HomeMy WebLinkAbout04-01-2013 4-1-2013 COUNCIL AGENDA PACKET
City Council Meeting
April 1, 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. Appointments to Board and Commissions
Human Services Committee
City Council to confirm the following appointment to the Human Services
Committee for a new three year term expiring December 31, 2015:
Albert J. Vaughns
During a recent audit of all boards and commissions it was discovered that a
few reappointments were missed from members still actively serving and
these are being processed for the records to be accurate.
Parks & Recreation Board
City Council to confirm the following reappointments to the Parks and
Recreation Board for a three year term expiring December 31, 2014:
Vicki Gilthvedt
Julie Parascondola
Transportation, Transit and Trails
City Council to confirm the following reappointment to the Transportation,
Transit and Trails committee for a three year term expiring December 31,
2013:
James Fletcher
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
No public hearing is scheduled for this evening.
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
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Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
1. March 25, 2013 Minutes* (Peloza)
B.Planning & Community Development
1. March 25, 2013 Minutes* (Backus)
C.Public Works
1. March 18, 2013 Minutes* (Wagner)
D.Finance
1. March 18, 2013 Minutes* (Partridge)
E.Les Gove Community Campus
1. March 27, 2013 Agenda* (Wagner)
F.Council Operations Committee
IV.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. March 18, 2013 Minutes*
B. Claims Vouchers (Partridge/Coleman)
Claims check numbers 421291 through 421591, in the amount of $1,320,530.11
and dated April 1, 2013.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533690 through 533721 in the amount of $283,042.12
electronic deposit transmissions in the amount of $1,260,268.29 for a grand total of
$1,543,310.41 for the period covering March 14, 2013 - March 27, 2013.
D. Public Works Consultant Agreement No. AG-C-431 (Wagner/Dowdy)
City Council grant permission to enter into Consultant Agreement No. AG-C-431
with FCS Group, Inc. for the Water, Sewer, and Stormwater Cost of Service Rate
and Charge Study
(ACTION REQUESTED: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
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VI.NEW BUSINESS
There is no new business.
VII.ORDINANCES
A. Ordinance No. 6452* (Wagner/Dowdy)
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
(ACTION REQUESTED: City Council adopt Ordinance No. 6452.)
B. Ordinance No. 6457* (Peloza/Tate)
An Ordinance of the City Council amending Chapters 6.01 and 6.04 of the Auburn
City Code relating to Animal Control and Licensing
(ACTION REQUESTED: City Council adopt Ordinance No. 6457.)
VIII.RESOLUTIONS
A. Resolution No. 4916* (Partridge/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
(ACTION REQUESTED: City Council adopt option one or option two of
Resolution No. 4916.)
B. Resolution No. 4927* (Peloza/Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance of a grant from King Conservation District and authorizing the Mayor
and City Clerk to execute the necessary agreements to accept said funds
(ACTION REQUESTED: City Council adopt Resolution No. 4927.)
C. Resolution No. 4930* (Peloza/Heid)
A Resolution of the City Council of the City of Auburn, Washington, approving
placing the King County County-wide 2014-2019 Medic One/Emergency Medical
Services (EMS) levy on the ballot
(ACTION REQUESTED: City Council adopt Resolution No. 4930.)
D. Resolution No. 4931* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to accept a federal grant to be administered through the Washington State
Department of Transportation for the Citywide Guardrail Improvements Project
(ACTION REQUESTED: City Council adopt Resolution No. 4931.)
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.
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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:
March 25, 2013 Minutes
Date:
March 28, 2013
Department:
Police
Attachments:
March 25, 2013 Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:April 1, 2013 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 131
Municipal Services Committee
March 25, 2013 - 3:30 PM
City Hall Council Conference Room
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room
of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John
Partridge.
Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of
Police Bill Pierson, Finance Director Shelley Coleman, Parks, Arts and Recreation
Director Daryl Faber, Innovation and Technology Director Ron Tiedeman, Acting
Planning and Development Director Jeff Tate, Assistant City Attorney Steven
Gross, Administrative/Business Services Manager Darcie Hanson, Emergency
Preparation Manager Sarah Miller, Auburn Municipal Airport Manager Jamelle
Garcia, Planner Gary Yao and Police Secretary/Scribe Terry Mendoza. Others
present: Citizen Scot Pondelick and Auburn Reporter representative Robert
Whale.
B. Announcements
C. Agenda Modifications
A modification was made to add Street Median Maintenance as a discussion item
to the agenda.
Director Faber and Planner Gary Yao provided an update to the committee
regarding the finalized Street Median Maintenance design standards and
guidelines. This working document is now completed and approved and the
information has been added to the City's website allowing public access.
Since implementing the guidelines improvements have been made to two areas in
the City of Auburn based on these standards. Vice Chair Osborne thanked
Director Faber and Planner Yao for their hard work in getting this completed and
implemented. Chair Peloza concurred and stated that the citizens will appreciate
this and be more proud of their City and the beautification.
II. CONSENT AGENDA
A. February 25, 2013 Meeting Minutes
Vice Chair Osborne moved to accept the Minutes as presented. Member
Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ACTION
A. Ordinance No. 6457 - Changes to the Animal Control and Licensing Code
(Hanson)
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MS.1 Page 6 of 131
An Ordinance of the City Council amending Chapters 6.01 and 6.04 of the Auburn
City Code relating to Animal Control and Licensing. This Ordinance was
previously discussed at the February 25, 2013 meeting of the Municipal Services
Committee. There were no additional questions or comments.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
B. Resolution No. 4930 (Heid)
A Resolution of the City Council of the City of Auburn, Washington, supporting the
King County County-Wide 2014-2019 Medic One/Emergency Medical Services
(EMS) levy. State law RCW 84.52.069 provides that a county-wide levy proposal
for EMS services has to be approved by the legislative authority for each city
exceeding 50,000 in population. The current six-year 30-cent Medic One/EMS
levy will expire December 31, 2013. To ensure continued emergency medical
services in 2014 and beyond, a new levy must be approved by voters. King
County formed an EMS Advisory Task Force to develop inter-jurisdictional
agreement on an updated EMS strategic plan and financing package for the 2014-
2019 levy funding period. The Task Force recommends enacting a levy rate of
$.335 per $1000.00 assessed value to fund projected expenditures for the 2014-
2019 span. Committee discussion followed to include recommendations on the
formatting of the rates to keep them consistent throughout the document.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Area School Policy at Auburn Golf Course (Faber)
Director Daryl Faber reported that City staff have reviewed several area policies
related to High School Golf Team usage of Municipal Golf Courses as well as
"daily fee" golf courses and changes are being considered so the City's policy
can be more consistent with other area golf course regulations. Staff is
recommending to keep the "free play" in effect for the Auburn School District
(ASD) and Green River Community College (GRCC) during their season but
tightening the parameters on the free play. Committee discussion followed.
Committee members requested a comparison on the value of reciprocal services
and costs. Mayor Lewis suggested the comparison be put in the Councilmember's
mailboxes to include the number of rounds that are free. Also, it was noted that
the City Code should be corrected to reflect verbiage saying "ASD and/or GRCC"
instead of "ASD or GRCC." The code change will need to go through the Planning
and Community Development Committee for action and through Municipal
Services for discussion.
B. Resolution No. 4927 (Faber)
A Resolution authorizing the acceptance of a $20,000.00 grant from the King
Conservation District to benefit the Auburn International Farmers Market and
authorizing the Mayor and City Clerk to execute the necessary agreements to
accept said funds. This is the second year that our AIFM has received this grant.
Committee discussion followed.
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MS.1 Page 7 of 131
C. Resolution No. 4932 (Tiedeman)
A resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a contract for services with Avidex in the amount
of $238,000.00 for Audio Visual services, upgrades and equipment utilizing
cooperative purchasing agreement Resolution No. 4919, University of Washington
Contract #12-0120. Director Ron Tiedeman provided an update to the Committee
on information which has previously gone through the Council Committees and full
Council. During the discussion committee members raised several questions.
Vice Chair Osborne asked if this was a need or a want. Director Tiedeman
responded that based on the evaluation of all IT equipment throughout the City this
is more of a need as it serves a multitude of functions for the City including taking
care of compliance issues regarding upgraded material. As the discussion
continued, Mayor Lewis stated that the City will not conduct an RFP process and
Council has already voted on this and they have already slated money specifically
for this project. Further, Mayor advised that Director Tieeman and Administration
will provide Councilmember's with a White Paper on specifics and include the end
of life infomation on current equipment.
D. Resolution No. 4926 (Miller)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Adoption of the 2009 King County Regional Hazard Plan and the City of Auburn
Annex to the Plan. Sarah Miller, Emergency Preparedness Manager, provided
information on the mitigation plan to the Committee. A locally adopted hazard
mitigation plan is required under the Disaster Mitigation Act of 2000. The 2009
plan is the most currently adopted plan for King County, with the next major
revision expected in 2014. The 2009 plan has been approved by FEMA, as
required by law. Upon adoption, the City becomes eligible for federal Hazard
Mitigation Grants. Chair Peloza advised that he and Vice Chair Osborne were
previously briefed on this at the Public Works Committee meeting and provided
input. Committee member Partridge will review the updated information prior to
the next Municipal Services Committee (MSC) meeting. Based on the input
provided at the PW Committee meeting changes were made to the document.
Manager Miller advised that this is scheduled for action at the April 8th MSC
meeting. Committee discussion followed.
E. Ordinance No. 6460 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 8.08.070 and 8.08.140 of the Auburn City Code relating to solid waste
disposal. Chair Peloza reported that the only change deals with language being
updated to the negotiated amended and restated Interlocal agreement with King
County for solid waste. In the agreement there were some terms that King County
requested clarification on and language has been updated to reflect the
clarification. One clarification dealt with flow control and the other provides that
the City must require solid waste delivered to County solid waste sites comply with
environmental rules and regulations. Committee discussion followed.
F. 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
Shelley Coleman advised the Committee that approval of this resolution authorizes
and extends the loan of $300,000.00 from the Cumulative Reserve Fund to the
Golf Course Fund, to the end of the year to December 31, 2013. The $50,000.00
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MS.1 Page 8 of 131
will be paid back to the Cumulative Reserve Fund from the Enterprise Funds.
Committee discussion followed and it was noted that there was a scrivener's error
on the resolution document. This is found in the fifth "Whereas" which currently
reflects authorizing the loan through December 2012. The correction should
reflect through December 2013. It was also requested that the actual dollar
amounts include the zeros at the end and that this be made consistent throughout
the resolution document.
G. Resolution No. 4928 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
City to accept grant funds in the amount of $300,000.00 from the Federal Aviation
Association and the Washington State Department of Transportation, Aviation
Division, to seal coat airport apron areas, runway and taxiway surfaces for the
Auburn Municipal Airport and authorizing the execution of the grant agreement
therefor. Director Shelley Coleman provided the Committee members with an
updated agenda bill approval form. It has been 10 years since the aircraft parking,
taxis, takeoffs and landing surfaces at the Airport were last seal coated. The City
has submitted applications for grant funding FAA and the WSDOT but before the
FAA can award these funds, a resolution must be approved by the City.
Committee discussion followed.
H. Resolution No. 4929 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
City to accept grant funds in the amount of $70,000.00 from the Federal Aviation
Association and the Washington State Department of Transportation, Aviation
Division, to prepare an Airport Wildlife Hazard Assessment for the Auburn
Municipal Airport and authorizing the execution of the grant agreement therefor.
Finance Director Shelley Coleman distributed an updated agenda bill approval
form to the Committee members. The City has submitted applications for grant
funding FAA and the WSDOT but before the FAA can award the funds, a
resolution must be approved by the City. Committee discussion followed.
I. Redflex Contract (Coleman)
Finance Director Shelley Coleman reported on the current Redflex contract which
is set to expire on May 31, 2013. Redflex was asked to submit a new contract for
review and what they presented extends the contract through June 2018 and
provides for annual renewal options thereafter. Both the Legal and Finance
departments have reviewed the document and have requested a few minor
changes (nits), which Redflex is amenable to and will forward a revised
amendment. A list of camera locations and a matrix of the changes from the
original contract to the amendment were provided to the Committee for review.
The major items of note in the contract amendment are 1) a monthly $5,000
retention of revenue to offset costs of the City; and 2) the transfer of the collection
from Redflex to King County District Court. Several questions were raised to
include moving to an RFP process to find another vendor, resetting the
accountability clock with Redflex; and determining the responsible party for the
removal of all the equipment should we decide not to renew with Redflex.
Committee discussion followed and Mayor Lewis stated that he will discuss some
of the items with the Legal department. It is also noted that the Municipal Services
Committee members are suggesting that the City look into the possibility of moving
to an RFP process for locating a new Red Light Camera vendor. Director
Coleman will provide a spreadsheet with additional information at the next MSC
meeting for further review.
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MS.1 Page 9 of 131
J. Project Matrix
Item 30P is now completed and removed the Project Matrix.
V. ADJOURNMENT
The meeting was adjourned at 5:35 p.m. The next regular meeting is scheduled for April
8, 2013 at 3:30 p.m. in the Council Conference Room, CIty Hall, 25 W. Main Street,
Auburn, WA.
Signed this __________ day of April, 2013.
_______________________________ _____________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
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MS.1 Page 10 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 25, 2013 Minutes
Date:
March 27, 2013
Department:
Planning and Development
Attachments:
March 25, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:April 1, 2013 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 11 of 131
Planning and Community
Development
March 25, 2013 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex
Conference Room No. 2 located on the second floor of One Main
Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus and Vice-Chair John Holman were present.
Member Largo Wales was excused. Also present were Jeff Tate,
Planning and Development Director, Interim; Parks, Arts, and
Recreation Director Daryl Faber, Public Works Director Dennis Dowdy,
Assistant City Attorney Steven Gross, Transportation Manager Pablo
Para, Traffic Engineer James Webb, Economic Development
Manager Doug Lein, Planning Manager Elizabeth Chamberlain; and
Planning Secretary Tina Kriss.
Members of the audience present included: Robert Whale of the
Auburn Reporter, Scott Pondeleck, Planning Commissioner Yolanda
Trout; The Auburn Downtown Association Board President Allison
Vandenberg, and Executive Director Laura Westergard.
B. Announcements
1. Presentation - The Auburn Downtown Association (Tate)
The Auburn Downtown Association (ADA) Board President,
Allison Vandenberg, introduced the new Executive Director,
Laura Westergard, and reviewed the 2013 work plan.
Ms. Vandenberg stated the first item of business for the ADA in
2013 was to hire a new Executive Director, Laura Westergard.
This year the third annual Wine, Art and Music Festival will be
held July 20th and the annual Art Walk will be held May 10, 2013.
The annual Holiday Window Painting contest will take place this
year along with the downtown trick or treat event in coordination
with the Parks, Arts and Recreation Department.
A design committee is being formed to work with the City to
redesign the landscaping in the mural parking lot and a facade
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PCD.1 Page 12 of 131
improvement grant program will be implemented.
The ADA website is being redesigned and the 2013 Downtown
Guide is currently being printed for distribution. A community
calendar is in the design phase (working in collaboration with City
staff, chamber, and tourism).
The Community Services events for 2013 will be the Fall Food
Drive and the Adopt a Senior for the Holiday Giving program.
Executive Director Laura Westergard stated the ADA would like to
continue to build the historic preservation of Downtown Auburn by
assisting visitors and residents in learning more about Auburn's
downtown history. The ADA would like to work with the City on
developing a plaque program to recognize historically significant
buildings.
Committee thought it might be helpful to use mobile applications
in addition to brochures and maps so that any changes or
additions are updated.
Executive Director Westergard also stated that the ADA will be
working to gather focus groups from various Auburn locations to
gain feedback on what would draw or encourage residents to the
downtown area; the ADA would then meet with the City to discuss
the feedback.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - March 7, 2013 (Tate)
Vice-Chair Holman moved and Chair Backus seconded to approve the
March 7, 2013 minutes as written.
Motion Carried Unanimously. 2-0
III. ACTION
A. Resolution No. 4927 (Faber)
Parks, Arts and Recreation Director Daryl Faber explained that
Resolution No. 4927 authorizes the acceptance of a $20,000.00 grant
from the King Conservation District to benefit the Auburn International
Farmers Market and authorizes the Mayor and City Clerk to execute
the necessary agreements to accept said funds.
