HomeMy WebLinkAbout06-03-2013 6-03-2013 City Council Agenda
City Council Meeting
June 3, 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
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS AND 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
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.May 28, 2013 Minutes Peloza
B.Planning & Community Development
1.May 28, 2013 Minutes Backus
C.Public Works
1.May 20, 2013 Minutes Wagner
D.Finance
1.May 20, 2013 Minutes Partridge
E.Les Gove Community Campus
F.Council Operations Committee
IV.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
Page 1 of 107
A.May 20, 2013 Minutes
B.Claims Vouchers Partridge Coleman
Claims check numbers 422680 through 422965 in the amount of $1,762,282.22,
and dated June 3, 2013.
C.Payroll Vouchers Partridge Coleman
Claims check numbers 533821 through 533855 in the amount of $286,590.56
and electronic deposit transmissions in the amount of $1,292,089.49 for a grand
total of $1,578,680.05 for the period covering May 9, 2013 to May 29, 2013 and
dated June 3, 2013.
D.Public Works Project No. CP1120 Wagner Dowdy
City Council grant permission to advertise for bids for Project No. CP1120, Lea
Hill Safe Routes to School Improvements
V.UNFINISHED BUSINESS - (There is no unfinished business.)
VI.NEW BUSINESS - (There is no new business.)
VII.ORDINANCES
A.Ordinance No. 6464 Backus Dowdy
An Ordinance of the City Council of the City of Auburn, Washington, revising the
corporate boundary of the City to remove King County's jurisdiction over South
277th Street pursuant to R.C.W. 35A.21.210
VIII.RESOLUTIONS
A.Resolution No. 4936 Backus Dowdy
A Resolution of the City Council of the City of Auburn, Washington, setting the
time and date for a public hearing before the City Council on the 2014-2019
Transportation Improvement Program
B.Resolution No. 4942 Peloza Tiedeman
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an interlocal agreement with the City of
Algona for Innovation & Technology services and support
C.Resolution No. 4954 Backus Faber
A Resolution of the City of Auburn, Washington authorizing the acceptance of a
grant from the Cultural Development Authority of King County (4Culture) and
authorizing the Mayor and City Clerk to execute the necessary contracts to
accept said funds
D.Resolution No. 4956 Peloza Heineman
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an agreement between the City of Auburn
and Cayce & Grove for public defense services
IX.REPORTS
At this time the Mayor and City Council may report on significant items associated with
Page 2 of 107
their appointed positions on federal, state, regional and local organizations.
A.From the Council
B.From the Mayor
X.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available
for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 28, 2013 Minutes
Date:
May 29, 2013
Department:
Police
Attachments:
May 28, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:June 3, 2013 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 4 of 107
Municipal Services Committee
May 28, 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, Finance
Director Shelley Coleman, Human Resources/Risk Management
Director Brenda Heineman, Innovation and Technology Director Ron
Tiedeman, Government Relations Manager Carolyn Robertson,
Employee Relations/Compensation Manager Aaron Barber and Police
Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter
representative Robert Whale and citizens Scot Pondelick, Virginia
Haugen and Thomas Sauers.
B. Announcements
C. Agenda Modifications
Resolution No. 4942 was added to the agenda as an action item. This
is a Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Interlocal
Agreement (ILA) with the City of Algona for Innovation and Technology
services and support. This resolution has previously come before the
Municipal Services Committee and Director Ron Tiedeman reviewed
the changes that were made to the ILA document based on the
Committee's recommendations. The MSC identified one additional
item to correct and Director Tiedeman will update the information prior
to the next City Council meeting.
Vice Chair moved to forward to full Council for consideration. Member
Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
II. CONSENT AGENDA
Page 1 of 3
MS.1 Page 5 of 107
A. May 13, 2013 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. RESOLUTIONS
A. Resolution No. 4956 (Heineman)
This is a Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute an
Agreement between the City of Auburn and the Law Offices of Cayce
and Grove for Public Defense Services. Brenda Heineman, Human
Resources/Risk Management Director, and Aaron Barber, Employee
Relations/Compensation Manager presented information on the recent
bid process which included interviews with two firms. Councilmember
Holman was assigned to participate in the project, as well. Cayce and
Grove was selected as the best candidate to perform indigent defense
services to the citizens of Auburn. The term of the contract will be for
18 months effective July 2, 2013 through December 31, 2014.
Committee discussion followed and minor changes were identified in
the Resolution and Public Defense Services Contract documents.
These changes will be addressed by next week's City Council
meeting.
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. Animal Control Licensing Program (Coleman)
Finance Director Shelley Coleman provided an update on the Animal
Control and Licensing Program to include the marketing plan that is
currently in use by the City's Public Affairs/Marketing Manager, Glenda
Carino. Director Coleman reported on the Animal Licensing
Balance, Licensing Summary, and Pet Licensing Revenue and Sales
by month. April licensing revenue does not include packets that were
submitted late in the month but the expectation is that there will be
a positive surge in May. Director Coleman's presentation also
included a draft copy of the Administrative Procedure for Veterinarians
Selling Pet Licenses created by the City's Planning and Development
Services Manager, Jeff Tate. The document has been reviewed
by the Auburn Valley Humane Society and they have stated they are
comfortable with the information and are on board with selling pet
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MS.1 Page 6 of 107
licenses. Committee discussion followed and minor changes were
recommended to the draft document.
B. Watershed Investment Districts (Robertson)
Chair Peloza provided the Committee with background information
related to the inception of the Watershed Investment Districts (WID).
In 2005, the Water Resource Inventory Areas (WRIA) 9 Committee
developed a Salmon habitat plan. It was estimated that it would
require $300 million dollars to carry out the plan and all the
enhancement projects that were identified concerning declining fish
populations, flooding, and degrading water quality within the
14 Watersheds throughout Washington State. No sustainable,
dedicated funding mechanism for implementing the watershed plans
had emerged so in late 2010 a cross-WRIA project was initiated to
explore the concept of "watershed investment districts" or a
watershed-based governance and funding structure. Draft legislation
was created in July of 2011 providing a section-by-section summary
for the creation and operation of a WID. The City's Government
Relations Manager, Carolyn Robertson, also provided input on recent
committee activity on the Suburban Cities Association (SCA) in
cooperation with WRIA. A meeting with legislative representatives and
WRIA committee members is scheduled for later this week.
Committee discussion followed.
C. Project Matrix
The following updates were made to the Project Matrix.
Item 20P: Status updated.
New item added and assigned number 21P - AVHS Review with
Shelley Coleman as the Lead.
Item 24P: Review date changed to 7/22/13. Status updated.
Item 27P: Review date changed to 6/24/13.
V. ADJOURNMENT
The meeting was adjourned at 4:53 p.m. The next regular meeting is
scheduled for Monday, June 10, 2013 at 3:30 p.m. in the Council
Conference Room, City Hall, 25 W. Main Street, Auburn, WA.
Signed this __________ day of June, 2013.
