
PH.1 Page 19 of 247
------------------------------
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: _________________
PH.1 Page 20 of 247
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
PH.1 Page 21 of 247
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.
PH.1 Page 22 of 247
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.
PH.1 Page 23 of 247
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:
PH.1 Page 24 of 247
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
PH.1 Page 25 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on 2013-2018 Transportation Improvement
Program Modifications
Date:
February 28, 2013
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council conduct a public hearing to receive public comments and suggestions with
regard to the proposed modifications to the 2013-2018 Transportation Improvement
Program (TIP). Attachments can be found with Resolution No. 4917.
Background Summary:
Pursuant to RCW 35.77.010 the City of Auburn is required to annually prepare and adopt
a comprehensive Transportation Improvement Program (TIP) for each ensuing six
calendar years. The TIP is the detailed programming document for transportation
improvements over a six year period. The plan is intended to ensure that the City will
have available advance plans as a guide in carrying out a coordinated street construction
program.
The City Council is required to conduct a public hearing to review and to adopt any
amendments or revisions to the approved plan.
The date of public hearing was set by Resolution No. 4917 on March 4, 2013.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Dowdy
Meeting Date:March 18, 2013 Item Number:PH.2
AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 26 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on the 2012 Consolidated Annual
Performance and Evaluation Report
Date:
March 1, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to hold public hearing on the 2012 Consolidated Annual Performance and
Evaluation Report (CAPER). Review and pass Resolution No. 4921 accepting the 2012
CAPER and direct staff to submit the report to HUD.
Background Summary:
Supporting documents, including the 2012 Consolidated Annual Performance and
Evaluation Report (CAPER) and Resolution No. 4921 are under the Resolution portion of
agenda.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Planning
Councilmember:Backus Staff:Hursh
Meeting Date:March 18, 2013 Item Number:PH.3
AUBURN * MORE THAN YOU IMAGINEDPH.3 Page 27 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Stormwater Management Program
Date:
March 12, 2013
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to conduct a public hearing. For further action on this item, please see
Resolution No. 4796.
Background Summary:
City Council to conduct a public hearing on the City's Stormwater Management Program
that was prepared in response to the Washington State Department of Ecology's
Western Washington Phase II Municipal Stormwater Permit. The Phase II permit covers
the discharges from Auburn's storm drainage system. Implementation of the Stormwater
Management Program is designed to reduce the discharge of pollutants, protect water
quality, and meet the requirements of the Federal Clean Water Act.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:March 18, 2013 Item Number:PH.4
AUBURN * MORE THAN YOU IMAGINEDPH.4 Page 28 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 7, 2013 Minutes
Date:
March 12, 2013
Department:
Planning and Development
Attachments:
Draft March 7, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:March 18, 2013 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 29 of 247
Planning and Community
Development
March 7, 2013 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Vice-Chair Holman called the meeting to order at 5:01 p.m. in Annex
Conference Room No. 2 located on the second floor of One Main
Professional Plaza, One East Main Street, Auburn, Washington. After the
approval of minutes, Chair Backus arrived and facilitated the meeting at
5:06 p.m.
A. Roll Call
Chair Nancy Backus, Vice-Chair John Holman and Member Largo
Wales were present. Also present were Mayor Pete Lewis; Parks,
Arts and Recreation Manager Daryl Faber; Planning Manager
Elizabeth Chamberlain; Advisor to the Mayor Michael Hursh; Storm
Drainage Engineer Tim Carlaw; Water Quality Program Manager Chris
Thorn; Human Services Specialist Kirsten Reynolds; Environmental
Planner Jamie Kelley; Environmental Protection Manager Chris
Andersen; Traffic Engineer James Webb; and Planning and
Development Secretary Tina Kriss.
Members of the audience present included: Scott Pondeleck, Marjory
Dodd, Austin Cole and Kenny McMullen.
B. Announcements
The following public comments were provided:
Marjory Dodd, 11821 SE 323rd Pl, Auburn, Washington.
Austin Cole, 11821 SE 323rd Pl, Auburn, Washington.
Austin Cole stated he and his girlfriend reside in the Lea Hill area and
are concerned about the property located at 11853 SE 323rd Pl. The
owner purchased the home in January and is renovating the home and
increasing the bedooms to seven, adding an additional laundry room
and refrigerator space. The home is zoned single-family residential.
Mr. Cole stated he has been in contact with Green River Community
College and the owner is not part the college housing program. The
home will likely be rented to college students.
Page 1 of 5
PCD.1 Page 30 of 247
Mr. Cole believes the renovation violates City code relating to single-
family residential zoning. Local residents have signed a
petition regarding the matter and it has been given to the City's Human
Resources Department and the City Clerk's office. A letter was also
written to the Mayor and Development Services Manager Jeff Tate.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes - February 5, 2013, Joint Session (Chamberlain)
B. Approval of Minutes - February 25, 2013 (Chamberlain)
Member Wales moved and Vice-Chair Holman seconded to approve
the February 5, 2013 Planning Commission joint session minutes and
the Planning and Development Committee February 25, 2013 regular
meeting minutes as written.
Motion Carried Unanimously. 2-0
III. ACTION
A. Resolution No. 4921 – 2012 Consolidated Annual Performance and
Evaluation Report (CAPER) (Hursh)
Committee to review and move forward Resolution No. 4921 accepting
the 2012 Consolidated Annual Performance and Evaluation Report
(CAPER).
Advisor to the Mayor Michael Hursh stated the CAPER for the 2012
year is required by the Department of Housing and Urban
Development (HUD) and reports on the action Council has taken to
designate funds in the 2012 Action Plan. The report highlights
activities the City is able to accomplish through the use of the Federal
funds as an investment in our community. A public hearing has been
scheduled for the March 18, 2013 City Council meeting.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council approve Resolution No. 4921.
Motion Carried Unanimously. 3-0
B. Resolution No. 4918 (Webb)
A Resolution of the City Council of the City of Auburn, Washington,
Amending the 2013-2018 Six-Year Transportation Improvement
Program of the City of Auburn Pursuant to RCW Chapter 35.77
Member Wales moved and Vice-Chair Holman seconded to
recommend City Council approve Resolution No. 4918.
Page 2 of 5
PCD.1 Page 31 of 247
Motion Carried Unanimously. 3-0
C. Resolution No. 4923, Amendment of SFRB Grant No. RCO #09-
1429R for the Fenster Levee Setback Project (Andersen)
Request for Committee to review and recommend to full City Council
approval of Resolution No. 4923 authorizing the execution of
Amendment #2 to Grant Agreement No. RCO #09-1429R with the
Washington State Recreation and Conservation Office for Phase 2 of
the Fenster Levee Project.
Environmental Protection Manager Chris Andersen
reviewed Resolution No. 4923, an increase in grant funding from the
Washington State Salmon Recovery Funding Board (SRFB) grant in
the amount of $327,353.00 in connection with the City's Fenster Levee
Setback and Floodplain Restoration Project (Phase II).
Member Wales moved and Vice-Chair Holman seconded to
recommend City Council approve Resolution No. 4923.
Motion Carried Unanimously. 3-0
D. Resolution No. 4924 - Acceptance of King County Flood Control
District Grant for the Fenster Levee Setback Project (Andersen)
Request for Committee to review and recommend to full City Council
approval of Resolution No. 4924 authorizing the execution of
Cooperative Watershed Management Grant Agreement No. 9.12.007
with King County for Phase 2 of the Fenster Levee Setback Project.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council approve Resolution No. 4924.
Motion Carried Unanimously. 3-0
E. Resolution No. 4922 – 4Culture Grant Acceptance (Chamberlain)
Acceptance of a $3,500.00 grant from 4Culture to prepare a landmark
designation application for the Pioneer Cemetery.
Planning Manager Elizabeth Chamberlain reviewed proposed
Resolution No. 4922. The City submitted the grant application to
prepare a Landmark Designation application for the Japanese
American Pioneer Cemetery by the October 10, 2012 deadline. The
City was notified November 15, 2012 that the City was awarded a
$3,500.00 grant.
Vice-Chair Holman moved and Member Wales seconded
to recommend City Council approve Resolution No. 4922.
Motion Carried Unanimously. 3-0
Page 3 of 5
PCD.1 Page 32 of 247
IV. DISCUSSION ITEMS
A. NPDES II Annual Report (Carlaw/Thorn)
Resolution No. 4908 regarding the 2013 Stormwater Management
Program.
Water Quality Program Coordinator Chris Thorn stated 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 Stormwater Management
Program (SWMP) is a required attachement to the 2012 Annual
Report.
Resolution No. 4908 is a resolution approving the 2013 SWMP and
authorizes the Mayor to include a copy of the program in the National
Pollutant Discharge Elimination Systems Western Washington Phase
II Municipal Stormwater Permit Annual Report for 2012 to the
Washington State Department of Ecology.
Committee and staff discussed public education opportunities as it
relates to the care and responsibility of the City storm ponds.
Committee was supportive of the Resolution.
B. Ordinance No. 6459 - Code Amendment Related to Off-Premise
Residential Real Estate Signs (Chamberlain)
Planning Manager Elizabeth Chamberlain reviewed the changes the
Committee recommended to the off-premise residential real estate
sign code at the February 11, 2013 meeting. Ordinance No. 6459
extends the off-premise residential real estate sign program for an
additional year to April 22, 2014 and amends the code section to
include the requested changes by the Committee.
Committee was supportive of Ordinance No. 6459 and determined
they would take action on the Ordinance.
Member Wales moved and Vice-Chair Holman seconded to
recommend City Council approve Ordinance No. 6459.
Motion Carried Unanimously. 3-0
C. Resolution No. 4920 (Faber/Chamberlain)
Planning Manager Elizabeth Chamberlain reviewed draft Resolution
No. 4920. The resolution proposes to reduce the Park Impact Fees
(PIF) by 75% or to $875.00 per residential unit, and reduce the
planning, building, and engineering review fees also by 75%.
Committee and staff reviewed the parcels within the downtown area
Page 4 of 5
PCD.1 Page 33 of 247
that can participate in the reductions within the urban center or
Downtown Catalyst Area. To receive the reduction the applicant must
receive all necessary and required development approvals from the
City by the sunset date of December 31, 2013.
Committee concurred, Resolution No. 4920 provides the City with
additional tools to enhance economic development in the downtown
area. Committee is supportive of the reductions and would like to take
action on this Resolution.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council approve Resolution No. 4920.
Motion Carried Unanimously. 3-0
D. Director's Report (Tate)
Committee and Planning Manager Chamberlain discussed the
City's continued trend of an increase in single family residential
permits issued and inspections conducted.
E. PCDC Matrix (Tate)
Planning Manager Chamberlain reviewed the changes to the matrix.
Committee recommended bringing Item No. 2, Shared Student
Housing, back to Committee for discussion and asked staff to provide
the zoning code language for single-family residential, the definition of
boarding, and any legal requirements related to college housing.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 5:57
p.m.
DATED THIS __________________ day of _______________, 2013.
________________________ ___________________________
Nancy Backus - Chair Tina Kriss - Planning Secretary
Page 5 of 5
PCD.1 Page 34 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 4, 2013 Minutes
Date:
March 13, 2013
Department:
Public Works
Attachments:
March 4, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:March 18, 2013 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 35 of 247
Public Works Committee
March 4, 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, Project Engineer
Robert Lee, Engineering Aide Amber Mund, Innovation and
Technology (IT) Director Ron Tiedeman, Finance Director Shelley
Coleman, Traffic Engineer James Webb, Storm Drainage Engineer
Tim Carlaw, Water Quality Control Coordinator Chris Thorn, and
Public Works Secretary Jennifer Cusmir. Members of the public in
attendance included: from SEFNCO Communications, Inc., Scott
Morrison and citizen Scot Pondelick.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
III. ACTION
A. Approval of Minutes
Vice-Chair Peloza noted that the Committee Members making the
motions and seconding the motions had been reversed on the action
items.
Vice-Chair Peloza requested that the motion be positioned in the
minutes following the discussion of the agenda items and before the
voting results. Chairman Wagner stated that if the placement of the
Page 1 of 8
PW.1 Page 36 of 247
motion was due to limitation of the software used to complete the
minutes, the motion can be located prior to the discussion of the
items. Public Works Secretary Cusmir said that she will check with the
City Clerk to determine how others are using the minute’s template in
the software to change the location of the motion.
Vice-Chair Peloza asked that the first sentence for Discussion Item B,
be amended to read, “Vice-Chair Peloza spoke positively about the
report for the Save Our Streets (SOS) program.”
Vice-Chair Peloza noted a formatting error on page 6 of 7, Discussion
Item E.
Vice-Chair Peloza asked that a sentence in the fourth paragraph of
Discussion Item E be amended to read, “Vice-Chair Peloza asked
Mayor Lewis to remind King County of graffiti on Green River Road,
under the 277th bridge.”
Vice-Chair Peloza asked that the first sentence on page 7 of 7,
Discussion Item F, be amended to read, “Finance Director Coleman
responded to a clarification question asked by Vice-Chair Peloza….”
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve the Public Works Committee Meeting
minutes for date, February 19, 2013, as amended.
Motion carried 3-0.
B. Public Works Project No. CP0921 (Lee)
Vice-Chair Peloza asked why some of the items on the final pay
estimate did not more closely match the Engineer’s
Estimate. Assistant Director/City Engineer Selle answered that most of
the items are related to gravels and things that are estimated however;
the actual quantities are difficult to estimate and are not known until
the contractor digs into the existing ground material, i.e. whether
native material or imported material will be used. Assistant
Director/City Engineer Selle explained that one can not predict what
the final trench widths, slopes and depths are going to be because
much of this depends on the contractor’s means and methods.
Member Osborne asked if the sewer television inspection is completed
by City staff or the contractor. Project Engineer Lee answered that for
construction projects, the contractor is required to provide the
inspection. The Maintenance and Operations Sewer Division has their
own video inspection capabilities but they are not used as part of
construction contracts.
Page 2 of 8
PW.1 Page 37 of 247
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the 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.
Motion carried 3-0.
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
Chairman Wagner asked about the grantee facilities being required to
be relocated or replaced, at the City’s request, at the grantee’s
expense. Assistant Director/City Engineer Selle answered that if the
facilities are underground and are in the way of the City, the facilities
are relocated at the grantee’s expenses but if the City asks for
facilities, that are not necessarily in the City’s way, to be relocated
underground, there may be a shared cost between the City and the
grantee, depending upon the situation.
Vice-Chair Peloza asked why the Municipal Service Committee is not
the action committee for Resolution No. 4904. Chairman Wagner
pointed out that franchise agreements are the responsibility of the
Municipal Services Committee if they serve the City’s citizens and the
Zayo franchise agreement is for facilities passing through the City,
therefore Public Works is the action committee. Engineering Aide
Mund clarified that the Zayo Group will be serving other businesses in
the City but not the residents of Auburn directly.
Vice-Chair Peloza asked that all of the dollar amounts in the resolution
include the tenth and hundredth decimal places.
Director Dowdy explained that the grantee must obtain pole
attachments agreements from Puget Sound Energy (PSE) and it is
PSE that determines how much space is left and if a utility pole needs
to be replaced, in response to a question asked by Chairman
Wagner. Chairman Wagner asked if the grantee would ever use poles
owned by the City. Director Dowdy answered that only PSE poles are
used for aerial hookups.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council adopt Resolution No.
4904.
Page 3 of 8
PW.1 Page 38 of 247
Motion carried 3-0.
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
IT Director Tiedeman explained that Resolution No. 4919 authorizes
the City to enter into a cooperative purchasing agreement with the
University of Washington. Tiedeman stated that the agreement will
allow the City to make purchases using contracts that the University
has already negotiated, contracts they have already posted Requests
for Proposals (RFPs) for, or already have contract number for. The
City will be able to share resources that the University has already
gone out to bid on, and vice versa, making the contract a joint
cooperative agreement.
IT Director Tiedeman responded to questions asked by Chairman
Wagner regarding the possible limitations of the agreement in cases
where a bid specifies quantities.
Mayor Lewis and IT Director Tiedeman explained how the City could
utilize the agreement authorized by Resolution No. 4919 in conjunction
with the existing procurement agreement with National League of
Cities, in response to a question asked by Vice-Chair Peloza.
The Committee supported adoption of Resolution No. 4919.
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
Finance Director Coleman explained that Resolution No. 4913
formalizes the City Council’s intent on evaluating the funding for the
Community Center.
Vice-Chair Peloza asked for a date when the Council will be briefed on
the current Community Center footprint and functionality. Chairman
Wagner answered that the topic was going to be on the agenda for the
last Committee of the Whole Meeting, but that the agenda was too
long to include the Community Center. Chairman Wagner suggested
scheduling a workshop. Mayor Lewis suggested that instead of a
workshop, the Parks Department can do a presentation at the next
Council Meeting.
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PW.1 Page 39 of 247
Finance Director Coleman said that any fund that is governmental in
nature may be used, but would not include the enterprise funds, in
response to a question asked by Member Osborne.
The Committee supported adoption of Resolution No. 4913.
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
There were no questions from the Committee.
The Committee supported adoption of Resolution No. 4917.
D. NPDES II Annual Report (Carlaw/Thorn)
Chairman Wagner asked if NPDES deals with infiltration of storm
water into the sanitary sewer system. Water Quality Coordinator Thorn
answered that the current permit does not relate to instances of
infiltration, but the new permit is looking in to it, potentially classifying
infiltration as an illicit discharge.
Water Quality Coordinator Thorn stated that the City is required to
submit its Annual Report with the Stormwater Management Program
attached by March 31, 2013, in response to a question asked by
Chairman Wagner.
The Committee and staff reviewed the 2012 Annual Report.
Water Quality Coordinator Thorn briefed the Committee on the current
permit requirements and methods for detecting illicit discharges. Thorn
stated that staff is not finding much outfall that would indicate illicit
discharge.
The Committee and staff discussed the number and types of calls
received on the hotline.
Chairman Wagner asked for a definition of a “spill to MS4.” Thorn
answered that an MS4 would include conveyance systems for storm
drainage, gutters and the street surface. Staff responded to several
discharges or spills that do not make their way into the storm system
or natural water.
Water Quality Coordinator Thorn answered questions asked by the
Committee regarding the types of discharges staff responds to and the
type of reporting used.
Page 5 of 8
PW.1 Page 40 of 247
Thorn answered questions asked by Chairman Wagner regarding the
total maximum daily load process.
Responding to a question asked by Chairman Wagner, Storm
Drainage Engineer Carlaw and Water Quality Coordinator Thorn
explained how site plans are reviewed by the Planning and
Development and Building Departments. Chairman Wagner spoke
about the potential of escalation of the number of site plan reviews and
possible staffing issues.
Assistant Director/City Engineer Selle stated that the plans that are
approved are issued permits and comply with the Design Standards,
answering a question asked by Vice-Chair Peloza regarding the
number of rejected site plans.
Water Quality Coordinator Thorn stated that the first step in
enforcement is education and attempts to gain compliance willingly
and if there is no response to those measures, staff can escalate the
matter, in response to questions asked by Chairman Wagner.
The Committee suggested that next year, Planning or Building staff be
present at the meeting for discussion of the Annual Report.
Thorn explained the inspections of the public facilities in development
and inspections of ponds, bioswales, etc., following questions asked
by Chairman Wagner.
The Committee and staff discussed the routine inspections of critical
sites after major storms.
The Committee and staff reviewed the draft 2013 Stormwater
Management Plan.
Water Quality Coordinator Thorn answered questions asked by
Chairman Wagner regarding maximum daily load requirements.
The Committee and staff discussed monitoring of various river and
creek outflows.
Chairman Wagner asked how the City challenges the Department of
Ecology’s maximum daily load requirements when they are initially
assigned. Utilities Engineer Repp answered that challenges can be
made and a consultant would be brought it to assist.
Member Osborne asked if an advisory board is a requirement of the
permit. Water Quality Coordinator Thorn answered that it is not
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PW.1 Page 41 of 247
required; however a public comment period is required.
The Committee and staff continued their review of the draft
Stormwater Management Program.
Responding to questions asked by Chairman Wagner, Water Quality
Coordinator Thorn stated that there is a regional water quality forum
that was working to put together proposals for the Department of
Ecology for the next permit cycle to influence what would be included
in the permit for monitoring. City staff participated in that process.
Chairman Wagner requested an NPDES executive summary, focused
on monitoring and enforcement, be provided to the entire Council.
Water Quality Coordinator Thorn explained the schedule outlines for
approval of the program. The public review and comment period
began March 4th. The Planning and Community Development
Committee will discuss the Annual Report and program on March 7th.
On March 18th the Public Works Committee will be asked to take
action and a Public Hearing will be held at the City Council
Meeting. The Council will be asked to adopt Resolution No. 4908 at
the same meeting.
The Committee, Mayor Lewis and staff discussed public education for
illicit discharging into the storm system.
E. Capital Project Status Report (Gaub)
Item 3 – C207A – A Street NW Corridor – Phase 1: Chairman Wagner
asked if there have been any complaints about the connection at the
north end of the corridor. Assistant City Engineer Gaub stated that
there have been no complaints.
Item 10 – CP0915 – Well 1 Improvements – Transmission
Lines: Chairman Wagner asked for staff to check with the contactor
and verify the flaggers on the project site are fully trained. Assistant
City Engineer Gaub answered that all flaggers are required to have
flagging cards, but she will check with staff to see if there have been
any issues.
Item 9 – C201A – M Street Underpass: Vice-Chair Peloza asked about
the installation of a live camera. Mayor Lewis stated that there is a
camera and the feed can be viewed on the City website. Assistant
City Engineer Gaub stated that there is one new railroad bridge being
used by BNSF while the second bridge is under construction, in
response to a question asked by Member Osborne.
Item 13 – CP1108 – 2011/12/13 Citywide Storm Pond
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PW.1 Page 42 of 247
Cleaning: Member Osborne commented on the additional ponds
added to the scope of the project. Assistant City Engineer Gaub stated
that the budget is covering all 16 ponds in the project’s scope in order
to catch up on the outstanding work that must be completed for our
permit requirements.
Item B – CP1115 – City Hall NW Plaza Improvements: Chairman
Wagner asked if storm drainage similar to the front plaza is included in
the project. Assistant City Engineer Gaub stated that the current scope
for the north plaza does not include any underground storm drainage
storage because there is not as much open area on the north side as
there was on the front side of City Hall to accommodate it.
F. Action Tracking Matrix (Dowdy)
Item J – BNSF Stampede Pass Line: Chairman Wagner stated that
staff can reschedule the completion date for later.
Item M – Auburn Valley Humane Society – Wayfinding
Signage: Chairman Wagner asked for the estimated completion
date. Transportation Manager Para answered that the signs will be
installed before April 1st.
Member Osborne reminded staff to include the NPDES Executive
Summary to the matrix. The estimated completion date will be the first
Public Works Committee Meeting in May.
Item O – Pedestrian Visibility Improvements on A Street NW (Post
Office exit): Vice-Chair Peloza asked that “west” be included in the
item description.
Chairman Wagner asked about the estimated completion
date. Assistant Director/City Engineer Selle stated that staff is trying to
contact the Post Office and once staff receives something definitive
from them the dates can be included on the matrix. Chairman Wagner
suggested using the date of the first Public Works Committee Meeting
in May.
VI. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:56 p.m.
Approved this 18th day of March, 2013.
___________________________ ______________________________
Rich Wagner, Chair Jennifer Cusmir, Department Secretary
Page 8 of 8
PW.1 Page 43 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 4, 2013 Minutes
Date:
March 12, 2013
Department:
Administration
Attachments:
March 4, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:March 18, 2013 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 44 of 247
Finance Committee
March 4, 2013 - 5:30 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair John Partridge called the meeting to order at 5:30 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex at
One East Main Street in Auburn.
A. Roll Call
Chair John Partridge, Vice Chair Largo Wales and Member John
Holman were present.
City officials and staff members present included: Mayor Peter B.
Lewis, Public Works Director Dennis Dowdy, City Attorney Daniel B.
Heid, Finance Director Shelley Coleman, Innovation and Technology
Director Ron Tiedeman, and Deputy City Clerk Shawn Campbell.
Also present was Scot Pondelick.
B. Announcements
1. Park Impact Fees Presentation (Faber)
Members agreed to table the presentation to a later time.
C. Agenda Modifications
There was no agenda modification.
II. CONSENT AGENDA
A. February 19, 2013 Minutes
Member Holman moved and Vice Chair Wales seconded to approve
the February 19, 2013 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims check numbers 420665 through 420951 in the amount of
$957,217.61 and dated March 4, 2013.
Committee members reviewed the claims and payroll vouchers and
briefly discussed claims voucher 420719.
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FN.1 Page 45 of 247
Vice Chair Wales moved and Member Holman seconded to approve
and forward the claims and payroll vouchers to the full Council.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers
Payroll check numbers 533632 through 533661 in the amount of
$268,032.73 and electronic deposit transmissions in the amount of
$1,207,092.55 for a grand total of $1,475,125.28.
See claims vouchers above for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6456 (Coleman)
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"
Director Coleman presented Ordinance No. 6456. She said the budget
amendment has been reviewed in the Public Works Committee and
the Planning and Community Development Committee. The budget
amendment brings forward project funds from the previous year and
makes five part-time positions full time.
Member Holman moved and Vice Chair Wales seconded to approve
and forward Ordinance No. 6456 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. RESOLUTIONS
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
Director Tiedeman presented the Cooperative Purchasing agreement
with the University of Washington for goods and services. The
agreement allows the City to use another entity's Requests for
Proposals (RFP). Member Holman asked if the agreement obligates
the City to any funds. Director Tiedeman stated the agreement does
not obligate the City to purchase anything. This type of agreement is
common and allows agencies to work together to get the best
possible pricing. City Attorney Heid stated the City currently has many
similar agreements. Each agreement is written specifically for the
entity the City is working with.
Page 2 of 6
FN.1 Page 46 of 247
Member Holman moved and Vice Chair Wales seconded to approve
and forward Resolution No. 4919 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
V. DISCUSSION ITEMS
A. Affordable Health Care Act
Vice Chair Wales asked how the Affordable Health Care Act will
impact the City. Mayor Lewis stated the City is sending staff to
workshops currently. Director Coleman stated the City is still not
clear on all the implications of the Affordable Health Care Act. She
said anyone who works more than an average of 30 hours per week
over the course of a year would be entitled to full medical benefits.
This would impact the City's seasonal labor pool for both parks and
maintenance and operations. Vice Chair Wales asked if the City could
have people work under the maximum allowed then hire a new set of
seasonal workers. Director Coleman stated the concern would be
knowledge base for the employees.
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
Director Coleman presented Resolution No. 4913. She said the
resolution shows the intent of the City Council regarding a Community
Center. Mayor Lewis said the resolution expresses the Council's
intent to build a Community Center. The City will then look for funds to
build the Community Center without putting the City into debt. Vice
Chair Wales stated the resolution gives the City leverage when
soliciting funds and grants from groups in Washington DC. It also
states the Council does not intend to incur debt to build the
Community Center. Member Holman stated this would create a type
of lock box for funds raised to build the Community Center without any
obligation to the City. Chair Partridge inquired if a previous resolution
had been passed expressly stating the Council intent to build a
Community Center. Mayor Lewis said there had been no formal
Council action. Resolution No. 4913 gives the Council the ability to
attract funds and not commit to a particular source. Vice Chair
Wales stated if the City obligates itself to more loans it would
negatively impact other funds. This resolution protects the current rate
of other loans. Mayor Lewis said Director Faber will give a
presentation at the next Council meeting. City Attorney Heid said this
Resolution does not take away future decision making from the
Council; it allows the Mayor to look for the funds to build
the Community Center. Chair Partridge asked if the City still had any
Page 3 of 6
FN.1 Page 47 of 247
funds that have been set aside for this project. Director Coleman said
the funds that have previously been allocated for this project were
used in the design phase. Mayor Lewis said the City would
be establishing a lock box that the Council could put money into if they
choose. Chair Partridge inquired if future Councils do not want a
Community Center can the funds be used of other projects. Mayor
Lewis said there is a portion of the Resolution that allows the Council
to use the funds if necessary and any action by Council can be
undone by a Council action. Vice Chair Wales said the Les Gove
Committee agreed the project will not be expanded and are putting
parameters on the project.
C. Resolution No. 4916 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the transfer of funds for the purpose of making a loan or
loans from the cumulative reserve fund to the golf course fund for up
to a three-year period of time
Director Coleman presented Resolution No. 4916 regarding the Golf
Course interfund loan. The loan is due March 2013. Resolution No.
4916 proposes to extend the loan at a lesser amount through the end
of the 2013. The original loan is for $350,000.00 of that $50,000.00
would go back into the cumulative reserve fund and $300,000.00
would stay in the Golf Course fund through the end of 2013. If the Golf
Course repayed the loan today the fund would be in a negative cash
position. The City will evaluate the loan at the end of 2013 to decide if
the loan will be a permanent transfer based on the health of the
fund. Because of the seasonal revenue of the Golf Course, the fund
needs to have more operating cash then a typical fund to allow for
operating costs during off season.
Vice Chair Wales asked for a discussion at a future meeting
to address the free passes for students.
D. Auburn Valley Humane Society
Member Holman stated the City is going to need a cash infusion to
make the first quarter payment to the Auburn Valley Humane Society
(AVHS). He requested the Finance Department prepare a report with
the financial status of the City's obligation to AVHS. The City is
responsible for $220,000.00 per year payable in quarterly installments.
Current licensing revenue will not cover the first quarter payment. The
estimated revenue for 2013 is $160,000.00 based on prior years with
King County. The City licensing revenues for January and February
were $6,000.00 for each month, March revenue is estimated to
be approximately $7,000.00. The City will have a significant shortfall
between the licensing revenue and the first quarter payment. In
addition the City is responsible for one FTE Animal Control Officer.
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FN.1 Page 48 of 247
Member Holman stated per his calculations the City is going to be
responsible for approximately $550,000.00 not including the
$1,500,000.00 renovation of the AVHS facility. Member Holman
reiterated he believes AVHS is the best option for the City he simply
would like to have a clear view of the expectations and financial
obligation for the City. He added there is not a line item in the budget
for staff time or facility repairs.