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PCD.1 Page 13 of 131
Vice-Chair Holman moved and Chair Backus seconded to recommend
City Council approve Resolution No. 4927 to accept a $20,000.00
grant from the King Conservation District.
Motion Carried Unanimously. 2-0
IV. DISCUSSION ITEMS
A. Amtrak Update (Welsh)
Transportation Planner Joe Welsh provided an update on the
Washington State Department of Transportation feasibility study for a
station stop expansion in Auburn.
The Washington State Department of Transportation is acting on
behalf of Amtrak to conduct the study. The study will address how
additional stops fit into current operations; station suitability and
marketing (studying the demographics of potential riders within five,
ten, and twenty miles); station access from the freeway; and parking.
The feasibility study is expected to be complete in June of 2013.
B. Commercial Vehicles Within Downtown (Chamberlain)
Planning Manager Elizabeth Chamberlain explained that with the
completion of the South Division Street Promenade project, City Hall
Plaza and Plaza Park, and other projects within downtown, staff would
like to discuss with the Committee commercial vehicles and potentially
limiting semi trucks and other larger vehicles on specific streets.
A handout was provided to show damage to the street and bollards off
Division Street. The main concern noted by staff is when drivers
are lost or unfamiliar with the downtown area and safety issues
increase due to the inability to maneuver their trucks.
Committee provided the following feedback:
*Provide signage to assist drivers in finding appropriate directions
and routes.
*Restrict truck routes on Main Street and Division Street (except for
haul routes that have been approved as part of a construction project).
*Meet with local stakeholders to obtain feedback and educate
drivers.
*Provide a mobile application to assist drivers on the location of truck
accessible routes.
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PCD.1 Page 14 of 131
C. Director's Report (Tate)
The City of Auburn has approximately 4,000 business licenses each
year for renewal. This year follow-up letters were sent out in February
and phone calls were made in late March to bring the remaining
expired licenses into compliance. The City has approximately
150 expired licenses remaining. City Code Enforcement staff, through
personal outreach opportunities, will assist with the
remaining business license renewals.
The interviews for the Senior Planner position have been ongoing and
the City is ready to choose a candidate for the position. The building
permit for the 37,000 square foot Auburn Marketplace Medical Office
building was issued on March 21, 2013.
City staff has coordinated a meeting with staff from the Green River
Community College (GRCC) to discuss ideas and issues regarding
student housing. Meeting with representatives from the college will be
beneficial for both parties to gain a better understanding of policies
and procedures. After meeting with GRCC and gathering important
information, the City will look at next steps.
D. PCDC Matrix (Tate)
Committee and staff reviewed the matrix, there were no changes or
additions recommended.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 5:40
p.m.
DATED THIS __________ day of __________________, 2013.
__________________________ ___________________________
Nancy Backus - Chair Tina Kriss - Planning Secretary
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PCD.1 Page 15 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 18, 2013 Minutes
Date:
March 27, 2013
Department:
Public Works
Attachments:
March 18, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:April 1, 2013 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 131
Public Works Committee
March 18, 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 Osborne were
present. Also present during the meeting were: Mayor Pete B. Lewis,
Public Works Director Dennis Dowdy, City Engineer/Assistant Director
Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer
Dan Repp, Transportation Manager Pablo Para, Traffic Engineer
James Webb, Storm Drainage Engineer Tim Carlaw, Water Quality
Control Coordinator Chris Thorn, Project Engineer Robert Lee,
Emergency Preparedness Manager Sarah Miller, Innovations and
Technology Director Ron Tiedeman, Environmental Services Manager
Chris Andersen, and Public Works Secretary Jennifer
Cusmir. Members of the public in attendance included: Scot Pondelick.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no modifications to the agenda.
II. CONSENT AGENDA
A. Approval of Minutes
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve the Public Works Committee Meeting
minutes for date, March 4, 2013.
Motion carried 3-0.
B. Public Works Project No. CP1109 (Lee)
Vice-Chair Peloza asked about some of the items on the final pay
estimate which went over the quantity amount of the Engineer’s
Estimate. Assistant Director/City Engineer Selle and Project Engineer Page 1 of 10
PW.1 Page 17 of 131
Lee explained that an adjustment was made to the location of the
pipeline at the Academy site due to unknown-locations of private
waterlines and this included the addition of catch basin to the scope of
the project.
Vice-Chair Peloza asked if, with the change orders, the project was
over budget. Project Engineer Lee reported that the final payment is at
88% of the overall contract amount and is under budget.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend 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 Drainage
Repair and Replacement Phase 1.
Motion carried 3-0.
III. RESOLUTIONS
A. Resolution No. 4908 (Carlaw/Thorn)
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
Water Quality Coordinator Thorn stated that there have been no
changes made since the Committee reviewed the 2013 Stormwater
Management Program and Annual Report two weeks ago.
Chairman Wagner asked about the Executive Summary requested by
the Committee for the City Council. Water Quality Coordinator Thorn
answered that staff has prepared a rough draft of the summary and it
is in review.
Member Osborne asked what makes the determination of when catch
basins need to be cleaned out. Water Quality Coordinator Thorn
answered the level of sediment in the sump below the outlet pipe is
the determining factor. Storm Drainage Engineer Carlaw explained the
inspection and maintenance procedure for the catch basins.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council adopt Resolution No.
4908.
Motion carried 3-0.
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PW.1 Page 18 of 131
IV. DISCUSSION ITEMS
A. Resolution No. 4926 (Miller)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Adoption of the 2009 King County Regional Hazard
Plan and the City of Auburn Annex to the PlanThe 2009 King County
Regional Hazard Plan is not included in the hard copies of the agenda
packet. Hard copies have only been distributed to the Public Works
Committee Members, Mayor, and the Director. The plan may be
viewed as part of the packet online at:
www.auburnwa.gov/government/agendas_minutes.htm
Emergency Preparedness Manager Miller stated that staff is asking
Council to adopt the 2009 King County Regional Hazard Mitigation
Plan and, specifically, for the City of Auburn Annex to the plan. Miller
explained that King County has run a regional hazard mitigation plan
which covers the hazards to the region and what might be done by
individual jurisdictions to make ourselves more resilient to those
hazards. Having a hazard mitigation plan also makes the City eligible
for hazard mitigation grants.
Miller provided the Committee with background information regarding
the development of the plan and the future updates of the plan.
Chairman Wagner asked if King County had considered including
more regional history in the plan. Emergency Preparedness Manager
Miller answered that it is very labor intensive to find accurate
documentation regarding historical events and inclusion is not a
requirement of the plan.
Emergency Preparedness Manager Miller discussed the difference
between disaster mitigation and disaster response, noting that the
hazard mitigation plan speaks to what jurisdictions can do to prevent
disasters from happening, in response to a question asked by Member
Osborne. Miller stated that disaster response is part of the
Maintenance & Operations response plan.
Committee and staff reviewed the list of what the City has done for
disaster mitigation since the last plan update.
Chairman Wagner suggested including a disclaimer explaining what
the plan includes. Miller stated that a disclaimer could not be included
in the 2009 plan however she could recommend it be included in the
plan update. Mayor Lewis asked that a disclaimer be included with the
Auburn Annex portion for the benefit of City staff and Council.
Emergency Preparedness Manager Miller stated that King County
does not have a Citizen Emergency Response Training (CERT)
Page 3 of 10
PW.1 Page 19 of 131
program, in response to a question asked by Vice-Chair Peloza.
Member Osborne asked about identifying the acronyms used. Miller
stated that a glossary can be added to the plan.
Miller answered questions asked by Vice-Chair Peloza regarding the
reference to the Bridge Inspection Program. Chairman Wagner asked
that the statement, “…previous initiatives are characterized as
follows…” to “…previous initiatives were then characterized as
follows…” for to clarify the reference to the old version of the plan.
The Committee and staff continued review of the Auburn Annex to the
Plan.
Emergency Preparedness Manager Miller explained that the City of
Kent has their own hazard mitigation plan and they and the City of
Algona do intend on being included in the 2014 King County Plan, in
response to a question asked by Chairman Wagner.
Mayor Lewis stated that the City is planning to include cyber terrorism
mitigation in the 2014 update to the plan, in response to a question
asked by Chairman Wagner.
The Committee and staff reviewed the maps included in the plan.
Assistant Director/City Engineer Selle and Mayor Lewis responded to
questions asked by Chairman Wagner regarding the City’s map of
potential landslide areas. Director Dowdy noted that geotechnical
studies are required for all new plats in landslide sensitive areas.
Member Osborne suggested including 11x17 size maps as part of the
Auburn Annex plan.
Chairman Wagner asked if the Valley Regional Fire Authority (VRFA)
has its own hazmat response team. Miller answered that Hazmat has
gone to a regional approach for response, a zone based
approach. VRFA is part of a regional hazmat team but does not have a
stand-alone team.
Emergency Preparedness Manager Miller stated that she will make
the information regarding pipelines that run through the City less
general, in response to a comment made by Member Osborne.
Vice-Chair Peloza asked for the names of businesses listed by more
specific and for staff to use the companies’ full names.
Miller answered questions asked by Chairman Wagner regarding the
Page 4 of 10
PW.1 Page 20 of 131
individuals who participated in creating the plan. The Committee is
structured to allow the input from each City department and a
representative from key partners and that is included in Auburn City
Code. Vice-Chair Peloza asked that the Chair of the committee be
identified.
Environmental Planning Manager Andersen stated that the geo-hazard
area in the Critical Area Ordinance includes seismic hazards, erosion
hazards, and landslide hazards, answering a question asked by
Chairman Wagner.
Vice-Chair Peloza notes a Scribner’s error in the resolution and asked
that the wording in Resolution No. 4926, Section 1, read, “…..and the
City of Auburn Annex to the 2009 King County Regional Mitigation
Plan.”
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
There were no questions from the Committee.
The Committee supported adoption of Resolution No. 4918.
C. Utility Payback Process (Repp)
The Committee and Utilities Engineer Repp reviewed the summary on
the City’s utility payback process (i.e. later-comers agreement).
Using the Kersey development as an example, Utilities Engineer Repp
spoke about each step in the payback process.
Chairman Wagner asked about predicting the number of
developments and assigned late-comers, that may be served in the
future by oversized sewer trunk lines, such as the one serving
Kersey. Assistant Director/City Engineer Selle explained that the
Comprehensive Plan is consulted and if the area for development is
not identified, engineers would consider the topography and define the
areas that would drain by gravity into the line. Chairman Wagner
asked if parcels that are developed after the late-comers agreement
date has expired would not pay into the Kersey utility. Assistant
Director/City Engineer Selle stated that under current legislation, no
monies would be collected.
Utilities Engineer Repp explained that the developers are made aware
of the payback process and requirement during Facility Extension
Agreement application process. Utilities Engineer Repp reviewed the
Page 5 of 10
PW.1 Page 21 of 131
developer requirements with the Committee.
Chairman Wagner asked if there were ever instances when the City
paid a portion of the required oversized trunk lines. Assistant
Director/City Engineer Selle stated that the City usually does not pay a
portion of the development utilities and one of the reasons is that it
may affect how the developer advertises for bids for the project.
Assistant Director/City Engineer Selle stated that the City makes the
final determination in terms of what assessment method is utilized and
what properties are eligible, in response to a question asked by
Chairman Wagner.
Utilities Engineer Repp described how the developers’ assessments of
cost are reviewed by the City.
Utilities Engineer Repp answered questions asked by Chairman
Wagner regarding the fees charged that pay for tracking the
agreements. Chairman Wagner suggested reviewing the fees to better
capture the cost to the City to track the agreements.
Director Dowdy noted that there is state legislation being considered in
Olympia regarding development.
Chairman Wagner spoke about the benefit to the City of the
agreements. Mayor Lewis stated that staff should determine the full
cost recovery for administration of the agreements.
Vice-Chair Peloza asked if the fees were part of the fee
schedule. Assistant Director/City Engineer Selle stated that they are.
D. Corps FPMS Study Design Flood Hydrographs for the Green River
Basin (Dowdy)
Director Dowdy reported that the Army Corps of Engineers (the
Corps) regulatory practice at the Howard Hanson Dam is not
changing. They will be using the same target, 12,000 cfs, at the
Auburn gage.
Director Dowdy stated what precipitated the Corps study was the need
for more information to better base the heights of the new level
improvements the County is working on in Auburn and the City of
Kent. The Corps asked the Flood Control District for a study of the
return intervals of the various flood events that may be expected that
the Corps is designing against. The Corps did some analysis of their
operations to determine what the cities downstream of the Howard
Hanson Dam should be planning for in terms of flood protection.
Page 6 of 10
PW.1 Page 22 of 131
Director Dowdy continued to explain that the Corp tried to also extend
the records of flood events that they were relying on to perform
statistical analysis on to also include in the study.
Mayor Lewis asked Chairman Wagner if he had any comments
regarding the study. Chairman Wagner stated the flow figures needed
additional explanation, the graphs that show the elevation of flood
control pool do not include a scale, and the study really needs to be
better explained in its entirety. Mayor Lewis asked Director Dowdy to
get additional information and interpretation of the study from the
Corps.
Director Dowdy reviewed Table 1 and Table 2 from the study with the
Committee.
The Committee and Director Dowdy reviewed the hydrographs from
the Green River Basin.
Director Dowdy discussed the remainder of the graphs with the
Committee.
Environmental Services Manager Andersen was present to discuss
citizens who currently have flood insurance. Andersen distributed a
copy of the public information flyer that was distributed in December
2012 to roughly 42,000 property and business owners. The mailer
goes out annual and is a part of the Community Rating System (CRS)
Insurance Program. Andersen explained that the City earns points for
each activity under CRS and the points help the City to maintain its 5
point rating, on a 10 point scale. For every point, there is a 5%
reduction in flood insurance premiums for those living in areas of high
flood risk in the City. Chairman Wagner asked how the City can
increase its rating. Environmental Services Manager Andersen
answered that the City would need to do additional activities and adopt
a Flood Management Plan, which is a requirement. Andersen
discussed what activities could be performed to increase the
rating. Andersen stated that there is also a 2012 update to the CRS,
which will be reviewed by staff and presented to the
Committees. Chairman Wagner asked staff to return with both
recommendations about raising the City’s rating, the number of
properties in the flood risk area and the impact to those properties and
businesses.
Vice-Chair Peloza asked how property owners can find out if their
property is in the flood plain, according to the FEMA
map. Environmental Services Manager Andersen stated that property
owners can call the City and staff will look up whether their property is
in the City’s regulatory flood plain.
Page 7 of 10
PW.1 Page 23 of 131
The Committee and staff discussed how property owners in the flood
plain are notified and how notification may be improved. Chairman
Wagner suggested doing a quality check on the notifications that King
County sends to Auburn property owners. Vice-Chair Peloza
supported Chairman Wagner’s suggestion. Chairman Wagner asked
that the quality check be added to the Public Works Committee Action
Tracking Matrix.
Environmental Services Manager Andersen answered questions
asked by Chairman Wagner regarding completion of the biological
and/or habitat assessments by developers.
E. Capital Project Status Report (Gaub)
Chairman Wagner asked staff to develop a list of large, non-capital,
projects being completed in the City. The Committee and staff
discussed what criteria should be used for projects to be included on
the list. Chairman Wagner asked that staff bring their ideas for a list
back to the Committee for review.
Item 10 – CP0915 – Well 1 Improvements Transmission
Lines: Chairman Wagner asked if there is an additional pavement
lift. Assistant City Engineer Gaub stated that the contractor is waiting
on weather to be about to complete the final paving work on M
Street. Some of the final lift of paving will cover a full lane and some
will cover where there are multiple lanes that the work has impacted.
Item 14 & 15 – CP1118 and CP1119 – Auburn Way South: Assistant
City Engineer Gaub reported to the Committee that the City is
beginning the Right-of-Way acquisition process for both
projects. Assistant City Engineer Gaub cautioned the Committee about
speaking to individual property owners because any conversation that
City representatives have with property owners must be documented
during this process.
Item 14 – CP1118 – Auburn Way South Pedestrian Improvements –
Dogwood to Fir Streets: Assistant City Engineer Gaub stated that as
part of the design process, the total estimated cost will be modified as
the design is closer to being complete, in response to a question
Member Osborne. Staff will then decide if there are additional funds
that can be used for the project or if the scope of the project needs to
be scaled down.