_______________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 3 of 3
MS.1 Page 7 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 28, 2013 Minutes
Date:
May 30, 2013
Department:
Planning and Development
Attachments:
May 28, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:
Meeting Date:June 3, 2013 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 8 of 107
Planning and Community
Development
May 28, 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 2 located on the second floor of One Main Professional
Plaza, One East main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair John Holman and Member Largo
Wales were present. Also present were Planning and Development
Interim Director Jeff Tate; Public Works Director Dennis Dowdy; Parks,
Arts and Recreation Director Daryl Faber; Planning Manager Elizabeth
Chamberlain; Economic Development Manager Doug Lein;
Environmental Protection Manager Chris Andersen; Transportation
Planner Jue Welsh; Transportation Manager Pablo Para; Traffic
Engineer James Webb; Building Official Tom Ushing, and Planning
Secretary Tina Kriss.
Members of the audience present were: Scot Pondelick; Thomas
Sauers; Councilmember Peloza; and Robert Whale, Auburn Reporter.
B. Announcements
1. Presentation (Tate)
Transportation, Transit, and Trails Update
Roger Thordarson, Chair of the Tranportation, Transit, and Trails
Committee (TT & T Committee) provided an update on the
Committees 2013 activities and plans.
The TT & T Committee has been coordinating with the Auburn
Chamber of Commerce for the possibility of a road bond. Upon
completion of the Washington State Legislature session the
Auburn Chamber of Commerce will begin planning. The
committee continues to monitor the status of the Green River Trail
on the north end where construction of the Reddington Levee
continues. The trail will be enlarged with completion of the levee.
The City of Auburn will be affected by the proposed King County
Metro Transit reductions; the proposed reductions would eliminate
route Nos. 910, 919, and 152. Sound Transit will be substituting
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PCD.1 Page 9 of 107
No. 578 for service.
The Committee expressed a desire to coordinate with the
Muckleshoot Indian Tribe (MIT) to increase service, should the
City have transit reductions to their bus service. Chair Thordarson
noted that the MIT medical shuttle may have some restrictions
that would detract from establishing a firm timetable or a fixed
route since its main function is to respond to medical transport
needs.
C. Agenda Modifications
The following Agenda Modifications were added to the May 28, 2013
meeting:
IV. DISCUSSION AND INFORMATION ITEMS
I. Ordinance No. 6464 (Para)
Transportation Manager Pablo Para briefed the Committee on
Ordinance No. 6464. The ordinance seeks to revise the corporate
boundary of the City to remove King County’s jurisdiction over South
277th Street, pursuant to RCW 35A.21.210, bringing the entire road
(South 277th Street) right-of-way to Auburn’s jurisdiction. This will
improve the ability of the City to effectively manage the facility. Mr.
Para explained staff will return to the Committee at a future date with
an ordinance to address the portion of 277th Street owned by the City
of Kent and any agreements for the transfer of the right-of-way to the
City of Auburn.
The Committee was supportive of Ordinance No. 6464.
Vice-Chair Holman moved and Member Wales seconded to move
Ordinance No. 6464 to action and recommend that City Council adopt
Ordinance No. 6464.
Motion carried unanimously. 3-0
II. CONSENT AGENDA
A. Approval of Minutes - May 13, 2013 (Tate)
Vice-Chair Holman moved and Member Wales seconded to approve
the April 22, 2013 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
A. Resolution No. 4936 (Webb)
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PCD.1 Page 10 of 107
Transportation Engineer James Webb provided a summary of
Resolution No. 4936, setting the time and date for a public hearing
before the City Council on the 2014-2019 Transportation Improvement
Program. Mr. Webb provided several handouts to depict minor
changes from the material provided in the packet, that were requested
by the Public Works Committee. Committee and staff reviewed the
changes to TIP Nos. 6, 41, 32, and 37.
Vice-Chair Holman moved and Member Wales seconded to
recommend the City Council adopt Resolution No. 4936.
Motion carried unanimously. 3-0
B. Resolution No. 4937 (Webb)
A Resolution of the City Council of the City of Auburn, Washington,
Approving the 2014-2019 Transportation Improvement Program of the
City of Auburn Pursuant to R.C.W. Chapter 35.77 of the Laws of the
State of Washington.
Transportation Engineer James Webb reviewed the changes
requested by the Public Works Committee to the 2014-2019
Transportation Improvement Program with the previous action item
(Resolution No. 4936).
Committee is supportive of these changes.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council adopt Resolution No. 4937 as modified.
Motion carried unanimously. 3-0
C. Resolution 4954 (Faber)
A Resolution of the City of Auburn, Washington authorizing the
acceptance of a grant from the Cultural Development Authority of King
County (4Culture) and authorizing the Mayor and City Clerk to execute
the necessary contracts to accept said funds.
Parks, Arts and Recreation Director Daryl Faber briefed the
Committee on Resolution No. 4954. The City of Auburn was awarded
a $17,000.00 per annum grant for the 2013 cycle as part of its Local
Arts Agency Sustained Support Program from the Cultural
Development Authority of King County, doing business as 4Culture.
The money supports City arts programming as well as community
organizations that present art programs and/or activities servicing the
citizens of Auburn. Resolution No. 4954 authorizes the City's
acceptance of the grant.
Member Wales moved and Vice-Chair Holman seconded to
recommend that City Council adopt Resolution No. 4954. Page 3 of 8
PCD.1 Page 11 of 107
Motion unanimously carried. 3-0
IV. DISCUSSION ITEMS
A. Outlet Collection Address Change (Tate)
In connection to the rebranding of the Supermall with The Outlet
Collection, mall ownership has submitted a request to rename
Supermall Way SW to The Outlet Collection Way SW and Supermall
Drive SW to The Outlet Collection Drive SW.
Jeff Tate, Interim Planning and Development Director, summarized the
Outlet Collection Address Change. Glimcher Supermall Venture,
owner of the Supermall, has requested that the private street names of
the Supermall be changed to reflect the rebranding of the Outlet
Collection. The private streets that utilize the term "Supermall" are
Supermall Way SW, Supermall Drive SW, and Supermall Access
Road. The property owner has requested that all three of these
names be changed from Supermall to Outlet Collection.
The proposed change will require an address change for all tenants
that occupy space within the mall structure as well as several
businesses that are located around the Supermall Drive SW "loop"
road. Glimcher representatives have notified each affected property
owner to address the name and address change and have indicated
that they believe all affected property owners have expressed general
support for the proposed name change.
The internal addressing committee has reviewed the proposed street
name change and has expressed support for the name change. The
addressing committee's recommendation was transmitted to all City
Department Heads including Police and Fire who have also expressed
support for the proposal.
If the proposed changes are accepted, the City wayfinding signs will
need to be changed to reflect the new name and the City will be
working with the State Department of Transportation (DOT) to change
out the signs located within the DOT rights-of-way on Highway 167
which guide drivers to the "Supermall Road" exit.
Staff will be working with Glimcher to coordinate and establish an
effective date for the proposed resolution action and are targeting
August, 2013.