Mayor Lewis stated the City budgeted knowing first quarter revenue
would be low. There are no expenses that that are above and
beyond what has been budgeted.
Chair Partridge stated the $220,000.00 obligation is based on the
licenses purchased from King County from the previous year. The
Animal Control Officer is budgeted from the Police Department and
the capital improvements are a part of the 2012 budget. The risk the
City has undertaken is if pet licensing fees do not meet the obligation
the funds will have to come from the General Fund. Chair Partridge
requested the spreadsheet also include the expenses for pet licensing
if the City had stayed with King County.
Mayor Lewis requested Director Colman add a spreadsheet to the
monthly financial report with the requested data.
E. City Credit Rating
Member Holman stated the City received a Standard and Poors rating
of AA. The reasons noted for receiving such a high rating were: strong
debt service coverage for the past four years, strong combined
liquidity for the Utility Funds, and a broad and deep participation
in Puget Sound Regional economy. Member Holman thanked and
recognized Director Coleman, Financial Planning Manager Martin
Chaw, Mayor Lewis, Economic Development Manager Doug Lein and
Economic Development Planner Bill Thomas for their hard work and
continued support of the City.
F. Valley Communications
Mayor Lewis shared that Valley Communications is part of the King
County 911 system also known as PSERN. Motorola is no longer
making the equipment used for the 911 system. The PSERN system
will be required to purchase new equipment. The cost will be between
$250,000,000.00 and $300,000,000.00. PSERN will need to go out for
bond in August 2014 to pay for the new equipment.
Chair Partridge asked if Valley Communications established an
equipment replacement policy and how the bond rating is figured for
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FN.1 Page 49 of 247
multi jurisdictional bonds. Mayor Lewis stated Valley Communications
does have an equipment replacement policy. Director Coleman
stated a voted bond does not generate a bond rating. Since the bond
for the replacement of 911 system equipment would be an unlimited
General Obligation bond, the City would levy the necessary funds to
service that debt. If the bond is not a voted bond, then the bond rating
would be two values above the lowest common denominator.
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 6:15 p.m.
APPROVED this 18th day of March, 2013.
___________________________ _____________________________
John Partridge, Chair Shawn Campbell, Deputy City Clerk
Page 6 of 6
FN.1 Page 50 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 4, 2013 Meeting Minutes
Date:
March 12, 2013
Department:
Administration
Attachments:
March 4, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:Coleman
Meeting Date:March 18, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 51 of 247
City Council Meeting
March 4, 2013 - 7:30 PM
Auburn City Hall
MINUTES
Watch the meeting video
Meeting videos are not available until 72 hours after the meeting has concluded.
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the
City Hall Council Chambers located at 25 West Main Street and led
those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Rich Wagner, Nancy Backus, Bill
Peloza, John Partridge, Wayne Osborne, Largo Wales and John
Holman.
Department directors and staff members present: City Attorney Daniel
B. Heid, Human Resources and Risk Management Director Brenda
Heineman, Finance Director Shelley Coleman, Police Commander
Scott Near, Public Works Director Dennis Dowdy, Innovation and
Technology Director Ron Tiedeman, Economic Development Manager
Doug Lein, and Deputy City Clerk Shawn
Campbell.
C. Announcements, Appointments, and Presentations
There was no announcement, appointment or presentation.
D. Agenda Modifications
There was no agenda modification.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen spoke regarding added traffic on residential streets due to Page 1 of 6
CA.A Page 52 of 247
the closure of M street for construction. She urged residents
to consider being polite and careful while driving through the
residential neighborhoods.
C. Correspondence
There was no correspondence for the Council's review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Councilmember Peloza reported the Municipal Services Committee
met February 25, 2013. The Committee discussed sidewalk use
restrictions, changes to the animal control and licensing code, and the
Committee project matrix. The next regular meeting of the Municipal
Services Committee is scheduled for March 25, 2013 at 3:30 p.m.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development
Committee met February 25, 2013. The Committee received public
comment from property owners around the proposed transfer
station site. The Committee reviewed Resolution No 4917 for setting a
public hearing for the 2013 - 2018 Transportation Improvement
Program and Ordinance No. 6457 regarding animal control. The
Committee also discussion the biennial budget amendments, and a
franchise agreement for Zayo Group. The Director Report from Jeff
Tate included an update on the Seattle Outlet Collection. The next
regular meeting of the Planning and Community Development
Committee is scheduled for March 7, 2013 at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this
afternoon at 3:30. The Committee approved a final pay estimate for
sanitary sewer improvements and a franchise agreement with Zayo
Group. The Committee discussed a cooperative purchasing
agreement with the University of Washington, Council's interest in a
Community Center, and a public hearing on the Transportation
Improvement Program. The Committee received a report on the
National Pollution Elimination Discharge System, the Capital Project
status, and the Committee matrix. The next regular meeting of the
Public Works Committee is scheduled for March 18, 2013 at 5:00 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at
5:30. The Committee reviewed 2013 claims vouchers in the amount of
$957 thousand and $1.4 million in payroll vouchers. Committee also Page 2 of 6
CA.A Page 53 of 247
reviewed Ordinance No. 6456 and Resolution No. 4919. The
Committee discussed a cooperative purchasing agreement, Council's
intent for a Community Center and the renewal of the Golf Course
Fund loan. Member Holman requested a spreadsheet tracking the
revenue for Auburn Valley Humane Society and Vice Chair Wales
asked for additional information regarding the Affordable Heath Care
Act. The next regular meeting of the Finance Committee is scheduled
for March 18, 2013 at 5:30 p.m.
E. Les Gove Community Campus
Chair Wagner reported that the next meeting of the Les Gove
Community Campus Committee meeting will be held on March 27,
2013 at 5:00 p.m.
F. Council Operations Committee
The next regular meeting of the Council Operations Committee is
scheduled for April 1, 2013 at 5:00 p.m.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. February 19, 2013 Minutes
B. Claims Vouchers (Partridge/Coleman)
Claims check numbers 420665 through 420951 in the amount of
$957,217.61 and dated March 4, 2013.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533632 through 533661 in the amount of
$268,032.73 and electronic deposit transmissions in the amount of
$1,207,092.55 for a grand total of $1,475,125.28.
D. Public Works Project No. CP0921 (Wagner/Dowdy)
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
Deputy Backus moved and Councilmember Wagner seconded to
approve the Consent Agenda.
The Consent Agenda consists of claims vouchers, payroll vouchers
and public works projects.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
VI. NEW BUSINESS
Page 3 of 6
CA.A Page 54 of 247
VII. ORDINANCES
A. Ordinance No. 6456 (Partridge/Coleman)
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"
Councilmember Partridge moved and Councilmember Wales
seconded to adopt Ordinance No. 6456.
Ordinance No. 6456 approves Budget Amendment No. 1
containing capital project budget carryover from 2012, salary
and benefit adjustments for non affiliated employees, staffing and
contract labor adjustments and revenue adjustments.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. RESOLUTIONS
A. Resolution No. 4904 (Wagner/Dowdy)
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
Councilmember Wagner moved and Councilmember Peloza seconded
to adopt Resolution No. 4904.
Resolution No. 4904 sets a date for a public hearing on a Franchise
Agreement for a Zayo Group.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 4917 (Backus/Dowdy)
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
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4917.
Resolution 4917 sets a date for a public hearing on an amendment
to update the Transportation Improvement Program.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 4919 (Partridge/Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Cooperative Purchasing
Page 4 of 6
CA.A Page 55 of 247
Agreement with the University of Washington for the purpose of
purchasing general supplies and equipment
Councilmember Partridge moved and Councilmember Wales
seconded to adopt Resolution No. 4919.
Resolution 4919 allows the City to enter into a cooperative purchasing
agreement with the University of Washington.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and
local organizations.
A. From the Council
Mayor Lewis thanked the Council for passing the Budget Amendment.
Deputy Mayor Backus reported on her attendance at the Sound Cities
networking dinner, the Valley Regional Fire Authority (VRFA)
Awards reception, the ground breaking for Auburn High School, an IPZ
meeting, Applebee's Grand Reopening, the See-Ya-Later Foundation
fund raiser and the Committee of the Whole meeting.
Councilmember Wagner reported he attended the Sound Cities
Association dinner, VFRA Awards banquet, Auburn High School
ground breaking, Compressed Natural Gas ribbon cutting, the
IPZ meeting, Painting with the Stars benefit auction, demolition of
the Mt. Rainier entrance at the Seattle Outlet Collection, and the
Economic Development Board meeting.
Councilmember Wales reported she attended the King County Board
of Health meeting. She shared the goals and achievements for the
committee.
Councilmember Holman reported he attended many of the meetings
that have already been reported on.
Councilmember Peloza reported on his attendance at the Auburn
Airport Advisory Board Meeting, King County Waste Pollution and
Abatement Committee, the Auburn High Schools ground breaking, the
opening of the Compressed Natural Gas Service Center, the Annual
Economic Development Board meeting for Pierce County, the Sound
Cities Group networking dinner. He noted the free movie at Auburn
Avenue Theater on March 5, 2013 and the Auburn International
Farmers Market opening on June 9, 2013. He thanked the King
Page 5 of 6
CA.A Page 56 of 247
Conservation District for a grant for the International Farmers Market.
Councilmember Osborne reported he attended most of the meeting
that have previously been reported on and the Regional Transit
Committee meeting.
Councilmember Partridge reported he attended the Good Eggs
Breakfast, Sound Cities networking dinner, the VRFA awards dinner,
the Auburn High Schools ground breaking, Compressed Natural
Gas service center ribbon cutting, Painting with the Stars fund raiser,
the Thank You Dinner at Café Pacific and the Regional Law, Safety
and Justice Committee meeting.
B. From the Mayor
Mayor Lewis thanked Deputy Mayor Backus for attending events for
him while he was on vacation. He reported he attended the ground
breaking ceremony at Auburn High School. He attended the
Compressed Natural Gas service center ribbon cutting, Mayor
Lewis noted the United States has the largest reserves of natural gas
in the world. He also attend the King County Flood Control District ,the
IPZ meeting, Painting with the Stars fund raiser, the Seattle Outlet
Collection demolition of the Mt. Rainier entrance and the Radio
Executive Policy Committee meeting regarding the PCAPS for the 911
system for King County. Valley Communications is preparing a
presentation for Channel 21 regarding the 911 system. Mayor Lewis
said the City has received many grants and thanked Council for there
work and dedication in securing funds for the City.
X. ADJOURNMENT
At 8:38 p.m., Mayor Lewis adjourned the meeting to closed session to
discuss personnel and collective bargaining pursuant to RCW 42.30.140
(4). City Attorney Heid and Human Resources and Risk Management
Director Heineman were required for the closed session.
APPROVED this 18th day of March, 2013.
___________________________ _____________________________
Peter B. Lewis, Mayor Shawn Campbell, Deputy City
Clerk
Page 6 of 6
CA.A Page 57 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
March 13, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to approve claims vouchers
Background Summary:
Claims check numbers 420952 through 421290 in the amount of $ 4,792,863.99and
dated March 18, 2013.
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 18, 2013 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 58 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
March 13, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to approve Payroll Vouchers
Background Summary:
Payroll check numbers 533662 through 533689 in the amount of $838,625.95 and
electronic deposit transmissions in the amount of $1,183,386.28 for a grand total of
$2,022,012.23.
Reviewed by Council Committees:
Councilmember:Partridge Staff:Coleman
Meeting Date:March 18, 2013 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 59 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1109
Date:
March 12, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 6 to Contract No. 11-15 in the amount of
$1,522.57 and accept construction of Project No. CP1109, 2011 Storm Pipeline Repair &
Replacement, Phase 1.
Background Summary:
This project constructed storm drainage conveyance improvements throughout the City at the following
locations: 37th St NW Outfall, 36th St SE, 17th St SE, and Academy Dr SE. Improvements included
replacement of 400 linear feet of storm culvert pipe (Academy Dr SE), installation of a catch basin with
sluice gate (37th St NW Outfall), installation of 15 linear feet of storm culvert pipe (17th St SE), and
construction of a new catch basin with 54 linear feet of storm pipe (36th St SE). Also included in the project
was asphalt pavement repair, restoration of cement concrete driveway approaches and
restoration/replacement of disturbed landscaping.
This project is within the available funds for the work.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:March 18, 2013 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 60 of 247
Project No: CP1109Project Title:
Project Manager: Robert Lee
Project Initiation
Initiation Date: _8/01/2011__ Permision to Advertise
Advertisement Date: _9/13/2011_ Contract Award
Award Date: __9/30/2011__ Change Order 3 Approval
Contract Final Acceptance
Funding Prior Years 20122013 Future Years Total
432 Fund - Storm R&R Program**127,092116,5074,0230 247,622
Total127,092116,5074,0230247,622
Activity Prior Years20122013Future Years Total
Design Engineering - City Costs26,0885710026,659
Construction Contract Bid (Ph1)77,80597,8661,5230177,194
Change Order #1 4,6850004,685
Change Order #2 7,7710007,771
Change Order #3 031,1340031,134
Line Item Changes 0 (20,977)00 (20,977)
Construction Engineering - City Costs 10,743 7,913 2,500 0 21,156
BUDGET STATUS SHEET
2011 Storm Pipeline Repair and Replacement Program Ph 1
Date: March 11, 2013
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Engineering - City Costs10,7437,9132,500021,156
Total127,092116,5074,0230247,622
Prior Years20122013Future YearsTotal
*432 Funds Budgeted ( )(127,092)(116,507)(4,023)0(247,622)
432 Funds Needed 127,092116,5074,0230247,622
*432 Fund Project Contingency ( )00(0)0(0)
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates money the City has available.
** This is a portion of the 2011 and 2012 annual budget for the Storm Repair & Replacement Program.
432 Storm Budget Status
H:\PROJ\CP1109-2011 Storm Pipeline Repair Replacement\Budget\Pipe R&R Budget Status.xls 1 of 1CA.D Page 61 of 247
CITY OF AUBURN CO.NO.11-15
CP1109 2011 Storm Pipeline Repair&Replacement Program Phase I
PAY ESTIMATE#5&FINAL SCHEDULE A. Storm Utility Improvements
ITEM ESTIMATE { TOTAL PERIOD UNIT PERCENT EST
NO. ITEM DESCRIPTION i QUANTITY I QUANTITY QUANTITY TYPE
UNIT COST TOTAL COST PERIOD COST
QTY
1 Mi or Changes 1 0.744901 0.1457 Eq, 10,000.00 $ 7,449.01 457.00 4 0 0
2Utility Potholing 7 16 EA --7270 00 $ 2,700.00 143%
3 Mobilization 1 LS 6,100.00 $ 600.00 100°
1 _ EA, 650. $fi .00 100%4 Construction Site Signs) `- 1.
5 Traffic Control Labor 100 153 HR 49.50 $ 7,573.50
8 Traffic Control Supervisor 1_1 LS 650.00 $650,03 $- - - W17°
7 Removal of Structures and Obstructions 1 1 LS 3, 00. $ 3,1 .00 __ -
8 lJnsuitable Foundation Excavation lncludirlg 15 Cy 93.00 $ o
9 Gravel Borrow Inolluding Haul 15 CY 25.00 0'/o
10 Shoring or Extra Excavation Class B 2500 600 SF 18.00 24%
11 Crushed Surfacing To Course 130 0 TN 15.25 $
40%
i2 Commercial HMA _ _ __ 50 23.3 TN 215.00 $ 5,009.50 $
Solid V11all Polyvinyl Chloride(PVC}Storm ILF
13 Pipe,SDR-35,8-inch Diem. 55 46.50 $ 2,557.50 , $ 100%_
Solid Wall Polyvinyl Chloride(PVC)Storm
14 Pipe,SDR-35,124nch Diam.
183 348
LF
41.50 S 14,442.00 $190%
Solid Wall Polyvinyl Chloride(PVC)Storm
15 Pipe,SDR-21,12-inch Diam.
217
72 LF 42.50 $ 3,060.00 $ 33%
16 Storm Sewer Televlsion In ection 455 LF 2.40 _ 1,024.08 $ 94%
17 Catch Basin Type 1 1 2 - --- EA ,100.0 $ 2,200.00 $ __. ._._ -200°
Catch Basin Type 3,964n.Diam.wl Sluice
18 Gate 1 1 EA 40,000.00 $ 40,000.00 $ 100%
3 EA 2,450.00 1506/019archBa.§in-[ype$,4&ln.Diam..2. _
20 Connect to Existin Catch Basin 3 3 EA 1,0 .00 3,19_.00 100%
Pie Foundation Material 105 0 TN 17.00 $ 0°
p
210 _._ 48.72 TN 13.50 657.72 SImportedPipeSedd}ng__,,.,._.._.__.._
23 Select Pi a Trench BaCkfill 525 7.09 TN 10.50 $ 179.45 3%
24 Temporary Wafer PollutionlErosion Control 1 0 E 5,000,00 $
25 Landscape Restoration 0.010512 E 000.52.56 10/a
28 Trench Dewaterinq stem 100 IF 1 • 0%
27 Structure Dewaterin System 2 2 EA- 1,950.00 3, .00 $ 1
28 Residential DrNeway_Apron 44 78. 3 Sy 132.00 $ 1b,32t3.36 $ 17896
CO-1 Alternate Sluice Gate w/Manhole 1 1 LS 4,278.57 $ _ 4,278.57 $ 100%
Pipe Connection at 17th St.SEIM St.$I--
CO-2 Complete 1 1
LS 7,096.68 $ 7,096.68 $ 100%
CO-3 Increase Quantity Bid Item#27 0___
CO-3-1 Catch Basin Type 284" 1 1 LS 28,263.80 $ 28,263.80
SCHEDULE TOTAL S 1,457.00
I
Period Dates
Begin_Oct21,2012
End: Dec 20,2012
i
h:lprojVe1CP1109 PE.xls 1 of 4 11912013 at 10:27 AM
CA.D Page 62 of 247
CITY OF AUBURN CO.NO.11-15
CP1109 2011 Storm Pipeline Repair&Replacement Program Phase I
PAY ESTIMATE#6&FINAL SCHEDULE A: Storm Utility Improvements
ITEM[ I ESTIMATE TOTAL PERIOD UNIT I PERCENT EST.
NO, ITEM DESCRIPTION QUANTITY QUANTITY E
UNIT COST TOTAL COST PERIOD COST
TY.
C0-1A Alternate Sluice Gate w/Manhole
Material on Hand 1.00 1.00 LS _$4,045.0 75-6-67o I
Material In tailed
LL
1.00 it I $ 4 045.00
TOTAL 0.001 1 $ I
18A Catch Basin Type 3,96-in.Diam W/sluice
Material on Hand 1.00 1.00 LS $ 8,99".00 8,9 5.00 $ 100%
Material Installed 1.00 I 8.995.0 0_$.__
TOTAL 0.00 1 $
Material on Hand
Material Installed
TOTAL I
Period Dates
Begin: Oct 21.2012
End: Dec 20,2012
I
I
h:lprotlpe1CP1109 PEAS 2 or 4 1/9!2013 at 10:27 AM
CA.D Page 63 of 247
CO.NO. 11-15 CITY OF AUBURN CP1109,2011 Storm Pipeline Repair&Replacement Program Phase 1
2011 Storm Pipeline Repair&Replacement Program Phase I PROJECT SUMMARY CO.NO,11-15
PAY ESTIMATE#6&FINAL
Original Contract Contract Change
Amount Orders Total Payment This Period Percent/Contract
SCHEDULE A. Storm Utility Improvements
Contract 141,169.50 $ 42,915 82 $ 161,833.73 $ 1,45700 88%
Material on Hand
Sales Tax(+9.5%) $ 13,411 10 $ 4,07700 $ 15,374.20 $ 138.42
Retainage(-5%) 8,091.69) $ 72.85)
SCHEDULE TOTAL $ 154,580.60 $ 46,992.82 $ 169,116.24 $ 1,522.57
TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) 177,207 93
TOTAL PAYMENT TO CONTRACTOR 159,116.24 $ 1,522.57
PAYMENT DUE CONTRACTOR: 1,522.57
Begin: Oct 21,2012
End: Dec 20,2012
h:Xproj\pe%CP1109 PE.)ls 3 of 4 1/9/2013 at 10:27 AM
CA.D Page 64 of 247
CITY OF AUBURN CO. NO. 11-15
CP1109
PAY ESTIMATE#6 & FINAL
CONTRACTOR.
Lloyds Enterprises, Inc.
PO Box 3889
Federal Way, WA 98063-3889
Phone. 253-874-6692
The undersigned has reviewed and approved this final pay estimate. 1 agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate
estimate and understand it and that 1 hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract,which are not set forth in this estimate.
I
I
I
PAYMENT DUE TO CONTRACTOR= 11522.57 j
I
Signatures:
Contractor G '`'°' Y ' SL Date
Inspector Date
Project Manag r Date 11
1
City Engineer Date
h:\proj\pe\CP1109 PE.As 4 of 4 1/9/2013 at 10:27 AM
CA.D Page 65 of 247
CA.D Page 66 of 247
CA.D Page 67 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6459
Date:
March 11, 2013
Department:
Planning and Development
Attachments:
Ord 6459
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6459.
Background Summary:
On April 18, 2011, the Auburn City Council passed Ordinance No. 6360 that established
one (1) year interim zoning controls pertaining to the allowance, dimensions, and
location of real estate signs not currently permitted by existing sign regulations in the
public right-of-way or on private property related to the sale, lease, or rent of residential
and non-residential development properties.
Ordinance No. 6360 was developed in response to multiple requests from developers
and owners of residential and non-residential real property in the City seeking
authorization for the placement of real estate signs on public and private properties in
locations, numbers, and of a size than is currently allowable under existing City
regulations. The Ordinance's key purpose was to assist in local economic development
associated with the sale and development of residential and non-residential property in
the City.
Staff worked with the Planning Commission on developing the permanent regulations
and the Planning Commission recommended to the City Council that the real estate sign
regulations be in place for an additional year, or April 21, 2013 unless extended by the
City Council through separate ordinance action and the City Council concurred with the
passage of Ordinance No. 6406 on April 16, 2012.
The Planning and Community Development Committee (PCDC) reviewed the existing
off-premise real estate sign program at their January 14, 2013 meeting and requested
additional information from staff. At the February 11, 2013 PCDC meeting, the
Committee reviewed the additional information and requested that the off-premise real
estate sign program be extended for an additional year with the following changes:
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 68 of 247
Add a provision that projects outside the city limits cannot be advertised within the
city limits.
If an applicant does not comply with the provisions or approvals, then that applicant
may never utilize the program again for the current project or any future projects.
Proposed Ordinance No. 6459 extends the off-premise real estate sign program for an
additional year to April 22, 2014 and amends the code section to include the requested
changes by the Committee. The Planning and Community Development Committee
reviewed Ordinance No. 6459 at their March 7, 2013 meeting and recommended
approval to the City Council.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Planning, Legal
Councilmember:Backus Staff:Tate
Meeting Date:March 18, 2013 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 69 of 247
ORDINANCE NO. 6 4 5 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, EXTENDING
AND AMENDING CHAPTER 18 56 OF THE
AUBURN CITY CODE, RELATING TO THE
REGULATION OF THE ALLOWANCE, DIMENSIONS
AND LOCATION OF OFF-PREMISE REAL ESTATE
SIGNS
WHEREAS, on February 6, 2006, the Auburn City Council adopted
Ordinance No 5993, revising and amending the City of Auburn Sign Code, and
WHEREAS, on April 18, 2011, the Auburn City Council passed Ordinance
No 6360 that established one (1) year interim zoning controls pertaining to the
allowance, dimensions, and location of real estate signs not currently permitted
by existing sign regulations in the public right-of-way or on private property relate
to the sale, lease, or rent of residential and non-residential development
properties, and
WHEREAS, Ordinance No 6360 was developed in response to multiple
requests from developers and owners of residential and non-residential real
property in the City seeking authorization for the placement of real estate signs
on public and private properties in locations, numbers and of a size than is
currently allowable under existing City regulations The Ordinance's key purpose
was to assist in local economic development associated with the sale and
development of residential and non-residential property in the City; and
WHEREAS, the City Council continues to find that current economic
situations warrants reconsideration of existing regulations related to residential
Ordinance No 6459
February 28, 2013
Page 1 of 24
ORD.A Page 70 of 247
and non-residential real estate signs and that the nature and impact of the
current economic situations necessitate the temporary allowance of residential
and non-residential real estate signs not currently allowed under existing City
Code subject to compliance with standards and procedures specified herein,
and,
WHEREAS, in its deliberations of the proposed text amendments to the
Auburn Sign Code, the City of Auburn Planning Commission considered and
recommended to the City Council that, the provisions of the Interim Sign Code
remain in effect until April 22, 2013, and thereafter the Interim sign code be
superseded and replaced with the Sign Code it replaced as adopted by
Ordinance No 5993, and
WHEREAS, any extensions to the real estate sign regulations be reviewed
by the City Council, and
WHEREAS, the Planning and Community Development Committee of the
City Council reviewed the existing off-premise real estate sign regulations and
their January 14, 2013 and February 11, 2013 meetings, and
WHEREAS, the Planning and Community Development Committee made
a recommendation to the full City Council at their March 7, 2013 meeting
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. EXTENSION OF SIGN CODE That Chapter 18 56 of the
Auburn City Code, the City of Auburn "Interim" Sign Code, as adopted in
Ordinance No 6459
February 28, 2013
Page 2 of 24
ORD.A Page 71 of 247
Ordinance No 6360 on April 18, 2011, as amended by Ordinance No 6403,
adopted on February 21, 2012, and amended by Ordinance No 6406 adopted on
April 16, 2012 be and the same hereby is extended and shall remain in full force
and effect until April 22, 2014, reading as follows
Chapter 18 56
SIGNS'
Sections.
18 56 010 Intent.
18 56 020 Definitions.
18 56 025 Real estate signs.
18 56 030 General provisions, all districts.
18 56 040 Regulation by district.
18 56 050 Administrative provisions.
18 56 060 Deviations, variances and appeals.
18 56 070 Liability
18 56 080 Conflicts repealed
18 56 010 Intent.
The overall purpose of this chapter is to enhance and maintain the
aesthetic character, to promote the public health, safety and general welfare, and
to increase the effectiveness of visual communication in the city This chapter is
also intended to avoid visual clutter that may adversely impact traffic and
pedestrian safety, or be adverse to property values, business opportunities and
the city's appearance and to prevent and abate public nuisances. The purpose of
this chapter is implemented by controlling the construction, location, use and
maintenance of all signs and sign structures. It is also the intent of this chapter to
afford noncommercial speech the same or greater protection afforded
commercial speech and to not regulate noncommercial speech to a stricter
standard than commercial speech This chapter is further intended to support
local businesses in the city and the city's overall economy by providing additional
and increased opportunities for the use and siting of temporary and portable
signage subject to conditions, including but not limited to time, size, location and
placement. (Ord 6406 § 1, 2012, Ord 6403 §§ 1, 2, 2012, Ord. 6360 § 2, 2011,
Ord. 6353 § 2, 2011, Ord 6327 § 2, 2010, Ord 6263 § 2, 2009; Ord 5993 § 1,
2006, Ord 4773 § 1, 1995, Ord 4229 § 2, 1987 )
18 56 020 Definitions.
The following definitions are specific to this chapter and are to be used
only for the implementation of this chapter-
A. "Animated sign" means any sign that flashes or simulates motion with
an electronic or manufactured source of supply or contains wind-actuated motion
Ordinance No 6459
February 28, 2013
Page 3 of 24
ORD.A Page 72 of 247
except for flags and banners) An animated sign may also be a sign that meets
the definition of"changing message center' or"revolving sign "
B "Banner" means a temporary sign constructed of fabric, vinyl, or other
durable material, which is not the primary identification for the organization, event
or product advertised, and which is primarily promotional in nature
C "Billboard" means a large outdoor advertising sign containing a
message, commercial or otherwise, unrelated to the use or activity on the
property on which the sign is located and/or to any use or activity in the
immediate area (such as is the case with an off-premises sign) and which is
customarily leased for commercial purposes. The approximate size of the
billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width
D "Changing message center' means an electronically controlled
message center that displays different copy changes on the same lamp bank.
E "Directional sign" means a sign which is located to guide or direct
pedestrian or vehicular traffic to parking entrances, exits, and service areas, and
may not exceed six square feet in area or 10 feet in height. For projects that have
parking lots in excess of 500 spaces, the sign area may be 10 square feet and
the sign height 15 feet.
F "Double-faced sign" means a sign with two faces
G "Electrical sign" means a sign or sign structure in which electrical
wiring, connections, and/or fixtures are used as part of the sign proper
H "Facade" means the entire building front, or street wall face, including
grade to the top of the parapet or eaves, and the entire width of the building
elevation
I "Flashing sign" means an electrical sign or a portion thereof which
changes light intensity in a sudden transitory burst, or which switches on and off
in a constant pattern in which more than one-third of the nonconstant light source
is off at any one time
J "Freestanding sign" means a sign that meets the definition of "ground
sign" (also commonly referred to as a monument sign), or "pole sign " Signs
attached to fences or other structures that are not defined as buildings will be
considered freestanding signs.
K. "Frontage" means the measurement, in linear feet, of the length of the
property line for a single-tenant building or length of leased building frontage for
multitenant buildings or multibuilding complexes.
L. "Grade" means the relative existing ground level in the immediate
vicinity of the sign
M "Ground sign" means a sign attached to the ground and supported by
the ground or a built-up landscaped area such that the sign appears solid with
the ground The height of a ground sign shall be measured from the surrounding
grade Also commonly referred to as a monument sign
N "Identification sign" means a sign containing the name of the business
establishment, occupant of the building or tenant space and/or address of the
premises.