Item 18 – CP1107 – Fulmer Wellfield Improvements: Chairman
Wagner asked how many monitoring wells are included in the
project. Utilities Engineer Repp stated that the consultant is still
Page 8 of 10
PW.1 Page 24 of 131
working on the project and the current budget will be used to construct
the monitoring wells. Staff is not sure how many wells there will be, but
the topic will be discussed with the Committee in May.
Utilities Engineer Repp discussed the two phases of the project with
the Committee.
The Committee and staff discussed continuing phase 1 of the project.
F. Action Tracking Matrix (Dowdy)
Item L – LED Lighting Standards: Vice-Chair Peloza asked why the
estimated completion date was extended. Transportation Manager
Para answered that developing standards will take more time to
research. Assistant Director/City Engineer Selle explained that the City
does not currently have standards for LED lighting so staff is selecting
technology to monitor and possibly adopt as a standard.
Member Osborne spoke about reviewing the cost benefit of LED
lighting.
The Committee and staff discussed the new LED lighting on Main
Street.
Chairman Wagner spoke about including subjective data regarding the
LED light spectrum and intensity.
Item M – Auburn Valley Humane Society – Wayfinding
Signage: Transportation Manager Para reported that the signs will be
installed before May in response to a question asked by Vice-Chair
Peloza. Vice-Chair Peloza asked that the estimated completion date
on the matrix be moved forward.
Item O – Pedestrian Visibility Improvements on A Street NW (NW Post
Office exit): Transportation Manager Para stated that staff is waiting
for the Post Office to respond as to whether or not the sign requested
by the Committee may be installed.
Vice-Chair Peloza shared a picture with the Committee and staff that
showed a location where a tree had been removed and the
surrounding sidewalk is in need of repair. The location is on A Street
NW, near the entrance of Christ Community Clinic. Vice-Chair Peloza
requested that this be added to the Action Tracking Matrix.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 5:40 p.m.
Page 9 of 10
PW.1 Page 25 of 131
Approved this 1st day of April, 2013.
______________________________ _____________________________
Rich Wagner, Chair Jennifer Cusmir, Department Secretary
Page 10 of 10
PW.1 Page 26 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 18, 2013 Minutes
Date:
March 27, 2013
Department:
Administration
Attachments:
March 18, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:April 1, 2013 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 27 of 131
Finance Committee
March 18, 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, Deputy Mayor Nancy Backus, Advisor to the Mayor Michael
Hursh, Public Works Director Dennis Dowdy, Parks, Arts and
Recreation Director Daryl Faber, Finance Director Shelley Coleman,
Interim Planning and Development Director Jeff Tate, Planning
Manager Elizabeth Chamberlain, Environmental Services Manager
Chris Andersen, Utilities Engineer Dan Repp, and City Clerk Danielle
Daskam.
Also present was Scot Pondelick.
B. Announcements
1. Auburn Golf Course and High School Usage Fees (Faber)
Director Faber stated that the Municipal Services Committee has
been reviewing the high school golf team usage of the Auburn
Municipal Golf Course.
The Auburn City Code provides that the Parks, Arts and
Recreation Director is authorized to provide discounted fees and
charges to the Auburn School District or Green River Community
College golf teams for scheduled practices or matches during their
season. No fees are currently charged to the teams.
After meeting with other municipal golf course operators regarding
school team usage of their golf courses, Director Faber proposed
a new policy that establishes parameters for the usage of the golf
course by school teams without significantly changing the intent of
cooperating with the area schools. Director Faber explained that
Page 1 of 7
FN.1 Page 28 of 131
the City enjoys a good working relationship with the schools and
each uses the other's facilities for free. Director Faber explained
that the proposed policy will suit the needs of the school teams.
Any player usage over the policy limit would be charged at half the
junior rate.
The proposed policy would limit the teams to fifteen players (six
varsity, six junior varsity, and three alternates). Tryouts would be
limited to a maximum of four 9-hole rounds scheduled at 7:30 a.m.
weekdays in late August. During the season, team members
would be allowed to play two days per week at no charge;
Monday through Thursday only. Any additional play would be
scheduled with golf shop staff at the discounted rate. Use of the
putting green, chipping green and practice field would be at no
charge when space is available.
Director Faber will be presenting the proposed policy to school
officials for their comment.
Vice Chair Wales spoke in favor of charging fees to the school
teams to support the golf course enterprise fund.
Director Faber stated the City uses schools gyms, and the school
district uses the City's ballfields and golf course for free. The
City pays for use of school facilities for the before and after school
programs due to the need to have a custodian on site.
Director Faber stated a decision on the new policy is anticipated
before this fall when the high school golf season begins.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. March 4, 2013 Minutes
Committee members reviewed the March 4, 2013 minutes.
Chair Partridge referred to Discussion Item D, Auburn Valley Humane
Society, and suggested clarification of some of the statements.
Members agreed to modify the March 4 minutes as follows:
"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$240,000.00 per year payable in quarterly Page 2 of 7
FN.1 Page 29 of 131
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. Member Holman stated per his calculations the City is
going to beresponsiblepaidfor approximately $550,000.00 $1.5 million
in tenant improvements and for purchase of the building and landnot
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 are above and beyond
what has been budgeted.
Chair Partridge stated the $220,000.00 $240,000.00 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 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
Fundthe difference between pet licensing fees and the contract
obligation. Chair Partridge requested the spreadsheet also include the
expenses for pet licensing if the City had stayed with King County.
Mayor Lewis requested Director Coleman add a spreadsheet to the
monthly financial report with the requested data."
Vice Chair Wales moved and Member Holman seconded to approve
the minutes as corrected.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers
Claims check numbers 420952 through 421290 in the amount of
$4,792,863.99 and dated March 18, 2013.
Committee members reviewed the claims and payroll vouchers and
briefly discussed claims vouchers 420974, 421026, 421160, 421173,
421216, and 421250.
Finance Director Coleman reported that procurement cards are
expected to be in use by departments by April 1. She distributed a
Page 3 of 7
FN.1 Page 30 of 131
sample of a procurement card reconciliation report for Committee
review.
Vice Chair Wales moved and Member Holman seconded to approve
and forward claims and payroll vouchers to the Council for
consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers
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.
See claims vouchers above for approval of payroll vouchers.
III. DISCUSSION ITEMS
A. January 2013 Financial Report (Coleman)
Finance Director Coleman presented the January 2013 Financial
Report. She noted that revenue collections totaled $4.3 million, ahead
of the 2013 Budget of $4.1 million, due primarily to increased revenue
from utility taxes, sales tax revenue, building permits and development
service fees.
Mayor Lewis reported state legislation was recently introduced to
eliminate Streamlined Sales Tax mitigation to the cities. The City
receives approximately $2 million annually in Streamlined Sale Tax
mitigation. Mayor Lewis stated that one of the sponsors of the
legislation is 31st District Representative Cathy Dahlquist. The funds
are proposed to be re-directed to education funding.
Chair Partridge noted the Cemetery ended with a net operating
income.
Finance Director Coleman briefly reviewed the City's investment
portfolio. The total cash and investments at the end of January was
$90.6 million.
Finance Director Coleman briefly reviewed the January 2013 Sales
Tax Summary and the working capital statement.
B. Ordinance No. 6459 (Chamberlain)
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
Page 4 of 7
FN.1 Page 31 of 131
Planning Manager Elizabeth Chamberlain presented Ordinance No.
6459. Ordinance No. 6459 will extend the City's existing off-premise
real estate sign program for an additional year. In 2011, the City
Council passed Ordinance No. 6360 establishing one year interim
zoning controls pertaining to the allowance 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. The purpose
of the interim zoning controls is to assist in local economic
development associated with the sale and development of residential
and non-residential property in the city. The interim zoning controls
are due to expire on April 21, 2013, unless extended by the City
Council.
Planning Manager Chamberlain explained additional provisions have
been added to the ordinance to prohibit advertisement of projects
outside the city limits and prevent an applicant from using the program
in the future should he/she violate any provision or approval.
Planning Manager Chamberlain reported the Planning and Community
Development Committee recommended approval of Ordinance No.
6459.
Mayor Lewis stated the program has received positive reaction from
the community, realtors, and developers.
C. Resolution No. 4920 (Chamberlain)
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
Planning Manager Chamberlain presented Resolution No. 4920, which
sets forth additional incentives for developing within the urban center
or Downtown Catalyst Area. Resolution No. 4920 would reduce the
Park Impact Fee by 75% or to $875.00 per residential unit, and reduce
the planning, building and engineering review fees by 75%. The fee
reduction would only apply to the parcels identified in the resolution.
The fee reduction also only applies to development projects that have
received all necessary and required development approvals from the
City by December 31, 2013.
D. Resolution No. 4921 (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
Page 5 of 7
FN.1 Page 32 of 131
Michael Hursh, Advisor to the Mayor, presented Resolution No. 4921,
which approves the Consolidated Annual Performance and Evaluation
Report (CAPER) for the year 2012. The CAPER is an overall review
of the housing and community development activities that were funded
by the Community Development Block Grant Program. A public
hearing on the CAPER is scheduled for this evening's City Council
meeting. The Planning and Community Development
Committee recommended approval of the CAPER at their last
meeting.
Mr. Hursh spoke briefly regarding two of the programs funded through
the Community Development Block Grant. He reported that the
Housing Repair Program projects are fully funded. He also briefly
spoke regarding the Green River Community College Small Business
Assistance Center, which provides small business training and
counseling to enable existing businesses to grow their business and
individuals starting businesses.
E. Resolution No. 4922 (Chamberlain)
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
Planning Manager Elizabeth Chamberlain presented Resolution No.
4922. The Resolution authorizes the acceptance of a grant from
4Culture in the amount of $3,500.00 to prepare a historic landmark
designation application for the City's Japanese American Pioneer
Cemetery.
F. Resolution No. 4923 (Andersen)
A Resolution of the City Council of the City of Auburn, Washington,
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 Setback Project
Environmental Services Manager Chris Andersen presented
Resolution No. 4923. The Resolution authorizes the acceptance of a
grant amendment in the amount of $327,353.00 from the State
Recreation and Conservation Office for the Fenster Levee Setback
and Floodplain Restoration Project. The grant requires a local match
of $57,768.00, which will be provided through the grant proceeds from
King County Flood Control District (see Resolution No. 4924 for a
description of the King County Flood Control District grant).
G. Resolution No. 4924 (Andersen)
A Resolution of the City Council of the City of Auburn, Washington,
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
Page 6 of 7
FN.1 Page 33 of 131
Resolution No. 4924 authorizes the acceptance of a $300,000.00
grant from the King County Flood Control District for the Fenster
Levee Setback and Floodplain Restoration Project. No local match is
required.
H. Water, Sewer, and Storm Drainage Cost of Service and System
Development Charge Study (Repp)
Utilities Engineer Dan Repp reported that the Public Works Committee
is recommending that a water, sewer and stormwater utility cost of
service study be completed to assess the equity of how rates are
charged to different customer classes. The Public Works Committee
also requested a comparison of the City's system development
charges compared with other local jurisdictions. The objective of the
cost of service study is to determine the actual costs of providing utility
services to each customer class. The study is anticipated to be
complete by the end of year 2013.
IV. ADJOURNMENT
There being no further business to come before the Committee, the
meeting adjourned at 7:05 p.m.
APPROVED this ____ day of April, 2013.
_________________________ _________________________
John Partridge, Chair Danielle Daskam, City Clerk
Page 7 of 7
FN.1 Page 34 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 27, 2013 Agenda
Date:
March 27, 2013
Department:
Administration
Attachments:
March 27, 2013 Agenda
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wagner Staff:
Meeting Date:April 1, 2013 Item Number:CC.1
AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 35 of 131
ern,or Les Gove Community Campus
March 27, 2013 - 5:00 PM
LJ;L... Annex Conference Room 2
YASH f NGTC!N AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. Minutes - February 6, 2013* (Tate)
III. DISCUSSION ITEMS
A. Council Workshop -Community Center Project* (Wagner)
Discuss the format and content of a mid-April to early-May Council one-hour
workshop focused on the Community Center project.
B. National Development Council & Lorig Associates 3/14/13 Memo* (Wagner)
Discuss the National Development Council and Lorig Associates memo of March
14, 2013 outlining 3 optional project approaches for the Les Gove Community
Center.
C. Outline Committee Work Plan for the Next 12 Months* (Wagner/Faber)
Outline the Committee work plan for the next 12 months, e.g., Campus Master
Plan, Neighborhood Advisory Committee, Herr Lumber and Big Daddy's Drive-In
properties, and the Veterans and Human Services Center Project.
D. Operating and Maintenance Cost Minimization (Faber)
Discuss Operating and Maintenance cost minimization through limited operations.
Note: Any materials for this item will be provided at the meeting.
E. Director's Report (Tate)
F. LGCC Matrix* (Tate)
IV. 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 a-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Denotes attachments included in the agenda packet.
Page 1 of 31
CC.1 Page 36 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 18, 2013 Minutes
Date:
March 27, 2013
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:April 1, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 37 of 131
City Council Meeting
March 18, 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. 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, Parks, Arts and Recreation Director Daryl Faber, Interim
Planning and Development Director Jeff Tate, Police Commander
Scott Near, Finance Director Shelley Coleman, Public Works Director
Dennis Dowdy, Engineering Aide Amber Mund, Economic
Development Manager Doug Lein, Water Quality Program Coordinator
Chris Thorn, Storm Drainage Engineer Tim Carlaw, Advisor to the
Mayor Michael Hursh, and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Master Builders Presentation
Garrett Huffman to present information on Buildable Lands & Fee
Simple Townhomes.
Using an overhead projector, Mr. Garrett Huffman presented the
City Council with a PowerPoint from the Master Builders
Association of King and Snohomish Counties on the importance of
homebuilding to the economy, buildable lands, and fee simple
lots. Mr. Huffman suggested the Auburn City Council consider a
code revision to allow fee simple lots. Mr. Huffman thanked the
City Council for implementing a fee deferral program that delays
the payment of impact fees and utility connection charges.
Mayor Lewis commented that the City has been working to
implement faster permit approvals and other incentives to
encourage development.
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Councilmember Holman noted Auburn approved more than 400
single family home permits last year and turned around the permit
approvals in two weeks. Mayor Lewis stated during the first two
months of 2013, the City received the highest number of single
family building permit applications in some time.
D. Agenda Modifications
There was no change to the agenda.
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
Engineering Aide Amber Mund presented the staff report for the
public hearing on the application for franchise from Zayo Group
LLC to build and operate a fiber optic telecommunications system
within the City's right-of-way. Ms. Mund reported that Zayo's
primary customers are other telecommunications providers, large
enterprise companies, government agencies, and mid-sized
organizations; Zayo does not provide direct retail services. The
franchise area is the city limits of Auburn. Installation of their fiber
optic conduit will include underground directional boring and
attachment to existing utility poles.
Mayor Lewis opened the public hearing at 7:34 p.m.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen questioned whether the franchise would have any
effect on single family neighborhoods. Mayor Lewis responded
that no adverse effect is anticipated.
There being no further comment, the hearing was closed.
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)
Traffic Engineer James Webb presented the staff report for the
public hearing on the proposal to modify the 2013-2018
Transportation Improvement Program to add a new project for
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which the City has received grant funding. The City received
approximately $500,000.00 in grant funding from the Washington
State Department of Transportation for the construction of
guardrail along Green River Road, Kersey Way, and Mountain
View Drive.
Mayor Lewis opened the hearing at 7:57 p.m. There being no
public comment, the hearing was closed.
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)
Advisor to the Mayor Michael Hursh presented the staff report for
the public hearing on the 2012 Consolidated Annual Performance
and Evaluation Report (CAPER). The CAPER is an overall review
of the housing and community development activities that were
funded by the Community Development Block Grant Program. A
public hearing on the CAPER is required prior to submittal to
the U.S. Department of Housing and Urban Development.
Mayor Lewis opened the public hearing at 8:00 p.m. There being
no public comment, the hearing was closed.
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
Storm Drainage Engineer Tim Carlaw presented the staff
report for the 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. 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. The City operates
under a National Pollutant Discharge Elimination System
(NPDES) Western Washington Phase II Municipal Stormwater
Permit that was issued by the Department of Ecology in 2007. A
new five-year permit is expected to be issued in August. The
NPDES permit requires submittal of an annual report as well an
updated Stormwater Management Program.