In answer to a question by the Committee, if the City will be
responsible for the cost of signage replacement and address changes,
Interim Director Tate stated that there will be administrative costs
associated with the address changes and Glimcher will be paying for
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PCD.1 Page 12 of 107
the cost of fabrication and instillation of the signs. Staff will bring this
item back with a resolution after discussion with another sub-
committee.
B. Green River System Wide Improvement Framework (SWIF) (Dowdy)
Public Works Director Dowdy provided information on the Green River
System Wide Improvement Framwork (SWIF). In order for the County
to continue to receive assistance in areas during an emergency they
must modify their levee and vegetation policy to be consistet with the
Corps’ policy within two years. The Lower Green River SWIF is to
develop a framework to address key issues on the Green River,
focusing on the Lower Green River, including flood risk reduction,
facility and engineering deficiencies, levels of protection, capital
project solutions, vegetation management, and habitat improvements.
This will enable the City to continue to receive emergency assitance
from the Corps. During the two year study period, several agencies
will determine what the district needs to do to manage levee
vegetation so that the Corps can accept our levees.
Director Dowdy stated that an elected official from the City will be
needed as a representative to work on the two year study efforts. It
would also be beneficial to provide a backup. Director Dowdy stated
that the Public Works Department would staff to support the efforts for
the monthly meetings. Councilmember Osborne has volunteered to
act as a representative and Mayor Lewis will likely designate
Councilmember Osborne upon receiving the County’s
invitation. Councilmember Wales offered to be the back-up
representative.
C. WSDOT Auburn Amtrak Study (Dowdy)
Staff will present a verbal discussion of the preliminary findings of the
WSDOT Auburn Amtrak Study which is near completion.
Public Works Director Dowdy reviewed the status of the Washington
State Department of Transportation (WSDOT) Auburn Amtrak Study.
Staff that has been involved in the study and reviewing the draft study
to better understand the basis of some of the technical work by
WSDOT and had difficulty trying to obtain more of the information in a
timely manner. The schedule provided by WSDOT has lapsed,
without the majority of the technical work we expected about 5 months
ago.
The Public Works Department sent a letter on Friday, May 24, 2013
with a list of the City's dissatisfaction points, outlining the concerns of
the study’s outcome and progress. Due to the lapsed schedule the
City has not received technical reports in a timely manner. Reports
that were to be provided months ago were just received two weeks
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PCD.1 Page 13 of 107
ago. That timeline prohibited City staff from providing suggested
changes to be included into the revised documents. The City has also
had difficulty in obtaining the Amtrak Market Survey report used by
WSDOT for the study.
The City is currently in a holding pattern and has requested a meeting
with the Secretary of Transportation to see if there is some way to
rectify the timeline of the study to ensure a deliberate schedule that
allows the City to provide good, quality review comments.
D. Wetland Ordinance Amendment (Tate/Andersen)
Consideration of removing the City's self-imposed standard that limits
wetland mitigation to only those areas located within the City.
Interim Planning Director Tate stated local Auburn City Code
precludes consideration of offsite wetland mitigation outside City
boundaries. In reviewing the Washington state Department of Ecology
wetland protection guidance materials there is no mention of this type
of limitation or restriction. The Army Corps of Engineers elevates some
wetland mitigation projects, preferring to pay into a King County
Wetland Mitigation Bank, not located within the City of Auburn.
The Auburn City Code currently precludes developers or City projects
from considering wetland mitigation outside City limits as an option
and staff would like to modify code to all it. If the Committee is
comfortable with this code amendment staff would prepare an a draft
code amendment through the Planning Commission for consideration
and public hearing with the Planning Commission making a
recommendation. There are many economic and/or environmental
advantages in considering wetland mitigation outside the City
boundaries. Committee and staff discussed the benefits.
Committee and staff discussed the risk and safety of using an
outside wetland mitigation banks. Committee was in support
of making this amendment to Auburn City Code and believes it
provides more tools for developers.
E. Fenster Levee Setback (Tate)
Overview of geomorphology study and potential project scenarios.
Planning and Development Interim Director Tate summarized the
definition of a Geomorphology Analysis for the Fenster Phase 2 Levee
Setback Project. For projects that have an affect on, or can be
affected by a river channel, a geomorphology study evaluates the
likely upstream and downstream effects of the project that may result
over the short term and long term, as well as likelihood of risk and
methods of mitigating those effects. Through the design process a
geomorphology study was requested by the City. In reviewing the
report, staff determined it would be beneficial to share the report with Page 6 of 8
PCD.1 Page 14 of 107
the Committee.
Staff pointed out that the report concludes that the upstream removal
of a portion of the Pautzke levee in 2009/2010 will likely result in a
more direct channel approach at the Fenster bend – an event that is
likely to occur within the next 5 years. This change in river dynamic will
have a downstream effect at Fenster, and potentially beyond,
irrespective of the Fenster 2B project.
Environmental Protection Manager Chris Andersen reviewed specific
findings of the report with the Committee. He noted that there is a
potential for a cut-through channel to develop in 2 locations and
discussed potential changes to the river. Committee and staff
discussed the potential dynamics of change within the river from either
the project or natural river changes.
An additional handout was provided to the Committee to review
alternatel Fenster 2B Revetment Setback alignments to maximize the
performance of the new revetment in terms of the long term stability in
response to a variety of potential future changes in river processes.
Committee and staff reviewed page 175 of the packet, a summary of
potential geomorphic risks to the project and other properties
downstream and discussed the various risks and potential changes.
F. 2012 Building Code Update (Tate/Ushing)
As a follow up to the February 5, 2013 joint Planning
Commission/Planning and Development Committee meetin,g staff will
present the 2012 Building Code amendments, an overview of the
Washington State amendments, and a description of proposed
updates to the City of Auburn Building Code.
Interim Planning Director Tate reviewed the changes from the 2009 to
the 2012 International Building Code. Committee and staff reviewed
the state amendments to the 2012 codes.
City Building Official Tom Ushing has met with Valley Regional Fire
Authority (VRFA) to discuss any substantive changes for the City of
Auburn. There have been not substantive changes requested by
VRFA.
The amendments will be presented to the Planning Commission in
June during a works session that is followed by a public hearing.
Staff's suggested City Code amendments will focus on technical
corrections and administrative clarifications.
In answer to Committee's question regarding applications submitted
prior to the July 1, 2013, Interim Director Tate explained staff has been
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PCD.1 Page 15 of 107
encouraging builders to submit applications for enough product that
would get them through the end of year. It is the submittal date, as
opposed to the issuance date, that will vest or grandfather a permit to
the 2009 codes. Staff is also in continuous communication with
customers at the Permit Center to inform them of the impending code
changes.
G. Director's Report (Tate)
Interim Planning Director Tate reported Orion Industries has been
issued their building permit, the ground breaking will take place next
week. The Mayor and Interim Director Tate will be attending a Sound
Cities Association quarterly meeting to present the City's Code
Enforcement Division strategies and "Wall of Shame" program.
City staff attended a neighborhood meeting at Green River Community
College to address several items of interest to those living in the
neighborhood. It was an important start to discuss concerns and
issues. Committee and staff discussed the proposed King County
transfer station and inquiries of the North Creek property.