O "Incidental sign" means a sign that is generally informational and of a
noncommercial nature intended primarily for the convenience of the public and
having a maximum area of two square feet. Incidental signs include, but are not
limited to signs designating restrooms, hours of operation, entrances and exits to
Ordinance No 6459
February 28, 2013
Page 4 of 24
ORD.A Page 73 of 247
buildings and parking lots, help wanted, public telephones, etc. Also included are
property control and warning signs such as "no trespassing," "no dumping," etc.,
and plaques, tablets or inscriptions which are an integral part of a building
P "Mansard roof' means a sloped roof or roof-like facade architecturally
able to be treated as a building wall.
Q "Marquee" means a permanent structure attached to, supported by,
and projecting from a building and providing protection from the weather
elements. For the purpose of this chapter, a freestanding, permanent roof-like
structure providing protection from the elements, such as a service station gas
pump canopy, will also be considered a marquee The term "marquee" also
includes canopy
R. "Marquee sign" means any sign which forms part of or is integrated
into a marquee and which does not extend horizontally beyond the limits of such
marquee For the purpose of this chapter, a marquee sign will be considered as a
wall sign
S "Median sign" means a sign that is placed within the median of a public
street.
T "Multiple-building complex" means a group of commercial or industrial
structures, developed as a group either simultaneously or in phases, with more
than one building per parcel.
U "Multiple-tenant building" means a single structure housing more than
one retail business, office or commercial venture but not including residential
apartment buildings, which share the same lot, access and/or parking facilities.
V "On-premises sign" means a sign which carries advertisements
incidental to a lawful use of the premises on which it is located, including signs
indicating the business transacted, services rendered, goods sold or produced on
the premises, name of the person, firm or corporation occupying the premises
W "Off-premises sign" means any sign which advertises an
establishment, merchandise, service, goods, or entertainment which is sold,
produced, and manufactured, or furnished at a place other than on the property
on which said sign is located
X. "Parapet" means a false front or wall extension above the roofline
Y "Perimeter' means a square or rectangle required to enclose the sign
area.
Z. "Portable sign" means any sign made of any material, including paper,
cardboard, wood or metal, which is capable of being moved easily and is not
permanently affixed to the ground, structure or building This also includes
sidewalk or sandwich board signs, except those worn by a person
AA. "Premises" means the real estate as a unit, which is involved by the
sign or signs mentioned in this chapter
BB "Projecting sign" means a sign which is attached to a structure or
building wall in such a manner that the leading edge extends more than 16
inches beyond the surface of said structure or wall but does not extend more
than five feet beyond the property line, extends no more than six inches above
any roofline, and meets all standards for ground clearance Signs that meet the
definition of "marquee sign" or "suspended sign" will not be considered a
projecting sign "
Ordinance No 6459
February 28, 2013
Page 5 of 24
ORD.A Page 74 of 247
CC "Real estate sign" means a portable sign erected by the owner, or the
owner's agent, advertising the real estate upon which the sign is located for rent,
lease or sale
DD "Revolving sign" means any sign that rotates or turns in motion by
electrical or mechanical means in a circular pattern
EE "Roof sign" means a sign erected upon or above a roof or parapet of
a building or structure Mansard roof signs shall be considered as wall signs.
Roof signs may not extend more than five feet in height above the roof
FF "Sign" means any visual communication device, structure, or fixture
which is visible from any right-of-way intended to aid a land use in promoting the
sale or identification of a product, good or service using graphics, symbols, or
written copy For the purpose of this chapter, a sign shall not be considered to be
building or structural design It shall be restricted solely to graphics, symbols, or
written copy that is meant to be used in the aforementioned way This definition
shall include inflatable signs, balloons or other similar devices.
GG. "Sign area" means.
1 The total area of a sign visible from any one viewpoint or direction,
excluding the sign support structure, architectural embellishments, or framework
that contains no written copy, and includes only one side of a double-faced sign
2 Individual letter signs using a wall as the background without added
decoration or change in wall color shall be calculated by measuring the perimeter
enclosing each letter The combined total area of each individual letter shall be
considered the total area of the sign
3 Module signs consisting of more than one sign cabinet shall be
computed by adding together the total area of each module.
4 Perimeter of sign area shall be established by the smallest rectangle
enclosing the extreme limits of the letter module or advertising message being
measured
HH "Sign height" means the vertical distance measured from the adjacent
grade to the highest point of the sign
II "Sign structure" means any structure that supports or is capable of
supporting any sign as defined in this chapter A sign structure may be a single
pole or may or may not be an integral part of the building or structure
JJ "Single-tenant building" means a commercial building or structure that
contains one enterprise or occupant. Buildings within a multibuilding complex
may not be considered a single-tenant building
KK. "Special event signage" means temporary signs including posters,
flags, pennants, and inflatable materials, which are not the primary identification
for the organization, event or product advertised, and which are primarily
intended for short-term promotional periods.
LL. "Suspended sign" means a sign that is attached to and suspended from
a marquee or canopy, and subject to right-of-way and clearance regulations
MM "Temporary sign" means any sign or advertising display constructed of
wood, vinyl, cloth, canvas, light fabric, paper, cardboard, or other light materials,
with or without frames, intended to be displayed for a limited time only This
definition shall include inflatable signs.
Ordinance No 6459
February 28, 2013
Page 6 of 24
ORD.A Page 75 of 247
NN "Traffic hazard" means any sign which does not meet city standards for
clear zone or sight distance or which does not meet the requirements of the
Americans with Disabilities Act.
00 "Wall sign" means a sign attached or erected parallel to and extending
not more than 16 inches from the facade or face of any building to which it is
attached and supported through its entire length, with the exposed face of the
sign parallel to the plane of said wall or facade. "Window signs" which do not
meet the definition of a "temporary sign" shall be considered as wall signs.
PP 'Window sign" means a sign located inside or affixed to windows of a
building, whether temporary or permanent, lighted or unlighted, which may be
viewed from the exterior of the building
QQ. "Feather banner or sign" means a fabric sign with printed
advertisement on one or two faces that is either stationary or rotates and is
attached on one side to a metal pole or stake that is placed in the ground or
attached to a secure object.
RR. "Off-premises directional sign" means a sign located on private
property or in the public right-of-way as authorized that directs or guides persons
to an establishment, merchandise, service, goods, or entertainment which is
sold, produced, and manufactured, or furnished at a place other than on the
property or public right-of-way on which said sign is located (Ord 6406 § 1,
2012, Ord 6403 §§ 3, 4, 2012, Ord 6360 § 2, 2011, Ord 6353 §4, 2011, Ord
6327 § 4, 2010; Ord 6263 § 4, 2009, Ord 6166 § 1, 2008, Ord 5993 § 1, 2006,
Ord 4705 § 2, 1994, Ord 4229 § 2, 1987 )
18 56 025 Real estate signs.
No sign permit is required, except as provided in subsection F of this
section All exterior real estate signs must be of wood or plastic or other durable
material The permitted signs are as follows
A. Residential "for sale" and "sold" signs: such signs shall be limited to
one sign per street frontage not to exceed five square feet in sign area per side,
placed entirely on the property for sale, and not to exceed a height of seven feet.
B Residential directional "open house" signs. such signs shall be limited
to one sign per street frontage on the premises for sale and three off-premises
signs. However, if a broker/agent has more than one house open for inspection
in a single development or subdivision, he/she is limited to four off-premises
open house" signs in the entire development or subdivision Such signs are
permitted only during daylight hours and when the broker/agent or seller or an
agent is in attendance at the property for sale No such sign shall exceed five
square feet in sign area per side The sign may be placed along the periphery of
a public right-of-way, provided it does not interfere with traffic safety, but it may
not be attached to a utility pole or traffic safety device
C Undeveloped commercial and industrial property "for sale or rent"
signs: one sign per street frontage advertising undeveloped commercial and
industrial property for sale or for rent is permitted while the property is actually for
sale or rent. The sign shall not exceed 32 square feet in sign area per side and
eight feet in height.
D Developed commercial and industrial property "for sale or rent" signs.
one sign per street frontage advertising a commercial or industrial building for
Ordinance No 6459
February 28, 2013
Page 7 of 24
ORD.A Page 76 of 247
rent or sale is permitted while the building is actually for rent or sale If one face
of the building is less than 10 feet from the building line, the sign shall be placed
on the building or in a window The sign shall not exceed eight feet in height; if
freestanding, it shall be located more than 15 feet from any abutting property line
and a public right-of-way line Said sign shall not exceed 32 square feet in sign
area per side
E Undeveloped residential property "for sale" signs: one sign per street
frontage advertising undeveloped residential property for sale is permitted not
exceeding 32 square feet in area per side, nor exceeding a height of eight feet.
F Additional signs- the planning and development director may grant
written authorization to allow temporary off-premises signs in addition to those
permitted above A no fee permit shall be applied for prior to installing any
signage.
1. The size of these signs shall be determined by the planning and
development director based on factors including but not limited to surrounding
land uses, sight distance and traffic safety, but in no instances shall the height of
the sign exceed eight feet and the total sign face area exceed 64 square feet.
I Notice of adjacent property owners shall not be required
2. Such additional signs may be used to advertise open houses, to
advertise properties for sale, lease or rent, to provide directions to new
developments, or similar purposes Such signs may be placed within the public
right-of-way, provided they do not interfere with traffic safety, but they may not be
attached to utility poles or traffic safety devices. For the placement of signs within
the public right-of-way, the planning and development director shall consult with
the city engineer, police chief, risk manager and other staff as appropriate
regarding the placement, size and number of signs that may be permissible
within the public right-of-way and may require hold harmless agreements or
similar legal instrument prior to sign placement as a condition of authorization
3. The planning and development director shall determine the number
and locations of such signs, and the period during which they may be displayed
The planning and development director shall take into account the number of
existing signs in any proposed location, and may limit or prohibit new ones so as
to prevent a traffic safety hazard or a detrimental effect on neighboring property
4. Additional signs are only permitted for developments within the city
limits. Advertisement of projects that are outside the city limits but place signs
within the city limits is prohibited.
5. If an applicant does not follow the above provisions, then that
applicant is not permitted to place any additional real estate signs for any project
they may have within the city limits. (Ord 6406 § 1, 2012, Ord 6360 § 2, 2011,
Ord 6287 § 2, 2010, Ord 5993 § 1, 2006 )
18 56 030 General provisions, all districts.
A. Community Signs The planning, building and community director may
approve and permit to be erected entrance signs, at or near the city limits, on city
public right-of-way or on privately owned parcels with the owner's permission, on
which may be listed institutional names, service clubs or organizations or points
of interest or similar public information Right-of-way use permits may be required
Ordinance No 6459
February 28, 2013
Page 8 of 24
ORD.A Page 77 of 247
for signs located in the public right-of-way, except as permitted by subsection
13)(1), (13)(2), 1 or J of this section
B Temporary Signs.
1 Special event signage may be allowed in the RO, RO-H, CN, C-1, C-2,
C-3, DUC, BP, LF, M-1, M-2, EP and the nonresidential used properties in the
Terrace View District and the PUD-Lakeland Hills South subject to obtainment of
temporary sign permit authorization from the city and compliance with the
following as applicable
a. The area of any single sign shall not exceed 30 square feet;
b Special event signs as authorized herein shall not have the following
i Illumination of any kind;
ii Strobing or blinking or flashing lights,
iii Electrical animation,
iv Changeable reader copy, electronic or manual,
c. Special event signage shall not exceed the maximum height limitations of
the underlying zoning district;
d Special event signs may have spinning elements attached to them
including but not limited to flags or pennants or balloons or windsocks attached to
them, provided, that they do not at any time constitute a traffic safety or
pedestrian safety hazard,
e Balloons and windsock special event signage shall not be authorized to
be placed in the public rights-of-way or on-site landscape areas or off-site on
another private parcel of land that does not contain the business or service being
advertised,
f Flag and pennant special event signage may be authorized to be placed
in the public rights-of-way; provided, that placement in the public rights-of-way
does not constitute a traffic safety or pedestrian safety hazard and does not
create nonconformance to the Americans with Disabilities Act;
g Flag and pennant special event signage may be authorized to be placed
in on-site landscape areas and off-site on another private parcel of land that does
not contain the business or service being advertised, provided, that placement in
on-site landscape areas does not impede sight distance and that off-site
placement on another property has received prior property owner authorization
2 Banners may be allowed in the RO, RO-H, CN, C-1, C-2, C-3, DUC, BP,
LF, M-1, M-2, EP and the nonresidential used properties in the Terrace View
District and the PUD-Lakeland Hills South, subject to obtainment of temporary
sign permit authorization from the city and compliance with the following
a. The area of any single banner used by a single business on a site shall
not exceed 32 square feet; provided, that banners crossing roadways as
approved by the city shall not exceed 120 square feet.
b For multitenant buildings and/or multibusiness complexes, each business
shall be authorized to have a banner; provided, that the size of each banner shall
be limited to maximum of 32 square feet; provided, that banners crossing
roadways as approved by the city shall not exceed 120 square feet.
c. Banners as authorized herein shall not have the following
i. Illumination of any kind,
ii. Strobing or blinking or flashing lights,
iii Electrical animation,
Ordinance No 6459
February 28, 2013
Page 9 of 24
ORD.A Page 78 of 247
iv Changeable reader copy, electronic or manual.
d Banner signage shall not exceed the maximum height limitations of the
underlying zoning district.
e Banners may have spinning elements attached to them including but not
limited to flags or pennants or balloons or windsocks attached to them, provided,
that they do not at any time constitute a traffic safety or pedestrian safety hazard
f Banners may be authorized to be placed in the public rights-of-way;
provided, that placement in the public rights-of-way does not constitute a traffic
safety or pedestrian safety hazard or does not create nonconformance to the
Americans with Disabilities Act.
g Banners may be authorized to be placed in on-site landscape areas and
off-site on another private parcel of land that does not contain the business or
service being advertised, provided, that placement in on-site landscape areas
does not impede sight distance and that off-site placement on another property
has received prior property owner authorization
C Civic Events. Street banners may be permitted subject to approval and
installation in accordance with rules and procedures established by the city of
Auburn public works department.
D Sign Lighting Provisions.
1 All lighting shall be arranged to reflect away from any residential zone
No person shall construct, establish, create or maintain any stationary exterior
lighting or illumination system or any interior system which is intended to be
viewed from a street, highway or other public thoroughfare used for vehicular
traffic which system contains or utilizes
a. Any exposed incandescent lamp with wattage in excess of 25 watts,
b Any exposed incandescent lamp with a metallic reflector;
c. Any exposed incandescent lamp with an external reflector;
d Any revolving beacon light;
e Any continuous or sequential flashing operation, except as allowed for
changing message center signs in subsection F of this section
2 The provisions of subsection (D)(1) of this section shall not apply to
a. Lighting systems owned or controlled by any public agency for the
purpose of directing or controlling navigation, traffic, or highway or street
illumination,
b Aircraft warning lights.
E Construction Provisions, Sight Distance, Exposed Angle Iron and Wire
1 Each sign shall be adequately constructed in accordance with the
requirements of the International Building Code, as amended,
2 Signs containing electrical circuitry shall meet the requirements of the
National Electrical Code and all state laws, and shall include an approved testing
lab sticker;
3 Signs must meet vehicular sight distance requirements established by
the city engineer pursuant to the city of Auburn engineering design standards,
4 When a projecting sign is used, no angle irons, guy wires or braces shall
be visible, except those that are an integral part of the overall design, such as
decorative metals or woods, or unless they are required for safety
F Changing Message Center Signs. Where permitted under this chapter,
changing message center signs shall comply with the following requirements,
Ordinance No 6459
February 28, 2013
Page 10 of 24
ORD.A Page 79 of 247
provided, that changing message center signs that only display time and
temperature or similar public service information shall be exempt from these
requirements.
1 Where Allowed Changing message center signs shall only be allowed in
the I, P-1, C-1, C-2, DUC, C-3, M-1 and M-2 zones.
a. In the I and C-1 zones, changing message center signs shall only be
allowed on frontages along a collector, minor or principal arterial street.
b In the I zone, no changing message center sign shall operate between
the hours of 1000 p m. and 6 00 a.m
c. In the DUC zone, changing message center signs shall only be allowed
when located adjacent and oriented to Auburn Way North/Auburn Way South
street frontages. (For other sign standards for the DUC zone, see ACC
18 29 060(1) )
2 Number No more than one changing message center sign per street
frontage shall be permitted on each property
3 Sign Face Area. Except in the I and P-1 zones, the changing message
center shall not constitute more than 75 percent of a sign's total sign face area.
4 Display
a The display of the sign shall not change more rapidly than once every
one and one-half seconds.
b No scrolling message shall require more than five seconds to be
displayed in its entirety
5 Light Levels
a. Changing message center signs shall have installed ambient light
monitors and shall at all times allow such monitors to automatically adjust the
brightness level of the sign based on ambient light conditions.
b At no time shall a changing message center sign be operated at a
brightness level greater than the manufacturer's recommended levels.
c. All lighting shall be arranged to reflect away from any residential zone
The director shall have the authority to require a sign permit application to
include information to ensure the intent of this requirement is met.
d The brightness level shall not exceed 8,000 nits when measured from
the sign's face at its maximum brightness during daylight hours and 500 nits
when measured from the sign's face at its maximum brightness between dusk
and dawn
6 On-Premises Advertising Only Changing message center signs shall
only advertise on-premises products and services, or display public service
messages or messages on behalf of not-for-profit organizations
7 Additional Requirements A copy of the manufacturer's operating manual
shall be provided to the city upon request.
8 Amortization All changing message center signs that do not comply with
the requirements of subsections (F)(4) and (5) of this section shall be brought
into compliance with those requirements by April 1, 2009
G Change of Copy The holder of a permit, for the duration thereof, shall
have the right to change the advertising copy on the structure or sign for which
the permit was issued without being required to pay any additional fees.
H Exemptions. Unless otherwise specified or unless expressly prohibited, it
is not the intent of this chapter to regulate the following signs.
Ordinance No 6459
February 28, 2013
Page 11 of 24
ORD.A Page 80 of 247
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ORD.A Page 81 of 247
e One hundred through 125 lineal feet of public or private street frontage
equals one portable sign every three lineal feet of street frontage up to a
maximum of seven signs at any given time
f One hundred twenty-six through 150 lineal feet of public or private street
frontage equals one portable sign every three lineal feet of street frontage up to a
maximum of eight signs at any given time
g One hundred fifty-one through 175 lineal feet of public or private street
frontage equals one portable sign every three lineal feet of street frontage up to a
maximum of nine signs at any given time
h One hundred seventy-six lineal feet and greater of public or private street
frontage equals one portable sign every three lineal feet of street frontage up to a
maximum of 10 signs at any given time
i The planning director shall have the discretionary authority to authorize
additional portable signs along a public or private street frontage when in his or
her determination such allowance will not substantively impact the visual and/or
aesthetic impact to the city and such allowance is warranted by physical site
conditions or economic or business considerations or other factors as deemed
reasonable by the planning director
5 Portable signs shall not be located in one or more existing parking
spaces on a development site
6 Portable signs as authorized herein shall not have the following
a Illumination of any kind,
b Strobing or blinking or flashing lights,
c. Electrical animation,
d Changeable reader copy, electronic or manual
7 Portable signs may have spinning elements including but not limited to
flags or pennants or balloons or windsocks attached to them, provided, that they
do not at any time constitute a traffic safety or pedestrian safety hazard
8 Portable signs advertising a business or service not located on the same
site shall be allowed to be located off-site from the business or service being
advertised, provided, that prior property owner authorization has been obtained
by said business operator or service provider
9 Each portable sign shall have a maximum total sign size of 36 inches in
height and 30 inches in width and be limited to two faces.
10 Portable signs shall be allowed in the public right-of-way; provided, that
any and all signs are not placed within vehicle travel lanes or
improved/unimproved vehicle shoulder areas or bicycle lanes, are not placed in
front of or block access to marked bus transit stops, do not interfere with or
impede pedestrian traffic or crossings and do not create nonconformance to the
Americans with Disabilities Act.
J Off-premises directional signs shall be allowed in the RO, RO-H, CN, C-
1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP, and the nonresidential used properties
in the Terrace View District and the PUD-Lakeland Hills South subject to
obtainment of temporary sign permit authorization from the city and compliance
with the following as applicable
1 Off-premises directional signs as authorized herein shall not have the
following
a. Illumination of any kind,
Ordinance No 6459
February 28, 2013
Page 13 of 24
ORD.A Page 82 of 247
b Strobing or blinking or flashing lights;
c. Electrical animation,
d Changeable reader copy, electronic or manual
2. Off-premises directional signs may have spinning elements including but
not limited to flags or pennants or balloons or windsocks attached to them,
provided, that they do not at any time constitute a traffic safety or pedestrian
safety hazard
3 Off-premises directional signs may be authorized to be placed in the
public rights-of-way; provided, that placement in the public rights-of-way does not
constitute a traffic safety or pedestrian safety hazard and does not create
nonconformance to the Americans with Disabilities Act.
4 Off-premises directional signs may be authorized to be placed in on-site
landscape areas, or off-site on another private parcel of land that does not
contain the business or service being advertised, provided, that placement in on-
site landscape areas does not impede sight distance and that off-site placement
on another property has received prior property owner authorization
5 Off-premises directional signs shall not be located in one or more
existing parking spaces on a development site
6 Off-premises directional signs shall have a maximum sign face area of
12 inches by 24 inches and a total height of 42 inches inclusive of any wood,
metal, plastic or other support and a maximum of two sign faces.
K. Prohibited Signs. From and after the effective date of the ordinance
codified in this chapter, it shall be unlawful for any person to erect or place within
the city, except as otherwise authorized
1 A swinging projecting sign,
2. Portable signs, except as permitted by ACC 18 56 025 (Real estate
signs), 18 56 040(E) (C-2 district) and subsections (1)(1) through (10) of this
section,
3 Banners, pennants, ribbons, streamers, spinners, rotating or blinking
lights, strings of lights, or similar devices, except as permitted by subsection B of
this section (Temporary Signs),
4 Flashing signs, except as permitted in subsection D of this section (Sign
Lighting Provisions),
5 Changing message center signs, except as allowed in the I, P-1, C-1, C-
2, C-3, M-1 and M-2 zones,
6 Signs attached to, or placed on, a vehicle or trailer parked on private or
public property that is not associated with the business advertised on said
sign(s) This provision is not to be construed as prohibiting the identification of a
firm or its principal products on a vehicle used in the normal course of business
This does not include automobile for sale signs or signs attached to franchised
buses or taxis,
7 Private signs placed in or on a public right-of-way, except for as
expressly permitted by this chapter;
8 Any sign which constitutes a traffic hazard or detriment to traffic safety by
reason of its size, location, movement, coloring, or method of illumination, or by
obstructing the vision of drivers, or detracting from the visibility of any official
traffic control device by diverting or tending to divert the attention of drivers of
moving vehicles from traffic movement on streets, roads, intersections, or access
Ordinance No 6459
February 28, 2013
Page 14 of 24
ORD.A Page 83 of 247
facilities No sign shall be erected so that it obstructs the vision of pedestrians by
glare or method of illumination or constitutes a hazard to traffic. No sign may use
words, phrases, symbols or characters in such a manner as to interfere with,
mislead, or confuse traffic;
9 Any sign or advertising structure or supporting structure that is torn,
damaged, defaced or destroyed,
10 Signs attached to poles installed by governmental agencies, utility
poles, trees, rocks or other natural features,
11 Signs attached to benches, garbage cans, or other street furniture
located within the public right-of-way;
12 Rotating signs;
13 Billboards,
14 Any sign which does not structurally or materially conform to the
requirements of the city's adopted International Building Code
L. Nonconforming Signs. Permanent signs established legally prior to the
adoption of the ordinance codified in this chapter that do not conform to the
regulations of this chapter with regard to number, size, height or location shall be
allowed to remain as legal nonconforming signs except as follows
1 Whenever a new building replaces the principal building
2. When there is an expansion of an existing building, the requirements of
this section shall apply only if there is an increase in floor area of 25 percent or
more (including the cumulative increase of previous expansions after the
effective date of the ordinance amending this section)
3 Whenever a nonconforming use is replaced by a conforming use, the
requirements of this section shall apply in full to the new use if and only if there is
a change in required signage due to the zoning district.
4 Any sign, including the sign structure, now or hereafter existing which no
longer advertises a bona fide business conducted or a product sold Such sign(s)
shall be taken down and removed by the owner, agent or person having the
beneficial use of the land, building or structure upon which such sign may be
found within 90 days after written notification from the building official
M Master Sign Plans Authorized The planning, building and community
director has the authority to require a master sign plan to ensure a consistent and
coordinated signage scheme for development proposals In approving master
sign plans under the provisions of this subsection, the director has the authority
to approve signage schemes that allow for signs greater in area and height than
allowed in the particular zone in which the development is located when a
coordinated signage scheme is used Master signage plans shall be recorded
N Maintenance and Safety All permanent, temporary and portable signs
and components thereof must be maintained in good repair and in a safe, neat,
clean and attractive condition Failure to maintain a sign(s) in accordance with
this subsection shall be subject to the code compliance provisions of the Auburn
City Code. (Ord. 6406 § 1, 2012, Ord 6403 §§ 5, 6, 2012, Ord 6363 § 5, 2011,
Ord 6360 § 2, 2011, Ord 6353 § 6, 2011, Ord 6327 § 6, 2010, Ord 6287 § 2,
2010, Ord 6263 § 6, 2009, Ord 6166 § 2, 2008, Ord 5993 § 1, 2006, Ord 5342
2, 2000, Ord 4705 § 2, 1994, Ord 4229 § 2, 1987 )
18 56 040 Regulation by district.
Ordinance No 6459
February 28, 2013
Page 15 of 24
ORD.A Page 84 of 247
A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R-
MHP, LHRMHP Zoning Districts (Nonresidential Uses, Except as Noted)
1 Residential entry monument: a cumulative area of 50 square feet or 10
feet in height (highest point of sign structure) not to exceed two per entrance,
provided, that no sign exceeds 32 square feet in area.
2 Maximum sign area of all signs is 40 square feet per frontage
3 Freestanding Signs.
a. Total number permitted one per frontage not to exceed two total
freestanding signs per property
b Maximum height: 10 feet.
c. Maximum area 32 square feet per face, calculated at a rate of one
square foot of sign area for every three lineal feet of frontage The minimum
entitlement for freestanding signs shall be one 16-square-foot sign for those sites
with frontages less than 48 feet.
4 Wall Signs (for Building or Tenant Space)
a. Total number permitted one per frontage not to exceed two total wall
signs per building
b Maximum area. 32 square feet, calculated at a rate of one square foot of
sign area for every three lineal feet of frontage The minimum entitlement for wall
signs shall be one 16-square-foot sign for those sites with frontages less than 48
feet.
5 Signs may be indirectly illuminated only
B RO, RO-H, C-N, C-1, LHC1, BP Zoning Districts (Nonresidential Uses)
1 Maximum sign area of all signs is 150 square feet per frontage.
2 Freestanding Signs.
a. Total number permitted one per frontage not to exceed two total.
b Maximum height: 22 feet, 10 feet in the RO zone
c. Maximum area 100 square feet per face, 75 square feet per face in the
RO zone, calculated at a rate of one square foot of sign area for every two lineal
feet of frontage Minimum entitlement for freestanding signs shall be one sign at
32 square feet for those sites with less than 64 feet of frontage
d If permitted, the second freestanding sign shall not exceed 50 percent of
the area allowed for a single freestanding sign and 150 feet measured in a
straight-line distance must separate multiple pole signs.
3 Wall Signs (for Building or Tenant Space)
a. Total number permitted one per frontage
b Maximum area. 100 square feet, calculated at a rate of one square foot
of sign area for every 1 5 lineal feet of frontage For multitenant buildings where
freestanding signage contains the name of not more than one tenant business
e g , a prime tenant name or a shopping center name), an additional 25 percent
of wall signage per tenant space shall be allowed This increase in signage shall
not apply to minimum entitlement for wall signs, which shall be one sign at 16
square feet.
c. Signs may be directly or indirectly illuminated
4 Suspended Signs.
a. Total number permitted one per entrance
b Maximum area six square feet per face
c. Minimum clearance is eight feet from sign to grade
Ordinance No 6459
February 28, 2013
Page 16 of 24
ORD.A Page 85 of 247
5 Projecting Signs.
a. Not permitted in C-N, RO or RO-H
b Total number permitted one in lieu of a permitted freestanding sign
c. Maximum height: height requirement of the zoning district.
d Maximum area. 50 percent of the area allowed for single freestanding
signs.
C P-1, LHP1, I, LHI Zones
1 Freestanding Signs.
a. Total number permitted one per frontage not to exceed two total.
b Maximum height: 18 feet.
c. Maximum area. 80 square feet per face, calculated at a rate of one
square foot of sign area for every two lineal feet of frontage The minimum
entitlement for freestanding signs is one sign at 32 square feet.
d If permitted, the second freestanding sign shall not exceed 50 percent of
the area allowed for a single freestanding sign and 150 feet measured in a
straight-line distance must separate multiple pole signs.
e For projects, parcels or complexes that have a single street frontage and
more than 300 feet of street frontage, a changing message center sign may be
permitted for a total of two signs per frontage subject to the following
i Only one changing message center is provided
ii Multiple signs are separated by at least 150 feet.
iii The combined area of the two signs does not exceed 120 square feet in
size and neither sign is greater than 80 square feet in size
2 Wall Signs (for Building or Tenant Space)
a. Total number permitted two per street frontage.
b Maximum area. 50 square feet for total of all wall signs per frontage
c. Signs may be directly or indirectly illuminated
D LF, M-1, M-2 Zoning Districts.
1 Maximum sign area of all signs is 150 square feet/frontage
2 Freestanding Signs.
a. Total number permitted two per frontage not to exceed four total
b Maximum height: 30 feet.
c. Maximum area. 125 square feet per face, calculated at a rate of one
square foot of sign area for every two lineal feet of frontage Minimum entitlement
for freestanding signs is 32 square feet for those sites without 64 feet of frontage
d The total area of freestanding signs on any given frontage shall not
exceed the area allowed for a single freestanding sign
e The maximum height of signs located on a second or third frontage shall
be 20 feet.
f Multiple freestanding signs must be separated by 150 feet measured in a
straight-line distance
3 Wall Signs (for Building or Tenant Space)
a. Total number permitted one per frontage
b Maximum area. 100 square feet, calculated at a rate of one square foot
of sign area for every 1 5 lineal feet of frontage
4 Projecting Signs.
a Total number permitted one in lieu of a permitted freestanding sign
b Maximum height: height requirement of the zoning district.