Mayor Lewis opened the public hearing at 8:02 p.m. There being
no public comment, the hearing was closed. Page 3 of 11
CA.A Page 40 of 131
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 bicycles on sidewalks.
She spoke against adult bicyclists using the sidewalks due to
pedestrian safety and spoke in favor of children operating bicycles on
sidewalks.
C. Correspondence
There was no correspondence for City Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee did not meet
on March 11. 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 March 7, 2013. The Committee received public
comment from citizens regarding renovation of a home in their
neighborhood. The Committee reviewed Resolution No. 4921
approving the Consolidated Annual Performance and Evaluation
Report (CAPER), Resolution No. 4918 amending the Six Year
Transportation Improvement Program, Resolution No. 4923 accepting
a grant from the Washington State Salmon Recovery Funding
Board for the Fenster Levee Setback Project, Resolution No. 4924
accepting a grant from King County Flood Control District for the
Fenster Levee Setback Project, and Resolution No. 4922 accepting a
4Culture grant to prepare a landmark designation application for
Pioneer Cemetery. The Committee discussed the 2013 Stormwater
Management Program, Ordinance No. 6459 related to off-premise real
estate signs, Resolution No. 4920 that temporarily reduces park
impact fees and planning, building and engineering review fees for
parcels in the Downtown Catalyst Area, the director's report, and the
Committee's matrix. The next regular meeting of the Planning and
Community Development Committee is scheduled for March 25, 2013
at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this
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afternoon at 3:30. The Committee reviewed the final pay estimate for
Public Works Project No. CP1109, the Storm Pipeline Repair and
Replacement Project. The Committee also reviewed Resolution No.
4908 approving the 2013 Stormwater Management Program. The
Committee discussed Resolution No. 4926 related to the 2009 King
County Regional Hazard Plan, Resolution No. 4918 amending the
2013-2018 Transportation Improvement Program, utility payback
process, flood management system, the capital project status
report, and the Committee's action tracking matrix. The next regular
meeting of the Public Works Committee is scheduled for April 1, 2013
at 3:30 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at
5:30. The meeting included a presentation on golf course fees as they
relate to high school usage. The Committee reviewed claims
vouchers in the amount of $4.7 million and payroll vouchers in the
amount of $2 million. The Committee discussed the January
2013 Financial Report, Ordinance No. 6459 related to off-premise real
estate signs, Resolution No. 4920 temporarily reducing park impact
fees and building, planning and engineering review fees for projects in
the downtown area, Resolution No. 4921 relating to the Consolidated
Annual Performance and Evaluation Report, Resolution No. 4922
accepting a grant from 4Culture, Resolution No. 4923 and 4924
accepting grants for the Fenster Levee Setback Project, and utility cost
of service study and system development charges study. The next
regular meeting of the Finance Committee is scheduled for April 1,
2013 at 5:30 p.m.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus
Committee is scheduled for 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. 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.
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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)
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
Deputy Mayor Backus moved and Councilmember Wagner seconded
to approve the Consent Agenda.
The Consent Agenda includes claims and payroll vouchers and
a public works project final payment.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 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
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Ordinance No. 6459.
Deputy Mayor Backus noted that Ordinance No. 6459 extends the off-
premise residential real estate sign program and includes new
provisions regarding violation of the program permit and prohibits the
advertisement of projects located outside city limits.
MOTION CARRIED UNANIMOUSLY. 7-0
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
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Stormwater Permit Annual Report for 2012 to the Washington State
Department of Ecology
Councilmember Wagner moved and Councilmember Peloza seconded
to adopt Resolution No. 4908.
Councilmember Wagner stated the Stormwater Plan helps keep
stormwater free from pollutants, provides for inspection and monitoring
of manholes and stormwater detention ponds, as well as other
requirements of the Federal Clean Water Act.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4918.
Resolution No. 4918 amends the Six Year Transportation
Improvement Program to add a new project for the installation of
guardrail for which the City has received a $500,000 grant.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4920.
Deputy Mayor Backus explained Resolution No. 4920 authorizes the
temporary reduction of park impact fees and development review fees
in a six block area of the downtown urban center to encourage
development.
Councilmember Holman spoke in favor of the Resolution stating it will
have a direct, rapid and positive impact on downtown development.
Councilmember Holman spoke in favor of a vibrant downtown with
more downtown residents. Councilmember Holman stated that he
believes the adoption of the Resolution will send a message that
Auburn believes it is the beginning of the end of the great recession
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and that Auburn wants to be ready for the inevitable growth that will
follow.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4921.
Resolution No. 4921 approves the Consolidated Annual Performance
and Evaluation Report for the year 2012.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4922.
Resolution No. 4922 authorizes the acceptance of a $3,500.00 grant
from 4Culture to fund an application for landmark designation of the
City's Pioneer Cemetery.
MOTION CARRIED UNANMOUSLY. 7-0
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 Conservation Office for an
increase in grant funding
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4923.
Resolution No. 4923 authorizes the acceptance of a grant for a portion
of the funding for the Fenster Levee Setback Project.
MOTION CARRIED UNANIMOUSLY. 7-0
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
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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)
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4924.
Resolution No. 4924 authorizes the acceptance of a grant from the
King County Flood Control District for completion of the Fenster Levee
Setback Project.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and
local organizations.
A. From the Council
Deputy Mayor Backus congratulated Landmark Development for
closing on the purchase of the "Cavanaugh" property located in
downtown Auburn. Deputy Mayor Backus reported on her attendance
at the North Tapps Estates Homeowners Association meeting, the
citizens academy, the cup stacking championship held at Auburn High
School, the Christ Community Free Clinic fundraiser, a police officer
swearing in, the Valley Regional Fire Authority Board meeting, the
memorial service for Cam Cutler, and the Auburn Noon Lions
Club fundraiser.
Councilmember Wagner reported on his attendance at the last Arts
Commission meeting, the Regional Access Mobility Partnership
meeting, a meeting with Puget Sound Energy representatives
regarding potential solar power systems for the new community
center, the Senior Center coffee hour, the Valley Regional Fire
Authority Governance Board and Finance Committee meetings, and
Cam Cutler's memorial.
Councilmember Wales reported on her attendance at the National
League of Cities (NLC) Conference where she met with Senators
Maria Cantwell and Patty Murray and Congressmen Dave Reichert
and Denny Heck. While at the NLC Conference, she attended large
sessions attended by Vice President Biden and Senator John
McCain as well as steering and advocacy committee meetings on
human development and work sessions on aging, health care,
immigration, and gun control.
Councilmember Holman reported on his attendance at the National
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League of Cities (NLC) Conference where he met with Senators Maria
Cantwell and Patty Murray and Congressmen Dave Reichert and
Denny Heck regarding the effects of sequestration on local
government and the need for certainty and stability for planning and
budgeting. Councilmember Holman also met with Chief Betty Rhodes
of the Veterans Benefits Administration regarding adaptive housing
and forming partnerships with businesses, non-profit organizations,
and the Veterans Administration to assume bankrupt, abandoned
homes and rehab the homes with adaptations for wounded/disabled
veterans. He also reported on his attendance at NLC steering
committees for first tier suburban cities and community and economic
development. Also, while at the NLC Conference, Councilmember
Holman reported that he spoke to several representatives of junior and
youth councils about their bylaws, procedures, and benefits to their
cities.
Councilmember Peloza thanked Landmark Development for their
investment in downtown Auburn and their plans to develop the
"Cavanaugh" block. Councilmember Peloza spoke briefly regarding
sewer capacity charges and Metro wastewater conveyance.
Councilmember Peloza reminded the new season of the Auburn
International Farmers Market will start June 9, 2013. Councilmember
Peloza also reported on his attendance at the National League of
Cities (NLC) Conference where he attended the Energy, Environment
and Natural Resources Steering Committee meetings.
Councilmember Peloza also attended the memorial service for Cam
Cutler.
Councilmember Osborne reported on attendance at the National
League of Cities (NLC) Conference where he spoke to members of the
Congressional delegation regarding completion of Highway 167 and
attended meetings of the Transportation, Infrastructure, and Services
Committee where discussions included potential funding sources for
construction and repairs and Amtrak services.
Councilmember Partridge reported on his attendance at the Regional
Law, Safety and Justice Committee meeting where discussions
included ways to maximize resources, reduce redundancies, build
partnerships, and manage jail populations. Councilmember Partridge
also reported on his attendance at the National League of Cities (NLC)
Conference where he attended meetings of the Public Safety Crime
Prevention Advocacy and Steering Committee as well as sessions on
reducing gun violence in America and the Marketplace Fairness Act
and meetings with the Western Municipal Association.
B. From the Mayor
Mayor Lewis reported that the South Correctional Entity (SCORE)
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reports that the costs for the SCORE system have declined as well as
the cost to the City. Mayor Lewis spoke briefly regarding the City's
Connections training or three Cs of customer service: City Service
(service to co-workers), Customer Service (service to our citizens) and
Care in Service (service to our entire community). Mayor Lewis spoke
about his work with Congressman Heck regarding their efforts to
secure funding for the completion/extension of Highway 167 and the
need to invest in and modernize the infrastructure and Ports of Seattle
and Tacoma to accommodate the new Panamax and post-Panamax
vessels. Mayor Lewis reported on his attendance at several events,
including the Pierce County Cities and Towns meeting, the cup
stacking championship held at Auburn High School, the Christ
Community Free Clinic fund raising benefit, a meeting with Amtrak
officials, a meeting with the U.S. Conference of Mayors, a meeting
with U.S. Department of Housing officials, and meetings with veterans
organizations. Mayor Lewis also reported on his attendance at the
memorial service for Cam Cutler and the Auburn Noon Lions
Club fund raising auction.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:22 p.m.
APPROVED this _____ day of April, 2013.
___________________________ ______________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
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CA.A Page 48 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
March 27, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to approve Claims Vouchers
Background Summary:
Claims check numbers 421291 through 421591, in the amount of $1,320,530.11 and
dated April 1, 2013.
Reviewed by Council Committees:
Councilmember:Partridge Staff:Coleman
Meeting Date:April 1, 2013 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 49 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
March 27, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to approve Payroll Vouchers
Background Summary:
Payroll check numbers 533690 through 533721 in the amount of $283,042.12 electronic
deposit transmissions in the amount of $1,260,268.29 for a grand total of $1,543,310.41
for the period covering March 14, 2013 - March 27, 2013.
Reviewed by Council Committees:
Councilmember:Partridge Staff:Coleman
Meeting Date:April 1, 2013 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 50 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Consultant Agreement No. AG-C-431
Date:
March 28, 2013
Department:
Public Works
Attachments:
No Attachments
Available
Budget Impact:
$130,284.00
Administrative Recommendation:
City Council grant permission to enter into Consultant Agreement No. AG-C-431 with
FCS Group, Inc. for the Water, Sewer, and Stormwater Cost of Service Rate and Charge
Study.
Background Summary:
Background Summary
The study includes a cost of service analysis and system development charge (SDC)
review. Cost of Service looks at utility rate structures in relation to customer equity. The
SDC review will evaluate the adequacy of SDC to fund capacity related capital projects.
The following summarizes major work activities performed during the City of Auburn’s
Water, Sewer, and Stormwater Cost of Service Rate and Charge Study. Note that the
following also includes optional tasks that may be performed.
Model Development
Utilizing the cost of service/rate design modules developed for the City during the 2010
rate studies, revenue requirement transition worksheets will be created to incorporate the
pertinent line item detail for each utility from the City’s current combined financial
models.
Retail Cost of Service Analysis
The cost of service analysis provides a defensible basis for assigning “cost shares” and
establishing “equity” for utility customers based on their unique demands placed on the
systems.
Retail Rate Structure Evaluation
Review and analyze the current utility retail rate structures. Recommend rate structure
modifications reflective of cost-of-service findings and policy objectives for rate stability,
customer equity, efficiency of use, and administrative practicality.
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 51 of 131
System Development Charge Update
Conduct the technical analysis necessary to update water, sewer, and stormwater SDCs
using the methodology developed for the 2010 rate and charge study.
Optional Study Tasks
SDC White Paper
Craft and submit a white paper addressing general SDC background, philosophy, and
alternative methodologies commonly used in the industry and in compliance with
Washington State legal precedence.
Wholesale Cost of Service / Rate Analysis
Update wholesale revenue requirements and resulting rates over the study period. The
analysis will be consistent with wholesale service agreements / service requirements,
incorporating existing conditions and City policy direction.
Braunwood Cost of Service / Rate Analysis
We will perform a separate cost of service analysis to determine the actual cost of
servicing this system and establish a separate schedule of rates for this system to be
financially self-supporting, inclusive of the cost of maintaining and replacing its capital
infrastructure.
Project Schedule
SDC Review: Complete late 2nd Quarter 2013
Cost of Service Analysis: Complete 4th Quarter 2013
Project Cost Summary
Base Study: $94,380.00
Optional Tasks: $35,904.00
Total $130,284.00
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:April 1, 2013 Item Number:CA.D
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AUBURN * MORE THAN YOU IMAGINEDCA.D Page 53 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6452
Date:
February 14, 2013
Department:
Public Works
Attachments:
Ord 6452
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Initial Buildout Map
Budget Impact:
$0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6452.
Background Summary:
Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any
commercial utility or telecommunications operator or carrier or other person who desires
to occupy public ways of the city and to provide telecommunications or commercial utility
services to any person or area in the city.
Zayo Group L.L.C. has applied for a Franchise Agreement to be able to construct within
the City’s rights of way a fiber optic telecommunications network. These facilities would
be part of a larger network of infrastructure that Zayo is building throughout the Puget
Sound region The company’s primary customers are other telecommunications
companies, large enterprise class companies, government agencies and other large to
mid-size organizations who require communications and data services. Zayo does not
provide direct, retail services to end user consumers, but instead provides wholesale
services to existing retail telephone companies that enable them to offer end user
services.
The initial proposed build-out includes underground installations by directional boring
and overhead installations on existing utility poles. The proposed franchise area is all
rights of way in the City, with the initial build-out to be located in portions of the right of
way of S 277th Street, D Street NE, Auburn Way North, 37th Street NE/NW and I Street
NW. The applicant is requesting the entire City as the proposed franchise area so that
future expansion of their facilities may be accommodated without having to amend the
agreement for each installation. Future installation of facilities is done on a demand basis
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 54 of 131
when there is a specific order from their customers that desire to connect to their network
under long term service contracts. By installing on a demand basis rather than a
speculative basis they avoid unnecessary installations, disruptions, permits and cost for
anticipated future use that may not materialize. Exact locations, plans, engineering and
construction schedules would be reviewed, approved and managed through the City’s
permitting processes that are a requirement of the Franchise Agreement.
Ordinance No. 6431, if adopted by City Council, approves Franchise Agreement No. 12-
41 subject to terms and conditions outline in the Ordinance.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Wagner Staff:Dowdy
Meeting Date:April 1, 2013 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 55 of 131
ORDINANCE NO. 6 4 5 2
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 March 18, 2013, 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.
Ordinance No. 6452
January 29, 2013
Page 1 of 15
ORD.A Page 56 of 131
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
Ordinance No. 6452
January 29, 2013
Page 2 of 15
ORD.A Page 57 of 131
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.
Ordinance No. 6452
January 29, 2013
Page 3 of 15
ORD.A Page 58 of 131
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
Ordinance No. 6452
January 29, 2013
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ORD.A Page 59 of 131
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
Ordinance No. 6452
January 29, 2013
Page 5 of 15
ORD.A Page 60 of 131
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
Ordinance No. 6452
January 29, 2013
Page 6 of 15
ORD.A Page 61 of 131
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 Clty
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
Ordinance No. 6452
January 29, 2013
Page 7 of 15
ORD.A Page 62 of 131
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.
Ordinance No. 6452
January 29, 2013
Page 8 of 15
ORD.A Page 63 of 131
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
Ordinance No. 6452
January 29, 2013
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ORD.A Page 64 of 131
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
Ordinance No. 6452
January 29, 2013
Page 10 of 15
ORD.A Page 65 of 131
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
Ordinance No. 6452
January 29, 2013
Page 11 of 15
ORD.A Page 66 of 131
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.