H. PCDC Matrix (Tate)
No changes or additions were requested by the Committee.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committe, the meeting was adjourned at 6:39
p.m.
DATED THIS ______________ day of _______________________, 2013.
________________________________
___________________________________
Nancy Backus - Chair Tina Kriss - Secretary
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PCD.1 Page 16 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 20, 2013 Minutes
Date:
May 29, 2013
Department:
Public Works
Attachments:
May 20, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:June 3, 2013 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 17 of 107
Public Works Committee
May 20, 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,
Councilmember John Holman, Public Works Director Dennis Dowdy,
City Engineer/Assistant Director Dennis Selle, Assistant City Engineer
Ingrid Gaub, Engineering Aide Amber Mund, Senior Project Engineer
Jacob Sweeting, Principal Planner Jeff Dixon, Interim Planning
Director Jeff Tate, Planning Services Manager Elizabeth Chamberlain,
Assistant City Attorney Steve Gross, City Attorney Dan Heid, Traffic
Engineer James Webb, Government Relations Manager Carolyn
Robertson, and Public Works Secretary Jennifer Cusmir.
Members of the public in attendance included: Laura Westergard,
Executive Director of the Auburn Downtown Association and Scot
Pondelick.
B. Announcements
There were no announcements.
C. Agenda Modifications
II. CONSENT AGENDA
A. Approval of Minutes
Vice-Chair Peloza noted that Scot Pondelick’s last name was
misspelled and asked that it be corrected.
It was moved by Vice-Chair Peloza, seconded by MemberOsborne,
that the Committee approve the Public Works Committee Meeting
minutes for date, May 6, 2013, as amended.
Motion carried 3-0.
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PW.1 Page 18 of 107
B. Right-of-Way Use Permit No. 13-08 (Mund)
Engineering Aide Mund explained that the area or Right-of-Way that
the Downtown Association has requested to use includes the space
used by Girl Dog for their hot dog stand and the map indicating that
space was included in the permit to ensure the Downtown Association
accommodates the stand during the event.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve Right-of-Way Use Permit No. 13-08 for
The Auburn Downtown Association Wine and Music Festival.
Motion carried 3-0.
C. Right-of-Way Use Permit No. 13-09 (Mund)
Engineering Aide Mund was present. There were no questions from
the Committee.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve Right-of-Way Use Permit No. 13-09 for
the City of Auburn's 122nd Birthday Celebration.
Motion carried 3-0.
D. Public Works Project No. CP1308 (Sweeting)
Senior Project Engineer Sweeting distributed an exhibit which
indicated the locations of the BNSF utility crossings. Sweeting
explained that there are four crossings where the City has existing
utilities that need to be modified or replaced to accommodate BNSF’s
third rail which will be constructed. The consultant agreement
presented for action tonight is for the design of these utility
crossings.
Chairman Wagner stated that on the vicinity map there are five
locations indicated. Sweeting answered that the water crossings
shown on the vicinity map near the 3rd Street SW Overcrossing are
not show on the exhibit because there is a possibility they may not
need to be modified however, further investigation is needed to make
this determination.
Chairman Wagner asked if some of the utility crossings can be
abandoned. Senior Project Engineer Sweeting stated that there are
quite a few crossings that have already been abandoned that are not
included in this scope of work. Chairman Wagner asked if any of the
crossings could be combined. Sweeting answered that the utility
engineers have determined that they can not be combined as most are
large diameter pipes or water facilities that should not be combined Page 2 of 12
PW.1 Page 19 of 107
with other utilities.
Chairman Wagner asked if Puget Sound Energy (PSE) and others are
paying for improvements to their utilities. Sweeting answered
confirmed that they are.
Director Dowdy noted that as the design moves further along, there
will be better vicinity maps for the Committee to review.
Senior Project Engineer Sweeting explained that staff is asking the
Council to approve $200,000.00 to complete the design work and that
the cost of the project is already included in the budget, in response to
a question asked by Chairman Wagner. Senior Project Engineer
Sweeting answered questions asked by Chairman Wagner regarding
improvements on the electrical and communications conduits.
Vice-Chair Peloza asked if the Committee had to approve the entire
amount, $200,000.00. Sweeting stated that the City has been put
officially on notice by BNSF to move the utilities by a certain time and
the design needs to get started to meet this requirement. These
utilities are located within BNSF right-of-way and are subject to the
permit conditions set by BNSF.
Senior Project Engineer Sweeting stated that there are some storm
facilities that will discharge near or into wetlands but those facilities are
being extended by BNSF and the permits are being handled by Sound
Transit, in response to a question asked by Chairman Wagner.
Vice-Chair Peloza asked about the project schedule. Senior Project
Engineer Sweeting stated that staff’s goal is to have the project under
construction by the beginning of 2014. BNSF is scheduled to start
construction of the third rail in March or April of 2014.
Director Dowdy spoke about the benefits of constructing the
improvements prior to BNSF starting their construction.
Member Osborne asked who is responsible for repairs to the
roadways. Director Dowdy answered that BNSF is responsible for the
transition of the roadways where the third rail will be located.
The Committee and staff discussed the future location of BNSF’s third
rail. Senior Project Engineer Sweeting answered questions asked by
Vice-Chair Peloza regarding the materials used to construct the utility
line casings.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee grant permission to enter into Consultant
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Agreement No. AG-C-434 with Parametrix, Inc. for engineering
services for Project No. CP1308, BNSF Utility Crossings Project.
Motion carried 3-0.
III. RESOLUTIONS
A. Resolution No. 4952 (Dixon)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Accecpt the Release of Existing Easements
and Grant Replacement Easements to Puget Sound Energy on Four
City Properties to Facilitate the King County Reddington Levee Project
Principal Planner Dixon explained that Resolution No. 4952 is related
to property permissions related to relocating power lines to move them
out of the way of King County’s planned Reddington Levee
construction Project.
Dixon provided background information regarding the Reddington
Levee Project. Principal Planner Dixon stated that the City has just
recently been made aware that Puget Sound Energy Inc. (PSE) needs
to relocate their electrical lines that affect four city-owned
parcels: Brannan Park, two City storm utility properties, and Riverpoint
Park. Using an aerial map, Dixon identified the locations of the four
properties.
The proposal is that the existing underground electrical lines would be
abandoned in place and a new line installed to the west, landward of
the new levee location. . The abandoned underground conduit will be
removed during construction of the levee project. As part of the
proposal, PSE is seeking release the existing easements, in exchange
for the grant of new easements through the four City of Auburn
properties. The existing power facilities are mainly underground and
will be replaced in a similar manner. The aerial line crossing over the
Green River will remain an aerial line, but poles moved out of the
levee construction area.
Principal Planner Dixon stated that the Resolution was discussed at
the May 13, 2013 Planning and Community Development Committee
and the committee was amenable to the Public Works Committee
being the action committee. PSE would like to complete the power line
construction prior to the county staring their levee construction around
July 20th. Council action is needed at the May 20, 2013 meeting in
order to provide sufficient time for PSE’s work to occur prior to the
County’s start of work that is limited by federal restrictions on timing of
in-water work due to fish species.