Ordinance No 6459
February 28, 2013
Page 17 of 24
ORD.A Page 86 of 247
c. Maximum area. 50 percent of the area allowed for single freestanding
sign
E C-2 Zoning District.
1 Maximum sign area of all signs is 200 square feet.
2. Hanging signs that are designed to display the availability of a specific
product in a business, limited to three square feet and no more than two such
signs per business, shall be considered permanent signs, but shall not be
calculated as part of the maximum allowed signage
3 Freestanding Signs.
a. Freestanding signs are not allowed on properties abutting or oriented
toward Main Street.
b Total number permitted one per frontage not to exceed two total.
c. Maximum height: 20 feet.
d Maximum area. 75 square feet per face, calculated at a rate of one
square foot of sign area for each lineal foot of frontage Minimum entitlement for
freestanding signs shall be one sign at 32 square feet.
4 Wall Signs.
a Total number permitted one per frontage
b Maximum area. 150 square feet, calculated at a rate of one square foot
of sign area for every one lineal foot of frontage For multitenant buildings where
freestanding signage contains the name of not more than one tenant business
e g , a prime tenant name or a shopping center name), an additional 25 percent
of wall signage per tenant space shall be allowed This increase in signage shall
not apply to minimum entitlement for wall signs, which shall be one sign at 16
square feet.
5 Suspended Signs. One double-faced suspended sign, not exceeding
three square feet per face, may be allowed for each business entrance There
shall be a minimum of eight feet of clearance between the grade and the sign
6 Portable Signs. One portable sign may be allowed for each business
entrance, not to exceed one portable sign per building frontage, subject to the
following
a. May be placed within public right-of-way subject to the guidelines
provided by the planning and development director in consultation with the city
engineer such that sign does not interfere with pedestrian or vehicular traffic and
conforms to the requirements of the Americans with Disabilities Act.
b May not exceed 36 inches in height and 30 inches in width and be limited
to two faces
c. May be displayed during business hours only
d Must be constructed of either wood or another sturdy material to ensure
stability in the wind
e May not move, spin, flash, or otherwise be animated
f Shall meet applicable supplemental design requirements of the Auburn
downtown association
7 Supplemental Sign Standards, C-2 Zone
a. Sign Design and Construction
i All signs, other than temporary signs, shall be made of professional,
durable materials such as wood, metal, and/or glass.
Ordinance No 6459
February 28, 2013
Page 18 of 24
ORD.A Page 87 of 247
ii Signs that are indirectly illuminated shall have their light sources shielded
from view
iii Internally illuminated signs are not permitted abutting or oriented toward
Main Street.
b Sign Placement.
i Signs shall be oriented toward pedestrian visibility and shall be positioned
at such a height as to be readable by pedestrians.
ii Externally mounted wall signs shall not be mounted so as to block
building windows.
F C-3 Zoning District.
1 Freestanding Signs.
a Total number permitted two per frontage not to exceed four total
b Maximum height: 30 feet.
c. Maximum area. 200 square feet, calculated at a rate of one square foot
of sign area for every two lineal feet of frontage, provided, that the maximum size
of any sign does not exceed 125 square foot per face The minimum entitlement
for freestanding signs is 32 square feet for those sites without 64 feet of frontage
d The total area of freestanding signs on any given frontage shall not
exceed the area allowed for a single freestanding sign
e The maximum height of signs located on a second or third frontage shall
be 20 feet.
2. Wall Signs(for Building or Tenant Space)
a Maximum area. 125 square feet, calculated at a rate of one square foot
of sign area for every 1 5 lineal feet of frontage
3 Projecting Signs.
a. Total number permitted one in lieu of a permitted freestanding sign
b Maximum height: height requirement of the zoning district.
c. Maximum area. 50 percent of the area allowed for single freestanding
sign
4 Suspended Signs.
a Total number permitted one
b Maximum placement height: 25 feet.
c. Maximum area. six square feet per face.
d Minimum clearance is eight feet from sign to grade
5 Off-Premises Signs.
a Total number permitted one per business and one per parcel
b Location off-premises sign must be located in a zone that permits off-
premises signs.
c. Maximum height: 20 feet.
d Maximum area. 50 percent of the area allowed for single freestanding
sign, calculated using the feet of frontage of the site where the sign is located
e Must be within 750 feet of the business being advertised
f Must be separated from any existing pole sign a minimum distance of 150
feet measured in a straight-line distance.
g Sign can be no more than two faces.
h Signs may be directly or indirectly illuminated
G EP Zoning District.
1 Maximum sign area of all signs is 150 square feet per street frontage
Ordinance No 6459
February 28, 2013
Page 19 of 24
ORD.A Page 88 of 247
2 Freestanding Signs.
a Freestanding signs shall be limited to ground signs.
b Total number permitted one per frontage not to exceed two total.
c. Maximum height: 10 feet.
d Maximum area 100 square feet per face, calculated at a rate of one
square foot of sign area for every two lineal feet of frontage Minimum entitlement
for freestanding signs is 32 square feet for those sites with less than 64 feet of
frontage
e Multiple freestanding signs must be separated by 150 feet measured in a
straight-line distance.
f Minimum Yard Setbacks.
i Directly illuminated signs. 10 feet;
ii. Indirectly illuminated signs: five feet.
3 Wall Signs (for Building or Tenant Space)
a Total number permitted one per frontage.
b Maximum area. 100 square feet, calculated at a rate of one square foot
of sign area for every 1 5 lineal feet of frontage For multitenant buildings where
freestanding signage contains the name of not more than one tenant business
e g , a prime tenant name), an additional 25 percent of wall signage per tenant
space shall be allowed This increase in signage shall not apply to minimum
entitlement for wall signs, which shall be one sign at 16 square feet. (Ord 6406
1, 2012, Ord 6360 § 2, 2011, Ord 6287 § 2, 2010, Ord 6036 § 4, 2006, Ord
5993 § 1, 2006, Ord 4229 § 2, 1987 )
18 56 050 Administrative provisions
A. Permits Required Except as provided in subsection B of this section, no
signs shall hereafter be erected, re-erected, constructed, altered, or maintained
except as provided by this chapter and, when required, a building permit for the
same has been issued by the building official. A separate permit shall be required
for a sign or signs for each business entity and/or a separate permit shall be
required for each group of signs on a single supporting structure
1 Application for Permits. Application for sign permits shall be made to the
building official on a form as provided by the building division Such application
shall require
a Name of business and address where work is to be performed
b Name and address of property owner
c. Name and title of the person completing the application
d Name and address, telephone number of the person or firm doing the
work and preferably the owner of said establishment.
e Washington contractor's registration number, industrial use permit
number, sales tax number
f A site plan showing location of the sign in relation to buildings, property
lines and street right-of-way including the size and location of all existing signs on
the property
g A scale drawing of the proposed sign or sign revision showing size,
height, copy, structural and footing details, and material specifications.
h A description of work to be performed and type of sign
Ordinance No 6459
February 28, 2013
Page 20 of 24
ORD.A Page 89 of 247
i Electrical load with name of electrical contractor responsible for
installation of service feed wires if other than sign contractor
j Structural engineer's stamp required on those signs and sign structures
subject to wind and seismic forces.
2 Revocation of Permit. The building official may, in writing, suspend or
revoke a permit issued under the provisions of this chapter whenever the permit
is issued in error or on the basis of incorrect information supplied, or in violation
of any ordinance or regulation or any of the provisions of this chapter
3 Permit Fee Schedule The fees prescribed in the city's fee schedule must
be paid to the city for each sign installation for which a permit is required by this
chapter and must be paid before any such permit is issued by the building
official Fees for building permits for each sign erected, installed, affixed,
structurally altered, relocated, or created by painting shall be set in accordance
with the city's fee schedule
4 Sign permits shall be processed in accordance with the relevant
timelines and procedures identified in ACC Title 14, Project Review
B Interpretation In all applications for permits where a matter of
interpretation arises, the most restrictive definition shall prevail (Ord 6406 § 1,
2012, Ord 6360 § 2, 2011, Ord 5993 § 1, 2006, Ord 4705 § 2, 1994, Ord 4229
2, 1987 )
18 56 060 Deviations, variances and appeals.
A. The planning and development director may grant up to a 50 percent
deviation to the provisions of this sign code related to sign height and sign area
In a petition for a deviation, the planning and development director shall have the
power and duty to review, decide, grant, grant with conditions or deny the
requested deviation The planning and development director may grant a
deviation from the provisions of this chapter only when the deviation is within 50
percent of the entitlement and all of the following findings of fact are met:
1 The literal interpretation and strict application of the provisions and
requirements would cause undue and unnecessary hardship because of unique
or unusual conditions pertaining to the specific building, parcel or property in
question, and
2 The granting of the requested deviation would not be materially
detrimental to the public welfare or injurious to the property or property owners in
the vicinity; and
3 The granting of the deviation would not be contrary to the general
objective and intent of this chapter, this title, or the comprehensive plan
B An applicant requesting an administrative deviation under the provisions
of this chapter shall submit the following, along with the required filing fee
1 A letter in memorandum format outlining how the request is consistent
with the criteria of this subsection
2. A site plan that is accurately drawn to an engineered scale of one inch
equals 40 feet, one inch equals 20 feet, one inch equals 10 feet that includes the
following information
a. Boundaries and dimensions of the site,
b Location of buildings, parking areas and adjacent streets,
Ordinance No. 6459
February 28, 2013
Page 21 of 24
ORD.A Page 90 of 247
c. Graphic representations of all existing signs including their size, height
and placement on the site,
d Graphic representation of the proposed sign(s) subject to the request,
e Building elevation showing the placement of the sign on that elevation, if
applicable
C The action of the planning and development director rejecting, approving
or modifying any decision or application is a final administrative decision subject
to appeal to the city's hearing examiner Appeals of administrative decisions with
regard to this chapter shall be processed consistent with ACC 18 70 050
D The planning and development director shall render a written decision
on the requested deviation request within seven business days of submittal of all
required elements and filing fee
E. Requests that exceed the 50 percent deviation or those not related to
allowable sign height or sign area shall be processed as a variance in
accordance with ACC 18 70 010
F The planning and development director may allow for the repair or
replacement of nonconforming signs that have a significant historical or cultural
element or are integral components of a building roof or facade that has a
significant historical or cultural element to which the sign is a contributing
component. (Ord 6406 § 1, 2012, Ord 6360 § 2, 2011, Ord 6287 § 2, 2010;
Ord 5993 § 1, 2006, Ord 4229 § 2, 1987 )
18 56 070 Liability
This chapter shall not be constituted to relieve from or lessen the
responsibility of any person owning, building, altering, constructing, removing or
moving any sign in the city for damages to anyone injured or damaged either in
person or property by any defect therein, nor shall the city, or any agent thereof,
be held as assuming such liability by reason of permit or inspection authorized
herein or a certificate of inspection issued by the city or any of its agents. (Ord.
6406 § 1, 2012, Ord 6360 § 2, 2011, Ord 5993 § 1, 2006, Ord 4229 § 2, 1987
Formerly 18 56 110 )
18 56 080 Conflicts repealed
All sections or parts of sections of the municipal code, all ordinances and
all resolutions or parts of resolutions, in conflict herewith, be and the same, are
repealed to the extent of such conflict. (Ord 6406 § 1, 2012, Ord 6360 § 2,
2011, Ord. 5993 § 1, 2006, Ord 4229 § 2, 1987 Formerly 18 56 120 )
1
Code reviser's note Section 2 of Ord 6406 provides "REVERSION OF PRIOR SIGN
CODE. That effective on April 22, 2013, Chapter 18 56 of the Auburn City Code, shall
revert to the language of the City of Auburn Sign Code as adopted in Ordinance No
5993 on February 6, 2006, as amended by Ordinance No 6403, adopted on February
21, 2012, or as otherwise provided by City Ordinance."
Section 2. REVERSION OF PRIOR SIGN CODE That effective on
April 22, 2014, Chapter 18 56 of the Auburn City Code, shall revert to the
Ordinance No 6459
February 28, 2013
Page 22 of 24
ORD.A Page 91 of 247
language of the City of Auburn Sign Code as adopted in Ordinance No 5993 on
February 6, 2006, as amended by Ordinance No 6403, adopted on February 21,
2012, or as otherwise provided by City Ordinance
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation
Section 4. Severability. The provisions of this ordinance are
declared to be separate and severable The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances
Section 5. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law, and as provided herein
INTRODUCED-
PASSED
APPROVED
CITY OF AUBURN
PETER B LEWIS, MAYOR
ATTEST
Ordinance No 6459
February 28, 2013
Page 23 of 24
ORD.A Page 92 of 247
Danielle E Daskam, City Clerk
APPROVED AS TO FORM
p-," I-
Daniel B Hei torne
Published
Ordinance No. 6459
February 28, 2013
Page 24 of 24
ORD.A Page 93 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4908
Date:
March 12, 2013
Department:
Public Works
Attachments:
Res 4908
2012 Annual Report
2013 Auburn Stormwater Management
Plan - Final Draft
Budget Impact:
$0
Administrative Recommendation:
Council adopt Resolution No. 4908.
Background Summary:
The City of Auburn was issued a municipal stormwater permit by the Washington State
Department of Ecology in compliance with the provisions of the State of Washington
Water Pollution Control Law and the Federal Water Pollution Control Act (The Clean
Water Act).
Requirements of the Permit include the development and annual update of a Stormwater
Management Program (SWMP) which details the actions and activities to be
implemented by the City in order to reduce the discharge of pollutants.
The SWMP is to include measures related to Public Education and Outreach, Public
Involvement and Participation, Illicit Discharge Detection and Elimination, Controlling
Runoff from New Development, Redevelopment and Construction Sites, and Pollution
Prevention and Operation and Maintenance for Municipal Operations. The Permit lists
specific actions and methods that the City must implement through the SWMP.
The City of Auburn is accepting comments on the draft 2013 Stormwater Management
Program. Written comments must be received by close of business on March 18, 2013.
There will be a public hearing at the March 18th City Council meeting where comments
will also be accepted.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:March 18, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 94 of 247
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 95 of 247
RESOLUTION NO. 4 9 0 8
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
Resolution No 4908
February 7, 2013
Page 1 of 2
RES.A Page 96 of 247
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 12013
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam,
City Clerk
APP IED O
D I Hei
C y Attorney
Resolution No 4908
February 7, 2013
Page 2 of 2
RES.A Page 97 of 247
I. Permittee Information
Permittee Name Permittee Coverage Number
City of Auburn WAR04-5502
Contact Name Phone Number
Chris Thorn 253 804 5065
Mailing Address
25 West Main
City State Zip+4
Auburn IWA 98001-4998
Email Adddress
cthorn@auburnwa.gov
ll. Regulated Small MS4 Location
Entity Type:Check the box that applies
Jurisdiction Count City/Town Other
City of Auburn X
Major Receiving Water(s)
White River,Green River, Mill Creek
i
III. Relying on another Governmental Entity
If you are relying on another governmental entity to satisfy one or more of the
permit obligations, list the entity and briefly describe the permit obligation(s)they
are implementing on your behalf below. Attach a copy ofyour agreement with the
other entity to provide additional detail.
Name of Entity: Permit Obligation(s):
RES.A Page 98 of 247
IV. Certification
All annual reports must be signed and certified by the responsible official(s) of permittee or co-
permittees. Please print and sign this page of the reporting form and mail it(with an original
signature)to Ecology at the address noted below An electronic signature will not suffice.
I certify under penalty of law,that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or
those persons directly responsible for gathering information, the information submitted is,to the best of my
knowledge and belief,true, accurate,and complete. I am aware that there are significant penalties for submitting
false information,including the possibility of fine and imprisonment for willful violations.
i
Name Title Date
i
Name Title Date
1
Name Title Date
Name Title Date
Name Title Date
RES.A Page 99 of 247
VI. Status Report Covering Calendar Yr: 2012 Jurisdiction Name: City of Auburn
PLEASE indicate reporting year and your jurisdiction in Line 1, above
PLEASE refer to the INSTRUCTIONS tab for assistance filling out this table
NOTE: For clarification on how to answer questions, place cursor over cells with red flags.
NOTE. Please answer all questions
PLEASE review your work for completeness and accuracy Save this worksheet as you go!
Question Y/NI # Comments:(SO.word limit) Name of.Attachment&
NA page#,.if applicable
1. Attached annual written update of Permittee's Y
Stormwater Management Program(SWMP),
including applicable requirements under
S5.A.2 and S
2. Attached a copy of any annexations,NA
incorporations or boundary changes resulting
in an increase or decrease in the Permittee's
geographic area of permit coverage during the
reporting period,and implications for the
3. Implemented an ongoing program for Y
gathering,tracking,maintaining,and using
information to evaluate SWMP development,
implementation and permit compliance and to
Isetnriorities? (S5-A.3)
4. Tracked costs or estimated costs of the Y
development and implementation of the
SWMP? SS.A.3.a
5. SWMP includes an education prow Yaimed M
at residents businesses industries elected
officials,policy makers,planning staff and ifiu
other employees of the Permittee? (S5.C.1)
Page 1 of 12
RES.A Page 100 of 247
Question Y/N/ # Comments (50 word limit) Name of Attachment&
NA Page#, if applicable
6 Number of public education and outreach City of Aubum 2012 PublicG`fariY.fit
activities implemented: r"`' ` `Education and Involvement
t Summary
7. Provided opportunities for the public to Y
participate in the decision making processes
involving the development,implementation
and updates of the Permittee's SWMP?
S5.C.2.a)
8. Implemented a process for public involvement Y
and consideration of public comments on the
SWMP?(S5.C.2.a)
9. Made the most current version of the SWMP Y
available to the public. S5.C.2.b
10. Posted the SWMP and latest annual report on Y
Permittee's website. S5.C.2.b
11. NOTE website address in Attachment field: http://www.aubumwa.gov/servic
es/utilities/storm_drainage/storrn
water permit.htrn
12. Maintained a map of your MS4,including Y
X'
npr-,<g
requirements listed in S5.C.3.a.i-iii?
13. Map has been made available upon request?Y %pf
r i'g"'y,`,SS.C.3.adv A:
14. Implemented an ordinance or other regulatory Y
mechanism to effectively prohibit non-
stormwater,illicit discharges into the
Permittee's MS4? (S5.C.3 b)
15. Implemented an ongoing program to detect and Y
t{r{k wi..i1F"sfiN raddressnon-stormwater illicit discharges, ,
including spills, and illicit connections into the
Permittee's MS4? 4
Page 2 of 12
RES.A Page 101 of 247
Question Y/NI # Comments>(50 word limit). Name.of Attachment&
NA t Page.#, if applicable
r>> r rF16. Implemented field assessment activities, Y
including visual inspection of priority outfallsi
identified during dry weather,and for the
purposes of verifying outfall locations,
identifying previously unknown outfalls,and y
detecting illicit discharges. (S5.C.3.c.ii) tFk '
i1sl .M
17. Conducted field assessments on at least one Y
T
high priority water body?(S5.C.3.c.ii)MINION
18. Implemented procedures for characterizing the Y 3 '
nature of, and potential public or ii
environmental threat posed by any illicit i
discharges found by or reported to the
Permittee? (S5.C.3.c.iii)
19. Implemented procedures for tracing the source Y - - a
of an illicit discharge;including visual 1inspections,and when necessary,opening 1111- .
M,';;ri`r
manholes,using mobile cameras,collecting
and analyzing water samples,and/or other
detailed inspection procedures? (S5.C.3.c.iv)
20. Implemented procedures for removing the Y
source of the discharge, including notification x5 ,-
a '5 zw'of appropriate authorities; notification of the
property owner;technical assistance for x xn;
eliminating the discharge; follow-up 1, 4
inspections; and escalating enforcement q y; o ement and H; ;Q
legal actions if the discharge is not eliminated?
t
h "UN
S5.C.3.c.v.)
Al
Page 3 of 12
RES.A Page 102 of 247
Question YIN/ # Comments (50 word limit) Name of Attachment&
NA Page#,:if-applicable
21. Provided updated information to public Y
employees,businesses,and the general public
of hazards associated with illegal discharges
and improper disposal of waste? (S5 C.3.d)
22. Distributed appropriate information to target Y
audiences identified pursuant to S5 C.1?
S5.C.3.d.i)
23. Publicized and maintained a hotline or other Yu£ "
local telephone number for public reporting of
spills and other illicit discharges? F '>x ME, ,,:
S5.C.3.d.ii)
24. Number of hotline calls received: Fh 31
3`.25. Number of follow-up actions taken in response '3^1
to calls:
26. NOTE hotline number in Comments field 253) 931-3048
27. Number of illicit discharges identified 36 Includes spills to MS4
gi'
SS.C.3.e
28. Number of inspections made for illicit 27 Dry weather outfall plus 3 inspections
connections S5.C.3.e
29 Municipal field staff responsible for Y
identification,investigation,termination,
cleanup,and reporting of illicit discharges,
improper disposal and illicit connections are
trained to conduct these activities? (S5.C.3.f.i)
Page 4 of 12
RES.A Page 103 of 247
Question YIN/ # Comments (50 word limit) Name of Attachment&
NA ' Page#, if applicable
30. Implemented an ongoing training program on Y
the identification of an illicit
discharge/connection,and on the proper
procedures for reporting and responding to the
illicit discharge/connection for all municipal
ej qty::'22fieldfieldstaff,which as part of their normal job J°
responsibilities,might come into contact with
or otherwise observe an illicit discharge or
illicit connection to the storm sewer system? yy'Y,yY ;z
S5.C.3.fii.)
31 Applied stormwater runoff program to private Y
and public development, including roads?
S5.0 4) z t>
32. Applied the Technical Thresholds in Appendix Y
1 to all sites I acre or greater,including
projects less than one acre that are part of a
larger common plan of the development or
sale? (S5.C.4)
33 Implemented a regulatory mechanism(such as Y :^`
an ordinance)necessary to address run-off
from new development,redevelopment and
construction site activities? (S5 C-4-a)
34 Retained existing local requirements to apply Y
stormwater controls at smaller sites or at lower
thresholds than required pursuant to S5 C 4?
SS.A.4
35 Number of exceptions to the minimum j 'k'" 0
requirements in Appendix I granted(S5 C.4.a.n
and Appendix 1)?
Page 5 of 12
RES.A Page 104 of 247
Question YIN/ # Comments (50 word limit) Name of.Attachment.&
NA Page#, if applicable
36. Number of variances to the minimum 5
requirements in Appendix 1 allowed
S5.C.4.a.i and Aimendix 1
37. Implemented a permitting process to address Y
runoff from new development,redevelopment
and construction site activities with plan
review,inspection,and enforcement j <
capability? (S5 CA b)
0!,' y
E a-:
rt:7
A.k'ii.'f")/ga.38. Reviewed Stormwater Site Plans for new Y
Ki 7•;tit r,.>+':k.•..;:development and redevelopment projects that
disturb a land area 1 acre or greater,including
projects less than one acre that are part ofaLr
x :
larger common plan of development or sale? j{st; p
SS.C.4.b.i
3 ."`
51739. Number of site plans reviewed during the
re ortina enod. y ''
40. Inspected,prior to clearing and construction, Y ry°- •
all known development sites that have a highu
5 %Xpotentialforsedimenttransportasdetermined M,..m
through plan review based on definitions and
requirements in Appendix 7 Determining
Construction Site Sediment Potential?
X
41. Number of qualifying sites inspected prior to j; ;', 7
clearing and construction during the reporting % n z,
enod. x ;.
42. Inspected construction-phase stormwater Y
controls at all known permitted development
sites during construction to verify proper
installation and maintenance of required
erosion and sediment controls? (S5.C.4.b.ui
and v)
Page 6 of 12
RES.A Page 105 of 247
YINI # Comments 50 word limit Name of Attachment&:Question:
NA Page.#, if applicable
43. Number of sites inspected during the vz 156
construction phase for the reporting period. °a a; 1il
44 Based on inspections at new development and Y
1F iy"Gia;snr`ff j{
redevelopment construction projects enforced
requirements related to the proper installation
and maintenance of erosion and sediment st s} t
controls? (S5 C.4.b.iii and vi)
45. Number of enforcement actions taken during - 1
the reporting period:
46. Inspected qualifying permitted development Y
sites upon completion of construction and prior
to final approval or occupancy to ensure properFlWk ;=°
installation of permanent stormwater controls
such as stormwater facilities and structural
BNTs? (S5.C.4 b.iv and v)
4;g ag
47 Number of qualifying sites known during the 198
re ortin eriod.
48. Number of qualifying sites inspected during #F° ' 198
the re ortinQ eriod: FJ
49. Verified a maintenance plan is completed and Y
responsibility for maintenance is assigned for
qualifying permitted development sites
S5.C.4 b.iv)
50. Enforced regulations to ensure proper Yt Ar=F4
f .,UZ
installation of permanent stormwater controls?
51. Number of enforcement actions taken during 10
the reporting period:
Page 7 of 12
RES.A Page 106 of 247
Question YIN/ # Comments (50 word limit) Name of Attachment&
NA Page#, if applicable
52. Implemented Ydalong-term operation and
maintenance rO&M)program for post-
construction stormwater facilities permitted
and constructed pursuant to S5.C.4.a.and b.? x?=
jP..t+Ye,r D+;
53 Annually inspected all post-c onstruction Y
stormwater controls,including structural
BMPs, at new development and redevelopment w '
projects permitted according to S5.C.4.b. z
unless maintenance records justify a different t j,
frequency)? (S5.0 4.c-iii)
54. If using reduced inspection frequency, NAT`'
Attached documentation as per S5.C.4.c.iii?
55 Performed timely maintenance of post- Y }>;tx3Hy xtv<
construction stormwater facilities and BMPs as
er S5.C.4.c.ii?
56. Attached documentation f anoy maintenance NA
rr,x;t4TM:dela s. SS.C.4.c.ii
57 Inspected all new stormwater treatment and Y
flow control facilities owned or operated,p
including catch basins,for new residential3''
developments that are a part of a larger
common plan of development or sale,every 6 x
months during the period of heaviest house
construction i.e. 1 to 2 years following~k
subdivision approval)to identify maintenance
needs and enforce compliance withu
sr
maintenance standards as needed? t
S5 C.4.c.iv)
58. Number of facilities inspected during the x 4
reporting period.
Page 8 of 12
RES.A Page 107 of 247
Question YIN/ # Comments (00 word limit) Name of Attachment&
NA Page#, if applicable
59. implemented a procedure for keeping records rY
of inspections and enforcement actions by
staff, including inspection reports,warning ri A
letters notices of violations other enforcement
records,maintenance inspections and
maintenance activities?(S5 C 4.d)
60. Provided copies of the Notice of Intent for Y
Construction Activity and Notice of Intent
for Industrial Activity to representatives of
proposed new development and
redevelopment? (S5.C.4.e)
61. All staff responsible for implementing the N Training is still needed in the Planning and
program to control stormwater runoff from Development Department.
r rk:
new development,redevelopment, and
construction sites,including permitting,plan s
review, construction site inspections,and ra
fenforcementweretrainedtoconductthese
rt
activities? (S5 CAJ) 3s
62. Performed timely maintenance as per N
MONS5.C.5.a.ii? x{' 1:
63. Attached documentation of any maintenance Y G20 Notification Letter
dela s. SS.C.5.a.ii n '{
64. Implemented a program designed to annually Y }4F
inspect and maintained all stormwater
treatment and flow control facilities (other than
catch basins)?(S5.C.5.b)
a;4:k.ItM I`y lt
65 Nu227mberofknownfacilities: x, ,t,,Fy
66. Number of facilities inspected during the u 227
re ortin eriod:
Page 9 of 12
RES.A Page 108 of 247
Question Y1N1 # Comments:(50 word limit) Name of:Attachment.&.
NA Page*j if applicable
67. If using reduced inspection frequency, NA fF
Attached documentation as per S5.C.5.a.ii?
rF.
S5 C.5.b) k {
68. Conducted spot checks of stormwater facilities Y "''"r¢: >
after major storms? S5-C.5-c
69. Number of known facilities: wYj`="' 227
10 critical sites are routine)70. Number of facilities inspected during the r ) 10 y i nspected after
reporting period: major storms.
71. Inspected 20%of municipally owned or Y
operated catch basins at least once before the
end of the Permit term? (S5.C.5.d and Permit
Reference Table)x
72. Number of known catch basins: 110,621
73. Number of inspections:4,362
74. Number of catch basins cleaned. 571
75 Implemented practices to reduce stormwater Y zr_ p Yj
impacts associated with runoff from streets
parking lots,roads or highways owned or t
maintained by the Permittee, and road
maintenance activities conducted by the T;,r
Permittee? (S5.C.5.f)
76. Implemented policies and procedures to reduce Y '
pollutants in discharges from all lands owned y;$. s; :'r}'
or maintained by the Permittee and subject to
this Permi t,inc wludma
b but not)united to-parks,
open space,road right-of-way,
1
maintenance
AIMtwx3rT~(4,yards,and stormwater treatment and flow
control facilities? (S5.C.5.g) its fi`,--• z
Page 10 of 12
RES.A Page 109 of 247
Question YIN/ # Comments (60:word limit) Name of Attachment&
NA Page#, if applicable
Y sa >
77 Implemented an operations and maintenance 4
O&M)trainingQ P roaram that has the ultimate s"'n `' it
r 4
Yb
g oal of preventing or reducin g Pollutant runoff
from municipal operations?(S5.C.5.h.) n ' ! `
78 Implemented a Stormwater Pollution Y
Prevention Plan(SWPPP) for all heavy
equipment maintenance or storage yards, and
material storage facilities owned or operated
by the Permittee in areas subject to this Permit z -°y
that are not required to have coverage undertJ. <? s;a r;
the Industrial Stormwater General Permit?