Ordinance No. 6452
January 29, 2013
Page 12 of 15
ORD.A Page 67 of 131
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
Ordinance No. 6452
January 29, 2013
Page 13 of 15
ORD.A Page 68 of 131
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
Ordinance No. 6452
January 29, 2013
Page 14 of 15
ORD.A Page 69 of 131
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
4,
a WAtftto
Published:
Ordinance No. 6452
January 29, 2013
Page 15 of 15
ORD.A Page 70 of 131
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
ORD.A Page 71 of 131
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.
ORD.A Page 72 of 131
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.
ORD.A Page 73 of 131
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:
ORD.A Page 74 of 131
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
ORD.A Page 75 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6457
Date:
March 27, 2013
Department:
Planning and Development
Attachments:
Ord 6457
Budget Impact:
$0
Administrative Recommendation:
City Council approve Ordinance No. 6457.
Background Summary:
The City Council enacted Ordinance No. 6424 on November 19, 2012, adopting different
provisions pertaining to animal control. Section 3 of that Ordinance, adding a new
section 6.04.070 to the Auburn City Code related to animal licenses, erroneously
contained language related to license fees that did not reflect the Council’s intent. Also,
Section 246-100-197 of the Washington Administrative Code (“WAC”) requires all dogs,
cats, and ferrets to be vaccinated against rabies, and WAC 246-100-070 requires local
jurisdictions to enforce this requirement and additional technical corrections need to be
made to the table of penalties in Section 6.01.201. Also a new Section is being added to
recognize and honor lifetime licenses previously issued by King County.
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development
Councilmember:Peloza Staff:Tate
Meeting Date:April 1, 2013 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 76 of 131
ORDINANCE NO. 6 4 5 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTERS 6.01 AND 6.04 OF THE AUBURN CITY
CODE ALL RELATING TO ANIMAL CONTROL AND
LICENSING
WHEREAS, the City enacted Ordinance 6424 on November 19, 2012,
adopting different provisions pertaining to animal control; and,
WHEREAS, Section 3 of that Ordinance, adding a new section 6.04.070
to the Auburn City Code related to animal licenses, erroneously contained
language related to license fees that did not reflect the Council's intent, as that
intent was reflected in Council Committee discussions; and,
WHEREAS, the City Council wishes to correct this error by amending
Ordinance 6424; and,
WHEREAS, Section 246-100-197 of the Washington Administrative Code
WAC") requires all dogs, cats, and ferrets to be vaccinated against rabies, and
WAC 246-100-070 requires local jurisdictions to enforce this requirement; and,
WHEREAS, additional technical corrections need to be made to the table
of penalties in Section 6.01.201.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 6.04.070 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.04.070 Animal licenses.
A. Animal licenses shall be issued by the City and/or its authorized
contractor and may be issued by veterinarians, pet shops, catteries, and kennels
and other approved locations upon application and the payment of a license fee
according to the schedule provided by the resolution of the City Council. They
Ordinance No. 6457
February 8, 2013
Page 1 of 8ORD.B Page 77 of 131
shall be subject to the following:
B. Applications for an animal license shall be on forms provided by the
City. Upon application and the payment of a license fee according to the
schedule provided in the City's fee schedule, animal licenses shall be issued by
the City or approved entities.
C. Any and all fees associated with the licensing of pets shall be
established and may be amended by resolution of the City Council.
D. Animal licenses for dogs and cats shall be valid
for a period of one year from the date on-44
which the license is issued and shall be renewed annually. sub}eGt ta-t#e
follewon- '
For a license .issued by King County Regional Animal Services prior to January 1,
2013, this license shall be considered by the City to be valid through its
expiration date and no City of Auburn license shall be required until after said
expiration date. The City shall recognize as valid "lifetime" licenses issued by
King County Regional Animal Services prior to January 1 2013. Existing lifetime
licenses are not transferable to any other pet.
i.F017 a- liGeR6e issued by King County Regional Animal SeNi
shall be resPGRsible feF applying foF a Gity of Auburn liGense and paying a pFe
Fated foe fer the remaining nerieel of'M12
2.Persons applying fA-F an aniixial lir--ense with the Gity beginning OR
ianuap 1, 2013 that de- not have a GUFFent a IiGeRse issued
1;
3 — - -
M*
linen inn nrnness and feed
E. Juvenile licenses may be obtained in lieu of an unaltered animal
license for animals from eight weeks to six months old.
F. A person under the age eighteen years is not eligible to purchase
an animal license.
G. City residents who qualify under the provisions of Chapter 13.24 of
the Auburn City Code may purchase a discounted animal license for their cats or
dogs that are neutered or spayed and that are maintained at the registered
owner's registered address.
H. Disabled residents that meet one or more of the following eligibility
requirements and complete and submit the required City form may purchase a
discounted animal license for their cats or dogs that are neutered or spayed and
that are maintained at the registered owner's registered address:
1. Current King County Metro Regional Reduced Fare Permit.
2. Certification from the Veterans Administration of a disability of at
least 40 percent.
3. Valid Medicare card issued by the Social Security Administration.
4. Valid Regional ADA paratransit card issued by King County Metro
or Pierce Transit or Sound Transit.
5. Obvious physical impairment.
6. Current participation in a vocational career program through the
Washington State Individual Education Program.
Ordinance No. 6457
February 8, 2013
Page 2 of 8ORD.B Page 78 of 131
7. Medically disabled as certified by a physician, psychiatrist,
psychologist, physician's assistant, advanced registered nurse practitioner or
audiologist, licensed in the State of Washington.
Service animals shall be licensed but no license fee shall be required
Section 2. Amendment to City Code. That section 6.04.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.04.010 License Required.
It is unlawful for any person to own, keep, or have control of a dog or cat over the
age of 8 weeks, whether confined or not, within the corporate boundaries of the
City without having a current license tag attached to the collar or harness which
is worn by the dog or cat or having been lawfully implanted with a microchip. Any
dog or cat which is off the premises of its owner must have a current license,
regardless of its age. If any dog and/or cat which is required to be licensed is
found without a current license, it may be seized and impounded by the animal
control agency or the law enforcement agency of the City. Additionally, such
seizure and impoundment will not preclude the issuance of a criminal complaint.
Proof of rabies vaccination is required as a condition to obtaining a license.
Section 3. Amendment to City Code. That a new section, 6.04.015,
Rabies Vaccination Required" of the Auburn City Code be and the same hereby
is adopted to read as follows:
6.04.015 Rabies Vaccination Required.
All dogs, cats, and ferrets over the age of eight (8) weeks shall be vaccinated for
rabies. Provided, that this requirement may waived upon certification from a
licensed veterinarian that the animal, for medical reasons, should not be
vaccinated for rabies.
Ordinance No. 6457
February 8, 2013
Page 3 of 8ORD.B Page 79 of 131
Section 4. Amendment to City Code. That section 6.04.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.04.020 Display or Evidence of License.
A. Any person in possession of a dog or cat in a public place must, upon
demand from an animal control officer or police officer, display the
animal's license tag and proof of rabies vaccination, except that a dog or
cat properly implanted with a microchip in accordance with this chapter
need not display a tag, but must allow the officer to scan or read the
microchip. Refusal to display the tag or to allow scanning or reading the
microchip is a violation and the animal may be impounded.
B. Owners that choose to have their dog or cat implanted with a microchip
shall be responsible for licensing their dog or cat with City and shall pay all
required and applicable licensing fees.
C. Any person in possession of a dog or cat on private property that is not
open to the public must, upon demand from an animal control officer or
police officer, provide proof that the animal is licensed in accordance with
this title.
Section 5. Amendment to City Code. That section 6.01.210 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.01.210 Penalties for violation
a. Unless specifically designated in this Title as a gross misdemeanor or
misdemeanor or is specified to be enforced pursuant to other law, including, but
not limited to, other chapters or titles of this Code, any violation of this Title shall
constitute a Class 1 infraction, with a penalty not to exceed $250, not including
statutory assessments. Such penalty is in addition to any other remedies or
penalties specifically provided by law. For each act herein prohibited of a
continuing nature, each day shall be considered a separate offense. For all
Ordinance No. 6457
February 8, 2013
Page 4 of 8ORD.B Page 80 of 131
infractions with graduated penalties for subsequent offenses, the offenses are
measured on a "rolling" basis; i.e., within the most recent 12 months.
b. Unless specified otherwise in the Auburn City Code, the penalties for
violation of this Title are:
Code Provision Violation Penalty
6.01.060 Interference with impounding Maximum $5,000.00, 364
an animal days GM
6.01.130 Duties upon injury or death to Maximum $1,000.00, 90
an animal days M
6.01.140 Cruelty to Animals (adopting Max. $5,000.00, 364 days
RCW 16.52) GM
6.01.150 Crimes related to Animals Mandatory $500.00 fine
adopting RCW 9.08) GM)
6.01.160 Interfering with dog guide or Maximum $5,000.00, 364
service animal (adopting RCW days (GM)
9.91.170
6.01.170 Interfering with search and Maximum $5,000.00, 364
rescue dog (adopting RCW days (GM)
9.91.175
6.01.180 Unlawful Traps (adopting RCW Maximum $5,000.00, 364
77.15.194, 77.15.196) days GM
6.01.200 Poisoning Animals (adopting Maximum $5,000.00, 364
RCW 16.52.190) days GM
6.02.010(A) Animal at Large 1st
offense $50.00
2nd
offense $100.00
3`d
offense $200.00
4th
and subsequent offense
250.00 (1)'
6.02.020 Failure to confine dog or cat in 1st
offense $50.00
heat 2nd
offense $100.00
3`d
offense $200.00
4th
and subsequent offense
250.00 (l)
6.02.030 Possession of a Rooster 1" offense $50.00
2nd
offense $100.00
3`d
offense $200.00
4th
and subsequent offense
250.00 (l)
6.02.040 Dog off-leash 1" offense $50.00
For all infractions with graduated penalties, the offenses are measured on a "rolling" basis; i.e.,
within the most recent 12 months.
Ordinance No. 6457
February 8, 2013
Page 5 of 8ORD.B Page 81 of 131
Code Provision Violation Penalty
2 Id
offense $100.00
3rd
offense $200.00
4th
and subsequent offense
250.00 (l)
6.02.050 Dog chasing vehicle on public
1S
offense $50.00
road
2nd
offense $100.00
3`d
offense $200.00
4th
and subsequent offense
250.00
6.02.080 Dog jumping or threatening 1" offense $50.00
pedestrian
2nd
offense $100.00
3`d
offense $200.00
4th
and subsequent offense
250.00
6.02.090 Animal injuring human,
domestic animal, or livestock days (M)
250.00 GM
6.02.100 Directing dog to attack or Maximum $5,000.00, 364
harass days GM
6.02.110 Directing dog to attack or Maximum $5,000.00, 364
harass public officer days
Minimum of$500.00, 5
days in jail GM
6.02.120 Use of dog in illegal activity 500.00 GM
6.02.130 Animal injuring private and If value of damage to the
public property property is less than $750,
the penalty shall be up to
250.00 (l)
If value of the damage to
the property is equal to or
greater than $750, the
Maximum penalty shall be
1,000.00, and 90 days
M
6.02.132(A) Failure to remove animal 25.00 (l)
waste.
6.02.132(6) Failure to posses equipment to $25.00 (l)
remove animal waste
6.02.140 Animal Noise 50.00
6.02.150 Unlicensed transfer of animals $50.00 (l)
in public place
2 Note: This is also a violation of 8.28.010(C). However, the penalties for that are civil fines that
must be imposed as part of code enforcement.
Ordinance No. 6457
February 8, 2013
Page 6 of 8ORD.B Page 82 of 131
Code Provision Violation Penalty
6.04.010 Failure to license dog or cat 50.00 (l)
6.04.020(A) Failure to display license or 50.00 (l)
allow to scan for microchip
6.04.020(6) Failure to provide proof of 50.00 (l)
licensing
6.04.040 . Violation of maximum number $50.00 (l)
of do s/
cats3
6.04.060 Sale or gift of unaltered pet in $50.00 (l)
public
6.04.090 Sale or transfer of unlicensed $50.00 (l)
et
6.04.130 Insufficient check/stop payment $50.00 (l)
for check used to purchase
license
6.04.015 Failure to get rabies 50.00
vaccination
6.04.170(A) Transfer of puppies of dog not $50.00 (l)
licensed as unaltered
6.04.170(6) Transfer of kittens of cat not 50.00 (l)
licensed as unaltered
6.04.170(D) Failure to list license number 50.00 (l)
on advertisement
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 7. 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.
3 Note: This is also a violation of ACC 18.31.230, and may be processed by Code Enforcement
Ordinance No. 6457
February 8, 2013
Page 7 of 8ORD.B Page 83 of 131
Section 8. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED TO FORM:
D niel . Hei , *CityAttome
Published:
Ordinance No. 6457
February 8, 2013
Page 8 of 8ORD.B Page 84 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4916
Date:
March 27, 2013
Department:
Finance
Attachments:
Res 4916 - 1
Res 4916 -2
Budget Impact:
$0
Administrative Recommendation:
City Council adopt option one or option two of Resolution No. 4916
Background Summary:
Attached are two options for the repayment of the interfund loan from the Cumulative Reserve
fund to the Golf Course fund:
Option 1:
Extend the interfund loan in the amount of $300,000 through the end of the 2013 at which time
the loan will be reviewed to determine if the fund has the ability to repay the loan all or in
part. $50,000 of the loan will be repaid in April 2013.
Option 2:
Extend the interfund loan in the amount of $350,000 with monthly payments in the amount of
$5,500 through the end of 2013, leaving a balance of $300,500 by year end. The loan will be
reviewed at year end to determine if the fund has the ability to repay the loan all or in part.
Approval of this resolution (No. 4916) authorizes and extends the interfund loan Resolution No.
4691 approved April 2011.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Partridge Staff:Coleman
Meeting Date:April 1, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 85 of 131
RESOLUTION NO. 4 9 1 6
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
WHEREAS, revenues in the Golf Course Fund are seasonal in nature;
and
WHEREAS, there may be insufficient funds available from time to time
during the period January 2011 to December 2013 in the Golf Course Fund to
cover authorized expenditures for debt service and operating cash; and
WHEREAS, the Cumulative Reserve Fund has sufficient funds from
which to transfer funds in an amount not to exceed THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) for the purpose of making loans to cover
authorized expenditures from the Golf Course Fund (Fund No. 437); and
WHEREAS, in the event a loan is made from the Cumulative Reserve
Fund (Fund No. 122) to the Golf Course Fund (Fund No. 437) as provided
above, the loans shall bear interest at the State of Washington pool rate, and
WHEREAS, the City Council approved Resolution No. 4691 on April 4,
2011, authorizing the loan through December 2012; and
WHEREAS, this previously approved loan needs to be extended to the
end of the year to December 2013 as the financial condition of the Golf Course
Fund has not yet improved to the point where it can repay this loan.
Resolution No.4916
February 26, 2013
Page 1 of 3RES.A Page 86 of 131
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. Authorization is hereby given during the time
period January 2011 to December 2013 for the transfer of funds to the Golf
Course Fund, when there are insufficient funds available therein to cover
authorized expenditures for debt service and operating cash, in an amount not
to exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.00),from the
Cumulative Reserve Fund for the purpose of making a loan bearing interest at
the Washington State pool rate.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
DATED and SIGNED this day of 2013.
PETER B. LEWIS, MAYOR
ATTEST:
Danielle Daskam
City Clerk
Resolution No.4916
February 26, 2013
Page 2 of 3RES.A Page 87 of 131
APPROVED AS TO FORM:
Daniel B. Heid
City Attorney
Resolution No.4916
February 26,2013
Page 3of3RES.A Page 88 of 131
RESOLUTION NO. 4 9 1 6
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
WHEREAS, revenues in the Golf Course Fund are seasonal in nature;
and
WHEREAS, there may be insufficient funds available from time to time
during the period January 2011 to December 2013 in the Golf Course Fund to
cover authorized expenditures for debt service and operating cash; and
WHEREAS, the Cumulative Reserve Fund has sufficient funds from
which to transfer funds in an amount not to exceed THREE HUNDRED FIFTY
THOUSAND DOLLARS ($350,000.00) for the purpose of making loans to cover
authorized expenditures from the Golf Course Fund (Fund No. 437); and
WHEREAS, the Golf Course Fund will make monthly payments in the
amount of$5,500 per month beginning in April 2013; and
WHEREAS, in the event a loan is made from the Cumulative Reserve
Fund (Fund No. 122) to the Golf Course Fund (Fund No. 437) as provided
above, the loans shall bear interest at the State of Washington pool rate, and
WHEREAS, the City Council approved Resolution No. 4691 on April 4,
2011, authorizing the loan through December 2012; and
Resolution No.4916
March 26, 2013
Page 1 of 3RES.A Page 89 of 131
WHEREAS, this previously approved loan needs to be extended to the
end of the year to December 2013 as the financial condition of the Golf Course
Fund has not yet improved to the point where it can repay this loan in full.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. Authorization is hereby given during the time
period January 2011 to December 2013 for the transfer of funds to the Golf
Course Fund, when there are insufficient funds available therein to cover
authorized expenditures for debt service and operating cash, in an amount not
to exceed THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00)
from the Cumulative Reserve Fund for the purpose of making a loan bearing
interest at the Washington State pool rate.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
DATED and SIGNED this day of 2013.