Principal Planner Dixon discussed that the Resolution provided with
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the committee packet does not contain all of the referenced
exhibits. The exhibits are continuing to be provided by PSE. Dixon
stated that Resolution No. 4952 will allow Council to approve the
proposal and allow the Mayor and staff to negotiate the agreement for
the easements.
Principal Planner Dixon and Assistant Director/City Engineer Selle
discussed the benefits of establishing the new easements, in response
to a question asked by Chairman Wagner regarding the value of the
easements and property.
Chairman Wagner asked how staff can guarantee the location of the
power lines relative to the levee location. Principal Planner Dixon
stated that PSE and King County have coordinated on the project and
staff has received and reviewed the construction drawings for
each. The comparison has been facilitated by PSE’s plans that show
their line location over the top of the construction drawings for the
levee. Dixon noted that PSE has the base map from the county for the
levee construction.
Member Osborne asked if the easements will impact the city’s planned
stormwater pipeline project leading to the pump station . Assistant
Director/City Engineer Selle answered that staff has reviewed the
easement locations and there will be no effect.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council adopt Resolution No.
4952.
Motion carried 3-0.
B. Resolution No. 4953 (Tate)
A Resolution of the City Council of the City of Auburn,
Washington, Concerning Opposition of Locating a Solid Waste
Transfer Station at 28721 West Valley Highway in Auburn,
Washington
Interim Planning Director Tate stated that Resolution No. 4953 was
discussed at the last Planning and Community Development
Committee Meeting and is on both the Public Works and Finance
Committee agendas. Public Works Committee will be the action
committee.
The resolution is in response to the May 6, 2013 City Council Meeting
where there was general agreement and direction to prepare it and
state the City’s position regarding the King County handling facility on
West Valley Highway.
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Vice-Chair Peloza asked that the language in Section 1 of the
resolution be amended to read, ”Bow Lake Transfer Station is able to
handle solid waste and recycling needs in South King County…” The
Committee agreed.
Interim Planning Director Tate discussed some of the amendments
made to the resolution following discussion at the Planning and
Community Development Committee meeting, May 13, 2013.
Chairman Wagner suggested that a broader scope of people be
included in the solicitation of cooperation in Section 3 of the
resolution. Assistant City Attorney Gross recommended including
“….and in the valley area that may be affected by…”
Vice-Chair Peloza suggested the Mayor write a letter to the King
County Executive regarding encouraging other jurisdictions to adopt
mandatory garbage service. The Committee discussed how the City
could promote the adoption of mandatory garbage service.
Responding to Vice-Chair Peloza’s suggestion, City Attorney Heid
stated that language can be added to Section 4, dealing with the
Mayor’s authority, indicating that the Mayor shall be “…further
empowered to work with the County to seek a resolution consistent
herewith and keep the Council informed…” The Committee supported
the language change.
Assistant City Attorney Gross confirmed for Chairman Wagner that the
resolution will be amended to read, ”solicit cooperation and assistance
by King County and the property owners of the western slopes and the
property owners in the valley that will be affected by the project…” in
Section 3. Section 4 will be amended to read, …”the Mayor is
authorized to implement such administrative procedures that may be
necessary to carry out the directives of this legislation and is
requested to work with King County and other jurisdictions to
accomplish the goal of this resolution and keep the Council
informed…”
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend Council adopt Resolution No. 4953,
as amended.
Motion carried 3-0.
C. Resolution No. 4958*
A Resolution of the City Council of the City of Auburn, Washington,
Expressing Strong Support of a 2013 Transportation Investment
Package
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Chairman Wagner and the Committee discussed the inadequacy of
the package to meet the transportation needs of the cities.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council adopt Resolution No.
4958.
Motion carried 3-0.
Government Relations Manger Robertson explained to the Committee
regarding the reasons why the package was not increased at this
time. Robertson stated that the State Senate is considering sending
the package to the voters.
Government Relations Manager Robertson stated that the City will
receive local transit dollars, the opportunity for the $20.00 - $40.00
increase in the transportation benefit district, and local direct allocation
for the gas tax in the current package.
Mayor Lewis spoke about how the legislature may move the package
forward and how the area may be impacted without passage of the
package.
IV. DISCUSSION ITEMS
A. Resolution No. 4955 (Chamberlain)
A Resolution of the City Council of the City of Auburn, Washington,
Declaring Certain Real Property as Surplus and Authorizing the Mayor
and City Clerk to Execute a Purchase And Sale Agreement between
the City Of Auburn and Auburn Professional Plaza, LLC
Planning Services Manager Chamberlain explained that Multi Care is
interested in leasing Unit 352, which is currently vacant and Unit 380,
which houses the City’s GIS department and City employee break
room. Mr. Oliphant has approached the City to purchase back unit 380
for the price of $1,074,949.00. Chamberlain explained how the
purchase price was calculated.
The agreement is contingent on the buyer entering into a lease
agreement with MultiCare and it also requires the buyer to complete
necessary tenant improvements, relocating the break room and
GIS. There also need to be amendments to the condominium
declarations to reallocate the 3rd floor terrace and the parking spaces
in the Mel’s Lot to the various units.
Planning Services Manager Chamberlain stated that all of the Council
Committees have had or will have an opportunity to review Resolution
No. 4955.
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Chamberlain stated that MultiCare would like to have their doors open
by September 1st.
Planning Services Manager Chamberlain answered questions asked
by Member Osborne regarding the agreement.
Assistant City Attorney Gross answered questions asked by Vice-
Chair Peloza regarding the release of City’s brokerage agreement.
The Committee supported adoption of Resolution No. 4955.
B. Resolution No. 4950 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington
Declaring Certain Items of Property as Surplus and Authorizing Their
Disposal
Director Dowdy provided details about the accident that the vehicle
was involved in and that this is covered by the City’s insurance,
following questions asked by Vice-Chair Peloza.
The Committee supported adoption of Resolution No. 4950.
C. Resolution No. 4937 (Webb)
A Resolution of the City Council of the City of Auburn, Washington,
Approving the 2014-2019 Transportation Improvement Program of the
City of Auburn Pursuant to R.C.W. Chapter 35.77 of the Laws of the
State of Washington
Member Osborne asked that the M Street SE Underpass Project
Phase II be included in the Transportation Improvement Program (TIP)
as it was requested at the last Public Works Committee
Meeting. Traffic Engineer Webb stated that it is possible to add the
project.
The Committee and staff discussed adding funding to TIP #32,
Citywide Sidewalk Repairs and Improvements. Government Relations
Manager Robertson noted that there is potential grant funding in the
transportation package for sidewalks and safe walking
routes. Chairman Wagner asked that the funds be added as a grant.
Chairman Wagner asked if the money from the sale of unit 380 in the
Annex building could be shifted into the Save Our Street fund and into
the budget for TIP #37, Local Street Improvement Program, in
2014. Mayor Lewis answered that he would check with Finance
Director Coleman.