S5.C.5.i)
79. Complied with the specific requirements NA
associated with approved TMDLs identified in
Appendix 2?(S7.A and Permit Reference
Table
80. Attached status report of TMDL NA
implementation? (STA and Permit Reference
Table
81. Where monitoring was required in Appendix 2, NA
did you conduct the monitoring according to an
approved Quality Assurance Project Plan?
S7.A and Permit Reference Table)
82. Notified Ecology immediately in cases where Y
the Permittee becomes aware of a discharge
from the Permittees MS4 which may cause or
contribute to an imminent threat to human
health or the environment? (G3)
Page 11 of 12
RES.A Page 110 of 247
1
Question YIN/ # Comments (50 word aimit) Name lof Attachment&
NA Page#, if..applicable
83. Took appropriate action to correct or minimize Y
discharges into or from the MS4 which could
constitute a threat to human health,welfare,or
the environment? (G3)
84. Attached a summary of the status of NA
implementation of any actions taken pursuant
to S4.F and the status of any montioring,
assessment, or evaluation efforts conducted
during the reporting period? (S4.F.3.d)
85. Notified Ecology of the failure to comply with Y
any permit term or condition within 30 days of
becoming aware of the non-compliance? (G20)
Page 12 of 12
RES.A Page 111 of 247
VII. Information Collection, BMP Evaluation, and Monitoring
Complete Part A for all annual reports
NOTE: Please note in Row 1 of the table if you have no information to report.
NOTE- Please limit your entries to 255 characters per cell You may include additional information in your
Supplemental Documentation attachment and reference it below with the page number.
A. Information Collection
Briefly describe any stormwater monitoring, studies, or
type of information collected and analyzed during the Who/how to contact for additional
reporting period. (S8.B.1) information?
Wet weather fecal coliform monitoring was performed in four storm Melanie May, Storm Drainage Technician,253-876-
drainage conveyance system segments which discharge to the White River 1915
1 tributary that runs through Roe ner Park.
Turbidity testing was performed at a discharge to Mill Creek and a Jamie Kelly, Environmental Planner, 253-8045092
discharge to a tributary to Soos Creek to confirm that turbidity levels were
2. within acceptable ranges.
5tormwater water levels were measured in three stormwater ponds. Chris Thorn,Water Quality Programs Coordinator,253-
3. 8045065
4
5.
6
Page 1 of 1
RES.A Page 112 of 247
VII. Information Collection, BMP Evaluation, and Monitoring
Complete Part B for all annual reports.
B. SWMP Evaluation (S8.B &S9)
You are required to assess the appropriateness of the BMPs you have selected to implement your SWMP. This
evaluation is necessary to evaluate whether the MEP standard set by the permit is protective of water quality in your
receiving water bodies. This assessment may be entirely qualitative. Answer NA if you are not yet implementing
BMPs for a component of the SWMP. (S8 B 2 and S9)
Question YININA Comments (50 word limit)
Are the BMPs selected and implemented for Public Outreach Y
1 appropriate to minimize pollutants in the MS4 to the MEP?
Are the BMPs selected and implemented for Public
Involvement appropriate to minimise pollutants in the MS4 to Y
2. the MEP?
Are the BMPs selected and implemented for Illicit Discharge
Detection and Elimination appropriate to m,nimi e pollutants Y
3 in the MS4 to the MEP?
Are the BMPs selected and implemented for Construction
Stormwater Pollution Prevention appropriate to minimise Y
4 pollutants in the MS4 to the MEP?
Are the BMPs selected and implemented for Post-
Construction Runoff Management appropnate to m,nim;ze Y
5. pollutants in the MS4 to the MEP?
Are the BMPs selected and implemented for Good
Housekeeping for Municipal Operations appropriate to Y
6. minimize pollutants in the MS4 to the MEP?
Page 1 of 1
RES.A Page 113 of 247
VII. Information Collection, BMP Evaluation, and Monitoring
Complete Part C for all annual reports.
C. Changes in BMPs or objectives (S8.6)
If any of the BMPs or objectives is being changed, list the old BMP and objective, the new BMP and objective, and a justification for the
change below. (S8.B.2., and S9)
NOTE: You may choose to attach additional documentation justifying Changes in BMPs or objectives Note such attachments in the
Justification for change field
Old BMP Old Objective New BMP New Objective Justification for Change
1
2
3
4
5
6
7
Page 1 of 1
RES.A Page 114 of 247
RES.A Page 115 of 247
City of Auburn 2012 Public Education and Involvement Summary
Public Education Activity Target Audience Comments
City Storm Drainage Web Site General Public City website provides general information on the
City's storm drainage program,links to the City's
SWMP and annual reports and lists the Spill
Reporting phone number The City website included
headlines declaring May as Puget Sound Starts
Here month and included local events that citizens
could participate in.
Stormwater Outreach for General public Auburn participated in this regional public education
Regional Municipalities program. PSSH branded information and items
STORM were distributed.
Puget Sound Starts Here General Public The City is using one of the static display units
static display in customer purchased by the South King Stormwater Outreach
service area of the Group to display PSSH information.
City Hall Annex
Solid Waste&Recycling Homeowners Provided information on disposal options for
Newsletter household hazardous waste and on keeping
hazardous waste out of stormwater Announced
Auburn's cooking oil recycling station.
ECOSS Spill Kit Program Property management 13 spill kits and information were provided to 2
companies companies that manage multiple properties where
56 businesses are located.
Water Festival Fourth and fifth grade students 224 Auburn students attended Water Festival where
they learned about stormwater,pollution prevention,
wetlands,salmon,drinking water and sanitary sewer
issues through hands on activities and
presentations.
Natural Yard Care Workshops Homeowners The three workshops were attended by between 50
and 80 people per session (80 unique households)
from the Lakeland Hills area of Auburn. Attendees
learned that they could have beautiful,healthy yards
while reducing their dependence on pesticides and
fertilizer
Kid's Day School children and their One day fair where approximately 1,000 children
parents visited the Auburn Utilities booth and learned about
stormwater pollution prevention and other water
resource information.
Carwash Kit Program/IDDE Property owners/managers The City provided a carwash kit on long term loan to a
local business where charity car washes occur
frequently Staff at the business were trained on its
use. Kit checkout procedures were revised to include
a process were the City verifies that a kit will function
at a site prior to it being check out for use.
Petpalooza Dog owners The City distributed pet waste pick up bag dispensers
shaped like dog bones,which included a supply of
bags.
Volunteer Vegetation Planting General Public The City organized and led native plant planting,
at the Auburn Environmental invasive species control and mulching opportunities at
Park the Auburn Environmental Park. Approximately 150
volunteers p artici aced.
RES.A Page 116 of 247
City of Auburn 2012 IDDE Education Summary
Public Education Activity Target Audience Comments
IDDE Recognition and City Staff Provided IDDE recognition and reporting
Reporting education/training to 9 new city staff
i
i
I
RES.A Page 117 of 247
XfjBURNF r
Peter B. Lewis, Mayor
WASHINGTONINGTON 25 West Main Street* Auburn WA 98001-4998 *www.auburnwa.gov*253-931-3000
i
September 7,2012
Anne Dettelbach
Phase 11 Municipal NPDES Permit Manager
Ecology Northwest Regional Office
3190 160th Avenue Southeast
Bellevue,WA 98008
RE. NPDES Municipal Stormwater Permit WAR04-5502 G20 Notification
Dear Ms. Dettelbach:
This letter is to notify you that the City of Auburn has become aware of a point of non-compliance with the Phase 11
Municipal Stormwater Permit(Permit). The specifics of this point of non-compliance are outlined below. Special
Condition S5.C.5.a.ii requires the City of Auburn(City)to perform maintenance within 2 years for maintenance that
requires capital construction of less than$25,000
The City identified two storm facilities in 2010 (May 6s'
and July 121h)that had exceeded the City's permit required
maintenance standards. The City prepared a capital improvement project in 2011 to perform the maintenance on
these two facilities. Project delays prevented the City from bidding in 2011 so it was rescheduled for the summer of
2012. The City bid the project In July of this year however we received only one bid which was almost twice the
engineer's estimate($197,856 over the estimate of$239,352) The City rejected the bid and prepared to revise and
re-bid the contract. However the City cancelled the project re-bid on August 27th because we determined the risk for
collateral environmental damage was too great if we proceed with the project this late In the year. Consequently,
the City is not in compliance with the permit requirements for conducting facility maintenance. To correct this i
compliance issue the City will complete the required maintenance during the summer of 2013.i
If you have questions please contact Tim Carlaw at(253)804-5060 or tcarlaw auburnwa.gov For more
Information about the City of Auburn's efforts to comply with the Phase II Municipal Stormwater Permit in general,
please contact Chris Thorn at(253)804-5065 or cthorn@ggburnwa.gov
Sincerely,
e nnis R. owdy,
Public Works Director
City of Auburn
DRD/jr
cc: Dan Repp, PE, Utilities Engineer
Tim Carlaw, Storm Drainage Engineer
Robert Lee, PE, Project Engineer
Chris Thorn,Water Quality Programs Coordinator
AUBURN ;< MORE THAN YOU IMAGINED
RES.A Page 118 of 247
RES.A Page 119 of 247
Resolution No. 4908
Exhibit “A”
CITY OF AUBURN
2013 STORMWATER MANAGEMENT
PROGRAM
City of Auburn, WA
March 2013
RES.A Page 120 of 247
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
RES.A Page 121 of 247
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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
RES.A Page 122 of 247
1
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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
RES.A Page 123 of 247
1: Introduction City of Auburn 2013 SWMP
2
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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.
RES.A Page 124 of 247
1: Introduction City of Auburn 2013 SWMP
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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.
RES.A Page 125 of 247
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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.
RES.A Page 143 of 247
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.
RES.A Page 144 of 247
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,
RES.A Page 145 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4918
Date:
February 28, 2013
Department:
Public Works
Attachments:
Res 4918
Modified TIP #25
Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4918.
Background Summary:
The purpose of this Resolution is for the City Council 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:Dowdy
Meeting Date:March 18, 2013 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 146 of 247
RESOLUTION NO. 4 9 1 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE 2013-2018 SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY
OF AUBURN PURSUANT TO RCW CHAPTER 35 77
WHEREAS, The City of Auburn was identified by the Washington State
Department of Transportation (WSDOT) as a candidate eligible for up to
502,275 00 through the Quick Response Safety Program, and
WHEREAS, the City submitted a grant application on December 26,
2012 for Citywide Guardrail Improvements which detailed a proposal to install
new guardrail along several corridors to improve safety, and
WHEREAS, on February 1, 2013, the City of Auburn was provided
notification by the Washington State Department of Transportation that an
award in the amount of $502,275 00 was granted based on an application
submitted, 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, pursuant to RCW 35 77 010, a public hearing to consider
amending the 2013-2018 Transportation Improvement Program for the City of
Resolution No 4918
February 14, 2013
Page 1
RES.B Page 147 of 247
Auburn was held on March 18, 2012 at the hour of 7 30 p m in the Council
Chambers of the Auburn City Hall, pursuant to notice published in the legal
newspaper of the City of Auburn on March 8, 2012, and
WHEREAS, said amendment to the 2013-2018 Transportation
Improvement Program of the City of Auburn was approved by the City Council
by motion duly made and carried in said hearing
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. There is attached hereto and denominated as Exhibit "A" and
the terms of which are incorporated herewith by reference as though fully set
forth, a designation of the streets within the corporate limits of the City of
Auburn to be improved in the manner therein set forth during the year set for
the improvement of such street or streets
Section 2. That the City Engineer of the City of Auburn is hereby
directed to forward a certified copy of this Resolution to the Washington State
Department of Transportation for filing not more than thirty (30) days after the
adoption of this Resolution
Section 3. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation
Resolution No 4918
February 14, 2013
Page 2
RES.B Page 148 of 247
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon
DATED this day of April, 2013
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam,
City Clerk
APPR D AS TO FORM
Daniel B Hei ,
City Attorney
Resolution No 4918
February 14, 2013
Page 3
RES.B Page 149 of 247
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
RES.B Page 150 of 247
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RES.B Page 154 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4920
Date:
March 11, 2013
Department:
Planning and Development
Attachments:
Res 4920
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4920.
Background Summary:
At the February 11, 2013 Planning and Community Development Committee (PCDC)
meeting, staff brought forward for discussion a proposed modification to the Park Impact
Fee (PIF) for the urban center. At the conclusion of the discussion, the Committee was in
favor of having a PIF at 50% of the rate for the urban center or $1,750.00 (rate for
residential is $3,500.00).
Since the February 11, 2013 PCDC meeting, staff has engaged in further conversations
about additional incentives for developing within the urban center, and more specifically
the Downtown Catalyst Area (see Exhibit A to Resolution No. 4920). The City of Auburn
has previously taken many steps to promote redevelopment within Downtown Auburn
such as preparation of an Environmental Impact Statement, exempting traffic impact fees
for the four block Auburn Junction area, and investing in infrastructure improvements
through the South Division Promenade and City Hall Plaza/Plaza Park projects. There is
currently real and substantive interest from private sector development parties where
additional incentives towards development can be the tipping point in whether a project
can move forward. Through front end incentives now, redevelopment will provide future
property tax and sales tax benefits to the City from properties that are currently
undeveloped or underdeveloped.
Resolution No. 4920 proposes to reduce the PIF by 75% or to $875.00 per residential
unit, and reduce the planning, building, and engineering review fees also by 75%. The
fee reduction would only apply to the parcels outlined in Section 3 of Resolution No.
4920 and shown in Exhibit A to Resolution No. 4920. The fee reduction also only applies
to development projects that have received all necessary and required development
approvals from the City including planning approval, environmental review approval,
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 155 of 247
building permit approval, and engineering approval inclusive of facilities extension
agreement approval by the sunset date of December 31, 2013.
The Planning and Community Development Committee reviewed and discussed
Resolution No. 4920 at their March 7, 2013 meeting and recommended approval to the
City Council.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Planning, Legal, Parks
Councilmember:Backus Staff:Tate
Meeting Date:March 18, 2013 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 156 of 247
RESOLUTION NO. 4 9 2 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, TEMPORARILY
REDUCING BUILDING, PLANNING AND
ENGINEERING RELATED FEES AND TEMPORARILY
REDUCING PARK IMPACT FEES (PIF) FOR THE
PERIOD FROM THE EFFECTIVE DATE OF THIS
RESOLUTION THROUGH DECEMBER 31, 2013, FOR
DEVELOPMENT PROJECTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN FOR WHICH
COMPLETED APPLICATIONS HAVE BEEN
SUBMITTED
WHEREAS, the City of Auburn has previously taken substantive steps to
promote redevelopment of Downtown Auburn including but not limited to the
preparation of an Environmental Impact Statement (EIS), obtainment of a
Regional Center designation from the Puget Sound Regional Council and the
preparation and approval of design guidelines and standards, and
WHEREAS, despite ongoing economic impacts from the Great Recession,
there is current real and substantive interest from private sector development
parties in the development of residential, retail and office development in
Downtown Auburn, and
WHEREAS, the City of Auburn desires to promote and incentivize private
sector development investment in its downtown core to realize future property tax
and sales tax benefits to the citizens of Auburn from currently undeveloped and
underdeveloped properties in said downtown core, and
WHEREAS, the City of Auburn City Council is able under current state
and local regulations to make adjustments to certain fees charged to private
sector development interests and more specifically to fees charged for building
Resolution No 4920
February 26, 2013
Page 1 of 5RES.C Page 157 of 247
review, planning review and engineering review including the facility extension
agreement process and for park impacts fees, and
WHEREAS, the City of Auburn believes that the aforementioned fee
adjustments will be a major factor in enticing private sector development interests
to commit to developing on certain parcels in Downtown Auburn, and
WHEREAS, the City of Auburn believes that the period of availability for
the aforementioned fee adjustments should be limited to no later than December
31, 2013 and that such limitation will help spur near-term private sector
development investment; and
WHEREAS, there are certain "catalyst properties" in the Downtown Core
whose redevelopment will in addition to increasing property and sales tax
collections in the Downtown Core act as an impetus to future downtown
development and redevelopment through a substantive increase in downtown
residents and employees
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows
Section 1. That the City's Master Fee Schedule shall be modified to
authorize a seventy-five percent reduction in fees charged by the City of Auburn
for building review, planning review and engineering review inclusive of the
facilities extension agreement process applicable only to those parcels of land
specified as the "catalyst properties" in Section 3
Section 2. That the City's Master Fee Schedule shall be modified to
authorize a seventy-five percent reduction in park impact fees (PIF) charged by
Resolution No 4920
February 26, 2013
Page 2 of 5RES.C Page 158 of 247
the City of Auburn, applicable only to those parcels of land specified as the
catalyst properties" in Section 3
Section 3 That the following parcels of land shall be considered "catalyst
properties" (Exhibit "A") in the City's Downtown Core and shall be eligible for
application of the aforementioned fee adjustments
Parcel No 7815700115
Parcel No 7815700110
Parcel No 7815700095
Parcel No 7815700135
Parcel No 7815700240
Parcel No 7815700225
Parcel No 7815700250
Parcel No 7815700265
Parcel No 7815700380
Parcel No 7815700370
Parcel No 7815700390
Parcel No 7815700410
Parcel No 7815700325
Parcel No 7815700326
Parcel No 7815700327
Parcel No 7815700310
Parcel No 7815700305
Parcel No 7815700300
Resolution No 4920
February 26, 2013
Page 3 of 5RES.C Page 159 of 247
Parcel No 7815700295
Parcel No 7815700290
Parcel No 7815700285
Parcel No 7815700280
Parcel No 7815700075
Parcel No 7815700070
Parcel No 7815700047
Parcel No 7815700030
Parcel No 7815700020
Parcel No 7815700015
Parcel No 7815700005
Parcel No 0492000460
Parcel No 0492000461
Parcel No 0492000463
Section 4. That the modifications to the City's Master Fee Schedule shall
only be made available to those development projects on the aforementioned
catalyst properties" that have received all necessary and required development
approvals from the City including planning approval, environmental review
approval, building permit approval and engineering approval inclusive of facilities
extension agreement approval
Section 5. That the modifications to the City's Master Fee Schedule
specified in Sections 1 and 2 of this Resolution shall expire on December 31,
2013, and the prior rates shall thereafter apply
Resolution No 4920
February 26, 2013
Page 4 of 5RES.C Page 160 of 247
Section 6. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation
Section 7. That this Resolution shall take effect and be in full force as
provided herein, and 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
APPROV AS T RM
Dani ei , Ci Aftorney
Resolution No 4920
February 26, 2013
Page 5 of 5RES.C Page 161 of 247
7815700250
0492000460
7815700135
7815700225
7815700240
7815700380
7
8
1
5
7
0
0
0
4
7
7
8
1
5
7
0
0
3
7
0
78157004107815700390
0492000461
0492000463
7815700005
7815700280
7815700075
7815700030
7815700110
7815700305
7815700290
7815700265
7815700310
7815700115
7815700300
7815700295
7815700095
7815700020
7815700070
7815700015
7815700285
7815700327
7815700326
7815700325
A ST SE
W MAIN ST
A ST NW
E MAIN ST
3RD ST SW
C ST SW
AUBURN AVE NE
A ST SW
S DIVISION ST
1ST ST NW
2ND ST SW 2ND ST SE
1ST ST NE
N DIVISION ST
TRANSIT RD SW
1ST ST SE1ST ST SW
B ST SW
B ST NW
A PL SE
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.
Exhibit A
Parcels of Interest
Other Parcels
Printed On: 2/21/2013Map ID: 4178
RES.C Page 162 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4921
Date:
February 28, 2013
Department:
Administration
Attachments:
Res 4921
2012 Consolidated Annual Performance
and Evaluation Report (CAPER)
Budget Impact:
$0
Administrative Recommendation:
City Council to approve Resolution No. 4921.
Background Summary:
The Consolidated Annual Performance and Evaluation Report (CAPER) is written and
submitted to the Department of Housing and Urban Development (HUD) annually. Its
primary purpose is to inform the citizens of Auburn where Federal dollars are being
spent, by whom, and what the money accomplishes. It also serves as an evaluation tool
and begins the process of setting spending goals for the next year.
The Consolidated Annual Performance and Evaluation Report (CAPER) is written and
submitted to the Department of Housing and Urban Development (HUD) annually. Its
primary purpose is to inform the citizens of Auburn where Federal dollars are being
spent, by whom, and what the money accomplishes. It also serves as an evaluation tool
and begins the process of setting spending goals for the next year.
The CAPER is an overall review of housing and community development activities that
were funded by the Community Development Block Grant program in the year 2012.
Furthermore, HUD regulations stipulate the City solicit comments and public review of its
annual CAPER.
A City Council public hearing on the CAPER is scheduled for the Monday, March 18,
2012 City Council meeting. Public Notice of the CAPER's availability was provided by
publication in the Seattle Times and posted on the City of Auburn's website. No
comments have been received regarding the CAPER to date.
At its March 18, 2013 meeting, the Council can act on the CAPER by accepting it by
resolution. The resolution directs staff submit the report to HUD.
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 163 of 247
This item went before Planning and Community Development Committee (PCDC) on
March 7, 2013. Committee recommended City Council to approve Res. No. 4921.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Planning
Councilmember:Backus Staff:Hursh
Meeting Date:March 18, 2013 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 164 of 247
RESOLUTION NO. 4 9 2 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, TO ACCEPT THE CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
FOR THE 2012 PROGRAM YEAR
WHEREAS, the City of Auburn was designated as an entitlement
community by the U S Department of Housing and Urban Development (HUD)
for its Community Development Block Grant (CDBG) program, and
WHEREAS, the requirements of the CDBG require the City prepare and
submit a "Consolidated Annual Performance and Evaluation Report (CAPER)"
for each program year; and
WHEREAS, the City Council of the City of Auburn heard and considered
public testimony on March 18, 2013 about the CAPER for its 2012 program
year NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT
Section 1. That the Consolidated Annual Performance and Evaluation
Report (CAPER) for the 2012 program year is accepted
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
Resolution No 4921
March 18, 2013
Page 1 of 2
RES.D Page 165 of 247
this legislation and submit the report to HUD
Section 3. 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
XPIJR
J
DbKiel B H6
City Attorney
Resolution No 4921
March 18, 2013
Page 2 of 2
RES.D Page 166 of 247
Department of Administration
25 West Main Street
Auburn, Washington 98001
City of Auburn
Consolidated Plan for Years 2010 to 2014
Consolidated Annual Performance
and
Evaluation Report (CAPER)
for the
2012 Program Year
March 31, 2013
RES.D Page 167 of 247
City of Auburn – 2012 CAPER Page 1
CONTENTS:
I Introduction, Summary
II. Assessment of Goals and Strategies
A. Housing and Homeless Prevention Strategies
B. Livable Communities Strategies
C. Economic Development Strategies
D. Other Actions
E. Continuum of Care Strategies
F. Affirmatively Furthering Fair Housing:
G. Leveraging Resources
H. Self-Evaluation
III. Outcomes Measurement and Performance Reporting System
IV CDBG – Specific Requirements
A. Nature of and Reasons for any Change in Program Objectives
B. Assessment of Grantee Efforts to Comply with Consolidated Plan
C. Extent of Funds Used for National Objectives
D. Relocation Actions
E. Economic Development Activities
F. Program Income Accounts Description
G. Neighborhood Revitalization Strategies Report
H. Eliminating Barriers to Affordable Housing
I. Coordination with Public Housing Authorities
J. Lead-Based Paint Hazards
K. Compliance and Monitoring Performed during the Program Year
V. Public Participation Requirements
VI. Public Participation:
A. Minutes from Public Hearing and Council Resolution
B. Written comments received during public review of the C.A.P.E.R.
RES.D Page 168 of 247
City of Auburn – 2012 CAPER Page 2
I. Introduction, Summary:
The Consolidated Annual Performance and Evaluation Report (CAPER) for the City
of Auburn, Washington, for program year 2012 is a report to the U.S. Department of
Housing and Urban Development (HUD) on the City's activities and accomplishments
using Community Development Block Grant (CDBG) funds. The City of Auburn
(hereinafter referred to as the City) combines its CDBG funds with its general funds to
support human service activities and human service planning and administration; this
planning is detailed in the City’s Consolidated Plan and in its Annual Action Plan and
correlated with the CAPER.
On November 7, 2011 the Auburn City Council passed Resolution Number 4764
adopting the 2012 Action Plan for the City of Auburn's Consolidated Plan for Years
2010 to 2014. The 2012 Action Plan was based on an estimated, combined human
service budget of $1,050,000; out of which $400,000 were CDBG funds, $650,000
were City of Auburn general funds.
On April 4, 2012 HUD informed the City that its 2012 Action Plan was approved and
funded with $466,796.
This Consolidated Annual Performance and Evaluation Report (CAPER) will explain
in more detail where CDBG funds were spent. The CAPER will assess how that
spending addresses the housing and community development goals that the City set
forth in its Consolidated Plan for Years 2010 to 2014.
II. Assessment of Goals and Strategies:
A. Housing and Homeless Prevention Strategies
Activities funded by the City through its contracts with local agencies to promote
affordable housing and prevent homelessness are part of its goal to assure Auburn
residents have sufficient food to eat and a roof overhead. The following are activities
that received CDBG funds relative to this goal.
• CDBG funds were used to make sure Auburn residents have access to
emergency assistance in the event that they become homeless. Specifically,
CDBG funds were used for the following:
o In an effort to help retired couples and senior citizens stay in
affordable housing, the City uses its CDBG funds to make home
repairs for low-income and primarily senior homeowners.
B. Livable Communities Strategies
The City uses its CDBG funds to help achieve the national objective of providing or
maintaining a suitable living environment; particularly for its low income residents.
Towards this end, the City uses its CDBG funds for the following:
RES.D Page 169 of 247
City of Auburn – 2012 CAPER Page 3
• Support a regional network of community health services that provide basic
health care to low-income residents. The City provides CDBG funds to
HealthPoint of King County (formerly Community Health Centers) for
primary medical and dental care to low-income, uninsured residents at
facilities located in Auburn.
• Establish a youth drop-in center by providing funds to Auburn Youth
Resources for acquisition of facility.
C. Economic Development Strategies
The City of Auburn strives to help potential entrepreneurs obtain the business skills they
need to start and sustain a business and develop jobs. Towards this end, the City
provides the Small Business Assistance Center of Green River Community College
funding to provide training and counseling to individuals starting businesses.
D. Other Actions: Neighborhood Revitalization:
The City of Auburn uses its CDBG funds to preserve and/or revitalize low and
moderate income neighborhoods. CDBG funds for planning and administration are
used to work with neighborhood groups to identify local needs and develop plans to
address those needs. Additional CDBG funds are used for the following:
• Develop neighborhood plans so that low income neighborhoods can
become eligible for consideration as local investment areas.
• Increase neighborhood property values, increase the length of time
residents reside in neighborhood, increase number of owner-occupied
units and improve sustainability of the entire neighborhood by installing
public infrastructure such as curbs, sidewalks, street lights and curb cuts
for wheelchairs.
E. Continuum of Care Strategies / Reduction in Poverty Strategies
The City of Auburn provides a Continuum of Care primary through two channels. First,
the City participates in the King County HOME Consortium, which sets policy direction
and distributes HOME and McKinney funds throughout the County. On a local level,
the City funds programs – both through the General Fund and with CDBG – that help
prevent homelessness and address emergency and transitional housing needs. In addition
to CDBG funded activities described in this CAPER, the following examples of general
fund activities likewise help reduce poverty and homelessness in Auburn:
• The City provides $56,500 of general funds to feed and care for over
10,000 Auburn residents.
• The City provides general fund support to provide emergency housing to
over 400 homeless adults and children.
• The City provides ACAP Child and Family Services funds to subsidize the
childcare of over 40 low-income, Auburn families.
RES.D Page 170 of 247
City of Auburn – 2012 CAPER Page 4
• The City provides over $90,000 of general fund support for services to
victims of domestic violence.
F. Affirmatively Furthering Fair Housing:
The City complies in accordance with its "Analysis of Impediments to Fair Housing
Choice" (AI) as required for CDBG entitlement communities. As a result of the AI
and the public response to it, the consultant—a partner in this effort throughout the
county—who prepared the AI identified three impediments and made three initial
recommendations. The recommendations were:
• Expand current education and outreach efforts;
• Continue ongoing enforcement activities by holding responsible those able
to make improvements in this area; and
• Target homeownership and lending marketing to all citizens of all
backgrounds.
The City continues to implement the recommendations in the AI. For instance,
among other actions, the City is inserting the Fair Housing logo onto its human
service and housing planning documents as a means to publicize Fair Housing and
the City's commitment to it. The City has made publications promoting Fair Housing
available at City Hall, Senior Center, and other public gathering places. A link to
Fair Housing information has been placed on the City’s website as a resource to
residents as well. The City continues to monitor compliance with the Fair Housing
Act. Complaints are referred to the Washington State Human Rights Commission for
resolution. No fair housing complaints were filed against the City in 2012 nor did the
City make any referrals of alleged complaints to the Washington State Human Rights
Commission.
G. Leveraging Resources
CDBG appropriated by the City are sometimes used to leverage other public and
private funding resources. For instance, in 2012 CDBG funds were used to leverage:
• Through the leveraged matching funds of the City of Auburn’s general fund,
the human services budget exceeded $1 million that went to meet the goals
and strategies of the City’s Consolidated Plan.
H. Self-Evaluation
During their review of the CAPER, the Human Service Committee agreed that the
City is implementing the strategies contained in the Consolidated Plan. The City has
remained in compliance with the ‘Timeliness of Expenditure’ guidelines as
prescribed by HUD. The City intends to remain in compliance, while adjusting
project selection and monitoring to include provisions for the increased timelines due
RES.D Page 171 of 247
City of Auburn – 2012 CAPER Page 5
to response to environmental regulations (ESA and Lead Paint).