PETER B. LEWIS, MAYOR
ATTEST: Danielle Daskam
City Clerk
Resolution No.4916
March 26,2013
Page 2 of 3RES.A Page 90 of 131
APPROVED AS TO FORM:
Daniel B. Heid
City Attorney
Resolution No.4916
March 26,2013
Page 3 of 3RES.A Page 91 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4927
Date:
March 13, 2013
Department:
Parks/Art and Recreation
Attachments:
Res 4927
Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4927.
Background Summary:
Reviewed by Council Committees:
Municipal Services, Planning And Community Development
Councilmember:Peloza Staff:Faber
Meeting Date:April 1, 2013 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 92 of 131
RESOLUTION NO. 4 9 2 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE
OF A GRANT FROM KING CONSERVATION DISTRICT AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS
WHEREAS, the City of Auburn International Farmer's Market, on behalf of the
City of Auburn, submitted an application to King Conservation District; and
WHEREAS, the City has been advised that it has been approved to receive a
grant from said program in the amount of Twenty Thousand and No/100s Dollars
20,000.00); and
WHEREAS, acceptance of the grant will benefit the citizens of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. Acceptance of Grant and Authorization of Agreement. The City
Council hereby accepts the King Conservation District grant, in the amount of Twenty
Thousand and No/100s Dollars ($20,000.00), and authorizes the Mayor and City Clerk
to execute the Agreement with King Conservation District in substantial conformity with
the Agreement marked as Exhibit "A" attached hereto and incorporated herein by this
reference.
Section 2. Implementation. The Mayor is further authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation, including assuring that the grant fund appropriation is included in the
appropriate budget documents of the City.
Resolution No. 4927
March 27,2013
Page 1RES.B Page 93 of 131
Section 3. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
SIGNED and DATED this day of 2013.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ar
EDD A O FORM:
D ' 1 B. Heid, City Attorney
Resolution No. 4927
March 27,2013
Page 2RES.B Page 94 of 131
i
King Conservation District
1107 SW Grady Way,Suite 130 •Renton,WA 98057•Phone(425),282-1897•Fax(425)282-1898•E-mail district®kingcd.org
February 25,2013
Joanne Macnab
City of Auburn
9109th St SE
Auburn,WA 98002-6200
Dear Joanne,
Enclosed are two copies of an Agreement for award of a King Conservation
District Member Jurisdiction Grant. This grant is funded with King
Conservation District Special Assessment funds allocated to the City of Auburn.
This letter confirms that a King Conservation District Member Jurisdiction grant I
in the amount of$20,000.00 was awarded on 02/11/2013.
i
After obtaining signatures from City of Auburn representatives,return both
copies of the Agreement to me. I will obtain the required signatures from King
Conservation District representatives and forward a signed original for your
records.
Shortly after the grant was awarded,King CD grant staff notified you by
electronic mail. King CD considers that notification of award as notice to
proceed on the scope of work approved. While the award has been approved,
the way the District makes grant payments has changed.
The Board of Supervisors recently approved a resolution revising the Member
Jurisdiction grant program that states that"all existing and future grant payments
associated with approved grant agreements will be made on a reimbursement basis. I
Grantees will provide adequate documentation demonstrating the completion of
stated deliverables in the grant application,including but not limited to invoices,in
order to request payment of approved grant project expenses as detailed in the
application budget. Request for payment must be submitted at least 30 days prior to i
the day payment is needed by. Ten percent of the grant award will be held by the
District until all reporting and expense documentation is submitted and approved
and the close out process is complete." This is to replace the current process of
paying 90% of the grant award upfront.
a
KCD Ref; 13-082-Joanne Macnab,Auburn,2013 AIFM agreement letter
aRES.B Page 95 of 131
i
This policy change was made by the Board of Supervisors as a result of the Supreme
Cotirf' uling in the Mason/Carey case,legal challenges, the resulting budget
shortfall,and at the request of'partner jurisdictions.
The Board looks forward to the successful implementation of this project.We are
hopeful that this policy change will enable our partners to continue implementing
natural resource improvement projects.
You can find the forms to use when submitting progress reports,expense
reports,and forms for use when requesting a revision to your grant agreement
on our webpage,at ldngcd.org1pro gra.hhn. We have_a new reimbursement
request form available on the webpage as well.You may submit the form along
with supporting documentation via email or regular mail.
Sincerely,
7/7 1
Michael S Jones
Administrative Assistant
Enclosures (1)
KCD Ref: 13-082-Joanne Macnab,Auburn,2013 AIFM agreement letter
RES.B Page 96 of 131
AGREEMENT FOR AWARD
OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT
City of Auburn
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton,
WA 98057 (referred to herein as "District"), and City of Auburn, a municipal corporation in
King County, Washington, located at 910 9th St SE, Auburn,WA 98002-6200 (referred to herein
as "Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to be of special benefit
to lands; and
1.2 Whereas,pursuant to RCW 89.08.400, King County has authorized and imposed a
system of assessments to finance the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources; and
1.4 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW and the
District's policies and procedures for awarding grants; and
1.5 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Twenty
Thousand Dollars ($20,000.00) from 2012 Assessments. Grant funds shall be used by Recipient
solely for the performance of the work described in Exhibit A which is attached hereto and
incorporated herein by this reference. The District shall pay the grant funds to Recipient in
accordance with the District's policies and procedures, including but not limited to, the policies 3
and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application
Instructions and Policies, provided that such funds have been collected and received by the
District.
s3
1
r
i
Page 1 of 4
RES.B Page 97 of 131
i
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal
Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's jurisdictional
boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in
place for that area. Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due June 30 and November 30 each year. The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals.
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
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2.7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington("BARS").
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2.8 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. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or 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. Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision.
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to
or death of person or damage to property allegedly resulting from the negligent or intentional acts
of the Recipient or any of its employees, agents, contractors or subcontractors in connection with
this Agreement.
2.12 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.
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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.
DISTRICT: RECIPIENT:
By By
Name Name
Title Title
Date Date
Approved"as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
By By
Name
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Date — 1 Date
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Exhibit A
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Member Jurisdiction
WRIA Forum Grant Program
Grant Application
King conservation District
Project Title: Auburn International Farmers Market(AIFM)—Marketing and Promotion-2013 Season
Applicant: City of Auburn,WA Contact: Joanne Macnab
Principal Partners(if any): Title: Auburn International Farmers Market
Manager
Address:
City of Auburn Parks,Arts&Recreation
Total Project Cost: $62,600 910—9`h ST SE
WRIA Funding H Jurisdiction Funding Auburn,WA 98002-6200
KCD Funding Requested: $20,000 Phone: 253 266-2726
Project Start Date: January 2013 Fax: 253 931-4005
Project End Date: December 2013 E-mail; jmacnab @auburnwa.gov
1. Project Description —provide a brief description of the project that summarizes
what you will do, how you will do it, and why you will do it. Consider the following in
the answer to this question: what pressing need will be addressed by the project or
what promising opportunity will be capitalized on? Who or what will benefit or be
positively and negatively affected?
The Auburn International Farmers Market(AIFM)was organized to provide a venue
where local farmers could supply local buyers with farm fresh produce and
opportunities to learn more about sustainable agriculture. The market is open on
Sundays from mid-June through the end of September and serves as a weekend
destination for Auburn's downtown core. The market is located on the Sound Transit
station plaza that serves both commuter rail and metro bus hub. The market began
its planning in 2007 and opened its 1St season in June 2009. To assist the market the
first year, a volunteer group was formed and a market manager was hired by the City
of Auburn, Parks Department to oversee market activities. Start-up supplies were
purchased and vendor recruitment and training commenced. The market established
a brand identity. it also invested in general advertising, including newspaper ads,
banners, a-frame signage, postcards, posters and other media to promote the
market to both customers and other vendors. The City of Auburn and the community
embraced this opportunity to re-vitalize the city identity as a viable farming
community.
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The 1st season (2009) of the Auburn International Farmers Market attracted 50
Washington farmers; 75% of them were full time farmers. The farm vendors provided
20,000 market shoppers an opportunity to learn where their food was produced,
thereby, attaining the Auburn International Farmers Market first year goals. The
market proved to be a valuable contribution to the downtown revitalization.
In the 2nd season (2010), the AIFM partnered with the Puget Sound Fresh
Organization, which is a program of the Cascade Harvest Coalition,to educate the
public on the variety of apples grown in Washington State. The market developed a
coalition of local agencies that brought about awareness of farming and included the
following:Women, Infant and Children (WIC);Auburn Food Bank;
Member Jurisdiction&WRIA Forum Grant Program,Application • December 20,2012 • Page 1 of 7
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Aul.um Community Garden; Auburn School District(four local schools); City of
Auburn; Washington State University Extension; City of Auburn 4-H; Kiwanis;
Soroptimists; Optimists; Lions; Rotary; YMCA; King County Library; Readers to
Eaters and local churches.
In the 3rd season (2011), the AIFM expanded the focus to improve community
service and community outreach by providing complementary market booths to
service agencies/organizations including:
The Valley Regional Fire Authority which serves the communities of Algona,
Auburn and Pacific
The Susan G. Komen Foundation
The Seattle Humane Society
The Auburn,Algona-Pacific and Muckleshoot Libraries
In the 2011 season, the AIFM had 24 farmer/producer vendors. These are full time
farmers that are dependant on farmers markets to keep their businesses going and
do as much as 80%of their sales at a farmers market. The King County Agriculture
Program is researching the produce/product actually grown in King County through
market surveys. At the AIFM, the Counties of Douglas, Island, Pierce, Skagit and
Yakima made up 42%of those farmer/producer vendors, while 58%were from King
County.
As the result of a 2012 King Conservation District Grant of$20,000.00, the AIFM
expanded its marketing and promotion plan and reached a broad community of
market shoppers with paid advertisements,two separate postcard mailings to
customers surrounding the market, a sponsorship with the Auburn Reporter to run
consistent ads and a series of social media ads through Facebook.
This plan brought over 23,000 shoppers to the Market. The Market also expanded
the education and demonstration component. Celebrity gardening experts Ciscoe
Morris"Gardening with Ciscoe" and Marianne Binetti brought devoted followers to
the Market and their workshop/question and answer sessions were well received.
Furthermore, demonstrations were conducted that taught customers the importance
of healthy eating and the impact of local farms to the regional economy. The Market
also provided educational sessions which demonstrated ways to preserve the locally
grown foods for use throughout the year. This education and demonstration
component and expanded marketing and promotion plan resulted in a 20% increase
in attendance over the 3rd season (2011).
In 2013, the market is seeking funds to continue the highly successful marketing and
promotion plan with paid advertisements and mailings, marketing materials, social
media ads through Facebook and a continued relationship with the Auburn Reporter
to run consistent ads at a reduced rate. In addition,the market is seeking funds to
continue the education and demonstration component and uphold the partnerships
with the King County Department of Health, Washington State University Extension
Programs, Community Gardening and NW Chefs. Providing informational sessions
and demonstrations is essential for consumers to learn about the importance of
healthy eating, sustainability and the impact local farms have on the regional
economy.
Many partnerships have been formed since the inaugural year(2009)to assist in the
success of the Auburn International Farmers Market. Sound Transit, a regional rail
and bus authority, provides the location and site for the Market on an in-kind basis.
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The`rCities of Algona and Pacific provide in-kind resources to assist with market
logistics and local service clubs, churches and area businesses have been
supportive by spreading the word about the market. In the past four seasons, the
AIFM farmers have donated over 15,000 pounds of food to the Auburn Food Bank.
The AIFM would also be pleased to have KCD at the AIFM as a part of this
grant.A booth would be made available for KCD each Sunday for the sixteen
week season, from June 9 through September 22, 2013. Please advise what
dates would work best for KCD.
2. Natural Resource Improvement Actions—describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of
the application instructions. Consider the following in your answer to this question:
What natural resources will be improved? What are the known needs, gaps or
deficits that will be addressed? What are the known benefits to soil, water, air,
plants, fish and wildlife, landowners?
Local farmers consider their enterprise a primary livelihood. Typically, small local
family farmers(as opposed to"factory"farmers) are more invested in the land, more
concerned with conserving water,wasting less, reducing packaging, and depleting
less topsoil through proper crop rotation and management. Small family farms are
less likely to use large amounts of pesticides, hormones, or antibiotics,whose
residues impact our water supply and environment, i.e., pesticides in fish and
subsequently in humans. In addition, local sustainable farming conserves topsoil
mineral wealth to a much greater extent than "factory"farming.
Farmers from around the state depend on farmers markets to maintain business and
provide a return on their investment. This keeps local agriculture lands in production
and strengthens the local economy. According to research conducted by
Sustainable-Seattle, for every dollar spent at farmers markets, 62 cents is re-spent
locally! In the AIFM 2012 season, vendor gross sales increased by 14%.
As part of the education and demonstrations incorporated into the 2013 market
season,the AIFM will work with King County Health Department,Washington State
University Extension Programs,Washington State Farmers Market Association and
other agencies to raise awareness, improve knowledge and,work to change
behavioral patterns through educational sessions and demonstrations. These
conditions will showcase that buying local farm fresh products helps improve the
economy, improves health and the state of our environment. In addition,the AIFM
will help educate and demonstrate that these purchasing practices can help reduce
energy and transportation costs while providing a needed market place for local
farmers.
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3. Project Activities and Measurable Results —using the table below, list specific i
project activities to be completed, the timetable for the activities, and the deliverables
associated with those activities. Consider the following in your answer to this
question: What actions, interventions, programs, services will be deployed?
Activity Description Deliverables Timeline
1.Beginning of season postcard • Create season-opening June 2013
mailing postcard
Mail to carrier routes
surrounding market
announcing schedule of
events during the season
2.Advertising through Auburn Create a series of weekly June 2013-
Reporter advertisements in the local September
newspaper that showcase 2013
market events,
demonstrations, and
educational sessions
throughout the season
Promote the market weekly
to gain attendance and
shoppers
3.Mid-Season Postcard Mailing . Create mid-season August 2013
postcard mailing to inform
customers/potential
shoppers of on-going
opportunity to attend
market demonstrations,
and educational sessions
throughout the season
Mail to carrier routes
surrounding market to
remind shopper of
remaining season and
events
4.Facebook Advertising Create a series of June 2013-
Facebook ads that promote September
different market events and 2013
track social media
responses; market
attendance patterns; and i
vendor revenue in relation
to ads run
5.Other paid advertising Investigate other paid June 2013-
opportunities advertising opportunities September
that may help bring 2013
shoppers to the market
during the season i
6.Education and Demonstration . Work with the King County June 2013-
Sessions Health Department, September
Washington State 2013
University Extension
Programs, Washington
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i State Farmers Market
Association and others to
provide educational
sessions and
demonstrations to
showcase how buying local
helps improve the
economy, improves health,
improves the state of our
environment and improves
local farmers opportunity to
sell their products
Farming Presentations
Master Gardeners
Monthly and Weekly
Themed Celebrations of
Farming
Chef demonstrations
Community Gardening
Chef Presentation
Health Department
4. Effectiveness (see page 2 of application instructions for definition)—describe how
the project will effectively implement the natural resource improvement measures
identified in question No. 2 above. Consider the following in your answer to this
question: Why is the primary applicant the best entity to deliver the proposed
program/service/intervention? What is the capacity of the primary applicant to deliver
the proposed program/service/intervention? What tools, services and partners will be
brought to bear?
Over the course of the four market seasons, the AIFM has established effective lines
of communication with farmers, other farmers markets. The Washington State
Farmers Market Association, Cascade Harvest Coalition, and will continue to build
our weekly shopper base.