The Committee and staff discussed local street funding and Page 8 of 12
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construction sales tax estimates.
D. Green River System Wide Improvement Framework (SWIF) (Dowdy)
Director Dowdy stated that a letter was received by the County from
the Army Corps of Engineers stating if areas wanted the Corps to
respond in an emergency they must modify their levee and vegetation
policy to be consistent with the Corps’ policy within two years. Dowdy
said that vegetation is the primary concern.
Director Dowdy explained that the reason the letter is being brought to
the Committee and the Planning and Community Development
Committee for discussion is because the Mayor anticipates getting a
notice from the County asking the City who their representative will be
to work on the two year effort. Mayor Lewis agreed. Director Dowdy
stated that the representative will probably need to attend monthly
meetings and there will be multiple agencies involved.
Director Dowdy discussed the importance of participating in the
development of the policies and how it will impact future development
in the City.
Mayor Lewis and the Committee discussed the importance of the
SWIF and how it may affect the flood map.
Director Dowdy said that staff will work with the City’s representative to
make sure they have a solid understanding of all of the details that will
affect Auburn.
Director Dowdy addressed questions asked by Chairman Wagner and
Member Osborne regarding the data used to develop the SWIF and
the budget.
Vice-Chair Peloza recommended Member Osborne be the City’s
representative. Mayor Lewis agreed based on Member Osborne’s
understanding of the river system. Chairman Wagner also agreed.
Member Osborne agreed to act as the City’s representative.
E. Watershed Investment Districts* (Robertson)
Mayor Lewis noted that the districts are taxing districts and stated that
one of the guiding principals of the Cities along the rivers that formed
the WIRAs was this was not to cost the cities or tax the populations.
Vice-Chair Peloza explained that the Watershed Investment Districts
are a vehicle to complete projects that currently lack funding. Mayor
Lewis agreed that the districts could be a funding vehicle for the Puget
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Sound Partnership.
Vice-Chair Peloza provided additional background information
regarding the development of the concept of the watershed investment
districts. Vice-Chair Peloza stated that there is a meeting scheduled to
review the draft concept with Representative John McCoy on May 30th
which he will be attending. There will also be a summit in September
2013 to discuss the salmon habitat plan.
Member Osborne stated that as the ACT is written, he does oppose
it. Member Osborne explained some of the reasons for his
opposition.
Government Relations Manager Robertson provided additional
background information. Robertson explained that several
representatives decided to go to the state legislature to discuss
conducting a study to try to figure out how to develop a watershed
investment district and how it would be funded. The study has been
going on through 2013. Robertson stated that the next legislative step
is to create a bill to create the district as was determined in the study.
The proposal the Committee is reviewing has come from WIRA 9 and
is only a draft and needs to be vetted. Representative McCoy would
like to use the draft bill as the ground work for his interim work-study
group to develop legislation about the creation of a watershed
investment district.
Government Relations Manager Robertson reviewed the components
of the bill which the City should be paying special attention to.
Mayor Lewis stated that Government Relations Manager Robertson
will be watching the bill as it moves through the legislature.
Chairman Wagner asked for a copy of the study that leads to the draft
bill.
Vice-Chair Peloza noted that his goal is to not have an unfunded
mandate given to the City of Auburn.
Member Osborne spoke about problems that he has with the outline
for the governing body.
Mayor Lewis spoke about the importance of City representation as the
concept moved forward through the legislative process.
Government Relations Manager Robertson also stated that there is a
meeting on May 22nd at the Sound Cities Association’s (SCA) offices
because there is a subcommittee through SCA that has been working
on the draft which she will be attending.
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Chairman Wagner asked for additional information regarding other
states that may have watershed investment districts.
F. Capital Project Status Report (Gaub)
Item 7 – C524A – SCADA System Improvements: Chairman Wagner
asked if the project will remain under budget. Assistant City Engineer
Gaub stated there are 37 sites in the SCADA agreement but there are
more sites than that so there will be additional work to finish the
conversion and it is anticipated that the funds budgeted will be
spent.
Item 12 – CP1119 – AWS Corridor Improvements – Fir St SE to
Hemlock St SE: Assistant City Engineer Gaub stated that the Right-of-
Way acquisition process has just started and must be complete prior
to the project being advertised for bids, in response to a question
asked by Chairman Wagner.
Item 10 – CP1108 – 2011/12/13 Citywide Storm Pond
Cleaning: Assistant City Engineer Gaub said that the City is close to
finalizing the agreement with the County, in response to a question
asked by Vice-Chair Peloza.
Item 24 – CP1301 – 2013 Sidewalk Repair Project: Chairman Wagner
asked if the project will be ready to advertise for bids in August
considering the design is only 5% complete. Assistant Director/City
Engineer Selle answered that the project should be ready as
sidewalks are not a complicated design element but that construction
later in the year is not a concern for this project.
Item 30 – C2229A – BNSF/EVH Pedestrian Undercrossing: Member
Osborne asked how long the project will remain on hold before it is
removed from the capital project’s list. Assistant City Engineer Gaub
said that the City currently has a federal grant which does not cover
the cost of the entire project, and the City has been in discussion with
the State to rescope the purpose of the grant funds given the issues
with the BNSF 3rd Rail. Assistant Director/City Engineer Selle stated
staff is currently considering an at grade crossing of A Street SE
instead of an underpass.
The Committee and staff discussed an at grade crossing versus an
overhead or underground crossing.
Chairman Wagner reported that the WSU students did some fairly
decent work on the A Street Pedestrian crossing which he will provide
to staff. Assistant City Engineer Gaub briefed the Committee on a
change in the scope of the arterial overlay and patching project, on B
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Street NW from 14th Street to 30th Street. Gaub explained that the
roadway is currently striped as a four-lane roadway. In the
Comprehensive Plan there is a desire to have bicycle lanes and staff
is proposing to stripe it as a three-lane roadway with bicycle lanes on
the outside. This will tie in with the A/B Corridor and meet the
comprehensive plan goals.
The Committee and staff discussed the pros and cons of making the
roadway three-lanes and how the roadway may be affected by the
completion of the A/B Corridor.
The Committee agreed with the change in scope, stating if increase in
traffic impacts the roadway the stripping can be changed back.
G. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
There were no questions from the Committee.
H. Action Tracking Matrix (Dowdy)
Item M – Street Lamp Installation 112th & 296th Streets: Assistant
Director/City Engineer Selle stated that staff got the report from Puget
Sound Energy and this is not a situation where a light can just be
added to the pole. There will be a cost of approximately $675.00 to
install the light. Assistant Director/City Engineer Selle noted that the
City’s policy is that if there are costs associated with light installation,
those situations will be reviewed on a case by case basis since there
is no line item budget for these types of expenditures. For this location,
staff believes that a light would be appropriate. Vice-Chair Peloza said
that he will speak to the Mayor regarding the intersection.
Item G – BNSF Stampede Pass Line: Chairman Wagner suggested
the item be rescheduled for a later date, such as September.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 5:27 p.m.