Public service activities are within their intended schedule. Furthermore, the City
continues to publicize its Housing Repair Program so as to increase the number of
clientele served each year.
III. Outcomes Measurement and Performance Reporting System:
The Department of Housing and Urban Development instituted a reporting system for
outcome-based performance measures. The following summarizes accomplishments
relative to the 2012 Action Plan.
Agency: City of Auburn Community Services: Housing Repair Program
Activity: Provide emergency housing repairs to low-mod income Auburn
homeowners at risk of becoming homeless.
Proposed: 40 clients Actual: 43 clients
Budget: $150,000 Spent: $171,655.12
($21,655.12 prior yr.)
Summary: During 2012 the City awarded 43 grants for minor home repairs.
Actual expenditures were an average of less than $4,000 per
client. All of the clients served were low-mod income, most
earned less than 30% of the King County median household
income (KCMHI).
Agency: City of Auburn Community Services: Weatherization Program (CDBG-R)
Activity: Provide emergency weatherization repairs to low-mod income
Auburn homeowners at risk.
Proposed: 15 clients Actual: 18 clients
Budget: $40,000 Spent: $34,029.50
Summary: During 2012 the City awarded 18 grants for weatherization
repairs. Actual expenditures were an average of less than $1,900
per client. All of the clients served were low-mod income, most
earned less than 30% of the King County median household
income (KCMHI).
Agency: Auburn Youth Resources
Activity: Support AYR in acquiring a facility for drop-in resource center
serving low-mod youth at Les Gove Campus.
Proposed: 50 clients Actual: 50 clients
Budget: $100,000 Spent: $100,000
RES.D Page 172 of 247
City of Auburn – 2012 CAPER Page 6
Summary: AYR, in working with the City of Auburn to develop a strategy
for low-mod and primarily homeless youth, is creating a drop-in
center to supplement the programming at the Les Gove Parks
Activity Center.
Goal: Health care to be physically and mentally fit.
Outcome: Within the city limits of Auburn are located non-profit agencies
that provide health care to its low-income residents.
Output Goal: Support a regional network of community health services that
provide basic health care to low-income residents.
Agency: HealthPoint of King County (formerly Community Health Center)
Activity: Provide primary medical / dental care to low-income,
uninsured residents at facilities located in Auburn.
Proposed: 78 / 70 clients Actual: 78 / 70 clients
Budget: $57,500 Spent: $57,500
Summary: Community Health Centers has served the expected number
of clients for the contracted year. Through additional
resources, their total service to the City was much greater.
Goal: Education and job skills to lead an independent life.
Outcome: Auburn has a central location that makes available a variety of
services and assistance to individuals who are starting a business.
Output Goal: Help potential entrepreneurs obtain the business skills they need
to start and sustain a business. Provide potential entrepreneurs
research and technical assistance on potential businesses in
Auburn and the means to finance them.
Agency: GRCC Small Business Assistance Center
Activity: Provide small business training and counseling to enable
businesses and individuals starting business to survive and
grow their businesses.
Proposed: 25 clients Actual: 25 clients
Budget: $37,500 Spent: $37,500
Summary: The agency provided over 480 hours of technical assistance
and over 200 hours of counseling creating or saving 20 jobs.
RES.D Page 173 of 247
City of Auburn – 2012 CAPER Page 7
Agency: South King County Multi-Service Center: Employment Training
Activity: Provide training to residents so that employment is found and
sustained.
Proposed: 15 clients Actual: 15 clients
Budget: $5,300 Spent: $5,300
Summary: The agency provided training and job placement for the
contracted amount of residents under this first year effort
with the City of Auburn.
IV. CDBG – Specific Requirements
A. Nature of and Reasons for any Change in Program Objectives
No changes were made in the Program Objectives of the 2012 Action Plan.
B. Assessment of Grantee Efforts in Complying with Consolidated Plan
The City did not, through action or willful inaction, hinder the implementation
of the Consolidated Plan. If requested, the City provides letters of compliance
to entities that are pursuing HUD-approved activities within the City (e.g.,
letters of zoning compliance, assistance with development processes, etc.).
C. Extent of Funds Used for National Objectives
All funds were used exclusively for the National Objectives.
D. Relocation Actions
No activities that required relocation of households or businesses were
undertaken during the 2012 program year.
E. Economic Development Activities
The Small Business Assistance Center (SBAC) has as a goal the
creation/retention jobs. The activities provided by SBAC for the 25 low and
moderate income clients served is providing both counseling hours and loan
assistance as public benefit.
F. Program Income Accounts Description
The City of Auburn did not receive any program income during 2012.
G. Neighborhood Revitalization Strategies Reports
The City of Auburn is working to align its Neighborhood Revitalization
RES.D Page 174 of 247
City of Auburn – 2012 CAPER Page 8
Strategy in accordance to HUD's criteria for selected or targeted
neighborhoods. The City does have a policy in place that utilizes CDBG funds
to make improvements according to HUD regulations.
H. Eliminating Barriers to Affordable Housing
The City provided grants for home repairs to 43 low-income homeowners.
Most of these homeowners were senior citizens. They home repairs provided
the clients of Auburn's Housing Repair Program enable them to stay in their
homes, which are much more affordable than what they find elsewhere.
I. Coordination with Public Housing Authorities
The City of Auburn and the King County Housing Authority have a long
history of collaboration toward developing affordable housing for low-income
residents and people with special needs. The King County Housing Authority
has approximately 768 public housing units located in Auburn; in addition to
more than 800 Section 8 vouchers. The City of Auburn plans to continue to
work with the King County Housing Authority to preserve and maintain
Auburn's stock of affordable housing for its low-income residents.
J. Lead-Based Paint Hazards
The City of Auburn includes language in its CDBG contracts that require
agencies to comply with HUD Lead-Based Paint Regulations (24 CFR Part 35)
issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
Sections 4831, et seq.) requiring prohibition of the use of lead-based paint
whenever CDBD funds are used. In addition, the City notifies residents of
potential lead-based paint hazards when it awards a Housing Repair grant. A
copy of the pamphlet – "Protect Your Family from Lead In Your Home" is
provided each Housing Repair client when the City conducts the initial
inspection of their home.
K. Compliance and Monitoring Performed during the Program Year
Outcome data is included in the contract between the City of Auburn and the
agency receiving CDBG funds. The City monitors agency compliance with its
CDBG contract by requiring the agency to submit quarterly reports that
includes data on the number of service units provided along with demographic
information about their clients. In addition, City staff monitors the agencies
with a site visit at least once a year and maintains a more frequent contact with
agencies using the telephone and email. The information contained in this
CAPER was derived from these site visits, quarterly reports and miscellaneous
agency contacts.
V. Public Participation Requirements
The public review period for this Consolidated Annual Performance and
Evaluation Report for 2012 began on March 4, 2013 when copies became
RES.D Page 175 of 247
City of Auburn – 2012 CAPER Page 9
available for distribution. A public notice was published in The Seattle Times
on March 4, 2013 announcing the plan was ready for public review and
comment. A public hearing was scheduled and advertised for March 18, 2013
at which time the review period ends. Public comments were reviewed by the
City of Auburn's City Council. Presentation to the City Council was made on
March 18, 2013 for final review and consideration prior to submitting it to
HUD on March 31, 2013. Minutes of these meetings, along with any other
written comments, are included in the appendix of this CAPER.
VI. Public Participation
A. Minutes from Council meeting and Resolution of acceptance
B. Written comments, if any, received during public review
of the C.A.P.E.R.
RES.D Page 176 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4922
Date:
March 11, 2013
Department:
Planning and Development
Attachments:
Res 4922
Res 4922 Exhibits
Budget Impact:
$0
Administrative Recommendation:
City Council approve Resolution No. 4922.
Background Summary:
In partnership with King County Historic Preservation, 4Culture has introduced a new grant
opportunity for historic preservation related activities that is only available to Interlocal
Agreement Cities (Auburn became an Interlocal Agreement City in 1995). To apply,
communities must have a signed interlocal agreement for historic preservation services with
the King County Historic Preservation Program, must have a current Special Commission
member and assigned city staff, and must have attended a special 4Culture workshop in 2012.
Auburn meets all of the requirements and was eligible to apply.
The City submitted the grant application to prepare a Landmark Designation application for the
Japanese American Pioneer Cemetery by the October 10, 2012 deadline and was notified
November 15, 2012 that the City was awarded a $3,500.00 grant. The contract was received
from 4Culture in February 2013. Staff anticipates beginning the project April 2013 and
completion of the project must be done by the end of 2013.
The Planning and Community Development Committee reviewed Resolution No. 4922 at their
March 7, 2013 meeting and recommended approval to the City Council.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Planning, Legal, Parks
Councilmember:Backus Staff:Tate
Meeting Date:March 18, 2013 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 177 of 247
RESOLUTION NO. 4 9 2 2
A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON,
AUTHORIZING THE ACCEPTANCE OF A GRANT FROM 4CULTURE
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS
WHEREAS, the City of Auburn submitted an application to 4Culture for a historic
preservation grant to prepare a historic landmark designation application for the Pioneer
Cemetery; and
WHEREAS, the City has been advised that is has been approved to receive a
grant from 4Culture in the amount of Three Thousand Five Hundred and No/100s
Dollars ($3,500 00), and
WHEREAS, acceptance of the grant will benefit the citizens of Auburn
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
HEREBY RESOLVES as follows
Section 1. Acceptance of Grant and Authorization of Contract. The City
Council hereby accepts 4Culture's Interlocal Cities Funding Program 2013 grant in the
amount of Three Thousand Five Hundred and No/100s Dollars ($3,500 00), and
authorizes the Mayor and City Clerk to execute the Contract with 4Culture in substantial
conformity with the Contract marked as "Exhibit A" attached hereto and incorporated
herein by this reference
Section 2. Implementation. That the Mayor is further authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
Resolution No 4922
February 28, 2013
Page 1 of 2RES.E Page 178 of 247
legislation, including assuring that the grant fund appropriation is included in the
appropriate budget documents of the City
Section 3. Effective Date. 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
APPRO S
AAftoVeyDanielBHeid,
Resolution No 4922
February 28, 2013
Page 2 of 2RES.E Page 179 of 247
Exhibit A
Agreement No 113003P
Contractor's Federal Taxpayer ID No (last 4 digits)
Contractor City of Auburn
Project Title Japanese American Pioneer Cemetery —City of Auburn Landmark Registration
Contract Amount: $ 3,500 00 Fund Source CP— Preservation Special Projects
Contract Period From 01/01/2013 To 12/31/2013
AGENCY SERVICES CONTRACT 2013
THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY
4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone
number is (206) 296-7580 and the City of Auburn, (the "Contractor"), whose address is 25 W Main Street,
Auburn, WA 98001 and telephone number is (253) 931-3090 Contractor is an arts, cultural or historical
organization, public agency, or specialist qualified to receive funds pursuant to King County Code Sections
2 48 and 4 42 and RCW 67 28 180 and as hereinafter may be amended The 4Culture Board of Directors
approved providing funds for this project by Motion No. 2013-08
4Culture desires to provide funds with which the Contractor shall render certain services to King County
citizens Such services are for the benefit of cultural programs and are consistant with those defined in
RCW 67 28 180 ("Public Benefit Services")
4Culture is organized pursuant to King County Ordinance 14482 and RCW 35 21 730, et seg RCW
35 21 750 provides as follows "[All] liabilities incurred by such public corporation, commission, or authority
shall be satisfied exclusively from the assets and properties of such public corporation, commission or
authority and no creditor or other person shall have any right of action against the city, town, or county
creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of
such public corporation, commission, or authority "
The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse
Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning
of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be
expended or advanced
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to
be made and performed by the parties hereto, the parties covenant and do mutually agree as follows
AG SVC 2013 Page 1 of 7RES.E Page 180 of 247
I. SCOPE OF SERVICES
A. The Contractor shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits which are incorporated herein by reference
Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A
Project Proposal and Budget Attached hereto as Exhibit B
Insurance Requirements Attached hereto as Exhibit C
Personnel Inventory (K.0 C 12 16 060A)( In combination with Attached hereto as Exhibit D
other agreements, in excess of$25,000 in a calendar ear
Affidavit and Certificate of Compliance (K.0 C 12 16 060B) Attached hereto as Exhibit E
for Agreements in excess of$25,000
Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F
12.16 060D) [ORGANIZATIONS ONLY
B Purchase of Services Funds awarded under this Agreement shall be used solely to reimburse
the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and
Budget and/or the Specific Scope of Services attached Any amendment or modification to the Project
Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing
by 4Culture The work described generally by the Project Proposal and Budget and more specifically by the
Specific Scope of Services shall hereinafter be referred to as the "Project"
C In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that
may be specified in the Specific Scope of Services attached
D Contractor agrees to acknowledge 4Culture support in all marketing and promotional materials
during the period this contract is in force
I
Approved logos are available for download in a variety of formats at
CU LTU RE httl?://www.4Culture/manageaward/index.htm
KING COUNTY LOCO INO TAX
E The Contractor agrees to notify 4Culture in advance of any public Project activities, including but
not limited to ground breaking events, dedications, and other public programs
II. DURATION OF CONTRACT
This Agreement shall commence on January 1, 2013 and shall terminate on December 31, 2013
This Agreement, however, may be terminated earlier as provided in Section IV hereof
Ill. COMPENSATION AND METHOD OF PAYMENT
A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in
satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements
specified in this contract in an aggregate amount not to exceed $3,500.00
AG SVC 2013 Page 2 of 7RES.E Page 181 of 247
B Contractor may apply to 4Culture for reimbursement upon completion of specified phases as
detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract.
C Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as
EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific
Scope of Services and Reimbursement Schedule 4Culture will initiate authorization for payment after
approval of corrected invoices and reports 4Culture shall make payment to the Agency not more than 60
days after the appropriate invoice is received
D Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this
Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in
this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in
said invoice or any subsequent invoice
E If the Contractor fails to comply with any terms or conditions of this contract or to provide in any
manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until
4Culture is satisfied that corrective action, as specified by 4Culture, has been completed This right is in
addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other
rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in
equity
IV. TERMINATION OF AGREEMENT
A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or
stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining
allocation Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor
describing such default or violation 4Culture shall not so terminate this Agreement if 4Culture determines
that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or
violation
V. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel, property, financial,
insurance and programmatic records and other such records as may be deemed necessary by 4Culture to
ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in
the performance of this Agreement.
B These records shall be maintained for a period of six (6) years after termination of this
Agreement unless a longer retention period is required by law
AG SVC 2013 Page 3 of 7RES.E Page 182 of 247
VI. AUDITS AND EVALUATIONS
A. The records and documents with respect to all matters covered by this Agreement shall be
subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by
law during the performance of this Agreement and six (6) years after termination hereof
B The Contractor shall provide right of access to its facilities, including by any subcontractor to
4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to
monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the
Contractor in the case of fiscal audits to be conducted by 4Culture
C The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's
performance under this contract and to make available all information reasonably required by any such
evaluation process The results and records of said evaluations shall be maintained and disclosed in
accordance with RCW Chapter 42 17 (Public Records Act)
VII. PROPRIETARY RIGHTS
If any patentable or copyrightable material or article should result from the Project, all rights accruing
from such material or article shall be the sole property of Contractor Contractor agrees to and does hereby
grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any
material or article and use any method that may be developed as part of the work under this Agreement.
The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other
materials and documents of Contractor which are modified for use in the performance of this Agreement.
VIII. FUTURE SUPPORT
4Culture makes no commitment to support the services contracted for herein nor guarantee
regarding the success of the services and assumes no obligation for future support of the Project except as
expressly set forth in this Agreement.
IX. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Agreement, the Contractor is an independent contractor, and
shall determine the means of accomplishing the results contemplated by this Agreement. Neither the
Contractor nor its officers, agents or employees are employees of 4Culture for any purpose The Contractor
shall comply with all applicable federal and state laws and regulations regarding employment, minimum
wages and hours, and discrimination in employment. The Contractor is responsible for determining the
compensation of its employees, for payment of such compensation, and for all federal and/or state tax,
industrial insurance, and Social Security liability that may result from the performance of and compensation
for these services The Contractor and its officers, agents, and employees shall make no claim of career
service or civil service rights which may accrue to a 4Culture employee under state or local law 4Culture
assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf
of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law,
the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and
employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from
1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to the
Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Agreement. The Contractor shall also defend,
indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and
all claims made by Contractor's employees arising from their employment with Contractor
AG SVC 2013 Page 4 of 7RES.E Page 183 of 247
B To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and
save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments,
and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the
Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole
negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection
with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or
other structure, project, development, or improvement attached to real estate" within the meaning of RCW
4 24 225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers,
employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents'
negligence The Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents In the event 4Culture
incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the Contractor Claims shall
include, but are not limited to, assertions that the use or transfer of any software, book, document, report,
film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of
any copyright.
X. INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of this Agreement insurance as described
on the Exhibit labeled as Insurance Requirements attached here to
XI. CONFLICT OF INTEREST
Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by
reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter
Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of
contract.
In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of
4Culture who exercises any functions or responsibilities in connection with the planning and implementation
of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly
or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any
other person beneficially interested in this Agreement has offered to give or given any such officer,
employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection
with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this
provision
AG SVC 2013 Page 5 of 7RES.E Page 184 of 247
XII. NONDISCRIMINATION
During the performance of this Agreement, Contractor shall comply with state, federal and local
legislation requiring nondiscrimination in employment and the provision of services to the public, including,
but not limited to Title VI of the Civil Rights Act of 1964, chapter 49 60 RCW(the Washington state law
against discrimination), KC C chapter 12.16 regarding discrimination and affirmative action in employment
by contractors, subcontractors and vendors, KC C chapter 12 17 prohibiting discrimination in contracting,
KC C chapter 12 18 requiring fair employment practices, KC C chapter and 12.22 prohibiting
discrimination in places of public accommodation
The Contractor shall maintain, until 12 months after completion of all work under this contract, all
written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to
participate in this Agreement. The Contractor shall make such documents available to 4Culture for
inspection and copying upon request.
XIII. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of
4Culture at the addresses first written above Any time within which a party must take some action shall be
computed from the date that the notice is received by said party
XIV. GENERAL PROVISIONS
No modification or amendment to this Agreement shall be valid unless made in writing and signed by
the parties hereto Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of
this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term
or condition of this Agreement or application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect
without the invalid term, condition, or application To this end, the terms and conditions of this Agreement
are declared severable The parties agree that this Agreement is the complete expression of the terms
hereto and any oral or written representations or understandings not incorporated herein are excluded
Both parties recognize that time is of the essence in the performance of the provisions of this Agreement.
XV. ATTORNEYS' FEES. EXPENSES
Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees
and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may
pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such
enforcement. Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or not there
is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to
modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection
services Contractor also shall pay all court costs and such additional fees as may be directed by the court.
AG SVC 2013 Page 6 of 7RES.E Page 185 of 247
XVI. SURVIVAL
The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the
termination of this Agreement and shall be continuing obligations of the parties
4CULTURE:CONTRACTOR:
4Culture-CDA Executive Director Signature
Date Name (Please type or print)
Title (Please type or print)
Date
AG SVC 2013 Page 7 of 7RES.E Page 186 of 247
EXHIBIT A
CONTRACT NO. 113003P
SPECIFIC SCOPE OF SERVICES AND PAYMENT SCHEDULE
Japanese American Pioneer Cemetery -
City of Auburn (King County) Landmark Registration
The City of Auburn and 4Culture mutually agree that the following services be provided in
accordance with 4Culture's Interlocal Cities Funding Program 2013 guidelines:
Activities associated with City of Auburn (King County) landmark registration of the Japanese
American Pioneer Cemetery(the Project) in Auburn,WA, including:
Contracting for services of a preservation consultant
Historical research, including collaboration with special commissioner Greg Watson,local
cemetery historian Kristi Lommen, the White River Valley Museum, and the White River
Buddhist Temple
Site photography, as required for landmark nomination
Mapping, as required for landmark nomination
Preparation of draft and final City of Auburn landmark nomination documents
Presentations at hearings of the Auburn (King County) Landmarks Commission
Project publicity and promotions,with funding acknowledgement to 4Culture
PUBLIC BENEFIT COMMITMENTS
The Project shall engage the community in as many ways as possible, including, at a minimum.
Meeting with members of the White River Buddhist Temple to share goals for the project,
check data, and obtain substantive input
Arranging for coverage of phases of the project with The Auburn Reporter
Public announcements/media outreach regarding hearings of the Auburn Landmarks
Commission on the landmark nomination
Posting of the final registration documents on the City of Auburn and White River Valley
Museum's websites
Visible acknowledgement of landmark status at the cemetery site
PHOTO DOCUMENTATION
The Project shall be documented by electronic photography,with at least six images of the various
phases of the work, including research, field work, and public meetings.
Images shall be of publishable quality for use by 4Culture to promote the Interlocal Cities
Funding program.
Photos shall have captions with credits, and permission to publish.
Images must be submitted on a DVD as part of the final request for reimbursement.
City of Aubum Page 1 of 2RES.E Page 187 of 247
PUBLICITY/PROMOTIONS POLICY
To receive final payment you must:
Acknowledge 4Culture's support with this text in all project-related print and on-line
material. This project was supported, in part, by an awardfrom 4Culture
Include this logo http.//w,,Nw.4Culture.org/manageaward/index.htm (choose Lodging Tax)
on project-related materials including: websites, brochures, press releases, programs, posters,
flyers, advertisements, signage and other related collateral material.
COMPENSATION• $3,500
For required professional services, and direct project expenses.
EXPECTED DATE OF COMPLETION
December 31, 2013
PAYMENT SCHEDULE
Up to two (2) project reimbursements are payable upon submittal of 4Culture invoices, expense
documentation, and deliverables as detailed above. Final reimbursement must be requested within
30 days of project completion.
City of Aubum Page 2 of 2RES.E Page 188 of 247
EXHIBIT B
City of Auburn
Address Website
25 W Main St www.auburnwva,gov
Auburn
Washington Email
98001 ech imberl2in(a;au bumwa ahv
Shipping Address King County Council District #
7
Phone
253) 931-3090 WA State Legislative District #
Fax
30, 31, 47
Date Incorporated
06/13/1891
Federal Tax ID
91-6001228
WA State UBI#
171 000 010
Organization Director
Mayor, Mr. Peter Lewis
Director Email
plewis @auburnwa gov
Director Phone
253) 931-3041
Organization Description
Mission
To provide a service-oriented government that meets the needs of our citizens and business community
through efficient and professional management with responsive and accessible leadership.
Contact Person
Planning Manager, Ms Elizabeth Chamberlain
Contact Phone
253-931-3092
Contact Email
echamberlain @auburnwa gov
file:///QJ/ .pplicants/Raw%20Application%20Informabon/City%20of%20Aubum/Ciity%20of%20Aubum_0001_fieidData.html[10/10/2012 513.04 PM]
RES.E Page 189 of 247
INTERLOCAL CITIES PRESERVATION 2012 APPLICATION
CITY OF AUBURN
Proposing to Prepare Landmark Nomination for a JAPANESE AMERICAN PIONEER CEMETERY
1. Summarize your city's survey/inventory efforts, landmark nominations, and any major preservation
projects accomplished since becoming an Interlocal City.
WHITE RIVER VALLEY MUSEUM The city of Auburn has demonstrated a long commitment to preservation and
heritage. Since 1990 it has worked in partnership with the White River Valley Historical Society, supporting
the White River Valley Museum through a Museum Services Agreement—a commitment that has allowed
that institution to grow and prosper Through a combination of staff support, grants, and increasing City
allocations, the Museum budget and thus public service during those years has grown from $14,000 a year
to over$440,000 annually.
HISTORIC BUILDING INVENTORY AND WALKING TOURS. City officials worked with King County Landmark staff and
consultants on a historic building inventory that was significantly completed in the early 1990s Along with
identifying the city's oldest buildings and assisting land owners with historical research,this process
resulted in an Auburn Historic Homes Walking Tour map and an Auburn Historic Buildings Walking Tour
map. Both are available on the Museum's website A historic resource inventory was updated in 2004
CITY OF AUBURN AND KING COUNTY LANDMARKS The city of Auburn has maintained an Interlocal Agreement with
King County to facilitate historic planning, research, and to obtain landmark status for key historic sites
since 1995 Currently four sites in Auburn are listed as city of Auburn and King County Landmarks
Auburn Public Library, 1914 building, became a city and King County Landmark in 1995,
located at 306 Auburn Avenue NE.
Auburn Post Office, a 1937 building, became a city and King County Landmark in 2000,
located at 20 Auburn Avenue NE
Auburn Masonic Temple, a 1923-24 building, became a city and King County Landmark in
2002, located at 302-310 East Main Street.
Mary Olson Farm, 1879-1902 site, became a city and King County Landmark in 2000, located
at 28728 Green River Road SE
DOWNTOWN AUBURN Additionally, city of Auburn officials have supported historic preservation of the
downtown core through Planning support, a Main Street program, a library of historic photographs
maintained to share with landowners contemplating renovations or restoration, lease and restoration of a
historic theater; historically influenced street lights, and design standards that recognize the rhythm of the
existing Main Street for new development to compliment. Also, scattered throughout Auburn are pieces of
public art, many of which reflect elements of the City's history and cultural past.
MARY OLSON FARM. The city of Auburn has partnered with the White River Valley Museum to restore the
Mary Olson Farm, a fifteen year, almost$2 million undertaking.The Farm opened to the public the summer
of 2011, and serves as a living history and environmental learning specialty park.This complex site is 67-
acres in size, almost one-half mile long. It includes an archaeological site, a salmon bearing stream, 100+
year old orchard and seven historic wooden buildings, surrounded by meadows and deeply forested
hillsides Through the city's support of Museum staff members, almost five thousand children tour the
Farm each year,studying either stream ecology or where their food comes from Historic Seattle named the
Mary Olson Farm the Best Restoration for 2012.
Page 1 of 3
RES.E Page 190 of 247
2. Describe the current proposed project, and explain why it is the next logical step in building your local
preservation program.
With this application we are asking for$3,500 to engage consultant Holly Taylor of Past Forward NW
Cultural Services to prepare a King County Landmark nomination for a cemetery in Auburn known as
Pioneer Cemetery or the Japanese American Pioneer Cemetery as we shall use in this document.This
cemetery is located in the heart of Auburn, at the crossing of 8th Street NE and Auburn Way North.The
Japanese cemetery is roughly triangular in shape, approximately 33, 500 square feet, and containing at
least 180 burials dating from roughly 1879 to 2011.
HISTORY OF AUBURN'S JAPANESE AMERICAN PIONEER CEMETERY- Auburn's Japanese American Pioneer
Cemetery began as a broader community cemetery,with early burials starting around 1866 when John and
Rachel Faucett buried their two young daughters at this site The community at large soon joined the
Faucetts in burying their loved ones at this peaceful crossroads just north of town.
As historian Kristi Lommen says. "Many of the Valley's earliest and most prominent pioneers were
represented among its graves. Unfortunately, situated as it was between the Green and the White Rivers
before the latter's diversion in 1906),the cemetery was particularly vulnerable to flooding. At least one
report states that the flooding was so severe at times that burial vaults were left open when the waters
receded Once the Auburn Mountain View Cemetery was opened in 1890, many families began to move
their deceased ancestors to this and other cemeteries on higher ground Caucasian burials became
increasingly rare at the Pioneer Cemetery; the last such burial took place in 1935 (flooding concerns at the
cemetery weren't fully resolved until the construction of the Howard Hanson Dam on the upper Green
River in 1962) "
From roughly 1900 to 1942 about one third of Auburn's population was comprised of people from Japan
and their children This population continued to use the Japanese Cemetery Most families of Japanese
heritage did not return to Auburn after internment, so unlike their neighbors,they did not relocate their
ancestors graves.Today the cemetery holds many burials of people with Japanese names, some early
settlers of European descent, and a few Native American burials, most notably the a woman named
Angeline Seattle, of no relationship with the woman often referred to as Princess Angeline.
WHY Now?The Japanese American Pioneer Cemetery was selected as our current preservation focus for a
number of factors:the cemetery is owned by the City making nomination and any subsequent
improvements simpler to manage; it is located at a highly visible public crossroad of two thoroughfares;the
City would like to see improvements made to the cemetery in the future including replacing lost statuary—
projects that would only occur with grant funding made possible by landmark status, and current landmark
designations have been focused to locations within Downtown Auburn, which was the original city limits,
and the City would like to expand our landmarks' program beyond downtown
3. Tell us how your project will engage people in the community- local historical society,volunteer
researchers,youth,seniors,or other.
Auburn's Japanese American Pioneer Cemetery easily activates local interest, in fact it already has
A comprehensive and artistic website on the Japanese Cemetery has been developed by local
historian Kristi Lommen and her daughter Amerie, originally to satisfy a Japanese language class
requirement in 2008 As the website notes "It has grown each year since then, often with the
Page 2 of 3
RES.E Page 191 of 247
participation and support of the families of those buried in the cemetery As of this writing, the site
includes more than 20 family biographies, a complete listing, by row, of the Japanese burials
including translations of the Japanese language stones), and a comprehensive alphabetical list of
the remaining non-Japanese burials."
The White River Valley Museum's quarterly newsletter the White River Journal's lead article of
January 2012 focused on the history of Auburn's Japanese Cemetery
In 1997 the city erected decorative archway and fencing around the Cemetery as part of the work of
the Auburn Arts Commission
During work on the Landmark Nomination,we anticipate meeting with members of the White River
Buddhist Temple to share our goals for the Japanese American Pioneer Cemetery, check data,and obtain
input Our previous work with this community suggests that this project will be met with enthusiasm and
support. The Auburn Reporter, a weekly newspaper follows community developments such as this, and
editor Mark Klaas has a particular interest in local history and the valley's Japanese-American community
We feel certain that they will help us further the word of this project with community members at large
The City would expand its website to include information on the existing designated landmarks as well as
highlight the Japanese Cemetery as a new landmark. The City would issue a press release and work with
the City Council to have recognition of the landmark at a City Council meeting.