In 2013,the AIFM plan is to continue increasing the market customer base via the
use of the KCD Grant request, thereby establishing a self-sustaining market for the
community, buyers and farmers. The increase of shoppers will stem from an
aggressive marketing and promotion plan (see Exhibit A); as well as a series of
educational sessions and demonstrations that serve to inform shoppers about the
benefits of buying local, farm fresh product, healthy eating, sustainability practices,
environmental awareness and providing a market for farmers to sell their agriculture
products.
a
5. Efficiency(see page 2 of application instructions for definition)—describe how the
project will efficiently implement the natural resource improvement measures
identified in question No. 2 above. Consider the following in your answer to this
question: How will the proposed program/service/intervention engage in conjunction
with related efforts?How does your strategy best leverage resources?
The AIFM is a member of the Washington State Farmers Market Association,whose
guidelines state that all farm-grown produce must be grown in Washington State.
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Farmers at the market sell quality, fresh produce and the market will ensure that
local farmers are selling fresh picked produce for the season, Vendors participating
in the market must comply with limited pesticide/chemical use; adherence to organic
growing if/when possible; and water table conservation/protection farming practices.
In working with the agencies and associations that will provide educational sessions
and demonstrations, the market will create an environment that is fun and inviting for
shoppers to learn about the importance of community farmers markets, healthy
eating, sustainability, supporting local farmers and improving the economy by
sustaining the agricultural opportunities for local Washington State farmers. The
sessions will be presented in an easy to understand, creative way that encourage
customers to learn more, ask questions, and change behaviors through educational
awareness.
6. Equity(see page 2 of application instructions for definition)—describe how the
project will equitably implement the natural resource improvement measures
identified in question No. 2 above. Consider the following in your answer to this
question: In what part of the District will the proposed program/service/intervention
occur? Who is the target audience and what demographic section of the community
will be affected?
The 2013 AIFM Marketing and Promotion Plan targets families, adults, seniors and
youth within the region with the goal of building public awareness about the AIFM
and attracting shoppers to the Market each week during market season.
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Messaging and marketing the AIFM will be created to support farmers and local
agriculture; promote access to fresh, vitamin-rich produce; showcase access to
greater diversity of produce and flowers;work to revitalize and support the
community; promote the experience of a community-wide social event; promote a
unique shopping experience; and reflect how customers enjoy music, entertainment
and healthful demonstrations during the market season.
7. Evaluation of Intended Results—describe the evaluation mechanisms you will use
to track, document, and report that the project has achieved the intended results
described in questions 1- 3.
The AIFM will submit regular program reports to King Conservation District, The
Market will use the following metrics to evaluate the performance of the advertising
and education/demonstration elements as they relate to shoppers at the AIFM:
1. Market Surveys: ongoing surveys of consumers to identify how they heard about
the Market and what economic effect the Market had on downtown Auburn.
2. Number of customers attending the demonstration sessions.
3. Number of customers attending the market.
4. Number of vendors (farmers)supplying the Market.
5. Accounting of weekly vendor sales.
6. Number of non-profit and other complimentary stall spaces provided. i
7. Number of pounds of food donated to local Food Bank
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8. Project Budget& Expenses
Budget Item KCD Funds Other Funds Other Total
City of Potential
Auburn) Grants
Salaries and Benefits 33,000 33,000
Travel/Meals/Mileage 400 400
Office/Field Supplies 1,500 1,500
Contracted/ 2,700 1,000 3,700
Professional Services
Marketinq 15,000 3,000 18,000
Education and 5,000 1,000 6,000
Demonstrations
20,000 41,600 1,000 62,600
TOTAL_
A portion of the King Conservation Funding in 2013, an estimated $15,000, would be
used to pay for postcard mailings, paid advertising in various media publications, on-line
sources, and other marketing and promotional materials that promote the Auburn
International Farmers Market. The remaining $5,000 would be used for
contract/professional services to contract different demonstrations and educational
programs that help teach and educate the public. All expenses will outline the above
expenditure categories, provide a general description of the service provided, the date of
service, cost associated with service and the vendor. Using the City of Auburn financial
software, EDEN,we will be able to apply special coding to the KCD funded items
purchased/contracts that would be paid for from the grant and track those items
separately from the AIFM non-funded KCD budget items.
9. KCD Acknowledgement-Describe how the KCD will be acknowledged as a source
of funding for the proposed program/service/intervention(see Grant Program
Overview& Policies, General Grant Program Policies, #6).
KCD funding will continue to be acknowledged in the following ways:
1. Inclusion of the KCD logo or name on all Auburn International Farmers
Market paid advertisements; name or logo highlighted in other promotional
material.
2. Acknowledged during Opening Day Ceremony and at each week during the
market through signage.
3. Press releases to area media.
4. Auburn International Farmers Market website:
www.AuburnFarmersMarket.org I
5. City of Auburn Government Access Channel 21.
6. Power point Presentations to area service clubs and other community groups.
12/28/2012
Daryl Faber Date
Director, Parks Arts and Recreation
City of Auburn
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EXHIBIT A
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Event Profile
The Auburn International Farmers Market is a seasonal market offering fresh,local
produce,flowers,prepared foods and handcrafted items directly to the south King and
north Pierce county community.Launched in 2009,the Market hosts a wide range of
family and nutritional programs,including live entertainment,chef demonstrations,
master gardener consultations and youth activities.
Target Audience:Families,adults,seniors,and youth within the region.
Promotion Goals:To build public awareness about the Auburn International Farmers
Market,to draw shoppers each week during market season.
Messaging: To support farmers and local agriculture;access to fresh,vitamin-rich
produce;access to greater diversity of produce and flowers;to help revitalize and support
the community;to experience a community-wide social event;to promote a unique
shopping experience;to enjoy music,entertainment and healthful demonstrations.
Attendance Goals:20,000+shoppers throughout the season.
Date and Time:Sundays,June 9-September 22,10 a.m.—3 p.m.
Location:Auburn's Sound Transit Plaza,23 A Street SW in Downtown Auburn.
Transportation:Free parking for shoppers,served by Sound Transit and Metro Bus routes.
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Auburn' International Farmers Market 2 013 Marketing Plan
Paid Advertisement&Mailings:
Research advertising opportunities in all mediums in consideration of impact
to Auburn International Farmers Market and available budget.
Auburn Reporter(Sound Publishing)Everything Auburn 2013 Resident
Guide-Circulation 24,325(25,000 Resident Guides printed).
Negotiate a sponsorship with Auburn Reporter to run ads at a reduced rate
to promote Auburn International Farmers Market each week in the Auburn
Reporter(Sound Publishing)during the season-Circulation 24,325.
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Paid insert in Chamber Newsletter(June)-600 circulation.
Two separate postcards mailed to select carrier routes in South King
County(one prior to the season opening,and one at mid-season)-reach
30,000+individuals twice during the market season.
Targeted Facebook advertising to South County residents- 16 week cam-
paign.
Website-www.auburnfarmersmarket.org:
Unique URL for Auburn Farmers Market(www.auburnfarmersmarket.org).
Spotlight section of City of Auburn's website to feature market information.
Market information on special events section of City of Auburn's website.
Market season featured on calendar section of City of Auburn's website.
Social Media:
Auburn International Farmers Market Facebook and Twitter accounts.
Auburn Parks,Arts&Recreation E-Newsletter-over 11,000 subscribers
monthly newsletter that includes messages about Auburn International
Farmers Market during the season.
City of Auburn Twitter&Facebook account-in tandem with market social
media sites to promote market further.
Banners&Signage:
Farmers Market information banners on Transit Center Garage,city-owned
fencelines in various neighborhoods,over Main Street and along the Auburn
Way Rail Bridge.
Farmers Market A-Frame directional Signage surrounding the market every
Sunday to provide directions to the market.
Farmers Market 10x10 canopies to use at special events and during the
Market season to advertise Auburn International Farmers Market.
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Auburn International Farmers Market 2013 Marketing Plan
Promotional Options:
City of Auburn Parks,Arts&Recreation Guide&e-newsletter
General information and advertisement included in Spring/Summer and l
Fall 2013 editions of recreation guide(38,000 households).
Brief information about Farmers Market(May-September editions)deliv-
ered to 11,000 subscribers.
City Utility Bill Stuffers
Include information related to Auburn International Farmers Market(May,
June,July,August,September).
Posters
Delivered to business locations around South King County.
Kids Mall
Create 1/2 page flyer and deliver to Auburn School District elementary
schools-8,000+students.
Bookmarks
Featuring special events,special guests and general market information.
City Phone Message Recordings/Announcements
Submit Market information for on-hold message(May-Sept.).
Cable Channel 27
Government channel video during Farmers Market Season.
City of Auburn Mayor's weekly message
Market information included in update each week.
Auburn Area Chamber of Commerce Newsletter
Submit briefs for newsletter and e-newsletters.
Media Relations:
General press releases or promote specific stories to media contacts relat-
ed to news about the Auburn International Farmers Market-as applicable
i.e.-vendor recruitment,volunteer recruitment,Opening Day,Special
events,awards,special guests/demonstrations,new vendors,etc.).
Create general fact sheet for any press inquires about Auburn International
Farmers Market.
Investigate and submit information about Auburn International Farmers
Market to specialty publications,websites and other sources that accept
free information.
Community Outreach:
Service Clubs. 3
Community events-have a booth at Kids Day,4th of July and Good OI'
Days to promote market-participate in parades as available.
Fraternal Organizations.
Auburn Area Chamber of Commerce monthly lunch meetings.
The Auburn Downtown Association.
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Neighborhood Associations.
Cultural Roundtables.
Churches.
Local Businesses. 1 •
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4930
Date:
March 27, 2013
Department:
Administration
Attachments:
Resolution No. 4930
Briefing Paper
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4930.
Background Summary:
The EMS Advisory Task Force, created via King County Ordinance 15862, worked
collaboratively with EMS stakeholders to develop the Medic One/EMS 2014-2019
Strategic Plan to continue providing county-wide service and has recommended an initial
levy rate of $.355 per thousand dollars assessed value to fund EMS service throughout
King County. The City of Auburn significantly participated in these discussions
throughout the process and was represented on the Task Force.
RCW 84.52.069 requires that cities with a population greater than fifty thousand approve
a countywide levy prior to placement on a ballot.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Heid
Meeting Date:April 1, 2013 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 112 of 131
RESOLUTION NO. 4 9 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
PLACING THE KING COUNTY COUNTY-WIDE
2014-2019 MEDIC ONE/EMERGENCY MEDICAL
SERVICES (EMS) LEVY ON THE BALLOT
WHEREAS, the delivery of emergency medical services is an essential
function of the fire and life safety responsibility of local and regional govemment;
and
WHEREAS, the internationally recognized countywide tiered Medic
One/EMS system in King County provides county residents and visitors essential
life-saving services throughout the region regardless of location, incident
circumstances, day of the week, or time of day; and
WHEREAS, it has been to the benefit of the citizens of the City of Aubum
to support and participate in the county-wide cooperative of delivering Advanced
Life Support and Basic Life Support services; and
WIiEREAS, King County should continue to exercise leadership and
assume responsibility for assuring the consistent, standardized, effective and
cost efficient development and provision of emergency services throughout the
county; and
WHEREAS, RCW 84.52.069 provides for county-wide emergency medical
care and service levies; and
WHEREAS, the highly praised patient and program services of the King
County Medic One/EMS system are funded by a county-wide Medic One/EMS
levy that expires December3l, 2013; and
WHEREAS, the EMS Advisory Task Force, created via King County
Ordinance 15862, worked collaboratively with EMS Stakeholders to develop the
Medic One/EN1S 2014-2019 Strategic Plan to continue providing this county-wide
service and has recommended an initial levy rate of $.355 per thousand dollars
assessed value to fund EMS service throughout King County; and
WHEREAS, the City of Aubum sign cantly participated in these
discussions throughout the process and was represented on the Task Force; and
WHEREAS, RCW 84.52.069 requires that cRies with a population greater
than fifty thousand approve a countywide levy prior to placement on a ballot, and
Resolution No. 4930
March 27, 2013
Page 1
RES.C Page 113 of 131
WHEREAS, the City of Auburn has a population of over seventy thousand
people.
NOW, THEREFORE, THE CITY OF AUBURN RESOLVES AS FOLLOWS:
SECTION ONE. The City Council of the City of Aubum, Washington,
hereby authorizes the placement of the proposed six-year $:335 per thousand
dollars of assessed value county-vGide Medic One/EMS Levy for the years 2014-
2019 on the ballot before the voters of King County, in accordance with Section
84.52.069 RCW
SECTION TWO. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
SECTION THREE. 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
APPROVED AS TO FORM:
niel . id, ' om
Resolution No. 4930
March 27, 2013
Page 2
RES.C Page 114 of 131
King County Medic One/EMS 2014-2019 levy package
Page 1
SUBJECT
A briefing on the King County Medic One/Emergency Medical Services (EMS) 2014-2019 levy
package (Strategic Plan and county-wide ballot proposition)
POLICY ISSUE
The current six-year 30-cent Medic One/EMS levy will expire December 31, 2013. To ensure
continued emergency medical services in 2014 and beyond, a new levy must be approved by voters.
RCW 84.52.069:
• Allows for a property tax levy of up to $.50/$1,000 assessed valuation (AV) for the purpose of
funding emergency medical services;
• May be a six year, 10 year or permanent levy; and
• Requires that any county-wide proposal secure the approval of those cities with 50,000+ in
population prior to it being placed on the ballot. In King County, there are nine such cities:
Auburn, Bellevue, Federal Way, Kent, Kirkland, Redmond, Renton, Shoreline and Seattle.
BACKGROUND
The King County Medic One/EMS system provides essential life-saving services to the residents of
King County, regardless of location, incident circumstance, day of the week, or time of day. It is a
tiered system that relies upon coordinated partnerships with fire departments, paramedic agencies,
dispatch centers and hospitals to ensure patients receive the most appropriate level of care.
Founded on medicine, its services are derived from the highest standards of medical training,
practices and care, scientific evidence, and close supervision by EMS physicians. Programmatic
leadership, state of the art science-based strategies, continuous improvements and its focus on
efficiencies have allowed the system to obtain superior medical outcomes, and manage the growth
and costs of the system.
Universal Access: Any person regardless of location or circumstances
can access the Medic One/EMS system by calling 9-1-1 for medical
assistance. This immediate and continuous access provides all areas of
King County equitable access to this lifesaving service.
Dispatcher Triage: Calls to 9-1-1 are received and triaged by
professional dispatchers who determine the most appropriate level of
care needed. Dispatchers are trained to provide pre-arrival instructions
for most medical emergencies and guide the caller through life-saving
steps, CPR and AED instructions.
Basic Life Support (BLS): BLS personnel are the “first responders” to an
incident, providing immediate basic life support medical care that
includes advanced first aid and CPR/AED to stabilize the patient. BLS
units arrive at the scene in under 5 minutes (on average) and contribute
significantly to the success of the Medic One/EMS system.
Advanced Life Support (ALS): Paramedics provide out-of-hospital
emergency medical care for critical or life-threatening injuries and
illnesses. As the second on scene and used only for the most serious
injuries and illnesses, they provide airway control, heart pacing, the
dispensing of medicine and other life-saving procedures.
Once a patient is stabilized, it is determined whether transport to a
hospital or clinic for further medical attention is needed. Transport is
most often provided by an ALS agency, BLS agency or private
ambulance.
Access to EMS System:
Bystander Calls 9-1-1
Triage by Dispatcher:
Use of Medical Response
Assessment Criteria
First Tier of Response:
Basic Life Support (BLS)
by Firefighter/EMTs (30 agencies)
Second Tier of Response:
Advanced Life Support (ALS)
by Paramedics (6 agencies)
Additional Medical Care:
Transport to Hospital
RES.C Page 115 of 131
Page 2
In addition to these components of the system, King County EMS also oversees Strategic Initiatives
and Regional Services. These core programs and services further provide for regional coordination
and consistent quality across all jurisdictions in King County. These services include program
supervision, BLS EMT staff training, 9-1-1 dispatch training, medical data collection and analysis,
financial oversight, contract administration, and division management. EMS regularly integrates
initiatives that are aimed at preventing/reducing emergency calls and improving the quality of the
services.