Approved this 3rd day of June, 2013.
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PW.1 Page 29 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 20, 2013 Minutes
Date:
May 28, 2013
Department:
Administration
Attachments:
May 20, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:June 3, 2013 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 30 of 107
Finance Committee
May 20, 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,
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, Finance Director Shelley Coleman, Human Resources and Risk
Management Director Brenda Heineman, City Attorney Daniel B. Heid,
Parks, Arts and Recreation Director Daryl Faber, Interim Planning and
Development Director Jeff Tate, Planning Manager Elizabeth
Chamberlain, Employee Relations and Compensation Manager Aaron
Barber, Chief of Police Bob Lee, Public Works Director Dennis Dowdy,
and City Clerk Danielle Daskam.
Also present were Trisha Grove and Cam Cayce of the Law Offices of
Cayce and Grove, Scot Pondelick and Thomas Sauers.
B. Announcements
There was no announcement.
C. Agenda Modifications
A revised Resolution No. 4953 was distributed and Resolution No.
4958 was added to the agenda.
II. CONSENT AGENDA
A. May 6, 2013 Minutes
Member Holman moved and Vice Chair Wales seconded to approve
the minutes as distributed.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
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FN.1 Page 31 of 107
Claims check numbers 422300 through 422679 in the amount of
$4,265.289.56 and dated May 20, 2013.
Committee members reviewed the claims and payroll vouchers and
briefly discussed claims voucher numbers 422391, 422679, 422546
and 422667. Vice Chair Wales inquired regarding the photo
enforcement contract with Redflex. Finance Director Coleman
responded that the current photo enforcement contract expires May
31, 2013. On this evening's Council agenda, there is a
resolution which would extend the contract for an additional year under
the current terms of the contract. In the meantime, the City will solicit
new proposals for photo enforcement.
Vice Chair Wales moved and Member Holman seconded to approve
the claims and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 533788 through 533820 in the amount of
$869,903.60 and electronic deposit transmissions in the amount of
$1,204,262.28 for a grand total of $2,074,165.88 for the period
covering April 25, 2013 to May 8, 2013.
See claims vouchers above for action on payroll vouchers.
III. RESOLUTIONS
A. Resolution No. 4950 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington
declaring certain items of property as surplus and authorizing their
disposal
Public Works Director Dowdy presented Resolution No. 4950 to the
Committee. The Resolution authorizes the surplus of a police vehicle
that was totaled as a result of a collision caused by another driver.
There is a pending insurance claim.
Vice Chair Wales moved and Member Holman seconded to approve
Resolution No. 4950 and forward the resolution to the full Council for
consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
IV. DISCUSSION ITEMS
A. March 2013 Financial Report (Coleman)
Finance Director Coleman presented the monthly financial report for
March, 2013. Finance Director Coleman noted the significant amount
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FN.1 Page 32 of 107
of permit fees and plan reviews fees collected to date. Building permit
fees are at over 300 percent of budget.
Director Coleman reported that property tax collections will be reported
beginning in the April monthly report. Due to timing of expenses and
revenues, revenues are lagging behind expenses by approximately $2
million.
Finance Director Coleman stated that the rounds at the golf course
have increased over the same period last year and the amount of the
net operating loss has therefore decreased.
Director Coleman reported pet licensing has increased significantly in
April and will be reported next month.
Member Holman noted the comparison of sales tax collections by
business sectors, particularly the comparisons for construction and
manufacturing, which show sizable increases over 2012.
B. Resolution No. 4944 (Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the conversion to, and sale of Auburn Police Canine Bodi
as surplus property of the City of Auburn
Chief of Police Lee presented Resolution No. 4944, which authorizes
the sale of Canine Bodi to his handler, Sergeant Sam Betz. Bodi has
been in service for four years as a narcotics dog. Bodi will not be
replaced.
C. Resolution No. 4953 (Tate)
A Resolution of the City Council of the City of Auburn,
Washington, opposing King County locating a solid waste transfer
station at 28721 West Valley Highway in Auburn, Washington, and
expressing its concerns relative thereto
Interim Planning and Development Director Tate presented Resolution
No. 4953. The resolution is a follow-up item to the May 6th City
Council meeting where there was a general instruction to prepare a
resolution that takes a position on the proposed King County solid
waste handling facility at 28721 West Valley Highway. Resolution No.
4953 was reviewed by the Planning and Community Development
Committee on May 13, where the resolution was modified. The Public
Works Committee reviewed Resolution No. 4953 earlier today and
suggested further modifications included in the revised
resolution presented this evening.
Interim Director Tate noted that Section 2 of the resolution includes a
statement urging King County to take steps to implement mandatory
curb-side garbage collection and recycling services and promote other Page 3 of 6
FN.1 Page 33 of 107
jurisdictions within King County to do the same. Currently, only 13 of
the 37 cities in King County require garbage service and only 12 of the
37 cities require recycling services. Mr. Tate presented a copy of an
email that includes a list of the cities in King County that do not require
mandatory garbage service.
D. Resolution No. 4954 (Faber)
A Resolution of the City of Auburn, Washington authorizing the
acceptance of a grant from the Cultural Development Authority of
King County (4Culture) and authorizing the Mayor and City Clerk to
execute the necessary contracts to accept said funds
Parks, Arts and Recreation Director Faber presented Resolution No.
4954. The resolution accepts a grant from the Cultural Development
Authority of King County (4Culture) in the amount of $17,000 to
support City arts programming as well as community organizations
that present art programs and/or activities. The City has been the
recipient of the grant for at least the last twenty years.
E. Resolution No. 4955 (Chamberlain)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain real property as surplus and authorizing the Mayor
and City Clerk to execute a Purchase And Sale Agreement between
the City Of Auburn and Auburn Professional Plaza, LLC
Planning Manager Chamberlain presented Resolution No. 4955, which
authorizes the sale of Unit 380 within the City's Annex at One East
Main Street to Auburn Professional Plaza LLC. The resolution was
previously presented to Municipal Services and Planning and
Community Development Committees.
Ms. Chamberlain explained that Jeff Oliphant of Auburn Professional
Plaza LLC approached the City to purchase Unit 380. Multicare is
interested in leasing Unit 352 and would require the space of Unit 380
to accommodate their proposed use. Multicare desires to open by
September 1st.
As part of the Purchase and Sale Agreement, Auburn Professional
Plaza LLC will be required to complete the necessary tenant
improvements for the City to relocate the employee break room to
the second floor and relocate the GIS offices.
F. Resolution No. 4956 (Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Agreement
between the City of Auburn and Cayce & Grove for Public Defense
Services
Human Resources and Risk Management Director Heineman
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FN.1 Page 34 of 107
presented Resolution No. 4956 for discussion. The resolution
authorizes an agreement between the City and Cayce and Grove for
public defense services. Director Heineman introduced Trisha Grove
and Cam Cayce of the Law Offices of Cayce and Grove. Cayce and
Grove have been selected as the City's public defender.