4. Outline how the products will remain accessible and useful after the project is over
As is often the case,the Nomination for the Japanese American Pioneer Cemetery will become the go-to
his site.The Nomination will be available at the Museum for drop-indocumentforhistoryoftin visitors toP
access, as well as on the Museum's and city of Auburn's websites The cemetery itself is accessible to the
public at all times and the City would acknowledge the landmark status at the site.
5. Name the city staff who will oversee the project, and provide a project schedule, including a phasing
plan if applicable.
PATRICIA COSGROVE, MUSEUM DIRECTOR, will co-manage this project.She holds a Master of Arts in Museum
Studies and has directed the White River Valley Museum since 1990.
ELIZABETH CHAMBERLAIN, PLANNING MANAGER,will co-manage this project as well as connect the work of writing
the nomination with city officials and the Auburn City Council
HOLLY TAYLOR,PRINCIPAL OF PAST FORWARD NORTHWEST CULTURAL SERVICES will be contracted to write the
Nomination Taylor is finishing her Master of Arts in Architectural History, and has worked for several
decades in preservation in the Seattle area
Project Schedule:
Submit the Grant Application—October 2012
Draft Landmark Nomination Application—February 2013 to March 2013
Submit Nomination Application to King County Historic Preservation Officer—April 2013
King County Historic Preservation Officer Reviews Application—April 2013 to May 2013
Nomination Submitted to King County Landmarks Commission for Public Hearing—June 2013
Public Outreach—June 2013 to July 2013
Page 3 of 3
RES.E Page 192 of 247
4Culture Interlocal Cities 1 2012
Project Budget: Expenditures and Income
Provide a simple break-down of expenditures by category
Indicate specific use of requested 4Culture funds.
Grand total EXPENSE must equal grand total INCOME(city's cash contribution+requested 4Culture support)
See online Guidelines(http:/twww.4culture.org/apply/intedocalcAiesfindex.htm)for more information about
eligible expenses.
Provide any additional descriptive detail in the Budget Notes section(second page of this document).
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Holly Taylor, Past Forward NW 3,500 3,500
Kenneth (Greg)Watson, Commissioner $ 245* 245*
Kristi Lommen, Researcher/Historian $ 1,500*1,500*
tl
Patricia Cosgrove, Museum Director $ 825 825
Elizabeth Chamberlain, Planning Mgr $ 1,080 1,080
Mileage 100 100
ti
Photocopying,scanning, mailing, etc $ 250 250
volunteer,no cash exchange
Ti taW $ 4,000 3,500
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Page 1 of 2
RES.E Page 193 of 247
4Culture Interlocal Cities 1 2012
Rig Lga, gINCH-* 5HOko
Budget Notes can be valuable in clarifying your budget figures(previous page)in greater detail. Please use this
area to provide more information about how you arrived at your figures. Note each text box is limited to four lines.
Category:_ Note
CONSULTANT 40 hours @ $75 =$3,000 plus$500 for photography
Holly Taylor of Past Forward
NW Cultural Services
Kenneth (Greg)Watson City of Auburn Volunteer Landmarks Commissioner, 7 hours @ $35
Kristi Lommen Volunteer Researcher/Historian, 100 hours @$15
ADMINISTRATION 2 days FTE plus benefits
Patricia Cosgrove, Director
White River Valley Museum
Elizabeth Chamberlain 2 days FTE plus benefits
City of Auburn Planning
Manager
TRAVEL 55 cents a mile reimbursed to city staff members by the City of Auburn
PRODUCTION City of Auburn covers costs for photo copying oral histories,scanning
historic photographs, reproduction of historic photographs, mailing,etc
Page 2 of 2
RES.E Page 194 of 247
Forward
C Northwest Cultural Services) --
Post Office Box 13027
Burton, Washington 98013
holly(boastforwardnw.com
206 463.3168
September 28, 2012
Patricia Cosgrove, Director
White River Valley Museum
918 H Street SE
Auburn, WA 98002
RE: Japanese Pioneer Cemetery Landmark Nomination
Dear Patricia:
Thank you for the opportunity to provide an estimate for the costs of preparing a City of
Auburn (King County) Landmark nomination for the Japanese Pioneer Cemetery. The list of
tasks and estimate of time below are based on successful previous nominations to both the
King County Landmarks Register and the National Register of Historic Places.
Research and writing. 40 hours at a rate of $75/hour, total $3,000
Includes archival and other background research, site visits, interviews, drafting of
physical description and statement of significance, completion of landmark
registration form, consultation with community and professional reviewers, revisions
as needed, and submittal of final form.
Photography: $500 for time, travel and materials
Includes digital color photography, black and white film photography including
developing and printing, and scanning of historic Images as needed. While black and
white photography is not required by King County, it will enhance the nomination,
and will provide materials for potential future display or National Register submittal.
Total cost estimate: $3,500
I look forward to working with you and City of Auburn planning staff to document this
culturally rich historic landscape. Please let me know If I can provide additional information.
Sincerely,
1
Holly Taylor
Principal
RES.E Page 195 of 247
CITY OF
ADDURN` ... Peer B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn IAA 98003-4998 * www.dmubumma.us * 253-931-3000
September 25, 2012
4Culture
101 Prefontaine South
Seattle, WA 98104
Re Grant Application for Interlocal Cities Program
Dear 4Culture Panelists and Staff Members-
The City of Auburn works in partnership with the Museum, a 501(c)(3) organization, to
preserve and share history in the Auburn area. To that end, the Museum is applying to
4Culture on behalf of the City of Auburn, seeking support to produce the Landmark
Nomination for what is known as the Pioneer Cemetery in Auburn We thoroughly
support this endeavor
Located at an important cross roads in the north center of town lies a small triangular
lot on which have been buried many of this city's earliest residents and their decedents.
Due to passage of time, our history of wars and the flooding of rivers, it has become a
cemetery for those residents who either immigrated from Japan or their descendents. It
is complete with Japanese sculpted figures that honor and bless the travelers who pass
by this important crossroad
With the funding requested in this application, we will hire a consultant to research this
important and rare site, and prepare documentation to nominate the Pioneer
Cemetery to the roster of King County Landmarks. With that status in hand,we know
that other funding opportunities will become available This cemetery is a treasure, one
we honor, and wish to preserve and share with residents and visitors to our city for
generations to come.
Thank you for your careful consideration of this request
Sincerely,
Peter B Lewis
Mayor
cc: Patricia Cosgrove, Museum and Farm Director
AUBURN * MORE THAN YOU IMAGINED
RES.E Page 196 of 247
White River Buddhist Temple
3625 AUBUfIN WAY NORTH
AUBURN WASHINGTON 98002
PO BOX 856
AUf3UM WASHINGTON 98071-0£355
TEL (7.53) 833-1442 FAX. (7.53) 333-0915
P,AAIL. icrnl I C uvriiterivc;rb.idcitiistimpl rcl
October 5,2012
Flo Lentz
4Culture
101 Prefontaine Place South
Seattle, WA 98014
Regarding: Aubu ri's Pioneer Cemetery
Dear Ms. Lentz and Panel Members:
The White River Buddhist Temple supports the effort to nominate Auburn's Pioneer Cemetery for
status as a King County Landmark and looks forward to working with the City of Auburn and
White River Valley Museum staff members during this process.
I
Members of our congregation have invested many hours maintaining this cemetery. We feel that as
a King County Landmark,their work and the cemetery may be better preserved for the future. We
believe this cemetery is very important to the history of the Japanese American conununity in the
Auburn-Kent valley.
Many White River Temple members have buried their close family and indeed their ancestors at
this cemetery. Despite community care and city oversight,sculptures and headstones have gone
missing over the decades. Perhaps with the status of Landmark,the museum and city will be able to
apply for funds to craft replacements and install them with proper ceremony.
Your work is important and we value your tune reviewing the proposal put forth by our friends at
the White River Valley Museum.
Sincerely,
Dennis Asato
President, White River Buddhist Temple
Cc: Patricia Cosgrove,Director, White River Valley Museum
Elizabeth Chamberlain,Planning Services Manager, City of Auburn Planning and Development
RES.E Page 197 of 247
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or
subcontractors.
For All Coverages. Each insurance policy shall be written on an "Occurrence"form.
1 Minimum Scope of Insurance needed for this contract is as follows.
Commercial General Insurance Services Office form number(CG 00 01 Ed. 11-88)—Minimum
Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate
per project
Automobile Liability Covering all owned and non-owned and hired automobiles–Combined
Single Limit of$1,000,000 BI & PD
2. Deductibles and Self Insured Retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or
self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility
of the Contractor
3 Other Insurance Provisions
A. The insurance policies are to contain, or be endorsed to contain, the following provisions.
a) General Liability Policies
1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as
respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement.
2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary
insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by
4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in
any way
3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or
lawsuit is brought, except with respect to the limits of the insurer's liability
b) All Policies
1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as
reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or
nonrenewal of any policy required by this contract shall occur without thirty (30) days' prior written notice to 4Culture
4 Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no
less than A.VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size Vlll
5 Verification of Coverage
4Culture, reserves the right to request that contractor submit the certificate(s) of insurance evidencing compliance
with all requirements set forth above.
RES.E Page 198 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4923
Date:
March 11, 2013
Department:
Planning and Development
Attachments:
Res 4923
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council approve Resolution No. 4923
Background Summary:
Project Summary
The Fenster, Phase 2 project is listed in the City's 2013-2018 Capital Facilities Plan as
Project No. CP1016 (Municipal Parks Construction Fund, page 164). The project
involves the design, permitting, and construction of riparian, and floodplain restoration
with a focus on habitat enhancement for Chinook salmon and other salmonid species
listed as Threatened or Endangered under the federal Endangered Species Act. The
project will also provide improved floodwater conveyance and storage by ‘setting back'
and reconstructing approximately 700 feet of the existing Fenster Levee (revetment) and
the associated maintenance access road at the north end of Fenster Nature Park,
approximately 250 feet landward of its current location.
Project Funding Background
The project was initially awarded grant funds in 2009 and 2010, which in combination
with $35,000.00 in City of Auburn funds, fully funded the estimated $639,103.00 cost of
the project. In late 2011, the City learned that the Fenster Project would need to be
designed and constructed to a higher level of flood risk protection than previously
assumed due to the number of homes, streets, and infrastructure located in the vicinity of
the project. Project design and construction planning to that point had been based on
using a design approach similar to that used for the Fenster Phase 1 and Pautzke
revetment removal/levee setback projects, which have less homes and infrastructure
located in their immediate vicinity.
The higher level of flood risk protection required for this project necessitates the use of
greater quantities of rock and involves a greater amount of excavation and fill than the
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 199 of 247
conceptual design anticipated. As a result, the estimated cost of the project increased
from $639,103.00 to between $1,200,000.00 and $1,350,000.00. At the time the City was
notified of the higher estimated costs to construct the project, staff suspended further
work on design or construction of the project until additional funding could be located to
cover the higher costs. As part of the process to secure the additional funding, the City
submitted an application for Salmon Recovery Funding Board (SRFB) funds to the
Washington State Recreation and Conservation Office (RCO) requesting an additional
$327,353.00 for the project. The City received notice on December 10, 2012 that this
application was approved.
Amendment No. 2 to RCO grant 09-1429R provides the additional $327,353.00
requested for the project. These funds, in combination with a $300,000.00 from a grant
awarded by the King County Flood Control District for the project in 2012 (currently also
pending City acceptance), would secure the balance of the funding required for the
project. The RCO grant amendment requires that the City provide an additional ‘Local
Sponsor Match' of $57,768.00. A portion of the $300,000.00 Flood Control District grant
would provide the additional match required.
The total estimated cost of the project is $1,266,456.00. Other project funding is
comprised of the following sources:
- Salmon Recovery Fund Board Grant #09-1429 (initial award): $304,103.00
- Puget Sound Acquisition and Restoration Fund Grant: $100,000.00
- King Conservation District Grant: $200,000.00
- King County Contribution: $35,000.00 (in-kind technical services)
- City of Auburn: $35,000.00 (Storm Drainage Fund 432)
- King County Flood Control District Grant: $300,000.00
*Note: This grant has been awarded and the availability of these funds to the project is
pending City Council authorization for execution of the grant agreement. This is
scheduled to be considered as Resolution No. 4924 by the Planning and Community
Development Committee on March 7, 2013 under a separate agenda item.
All estimated expenses and projected revenue associated with the project, including the
additional revenue provided by the grant amendment and the additional City matching
funds required by the grant amendment have previously been budgeted for by the City.
The Planning and Community Development Committee reviewed Resolution No. 4923 at
their March 7, 2013 meeting and recommended approval to the City Council.
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 200 of 247
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Planning, Legal
Councilmember:Backus Staff:Tate
Meeting Date:March 18, 2013 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 201 of 247
RESOLUTION NO. 4 9 2 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT 2 TO
GRANT AGREEMENT RCO 09-1429R BETWEEN THE
CITY OF AUBURN AND THE WASHINGTON STATE
RECREATION AND CONSERVATION OFFICE FOR AN
INCREASE IN GRANT FUNDING
WHEREAS, The City of Auburn was awarded a grant of Three Hundred Four
Thousand, One Hundred Three dollars and no cents ($304,103 00) from the
Washington State Salmon Recovery Funding Board (SRFB) in 2009 in connection with
its Fenster Levee Setback and Floodplain Restoration Project (Phase II) ("Project"), and
WHEREAS, Grant Agreement No 09-1429R between the City of Auburn and the
Washington Recreation and Conservation Office (RCO) to provide those funds for the
Project was executed on April 15, 2010, and
WHEREAS, Amendment No 1 to Grant Agreement No 09-1429R increasing the
SRFB funds available to the Project to Four Hundred Thousand One Hundred Three
dollars and no cents ($404,103 00) was executed by the City of Auburn and RCO on
November 22, 2010, and
WHEREAS, the City has requested an amendment to the project agreement to
account for the City's unanticipated construction costs, and upon recommendation of
the WRIA 9 Forum, the SRFB has agreed to the amendment, and
WHEREAS, the amendment will result in Three Hundred Twenty-Seven
Thousand Three Hundred Fifty Three dollars and no cents ($327,353 00) in additional
Salmon Federal awarded funds to the City for the Project, but will require an additional
sponsor match of Fifty Seven Thousand Seven Hundred Sixty-Eight dollars and no
Resolution No 4923
February 28, 2013
Page 1 of 2RES.F Page 202 of 247
cents ($57,768 00) from the City; and
WHEREAS, it is in the public interest for the parties to enter into an agreement to
amend the project agreement with RCO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Agreement between the City and the Washington State Recreation and Conservation
Office to increase the grant amount, which agreement shall be in substantial conformity
with the agreement attached hereto as Exhibit A and incorporated herein by this
reference
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation
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
7xa-
Yaniel B Heid, City Attorney
Resolution No 4923
February 28, 2013
Page 2 of 2RES.F Page 203 of 247
y WASHINGTON STATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: City of Auburn Project Number- 09-1429R
Project Title. Fenster Levee Setback & Floodplain Restoratior Amendment Number: 2
Amendment Type
Cost Change
Amendment Description:
The project agreement is increased by $57,768 of sponsor match and$327,353 of Salmon Federal awarded to
project 12-1444 by the SRFB on December 6, 2012 to afford higher than anticipated setback levee construction
costs and project metrics are corrected to accurately reflect the restoration work.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Old Amount New Amount
Amount Amount
RCO - PSAR 100,00000 1565% 100,00000 976%
RCO -SALMON FED PROJ 304,10300 4758% 631,45600 6165%
Project Sponsor 235,00000 3677% 292,76800 2858%
Total Project Cost 639,10300 100% 1,024,224 00 100%
Admin Limit 000 000%000 000%
A&E Limit 147,48531 3000% 236,35938 3000%
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington City of Auburn
Recreation and Conservation Office
AGENCY:
BY: BY:
Kaleen Cottinqham
TITLE: Director
TITLE:
DATE 2-113---113
DATE
Pre-approved as to form
BY S/
Assistant Attorney General
SAL Project Cost Change Amendment
Salmon Funding Accounts Chaster 77 85 RCW Chapter 420 WAC
AMENAGR1 RPT
RES.F Page 204 of 247
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RES.F Page 205 of 247
Amendment Eligible Scope Activities
Project Sponsor- City of Auburn Project Number•09-1429
Project Title. Fenster Levee Setback & F000dplain Restoration II Project Type Restoration
Program: Salmon Federal Projects Amendment#• 2
Restoration Metrics
Worksite #1, Fenster Levee Setback Phase II
Targeted salmonid ESU/DPS Chinook Salmon-Puget Sound ESU,
Chum Salmon-Puget Sound/Strait of
Georgia ESU, Coho Salmon-Puget
Sound/Strait of Georgia ESU, Pink
Salmon-Odd year ESU,
Steelhead-Puget Sound DPS
Targeted species (non-ESU species) Bull Trout, Cutthroat
Project Identified In a Plan or Watershed Assessment: Green River Chapter of the Puget Sound
Chinook Recovery Plan, 2005
Type Of Monitoring Implementation Monitoring
Instream Habitat Project
Total Miles Of Instream Habitat Treated 015
Channel reconfiguration and connectivity
Type of change to channel configuration and connectivity-Creation/Connection to Off-Channel
Habitat
Miles of Stream Treated for channel reconfiguration and connectivity- 015
Miles of Off-Channel Stream Created 000
Acres Of Channel/Off-Channel Connected Or Added 25
2.5 acres of floodplain reconnected
Instream Pools Created/Added 2
Plant removal/control
Miles of Stream Treated for plant removal/control 015
Acres of Streambed Treated for plant removal/control 25
Streambank stabilization
Miles of Streambank Stabilized 015
Setback Levee
Riparian Habitat Project
Total Riparian Miles Streambank Treated 015
Total Riparian Acres Treated 25
Planting
Acres Planted in riparian 25
Cultural Resources
Cultural resources
Permits
Obtain permits
Architectural & Engineering
Architectural & Engineering (A&E)
AELIGREURPT February 11, 2013 Page- 1
RES.F Page 206 of 247
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RES.F Page 207 of 247
1
Amendment Special Conditions
Project Sponsor- City of Auburn Project Number: 09-1429 R
Project Title: Fenster Levee Setback & Floodplain Restoration II Amendment Number- 2
Special Conditions
ASPECCOND.RPT February 11, 2013 Page 1
RES.F Page 208 of 247
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RES.F Page 209 of 247
Amendment Agreement Description
Project Sponsor: City of Auburn Project Number: 09-1429 R
Project Title: Fenster Levee Setback & Floodplain Restoration II Amendment Number: 2
Agreement Description
The City of Auburn will use this funding reconnect the Green River(RM 32)with a portion of Its historic floodplain.The
project is located in the 2100 block of 2nd Street SE in Auburn, and adjacent to the downstream end of an intact two-milE
long riparian corridor within the city's Fenster Nature Park and King County's Auburn Narrows Natural Area.
The goals of the project are to restore degraded salmonid habitat and impaired river/floodplain functions in an urban
setting by:
1)improving instream salmonid habitat by re establishing a more complex channel cross section and riparian buffer,
2)increasing floodplain connectivity and function,
3)maintaining the existing level of flood protection for adjacent homes and infrastructure, and
4)where possible, providing for increased flood attenuation and flood storage.
This levee setback project builds upon prior SRFB funded restoration efforts by the city and county to set back or
completely remove all of the levees within a two-mile stretch of high quality habitat between this proposed project site
and the SR-18 bridge. The project will a)remove up to 800 feet of the existing Fenster revetment berm, rock, and the
associated gravel access road adjacent to the river channel; b)construct a new buried-toe revetment'setback levee'
approximately 300 feet landward of the river; and c)install flood fencing and riparian planting. The habitat improvements
will benefit Chum, Coho, and ESA-listed Puget Sound ESU Chinook salmon and steelhead that migrate through and
spawn in this reach. Project deliverables will include those listed in Manual 18 Appendixes D-2, D-3 and D-4.
AAGREEDSC.RPT February 11,2013 Page 1
RES.F Page 210 of 247
Amendment Eligible Scope Activities
Project Sponsor: City of Auburn Project Number:09-1429
Project Title: Fenster Levee Setback & Floodplain Restoration II Project Type:Restoration
Program: Salmon Federal Projects Amendment#: 2
Restoration Metrics
Worksite #1, Fenster Levee Setback Phase II
Targeted salmonid ESU/DPS• Chinook Salmon-Puget Sound ESU,
Chum Salmon-Puget Sound/Strait of
Georgia ESU, Coho Salmon-Puget
SoundlStrait of Georgia ESU, Pink
Salmon-Odd year ESU,
Steelhead-Puget Sound DPS
Targeted species(non-ESU species): Bull Trout, Cutthroat
Project Identified in a Plan or Watershed Assessment: Green River Chapter of the Puget Sound
Chinook Recovery Plan, 2005.
Type Of Monitoring Implementation Monitoring
Instream Habitat Project
Total Miles Of Instream Habitat Treated: 0.15
Channel reconfiguration and connectivity
Type of change to channel configuration and connectivity:Creation/Connection to Off-Channel
Habitat
Miles of Stream Treated for channel reconfiguration and connectivity- 0.15
Miles of Off-Channel Stream Created, 000
Acres Of Channel/Off-Channel Connected Or Added: 25
2.5 acres of floodplain reconnected
Instream Pools Created/Added: 2
Plant removal/control
Miles of Stream Treated for plant removal/control: 0.15
Acres of Streambed Treated for plant removal/control: 2.5
Streambank stabilization
Miles of Streambank Stabilized.0 15
Setback Levee
Riparian Habitat Project
Total Riparian Miles Streambank Treated 015
Total Riparian Acres Treated: 2 5
Planting
Acres Planted in riparian 2.5
Cultural Resources
Cultural resources
Permits
Obtain permits
Architectural & Engineering
Architectural & Engineering (A&E)
AELIGREURPT
February 11, 2013 Page: 1RES.F Page 211 of 247
Amendment Special Conditions
Project Sponsor: City of Auburn Project Number: 09-1429 R
Project Title: Fenster Levee Setback & Floodplain Restoration II Amendment Number; 2
Special Conditions
ASPECCOND.RPT February 11,2013 Page 1
RES.F Page 212 of 247
Amendment Special Conditions
1. SRFB Review Panel Special Condition:Due to the conceptual level of the current design, the SRFB Review Panelconditionedthisprojectforreviewandapprovalofthepreliminarydesigndocuments. The preliminary design drawings
and design report shall be provided to the RCO Grant Manager once complete. The Review Panel will require a 30-day
review period to provide comments to the project sponsor, once all documents have been provided. Permits should not
be applied for prior to Review Panel design review being completed.
ll. Habitat Restoration on State Owned Aquatic Lands:The Department of Natural Resources, Aquatics ProgramDNR) has determined that the In-water portion of this project occurs on state owned aquatic lands(SOAL)managed by
the DNR on behalf of the State of Washington, and finds the proposed activities are covered under the terms of DNR
Aquatic Lands Easement No. 51-082545(09-1429 PRISM attachments 22-23), granted to King County Flood Control
District in 2008.
1. Sponsor shall coordinate with DNR to secure a signed Appendix K Landowner Acknowledgement Form as soon
as possible.
2. Relative to the project proponents(Licensee)compliance with the terms of DNR Easement, the Licensee is
required to submit DARPA and Attachment E, with original signature, to DNR. Attachment E provides for the
Licensee to Indicate that an existing agreement is in place at the location of the project proposal.
3. The Licensee is responsible for compliance of all Easement terms, specifically Subsection 7.3 Construction,
Major Repair, Modification and Demolition.
Before restoration construction begins,you will need to:
secure authorization with the DNR to do the project on their land,
submit a copy of the DNR authorization to RCO Whatever the form, the authorization is not a permit, but a
contract to use the lands.
DNR recommends sponsors contact DNR's Aquatic Resources Program staff early in the design process, before
applying for permits in order to avoid delays in receiving an authorization and for the following reasons:
To ensure the land is available.
To determine if the proposed use is appropriate.
To avoid or minimize impacts to aquatic resources.
111. Cultural Resources Consultation:This project is subject to Governor's Executive Order 05-05 Archaeological and
Cultural Resources(EO 05-05)as described in Section 9 of this project agreement. RCO will need to initiate cultural
resources consultation following EO 05-05 for all ground disturbing activities. Completion of this consultation and a
Notice to Proceed from RCO will be required before these ground-disturbing activities can begin.
N. Construction and Design Build Project Deliverables:The project will meet the standards for Design and
Restoration Project Deliverables described in SRFB Manual 18 Appendix D-4"Construction and"Design Build"
Deliverables."The sponsor must complete three project development stages and provide the associated deliverables for
Preliminary project design, Final project design, and Construction phase. More specifically, the sponsor will provide RCO
the following:
A)Preliminary Design Deliverables(See Appendix D-2 for additional details) Preliminary Design Report, Drawings,
and Engineering Cost Estimate;
B) Final Design Deliverables,to be provided before construction: (See Appendix D-3 for additional details):
a) Design Review Comments;
b) Final Design Report and Drawings incorporating comments provided by stakeholders, SRFB, and/or permit
agencies regarding the preliminary design report and on-site review.
c) Technical Specifications for construction;
d) Final Construction Quantities and Costs;
e) Contract Bidding Documents and General Contract Conditions(unless the project will be built by sponsor
crew); and
f) Construction permits
C) Post Construction Deliverables(See Appendix D-4 for additional details):
a) "As-built" Drawings.
ASPECCOND.RPT February 11,2013 Page 2
RES.F Page 213 of 247
RECREATION AND CONSERVATION OFFICE FORM A-19 State of Washington
Agency Name
INVOICE VOUCHER
Sponsor's Certificate. I hereby certify under penalty of perjury that the Items
Recreation and Conservation Office and totals listed herein are proper charges for materials,merchandise or
P O Box 40917 services furnished to the State of Washington,and that all goods furnished
and/or services rendered have been provided without discrimination because
Olympia, WA 98504-0917 of age,sex,marital status,race,creed, color,national origin,handicap,
religion or Vietnam era or disabled veterans status.
Sponsor
BY
City of Auburn
25 W Main St
Auburn,WA 98001-4998 TITLE) DATE)
Category 4, Backup documentation to be submitted upon request
F,- - - -- --i t'.A•.. -{_ _.-'+^.YV_3 J:M Tra.;i%+'__:-`:°•s.r - - _ _ - 3"i3. .F+..'.=7 a.5- -T: __Li-fir.. xe'°"- '_:F'-. C1-^•^:_- r,9z _
Project Number- 09-1429 R Billing#Billing Period This is a Final Billing?
Project Name Fenster Levee Setback&Floodplain Ri 2 Fro m: To. Yes( j No( j
Previous_s=x"enditurasToD.ate'r _* _ = _ Costs For This Billing
Project Non-ReimbursableNoEj=Relmburs:Able' •"
CATEGORIES'Agreement -. X..end€tors: - Aifiourit':`' _ = =Total''*.__- Ex enditures Match Total
7.
Construction O;OOt~
A&E Q;00 9.0,
Development Total Q,00
1,024,224.00 0.00 0.00 0.00
FUNDING& EXPENDITURE FORMULA
For RCO Use ONLY
I iisRCO'Refmtiu seirierits_=k "`." -_u ; ;_i A rebment
Sponsor
H
2858437% $292,768,00 Total Billed 000
RCO Federal: Share Billed 0.00
RCO- SALMON FED PROJ 6165214% $631,456.00 Share Approved 0.00
RCO PSAR 976349% $100,000.00 Advance Balance 0.00
Match Owed Balance 0.00
Share Retained 000
Share Paid 0.00
Agreement Totat 10000000% $1,024,224 00 Match Bank 0.
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Project Manager/Date AccountinglDate
11NVOICE.RPT 2/11/2013
RES.F Page 214 of 247
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4924
Date:
March 11, 2013
Department:
Planning and Development
Attachments:
Res 4924
Exhibit A to Resolution - Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council approve Resolution No. 4924.
Background Summary:
Project Summary
The Fenster, Phase 2 project is listed in the City's 2013-2018 Capital Facilities Plan as
Project No. CP1016 (Municipal Parks Construction Fund, page 164). The project
involves the design, permitting, and construction of riparian, and floodplain restoration
with a focus on habitat enhancement for Chinook salmon and other salmonid species
listed as Threatened or Endangered under the federal Endangered Species Act. The
project will also provide improved floodwater conveyance and storage by ‘setting back'
and reconstructing approximately 700 feet of the existing Fenster Levee (revetment) and
the associated maintenance access road at the north end of Fenster Nature Park,
approximately 250 feet landward of its current location.
Project Funding Background
The project was initially awarded grant funds in 2009 and 2010, which in combination
with $35,000.00 in City of Auburn funds, fully funded the estimated $639,103.00 cost of
the project. In late 2011, the City learned that the Fenster Project would need to be
designed and constructed to a higher level of flood risk protection than previously
assumed due to the number of homes, streets, and infrastructure located in the vicinity of
the project. Project design and construction planning to that point had been based on
using a design approach similar to that used for the Fenster Phase 1 and Pautzke
revetment removal/levee setback projects, which have less homes and infrastructure
located in their immediate vicinity.
The higher level of flood risk protection required for this project necessitates the use of
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 215 of 247
greater quantities of rock and involves a greater amount of excavation and fill than the
conceptual design anticipated. As a result, the estimated cost of the project increased
from $639,103.00 to between $1,200,000.00 and $1,350,000.00. At the time the City was
notified of the higher estimated costs to construct the project, staff suspended further
work on design or construction of the project until additional funding could be located to
cover the higher costs. As part of the process to secure the additional funding, the City
submitted an application for Cooperative Watershed Management Grant funds to the
King County Flood Control District requesting an additional $300,000.00 for the project.
The City received notice from King County on October 12, 2012 that this application was
approved (King County administers this grant program on behalf of the King County
Flood Control District).