2014-2019 MEDIC ONE/ EMS LEVY PLANNING PROCESS
The EMS Advisory Task Force was established by King County Ordinance 15862 to develop inter-
jurisdictional agreement on an updated EMS strategic plan and financing package for the 2014-2019
levy funding period. Comprised of leaders and decision makers from throughout the region, the 19-
member Task Force worked collectively with EMS Stakeholders for over nine months to assess the
needs of the system and develop recommendations to direct the system into the future. Mayor Pete
Lewis served as Auburn’s representative on the Task Force.
The Task Force used a subcommittee format to concentrate efforts in four areas: ALS, BLS, Strategic
Initiatives and Regional Services, and Financial model. The four subcommittees developed
recommendations that were then brought to the full Task Force for consideration.
The Task Force adopted its recommendations on July 26, 2012. The King County Executive
transmitted these recommendations to the King County Council in December 2012, as the Medic
One/EMS 2014-2019 Strategic Plan.
TASK FORCE RECOMMENDATION/2014-2019 STRATEGIC PLAN
Reauthorize a six-year EMS levy to fund the system, per RCW 84.52.069;
Enact a levy rate of 33.5-cents/$1,000 AV to fund projected expenditures of $695 million for
the 2014-2019 span;
Renew the EMS levy in 2013;
Continue funding ALS (paramedic) services, and a portion of first responder (BLS) services for
local fire and emergency response departments;
Maintain a responsible level of reserves;
Continue programs and initiatives that provide essential support for the system and encourage
efficiencies, innovation and leadership;
Use conservative financial policies and procedures; and
Meet future demands with services that include collaborating on programs that reduce impacts
on BLS agencies, and “rescoping” programs to meet emerging community needs.
The proposed levy rate does not raise funding levels to add services, but provides resources to
maintain existing services, incorporate efficiencies and offer improvements where appropriate. The
proposal costs less than if 2008-2013 operations were continued into the 2014-2019 levy period.
Impact on the Auburn Rate Payer
2008 2014*
Average Auburn residence value $259,000 $188,000
EMS levy rate $0.300 $0.335
Levy amount for average Auburn residence $77.70 $62.98
*2014 value based on overall King County increase of 3.78% projected by the King County economist
RES.C Page 116 of 131
Page 3
The 2014-2019 Medic One/EMS Strategic Plan financials differ from previous levies by:
1. Limited new programs and expenditures: With previous levies, substantial increases were
implemented during the first year of each new levy. In contrast, there is reduced planned
spending in the first year of the 2014-2019 levy, when adjusted for inflation. Proposed new
services and programs are minimal and are offset by reduced expenditures. Overall proposed
increases across the levy span are less than projected CPI plus increased population.
2. Reduced proposed revenues: The 2014-2019 levy proposes using funds from the 2008-2013 levy
to reduce, or “buy down”, the amount needed to be raised over planned expenditures. Estimated
savings are $21 million, or a reduction of 1.6 cents, and result in the proposed levy rate of 33.5
cents per $1,000 AV. The savings are due to changes in reserve levels, aggressive management
to control expenditures, and conservative revenue forecasts.
The "buy down" of the rate reflects various management strategies that include millage reduction
reserves that were mandated in the current levy, and using fund balance. The savings are also
realized through not adding two anticipated 12-hour ALS units during the 2008-2013 levy period,
reducing previous contingency assumptions (such as the ALS Disaster Relief Contingency), and
reducing 2008-2013 strategic initiatives and regional services expenditures below planned levels.
These forecast savings from 2012 and 2013 are assumed toward a “buy down” for the rate.
The average annual amount of $111 million is estimated, with total revenues of $668.1 million
forecasted over the six year period, as shown below:
Forecasted Property Tax Revenue for 2014-2019 (in millions)
2014 2015 2016 2017 2018 2019 TOTAL
City of Seattle $39.2 $39.8 $40.3 $40.8 $41.3 $41.9 $243.2
KC EMS Funds $67.0 $68.6 $70.1 $71.5 $73.1 $74.6 $424.8
Total $106.2 $108.4 $110.3 $112.3 $114.4 $116.5 $668.1
Growth in Total Levy 2.07% 1.75% 1.81% 1.87% 1.84%
Expenditures
The proposed financial plan anticipates $694.4 million to support programs and services. The table
below denotes the costs by program area:
EMS Expenditures by Program Area
Program Area Seattle King County Total
Advanced Life Support - ALS $121,390,108 270,338,534 391,728,642
Basic Life Support – BLS 121,833.460 103,210,353 225,043,813
Regional Support Services/Audit 55,178,130 55,178,130
Strategic Initiatives/CMT Program 10,017,546 10,017,546
Subtotal 243,223,568 438,744,563 681,968,131
Use of Reserves 12,398,310 12,398,310
TOTAL EXPENDITURES 243,223,568 451,142,874 694,366,441
The Task Force Finance Subcommittee endorsed these expenditure and revenue assumptions.
These assumptions include policies for the “buy down” use of reserves, inflator policies, and the use
of a 65% confidence level financial plan.
RES.C Page 117 of 131
Page 4
Operational and Financial Fundamentals
of the
Medic One/EMS 2014-2019
Financial Recommendations
Strategic Plan pages 42 – 72
Continue with EMS levy: Six-year EMS levy, per RCW 84.52.069
Forecasted budget of $695 million over six-year span, including reserves
Levy rate of 33.5 cents/$1,000 Assessed Valuation
Would be run at either the 2013 Primary or General election, with the King
County Council determining which election
Advanced Life Support (ALS) Services Recommendations
Strategic Plan pages 23 - 31 Continue services from 2008-
2013 levy:
▪ Continue operations with the 26 units currently in service
▪ Fully fund eligible costs of existing paramedic ser vices to prevent cost shifting
to agencies
▪ Project annual increases using a compound inflator
Provide to meet
expected demands:
▪ No new medic units over the span of a six-year levy
▪ Reserves to cover unanticipated and one-time expenses
▪ Efficiencies to refine ALS costs and increase effectiveness
▪ Funding for a possible 12-hour medic unit in the later years of the levy in case
demand for services increases
Basic Life Support (BLS) Services Recommendations Strategic
Plan pages 32 – 35
Continue services from 2008-
2013 levy:
▪ Partial funding for BLS services (firefighters/EMTs)
▪ Maintain King County portion of BLS funding at same percentage of overall
expenses of previous levy period
▪ Maintain current funding formula for allocation (based 50/50 on
Assessed Values and Call Volumes)
Provide to meet
expected demands:
▪ Programs and Initiatives that help manage growth, reduce impacts and
increase the role of BLS agencies in regional decision-making
Regional Services Recommendations
Strategic Plan pages 36 – 41
Continue services from 2008-
2013 levy:
▪ Essential Regional Services programs that support the Medic One/EMS
system
Provide to meet
expected demands:
▪ Re-scoped and enhanced Regional Services programs to meet emergent
needs
Strategic Initiatives Recommendations
Strategic Plan pages 36 – 41
Continue services from 2008-
2013 levy:
Conversion of 2008-2013 Strategic Initiatives that have improved the quality of
service and managed growth and costs into Regional Services programs to
become ongoing programs
Provide to meet
expected demands:
Revamped and new Strategic Initiatives
RES.C Page 118 of 131
Page 5
NEXT STEPS
1. Adopt a resolution approving placing on the ballot a county-wide proposition funding EMS pursuant
to RCW 84.52.069; OR
2. Do not adopt a resolution authorizing placing the EMS levy on the ballot. Without participation by
all the jurisdictions with populations over 50,000, no levy would be on the ballot in 2013, and funding
for the EMS system would expire in 2013. At that point, each jurisdiction would have to determine
how best to provide these services within its boundaries.
RES.C Page 119 of 131
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4931
Date:
March 25, 2013
Department:
Public Works
Attachments:
Res 4931
Res 4931 exhibit a and Maps
Budget Impact:
$0
Administrative Recommendation:
City Council adopts Resolution No. 4931.
Background Summary:
Resolution No. 4931 authorizes the Mayor to accept a federal grant in the amount of
$502,275.00 administered through the Washington State Department of Transportation
to finance the construction of the Citywide Guardrail Improvements project.
The federal grant does not require a match from local funding sources. The grant funds
the project construction and the project design is funded from City monies.
The project will install guardrail along Green River Road SE, R Street SE/Kersey Way
SE, and Mountain View Drive SW corridors.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:April 1, 2013 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 120 of 131
RESOLUTION NO. 4 9 3 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT A FEDERAL GRANT TO BE ADMINISTERED
THROUGH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE CITYWIDE GUARDRAIL
IMPROVEMENTS PROJECT
WHEREAS, the City desires to improve the safety of roadways throughout the
City; and
WHEREAS, the need for new and replacement guardrail along Kersey Way/R
Street, Green River Road, and Mountain View Drive is recognized in Auburn's adopted
Transportation Improvement Program; and
WHEREAS, installing new and replacement guardrail will improve the safety of
Kersey Way, Green River Road, and Mountain View Drive; and
WHEREAS, the City applied for, through the Puget Sound Regional Council
PSRC), and was granted a federal grant to be administered by the Washington State
Department of Transportation (WSDOT) in the amount of $502,275.00 to finance the
construction phase of the Citywide Guardrail Improvements project; and
WHEREAS, the federal grant requires no match from local funding sources; and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4931
March 20, 2013
Page 1
RES.D Page 121 of 131
Section 1. That the Mayor is hereby authorized to accept the federal grant for
502,275.00 for the Citywide Guardrail Improvements project. In addition, the Mayor is
hereby authorized to execute a Local Agency Agreement between the City and the
Washington State Department of Transportation in substantial conformity with the
agreement attached hereto, marked as Exhibit A and incorporated herein by this
reference. Also, the Mayor is hereby authorized to execute any further necessary
supplemental agreements for the Project.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation.
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
APPRQVEI S TO F RM:
Da iel B. Heid,
City Attorney
Resolution No. 4931
March 20, 2013
Page 2
RES.D Page 122 of 131
AW EXHIBIT A
Department
Late
Local Agency AgreementDepartmento!Transportation
Agency City of Auburn CFDA No. 20.205
Catalog of Federal Domestic Assistance)
Address 25 West Main Street Project No.
Auburn,WA Agreement No.
98001 For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S.Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation,and(b)the federal aid project agreement entered into between the
State and Federal Government,relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on j
line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Citywide Guardrail Improvements Length 1.72 miles
Termini N/A
Description of Work
The project will install guardrail along the Green River Road SE,R Street SE/Kersey Way SE,and Mountain View
Drive SW corridors.
I
Estimate of Funding
Type of Work t) 2) 3)
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 50 000.00 56 000.00
0 —%b.Other
c.Other
Federal Aid
d.StateParticipation
Ratio for PE e.Total PE Cost Estimate a+b+c+d 50 000.00 50 000.00
Right of Way f.Agen2y
N/A % Other
h.Other
Federal Aid
i.StateParticipation
Ratio for RW Total R!W Cost Estimate f+ +h+i
Construction k.Contract 452 275.00 452 275.00
I.Other
m.Other
n.Other
100 %o.Agency 48,000.00 48,000.00
Federal Aid
Participation p.State 2,000.00 2,000.00
Ratio for Cry q.Total CN Cost Estimate k+l+m+n+o+ 502 275.00 502 275.00
r.Total Project Cost Estimate (e++ 552 275.00 50 000.00 502 275.00
Agency Official Washington State Department of Transportation
By By
Title Mavnr Director of Highways and Local Programs
Date Executed
DOT Form 140-030 EF 1
Revised 0912011
RES.D Page 123 of 131
Construction Method of Financing (Chec/(MethodSelected)
State Ad and Award
Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
Method B-Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
at$ per month for months.
Local Force or Local Ad and Award
Method C-Aaencv cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as
a condition to payment of the federal funds obligated,it accepts and will comply with the applicable provisions set
forth below.Adopted by official action on
April 1 2013 ,Resolution/Ordinance No.4931
Provisions
I. Scope of Work
The Agency shall provide all the work,labor,materials,and services necessary to perform the project which is described and set forth in detail in
the"Project Description"and"Type of Work:."
When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in.accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is-not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State
shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid
reimbursement in accordance with federal requirements.If the State advertises and awards the contract,the State will further act for the Agency in
all matters concerning the project as requested by the Agency.If the Local Agency advertises and awards the project,the State shall review the work
to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work
above.In addition,the State will fumish qualified personnel for the supervision and inspection of the work in progress.On Local Agency advertised
and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications,and
federal aid requirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project
will be considered a cost thereof.All costs related to this project incurred by employees of the State in the customary manner on highway payrolls
and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local
government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the
Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable times
and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds
to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State
for each classification.The classifications of work for projects are:
1.Preliminary engineering.
2.Right of way acquisition.
3.Project construction.
In the event that right of way acquisition,or actual construction of the road,for which preliminary engineering is undertaken is not started by the
closing of the tenth fiscal year following the fiscal year in which the agreement is executed,the Agency will repay to the State the sum or sums of
federal funds paid to the Agency under the terms of this agreement(see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will
conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,even though such additional
work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the
contract time.
VI. Payment and Partial Reimbursement
The total cost of the project,including all review and engineering costs and other expenses of the State,is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of
Management and Budget circulars A-102 and A-133.The State shall not be ultimately responsible for any of the costs of the project.The Agency
shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this
agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project.
DOT Form 140-039 EF 2Revised09/2011
RES.D Page 124 of 131
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for
maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CFR 225-Cost Principles for State,Local,and Indian Tribal Government, and
retained for audit.
The State will pay for State incurred costs on the project.Following payment,the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of
the Agency's share of the total construction cost based on the contract award.The State will notify the Agency of the exact amount to be deposited
with the State.The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor.Following such
payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is
substantially completed and final actual costs of the project can be determined,the State will present the Agency with a final billing showing the
amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency.
Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax
allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each
month.The extent of withholding will be confirmed by letter from the State at the time of contract award.Upon receipt of progress billings from the
contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings.
i
Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month for
those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expenditures
by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for Federal participation unless
claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement.At the
time of audit,the Agency will provide documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required,shall be responsible for audit of the consultant's records to determine eligible federal aid
costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of the United States;WSDOT Manual M 27-50, Consultant
Authorization,Selection,and Agreement Administration;memoranda of understanding between WSDOT and FHWA; and Office of Management
and Budget Circular A-133.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse
the State for the amount of such overpayment or excess participation(see Section IX).
VIII. Single Audit Act
The Agency,as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends$500,000 or more in federal awards from all sources during a
given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A-133.
Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State.
1X. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g.,State force work,project
cancellation,overpayment,cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the
State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local
Programs.
X. Traffic Control,Signing, Marking,and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals,or markings not
in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will,at its own expense,maintain
the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims,demands,
or suits,whether at law or equity brought against the Agency,State,or Federal Government,arising from the Agency's execution,
DOT Form 140-039 EF
Revised 0912011 3
RES.D Page 125 of 131
performance,or failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or
arising by reason of the participation of the State or Federal Government in the project,PROVIDED,nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted
contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary iandreasonablestepsunder49CFRPart26toensurenondiscriminationintheawardandadministrationofUSDOT-assisted contracts and
agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this i
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26
and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.
S.C.3801 et seq.).i
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as
defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or
understanding pursuant to any federal program involving such grant, contract, loan,insurance,or guarantee, the required contract provisions for
Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government,the above equal I
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees:
1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part 11,subpart D of the Executive Order. i
I
In addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following
actions:
a) Cancel,terminate,or suspend this agreement in whole or in pail;
b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency;and
c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635,Subpart 127,as supplemented, relative to the amount of
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,
whenever:
1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense,or an Executive Order of the President or Governor of the State with respect to the
preservation of energy resources.
3) The contractor is prevented from proceeding with the work by reason of a preliminary,special, or permanent restraining order of a
court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than
the contractor.
4) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract,it is agreed that any claims and/or causes of action which the Local Agency has against the
State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston
County.
DOT Form 140-039 EF 4Revised09/2011
RES.D Page 126 of 131
XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
The approving authority certifies,to the best of his or her knowledge and belief,that:
1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting
to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member
of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering
into of any cooperative agreement, and the extension,continuation,renewal, amendment, or modification of any federal contract, grant,loan, or
cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in
connection with this federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit the Standard Form-LLL,
Disclosure Form to Report Lobbying,"in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission
of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Additional Provisions
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