King County Grant No. 9.12.007 provides the additional $300,000.00 requested for the
project. These funds, in combination with an additional $327,353.00 from an amendment
to an existing Salmon Recovery Funding Board (SRFB) grant for the project awarded in
December 2012 (currently also pending City acceptance), would secure the balance of
the funding required for the project. The SRFB grant amendment requires the City to
provide an additional ‘Local Sponsor Match' of $57,768.00. A portion of the $300,000.00
from King County Grant No. 9.12.007 would provide the additional match required
The total estimated cost of the project is $1,266,456.00. Other project funding is
comprised of the following sources:
- Salmon Recovery Fund Board Grant #09-1429 (initial award): $304,103.00
- Puget Sound Acquisition and Restoration Fund Grant: $100,000.00
- King Conservation District Grant: $200,000.00
- King County Contribution: $35,000.00 (in-kind technical services)
- City of Auburn: $35,000.00 (Storm Drainage Fund 432)
- Salmon Recovery Funding Board Grant (Amendment 2): $327,353.00
*Note: This grant amendment has been awarded to the City and the availability of these
funds to the project is pending City Council authorization for execution of the grant
amendment agreement. This is scheduled to be considered as Resolution No. 4923 by
the Planning and Community Development Committee on March 7, 2013 under a
separate agenda item.
All estimated expenses and projected revenue associated with the project, including the
additional revenue provided by King County Grant No. 9.12.007 have previously been
budgeted for by the City.
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 216 of 247
The Planning and Community Development Committee reviewed Resolution No. 4924 at
their March 7, 2013 meeting and recommended approval to the City Council.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal, Planning
Councilmember:Backus Staff:Tate
Meeting Date:March 18, 2013 Item Number:RES.G
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 217 of 247
RESOLUTION NO. 4 9 2 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN
THE CITY OF AUBURN AND KING COUNTY FOR A
COOPERATIVE WATERSHED MANAGEMENT GRANT TO
BE USED FOR THE CITY'S FENSTER LEVEE SETBACK
AND FLOODPLAIN RESTORATION PROJECT (PHASE II)
WHEREAS, King County is the service provider to the King County Flood Control
District ("District") under the terms of an interlocal agreement ("ILA") by and between
King County and the District, dated February 17, 2009, as amended, and as service
provider implements the District's annual work program and budget; and
WHEREAS, in accordance with Resolution FCD2012-07 2 authorizing the King
County Executive to develop and administer a grant award program, King County has
established a grant award program to fund water quality and water resources and
habitat restoration and management projects and activities ("Cooperative Watershed
Management Award Program"), and,
WHEREAS, the District, upon recommendation of the WRIA 9 Forum, has
approved the City's request for Three Hundred Thousand Dollars and no cents
300,000 00) to be used in the Fenster Levee Setback and Floodplain Restoration
Project (Phase II), and
WHEREAS, it is in the public interest for the parties to enter into an agreement to
amend the project agreement with RCO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows
Resolution No 4924
February 28, 2013
Page 1 of 2RES.G Page 218 of 247
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Agreement between the City and King County to accept Cooperative Watershed
Management Grant Funds, which agreement shall be in substantial conformity with the
agreement attached hereto as Exhibit A and incorporated herein by this reference
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation
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
APPRO Q AS RM
Daniel B Heid, City Attorney
Resolution No 4924
February 28, 2013
Page 2 of 2RES.G Page 219 of 247
Exhibit A to Resolution No 4924
AWARD NUMBER 9.12.007
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF AUBURN AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Auburn (referred to herein as "Recipient"), for the purposes set forth herein This Agreement
shall be in effect from the date of execution to December 31, 2015
SECTION 1. RECITALS
1 1 Whereas, the King County Flood Control District("District") is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District, the District's governing body, passed
Resolution FCD2012-07.2 on May 14, 2012, authorizing the King County executive or
his designee to develop and administer a grant award program of up to $3 million in
2012 for water quality and water resources and habitat restoration and management
projects and activities allocated in the amounts of$1.2 million for WRIA 8, $1.2 million
for WRIA 9, and $600,000 for the Snoqualmie Watershed, provided that the project list
is approved by the District executive committee,
1 4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program to fund
water quality and water resources and habitat restoration and management projects and
activities ("Cooperative Watershed Management Award Program"),
1.5 Whereas, the Recipient has submitted an application to the WRIA 9 Forum for the
Project and the Forum has recommended the Project for funding under the Cooperative
Watershed Management Grant Program in accordance with King County's Cooperative
Watershed Management Grant Program Policies and Procedures, a copy of which has
been furnished by King County to the Recipient and which are incorporated herein by
this reference ("Grant Policies and Procedures"),
1 6 Whereas the District's Executive Committee has received a list of proposed projects that
includes the Project, as described in Exhibit A attached hereto and incorporated herein
by this reference, and the Executive Committee has approved the Project for funding up
to the amount of$300,000 00,
Page 1 of 16
RES.G Page 220 of 247
t
2 12 The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13 The Recipient agrees to acknowledge the District as a source of funding for this project
on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3 1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The
parties contemplate that this Agreement may from time to time be modified by written
amendment which shall be executed by duly authorized representatives of the parties and
attached to this Agreement.
34 Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative
3 5 The Project shall be completed by no later than December 31, 2015 In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and request and receive any unexpended Award
funds that may be held by the Recipient.
36 This Agreement may be signed in multiple counterparts.
3 7 If any provision of this Agreement or of any other agreement, document or writing
pursuant to or in connection with this Agreement, shall be wholly or partially invalid or
unenforceable under applicable law, said provision will be ineffective to that extent only,
without in any way affecting the remaining parts or provision of said agreement, provided
that the remaining provisions continue to effect the purposes of this Agreement.
3 8 The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
Page 4 of 16
RES.G Page 221 of 247
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isu[ aqlgogmiojreo,fuoijupdoidduaqljoosoioogllu3jummlIpmjuauaa.?dsly
apuwsiuojuidoidduBonsoujl •jaoMjoodooSoqjalaidwooofpounoDXlunoD5u?I
aqlXqspun]luaogjnsjouoijuiAoidduoqluodnluo2uquooonsuoju2[gos,,CjunoD
RES.G Page 222 of 247
Partner with the Veteran's Conservation
Corps to accomplish the planting,with
King County WLRD providing technical
oversight.
6 Implement Post construction monitoring of the project site December 20,000
monitoring will be performed for a minimum of three(3) 2014,
years by the City of Auburn or its contractors. December
Performance measures will be based on final 2015,and
design and are anticipated to include the following December
areas and attributes of monitoring- 2016
Restoration of natural river processes within
project site
Channel migration(annual GPS/survey),
Large wood recruitment;
Bank erosion(measured as part of annual GPS
survey)and an estimation of sediment/gravel
recruitment(estimation of volume,by grain
size),and
Formation of new off-channel and backwater
areas(visual observation, photo
documentation)
Stream Characteristics(pre-construction data
available)
Bankfull Width(m)
Flood Prone Width(m)
Mean Residual Pool Vertical Profile Area
m2/reach)
Mean Residual Pool Depth(cm)
Channel Constraints(pre-construction data
available)
Height of Constraining Feature(m)
Average Channel Capacity(m3)
Channel Constraint Removed (y/n)
Maintenance of flood protection on and near
project site
Location/extent of seasonal versus year round
surface waters on site(GPS/survey),
Coordinating with the City of Auburn's
Stormwater Utility and Floodplain
Management staff and King County Flood
Control District to identify whether there are
any significant changes in off-site flood
conditions or events noted in the vicinity of
the project;and
As part of the project design,the incremental
Page 8 of 16
RES.G Page 223 of 247
volumetric flood storage contribution of the
levee setback and reconnected floodplain
area will be calculated and reported Post
construction monitoring will include
estimating flows and/or volumes of seasonal,
year round, peak flow,and low flow-
associated surface waters on the site.
Vegetation and habitat on project site:
Planted native species survival,diversity,and
areal canopy coverage
Establishment of native volunteers(by species
and extent,based on count of individuals
and/or estimated areal canopy coverage)
Presence of invasive non-native plant species
by species and extent, based on count of
individuals and/or estimated areal canopy
coverage)
Site will be monitored for the maintenance of
project habitat features(i.e. large wood
assemblages)as well as the formation of new
habitat features and areas as the result of
natural river processes overtime.
Monitoring will assess biotic elements
associated with in-stream and riparian habitat
function,including assessing benthic
invertebrate presence and the re-
establishment of native riparian and over-
water tree and shrub canopy
9 Acknowledge the A list of how and where acknowledgement was June 2014 4,487
King County Flood made
Control District
funding in signage,
and any pertinent
publication in
electronic or printed
form as provided in
the Grant Policies
and Procedures
10 Prepare final report Final report June 2014 0
in the format
described in Exhibit
F of this Agreement
Page 9 of 16
RES.G Page 224 of 247
r
EXHIBIT C: BUDGET
Item Description Award Share Match Match source
yPlans anti Specifications u
Design King County Water and Land Resources 18,000.00
Construction Engineering King County Water and
Land Resources 12,000.00
Salmon Recovery
Funding Board $87,096
King Conservation
District grant:$37,552,
Puget Sound Acquisition
and Restoration Fund
18,780
Total Plans and Specifications 30,000.00 $150,000.00 • City of Auburn $6,572
COilstructfon,
Setback Trench Cut(re-used) King County Roads
26,200 00 CY @ $14.00/CY 157,940.00
Rip Rap(matl,delivery and placement) King
County Roads 1,200 CY @$73.10/CY 21,49000
Planting City,Veteran's Conservation Corps,
and/or private contractor$20,000(lump sum) 20,000.00
Signage Sign material,creation of sign faces,
mounting,labor,and sales tax for project
signage, plus approximately 20 perimeter signs
including two larger entry signs at 2nd St SE and
4`h St SE)and at least three interpretive signs.
Cost is an estimate.Vendor/contractor(s)to be
determined 4,098.00
Construction Management King County Water
and Land Resources 15,00000
Subtotal Construction 218,528.00
Sales Tax @ 9.5% 20,760.16
Sub 239,288.16
Contingency (appx.8.4%of total contingency
allocation of($852,120) 10,71144
SRFB#12-1444 $503,203
KCD grant:$135,379
PSAR $67,682
a
Total Construction 249,999.60 $729,955.00 • City of Auburn$23,691
Implementation monitoring,:
Site monitoring(Contractor to be determined) 20,00000
Total Implementation monitoring 20,000.00
Other
GRAND TOTAL 300,000.00 $879,955.00
Page 10 of 16
RES.G Page 225 of 247
EXHIBIT D: REQUEST FOR PAYMENT AND PROGRESS REPORT
KINGCOUN 1 1 I
Water and Land Resources Division
FLOOD CONTROL River and Floodplain Management Section L-9
D I S T R I C T King County
King County Cooperative Watershed Management Grant Payment Request
Date Request number
Recipient Name City of Auburn
Contact Name
Phone
Address 1
Address 2
City,State,Zip Code
Request# Dates (beginning&end date for this claim)
Instructions: Complete this spreadsheet and attach your financial/accounting system reports to document all expenses
PROJECT NAME Fenster-Construction Cost Increase AWARD# 9.12.007
Budget Line Item
From Exhibit B Amount of all Balance
Budget) Budgeted Current Request Previous Requests Remaining
S
S
S
S
S
S
S
S
S
TOTALS.
Amount from Current Request above requested as an advance
EXPLANATION
Page 1 I of 16
RES.G Page 226 of 247
KING COUNTYI'Am
FLOOD CO Water and Land Resources Division
D I S T R I C T
River and Floodplain Management Section
King County
COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT
Date 01/00/00
PROJECT Fenster-Construction Cost Increase
AWARD NUMBER 9.12.007
Recipient Name 0
Contact Name 0
Phone 0
Address 1 0
Address 2 0
City,State,Zip Code 0
Request#0
Dates (beginning&end date for this
claim) 0
DELIVERABLES: Progress/Status/percentage completed(note
SCOPE OF WORK ITEM approximate or actual dates)
1)
2)
Page 12 of 16
RES.G Page 227 of 247
Y
3)
4)
5)
Add more pages if necessary
Please mail or e-mail all documents to:
Katrina Johnston
Water and Land Resources Division
Department of Natural Resources and Parks
KSC-N R-0600
201 South Jackson
Street,Suite 600
Seattle,WA 98104-3855
Phone 206-263-0478 Fax. 206-205-5134 Email katrina.johnston @kingcounty.gov
Page 13 of 16
RES.G Page 228 of 247
EXHIBIT E
CLOSE-OUT REPORT
Recipient City of Auburn AWARD# 9.12.007
Project title Fenster-Construction Cost Increase
Project start and end dates
Total award
Total spent
Amount due at close-out
Total unspent
Submit the following:
Checklist
Previously AttachedPROGRAMMATICCLOSE-OUT Submitted
1 Letter(s)of commitment from key partners
2 Final report documenting the successful completion of the project
according to the exhibit A.Scope of Work&timeline in your
agreement.
3 Documentation of measurement methods and timelines and any
results to date.
FOLLOWING ITEMS TO BE INCLUDED AS APPLICABLE
KCFCD
acknowledge-
ment
4 Selection of outreach materials, such as. handouts,
brochures, posters, newspaper clippings, press releases,
and web page screen hard copies
5 Copies of selected printed materials,created for the
project or about it,&/or other items that illustrate the
successful completion of the project
6 Selected copies of pictures,film,video, PowerPoint
presentation in CD, DVD,email&/or documentation
presenting your project, if applicable
FINANCIAL CLOSE-OUT
7 Attach receipts&/or auditable accounting detail (may include
ledger-based copies,cancel checks, &payroll records)
8. Documentation of cash and in-kind match
CONTINUED
Page 14 of 16
RES.G Page 229 of 247
King County Cooperative Watershed Management Fiscal Close-Out
Date
Recipient Name City of Auburn
Fenster-Construction Cost
PROJECT NAME Increase AWARD# 9.12.007
AWARD
Budget Line Item Amount of all
From Exhibit B Budget) Budgeted Previous Requests Balance Forfeited
TOTALS:
MATCH
Item Budgeted Actual Balance Source
NOTES
CONTINUED
Page 15 of 16
RES.G Page 230 of 247
r
PROVISIONS
By signing this Financial CLOSEOUT, I an authorized representative of the
above named award recipient (RECIPIENT), confirm that I have examined the information contained herein and
that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind
contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT
between RECIPIENT and King County(COUNTY)
I hereby acknowledge that there are no further expenses associated with this project,nor any pending or future
claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B
Budget)of the AGREEMENT I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT
including, but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated
according to the terms of the AGREEMENT and the right to examine records. I further understand that the
COUNTY, upon examining the financial close-out and the final report submitted by the RECIPIENT will determine
the amount of the balance due to the RECIPIENT
i
SIGNED DATE
Approved for Close-Out Not approved for close-out
EXAMINER SIGNATURE: DATE:
Notes:
END OF EXHIBIT E
Page 16 of 16
RES.G Page 231 of 247
Page 1 of 16
AWARD NUMBER 9.12.007
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF AUBURN AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Auburn (referred to herein as “Recipient”), for the purposes set forth herein. This Agreement
shall be in effect from the date of execution to December 31, 2015.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District, the District’s governing body, passed
Resolution FCD2012-07.2 on May 14, 2012, authorizing the King County executive or
his designee to develop and administer a grant award program of up to $3 million in
2012 for water quality and water resources and habitat restoration and management
projects and activities allocated in the amounts of $1.2 million for WRIA 8, $1.2 million
for WRIA 9, and $600,000 for the Snoqualmie Watershed, provided that the project list
is approved by the District executive committee;
1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program to fund
water quality and water resources and habitat restoration and management projects and
activities (“Cooperative Watershed Management Award Program”);
1.5 Whereas, the Recipient has submitted an application to the WRIA 9 Forum for the
Project and the Forum has recommended the Project for funding under the Cooperative
Watershed Management Grant Program in accordance with King County’s Cooperative
Watershed Management Grant Program Policies and Procedures, a copy of which has
been furnished by King County to the Recipient and which are incorporated herein by
this reference (“Grant Policies and Procedures”);
1.6 Whereas the District’s Executive Committee has received a list of proposed projects that
includes the Project, as described in Exhibit A attached hereto and incorporated herein
by this reference, and the Executive Committee has approved the Project for funding up
to the amount of $300,000.00;
RES.G Page 232 of 247
Page 2 of 16
1.7 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto
and incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies
and Procedures;
1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the
Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to award the Recipient an award in the total amount of $300,000.00
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A of this Agreement. King County
shall pay the Recipient in accordance with the Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Budget Project. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees to return to King
County any portion of the Award that is not expended or remains after completion of the
Scope of Work.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of nos. 2) and 3) below, and have been approved by
the County as being within such scopes; 2) The activities are specified in the Scope of
Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work
and are authorized by this award as identified in the Budget of this Agreement; 4) such
activities and expenses otherwise comply with all other terms of this Agreement; and 5)
reimbursements shall be paid to the Recipient only after this Agreement has been fully
executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report, attached hereto and incorporated herein as Exhibit
D, for those documented and allowable expenses identified in the Budget and according
to the rules set forth in the Grant Policies and Procedures. A progress report (with or
without a request for payment) shall be made no less frequently than every six months
after the effective date of this Agreement nor more frequently than every three months
RES.G Page 233 of 247
Page 3 of 16
after the aforementioned date. Advances are allowable only for anticipated expenses to
be incurred in the next three months from the date of submission of the Request for
Payment for work that is included in the Scope of Work of this Agreement, and identified
as such in the Request. Documentation of payments made from advances shall be
submitted to King County prior to any further requests for payment. No advances shall
exceed 80% of the total Award. The final request for payment shall be submitted with the
Final Report described in Section 2.5 of this Agreement and shall be no less than 20% of
the Award.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient’s completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work and submit a Close-out Report
(Exhibit E of this Agreement). The final report shall, among other things, summarize the
project’s successes and shall address the watershed benefits accomplished by the work in
a format provided by King County for this purpose as set forth in the Grant Policies and
Procedures.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles further described in Section 2.7
below and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
RES.G Page 234 of 247
Page 4 of 16
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for this project
on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The
parties contemplate that this Agreement may from time to time be modified by written
amendment which shall be executed by duly authorized representatives of the parties and
attached to this Agreement.
3.4 Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5 The Project shall be completed by no later than December 31, 2015. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and request and receive any unexpended Award
funds that may be held by the Recipient.
3.6 This Agreement may be signed in multiple counterparts.
3.7 If any provision of this Agreement or of any other agreement, document or writing
pursuant to or in connection with this Agreement, shall be wholly or partially invalid or
unenforceable under applicable law, said provision will be ineffective to that extent only,
without in any way affecting the remaining parts or provision of said agreement, provided
that the remaining provisions continue to effect the purposes of this Agreement.
3.8 The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
RES.G Page 235 of 247
Page 5 of 16
County’s obligations are contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney’s Office
as of July 15, 2012.
KING COUNTY:
RECIPIENT:
By By
Mark Isaacson Name
Division Director, Water and Land
Resources Division, King County Title
Department of Natural Resources and
Parks
Date Date
RES.G Page 236 of 247
Page 6 of 16
EXHIBIT A: Project Description
WRIA APPLICANT PROJECT DESCRIPTION REQUEST MATCH
9
City of
Auburn
Fenster-
Construction
Cost Increase
This funding will match over $900,000
in SRFB, PSAR, and King Conservation
District funds towards the final design
and construction of a levee setback
along an 800-foot reach of the Green
River. This will provide for a larger
channel migration zone.
$300,000.00
RES.G Page 237 of 247
Page 7 of 16
EXHIBIT B: SCOPE OF WORK
TASK DELIVERABLES DATES SHARE OF
AWARD
1. Project
management
• Contract with King County Water and Land
Resources Division through a technical services
agreement to develop the final project design,
provide construction management services,
and obtain plant stock and oversee the native
planting elements of the project.
• Contract with King County Department of
Transportation, Roads Division to construct the
levee setback through an interlocal agreement
to address the construction services to be
provided by the Roads Division.
• Manage both agreements and all grants
providing funding for the project.
• Obtain any temporary construction easements
that may be required.
Nov 2012 -
December
2014
$0
2. Complete final
design plans
King County WLRD and King County Flood Control
District to finalize the structural (earthwork)
design elements of the levee setback.
April 2013 $30,000
3. Construction
earthwork for levee
setback
Commencement of on-site work (earthwork)
associated with removal of the existing revetment
and construction of the new revetment. Includes
construction management by King County WLRD.
Deliverables: Initiation of on-site project
mobilization and early construction phase
activities, including one or more of the following:
• Installation of temporary erosion and
sedimentation control (TESC) measures,
• On-site staging of equipment and
material
• Clearing and grubbing
• Removal of existing revetment and toe
rock
June 2013-
September
2013
$223,613
5. Complete site
revegetation with
native plants
Prepare a planting plan that will be used to
revegetate disturbed areas. Look for opportunities
to re-establish native conifer species on the site.
Deliverables:
• A planting plan that identifies specific
species, sizes, quantities, arrangements,
and locations for revegetation is
scheduled to be completed as part of the
permit-ready plan set by
December
2012 - April
2014
$21,900
RES.G Page 238 of 247
Page 8 of 16
• Partner with the Veteran’s Conservation
Corps to accomplish the planting, with
King County WLRD providing technical
oversight.
6. Implement
monitoring
Post construction monitoring of the project site
will be performed for a minimum of three (3)
years by the City of Auburn or its contractors.
Performance measures will be based on final
design and are anticipated to include the following
areas and attributes of monitoring:
Restoration of natural river processes within
project site:
• Channel migration (annual GPS/survey);
• Large wood recruitment;
• Bank erosion (measured as part of annual GPS
survey) and an estimation of sediment/gravel
recruitment (estimation of volume, by grain
size); and
• Formation of new off-channel and backwater
areas (visual observation, photo
documentation)
• Stream Characteristics (pre-construction data
available)
o Bankfull Width (m)
o Flood Prone Width (m)
o Mean Residual Pool Vertical Profile Area
(m2/reach)
o Mean Residual Pool Depth (cm)
• Channel Constraints (pre-construction data
available)
o Height of Constraining Feature (m)
o Average Channel Capacity (m3)
o Channel Constraint Removed (y/n)
Maintenance of flood protection on and near
project site:
• Location/extent of seasonal versus year round
surface waters on site (GPS/survey);
• Coordinating with the City of Auburn’s
Stormwater Utility and Floodplain
Management staff and King County Flood
Control District to identify whether there are
any significant changes in off-site flood
conditions or events noted in the vicinity of
the project; and
• As part of the project design, the incremental
December
2014,
December
2015, and
December
2016
$20,000
RES.G Page 239 of 247
Page 9 of 16
volumetric flood storage contribution of the
levee setback and reconnected floodplain
area will be calculated and reported. Post
construction monitoring will include
estimating flows and/or volumes of seasonal,
year round, peak flow, and low flow-
associated surface waters on the site.
Vegetation and habitat on project site:
• Planted native species survival, diversity, and
areal canopy coverage
• Establishment of native volunteers (by species
and extent, based on count of individuals
and/or estimated areal canopy coverage)
• Presence of invasive non-native plant species
(by species and extent, based on count of
individuals and/or estimated areal canopy
coverage)
• Site will be monitored for the maintenance of
project habitat features (i.e. large wood
assemblages) as well as the formation of new
habitat features and areas as the result of
natural river processes over time.
• Monitoring will assess biotic elements
associated with in-stream and riparian habitat
function, including assessing benthic
invertebrate presence and the re-
establishment of native riparian and over-
water tree and shrub canopy.
9 Acknowledge the
King County Flood
Control District
funding in signage,
and any pertinent
publication in
electronic or printed
form as provided in
the Grant Policies
and Procedures
A list of how and where acknowledgement was
made
June 2014 $4,487
10 Prepare final report
in the format
described in Exhibit
F of this Agreement
Final report June 2014 $0
RES.G Page 240 of 247
Page 10 of 16
EXHIBIT C: BUDGET
Item Description Award Share Match Match source
Plans and Specifications
Design King County Water and Land Resources $18,000.00
Construction Engineering King County Water and
Land Resources $12,000.00
Total Plans and Specifications $30,000.00 $150,000.00
• Salmon Recovery
Funding Board: $87,096
• King Conservation
District grant: $37,552;
• Puget Sound Acquisition
and Restoration Fund :
$18,780
• City of Auburn: $6,572
Construction
Setback Trench Cut (re-used) King County Roads
26,200.00 CY @ $14.00/CY $157,940.00
Rip Rap (matl, delivery and placement) King
County Roads 1,200 CY @ $73.10/CY $21,490.00
Planting City, Veteran’s Conservation Corps,
and/or private contractor $20,000 (lump sum) $20,000.00
Signage: Sign material, creation of sign faces,
mounting, labor, and sales tax for project
signage; plus approximately 20 perimeter signs
(including two larger entry signs at 2nd St SE and
4th St SE) and at least three interpretive signs.
Cost is an estimate. Vendor/contractor(s) to be
determined $4,098.00
Construction Management King County Water
and Land Resources $15,000.00
Subtotal Construction $ 218,528.00
Sales Tax @ 9.5% $20,760.16
Sub $239,288.16
Contingency (appx. 8.4% of total contingency
allocation of ($852,120) $10,711.44
Total Construction $249,999.60 $729,955.00
• SRFB #12-1444: $503,203
• KCD grant: $135,379
• PSAR: $67,682
• City of Auburn $23,691
Implementation monitoring
Site monitoring (Contractor to be determined) $20,000.00
Total Implementation monitoring $20,000.00
Other
GRAND TOTAL $300,000.00 $879,955.00
RES.G Page 241 of 247
Page 11 of 16
EXHIBIT D: REQUEST FOR PAYMENT AND PROGRESS REPORT
Water and Land Resources Division
River and Floodplain Management Section
King County Cooperative Watershed Management Grant Payment Request
Date Request number
Recipient Name City of Auburn
Contact Name
Phone
Address 1
Address 2
City, State, Zip Code
Request # Dates (beginning & end date for this claim)
Instructions: Complete this spreadsheet and attach your financial / accounting system reports to document all expenses
PROJECT NAME Fenster-Construction Cost Increase AWARD # 9.12.007
Budget Line Item
(From Exhibit B
Budget) Budgeted Current Request
Amount of all
Previous Requests
Balance
Remaining
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTALS: $ - $ - $ - $ -
Amount from Current Request above requested as an advance
EXPLANATION:
RES.G Page 242 of 247
Page 12 of 16
Water and Land Resources Division
River and Floodplain Management Section
COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT
Date 01/00/00
PROJECT Fenster-Construction Cost Increase
AWARD NUMBER 9.12.007
Recipient Name 0
Contact Name 0
Phone 0
Address 1 0
Address 2 0
City, State, Zip Code 0
Request # 0
Dates (beginning & end date for this
claim) 0
SCOPE OF WORK ITEM
DELIVERABLES: Progress / Status/percentage completed (note
approximate or actual dates)
1)
2)
RES.G Page 243 of 247
Page 13 of 16
3)
4)
5)
Add more pages if necessary
Please mail or e-mail all documents to:
Katrina Johnston
Water and Land Resources Division
Department of Natural Resources and Parks
KSC-NR-0600
201 South Jackson
Street, Suite 600
Seattle, WA 98104-3855
Phone: 206-263-0478 Fax: 206-205-5134 Email: katrina.johnston@kingcounty.gov
RES.G Page 244 of 247
Page 14 of 16
EXHIBIT E
CLOSE-OUT REPORT
Recipient City of Auburn AWARD # 9.12.007
Project title Fenster-Construction Cost Increase
Project start and end dates
Total award $
Total spent $
Amount due at close-out $
Total unspent $
Submit the following:
PROGRAMMATIC CLOSE-OUT
Checklist
Previously
Submitted Attached
1. Letter(s) of commitment from key partners
2. Final report documenting the successful completion of the project
according to the exhibit A: Scope of Work & timeline in your
agreement.
3. Documentation of measurement methods and timelines and any
results to date.
FOLLOWING ITEMS TO BE INCLUDED AS APPLICABLE
KCFCD
acknowledge-
ment
4. Selection of outreach materials, such as: handouts,
brochures, posters, newspaper clippings, press releases,
and web page screen hard copies
5. Copies of selected printed materials, created for the
project or about it, &/or other items that illustrate the
successful completion of the project
6. Selected copies of pictures, film, video, PowerPoint
presentation in CD, DVD, email &/or documentation
presenting your project, if applicable
FINANCIAL CLOSE-OUT
7. Attach receipts &/or auditable accounting detail (may include:
ledger-based copies, cancel checks, & payroll records)
8. Documentation of cash and in-kind match
CONTINUED
RES.G Page 245 of 247
Page 15 of 16
King County Cooperative Watershed Management Fiscal Close-Out
Date
Recipient Name City of Auburn
PROJECT NAME
Fenster-Construction Cost
Increase AWARD # 9.12.007
AWARD
Budget Line Item
(From Exhibit B Budget) Budgeted
Amount of all
Previous Requests Balance Forfeited
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
TOTALS: $ - $ - $ -
MATCH
Item Budgeted Actual Balance Source
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ - $ - $ -
NOTES
CONTINUED
RES.G Page 246 of 247
Page 16 of 16
PROVISIONS
By signing this Financial CLOSEOUT, I ______________________, an authorized representative of the
above named award recipient (RECIPIENT), confirm that I have examined the information contained herein and
that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind
contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT
between RECIPIENT and King County (COUNTY).
I hereby acknowledge that there are no further expenses associated with this project, nor any pending or future
claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B
(Budget) of the AGREEMENT. I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT
including, but not limited to, the return of COUNTY funds that are unspent or whose spending is unsubstantiated
according to the terms of the AGREEMENT and the right to examine records. I further understand that the
COUNTY, upon examining the financial close-out and the final report submitted by the RECIPIENT will determine
the amount of the balance due to the RECIPIENT.
SIGNED_____________________________________________________ DATE ____________
Approved for Close-Out Not approved for close-out
EXAMINER SIGNATURE: _________________________ DATE: ______________
Notes:
END OF EXHIBIT E
RES.G Page 247 of 247