Employee Relations and Compensation Manager Aaron Barber
reported that two proposals were received for public defense services:
one from the Law Offices of Cayce and Grove and the other from the
current public defender, Law Offices of Matthew Rusnak.
Director Heineman distributed copies of the criteria scoring sheet;
Cayce and Grove's scoring appears under column B.
Employee Relations and Compensation Manager Barber reviewed the
selection process and the proposed contract. Cayce and Grove are
currently the public defender for the City of Renton. The term of
the proposed contract is July 1, 2013 to December 31, 2014. The firm
plans to hire three additional attorneys to perform public defense
services for the City of Auburn.
The cost of the contract will increase from $30,416.66 per month to
$33,750.00 per month. Additionally, a one-time transition fee in the
amount of $10,000.00 will be paid within ten days of the execution of
the contract.
The public defense budget for 2013 is $450,000.00, and it is
anticipated that the 2013 budget will be $55,000.00 under budget.
Mr. Barber also briefly reviewed the case weighting system.
In response to questions from Member Holman, Mr. Barber explained
that Cayce and Grove will provide vertical representation, which
means that one attorney will represent the client through the client's
entire process. The current public defender does not provide vertical
representation.
G. Resolution No. 4958
A Resolution of the City Council of the City of Auburn, Washington,
expressing its strong support of a 2013 transportation investment
package
Mayor Lewis presented Resolution No. 4958, which expresses the
Council's strong support of a comprehensive transportation investment
package, including direct funding and funding options for local
governments.
The 2013 legislature is considering a 12-year $9.5 billion package of
Page 5 of 6
FN.1 Page 35 of 107
transportation infrastructure investments. The transportation
investment package provides critical funding for key highway corridor
projects throughout the state, including the Puget Sound Gateway
Project, which will complete SR167 and Highway 509.
Mayor Lewis stated that the investment package is critical to
maintaining and upgrading the transportation system and enhancing
freight mobility for the Ports and for creating and growing jobs in the
region.
V. ADJOURNMENT
There being no further business to come before the Committee, the
meeting adjourned at 6:40 p.m.
APPROVED this ____ day of _________, 2013.
___________________________ __________________________
John Partridge, Chair Danielle Daskam, City Clerk
Page 6 of 6
FN.1 Page 36 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
May 20, 2013 Minutes
Date:
May 28, 2013
Department:
Administration
Attachments:
May 20, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 3, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 37 of 107
City Council Meeting
May 20, 2013 - 7:30 PM
Auburn City Hall
MINUTES
Watch the meeting video
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I. CALL TO ORDER
A. Flag Salute
Mayor 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, Largo Wales, Wayne Osborne and John
Holman.
Department directors and staff members present: Public Works
Dennis Dowdy, City Attorney Daniel B. Heid, Interim Planning and
Development Director Jeff Tate, Parks, Arts and Recreation Director
Daryl Faber, Economic Development Manager Doug Lein, Finance
Director Shelley Coleman, Human Resources and Risk Management
Director Brenda Heineman, Multimedia Manager Dana Hinman, and
City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. John Ansotigue - "More Than We Imagined Award"
The Mayor and City Council to honor John Ansotigue for his World
Record finish at the 2013 World Stacking Championships.
Mayor recognized John Ansotigue and presented him with the
"More Than We Imagined Award" for his World Sport Stacking
Championship achievement. Mr. Ansotigue, who is the
Northwest Region Sport Stacking Director, is responsible for
starting the cup stacking sport in the Auburn area.
Auburn recently hosted the cup stacking competitions for the
Pacific Northwest region. Mr. Ansotigue competed for the first time
in the 2013 World Sport Stacking Championships in Orlando,
Florida. Mr. Ansotigue's results at the 2013 World Sport Stacking
Championships were:
Senior 60+ Age Division: 3-6-3 Timed Relay - WORLD RECORD
1st Place (which is also Senior 60+ Age Division: 3-6-3 Timed
Relay United States National Record)
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CA.A Page 38 of 107
In the individual events, Mr. Ansotigue finished in the Overall from
45+ and then finished first in 2 of the 3 events in the age 60+ age
division for:
3-3-3 Individual Finals Overall 5th Place in the World
Championships and 1st Place Male 60+
3-6-3 Individual Finals Overall 6th Place in the World
Championships and 2nd Place Male 60+
Cycle Finals Overall 4th Place in World Championships and 1st
Place Male 60+
Mr. Ansotigue gave a brief demonstration of sport stacking. He
thanked Mayor Lewis and the City Council for their support of the
sport.
2. Valley Regional Fire Authority Presentation
Valley Regional Fire Authority (VRFA) Captain Bill Mack and Fire
Fighter Jesse Mitchell spoke regarding a program called Fire
Operations 101, which provides elected officials, administrators,
and members of the press an opportunity to experience the
demands and resources required of a fire fighter. The exercise is
held in Richland, Washington each year. Deputy Mayor
Backus participated in 2010. This year Councilmember John
Partridge participated in Fire Ops 101, which included scenarios
for search and rescue, live burn, extrication, cardiac arrest, and
ladder climb. Captain Mack and Fire Fighter Mitchell displayed a
slide show and video of Councilmember Partridge's participation
in the event.
Captain Mack and Fire Fighter Mitchell presented Councilmember
Partridge with a fire fighter's helmet and International Association
of Fire Fighters Local 1352 patch to commemorate his
participation.
3. YMCA Teens Presentation
The YMCA's Youth Council has developed a "Teen Year in
Review" presentation for the Auburn City Council.
Eddie Joseph, Youth Development Director for the Auburn Valley
YMCA, presented members of the YMCA Youth Council who
displayed their best photos of the year depicting many of their
activities held throughout 2012, including summer camp, late
night, college road trip, and other recreational and cultural
experiences. Mr. Joseph stated the YMCA provides enrichment
to youth from various backgrounds and economic status
who might not otherwise have the opportunity to experience these
Page 2 of 13
CA.A Page 39 of 107
activities.
4. Valley Communications 911 Honorees
Mayor Lewis to expound on employees recently honored for their
exemplary performance.
Mayor Lewis announced that one of Valley Communications 9-1-1
call receivers, Wendy Glover, was recently honored with the King
County Emergency Medical Dispatcher Award for sustained
superior performance and exemplary handling of a critical
incident. Mayor Lewis played a portion of the 9-1-1 audio
recording of the call and Ms. Glover's response. Ms. Glover could
be heard calming the caller and encouraging and instructing the
caller in CPR.
5. Commercial Real Estate Development Association
Mayor Lewis stated that the Commercial Real Estate
Development Association, Washington State Chapter, has issued
a letter of support for the Valley Cities, the Puget Sound Gateway
Project of Highways 167 and 509, the east and west valley freight
corridor projects and the miles that connect the valley cities from
the freeways and its members facilities. Mayor Lewis spoke
regarding the need to improve the freight corridors in the valley to
ensure the Ports' ability to compete with other ports around the
country.
6. Relay for Life
Mayor Lewis announced the City is the recipient of the 2013
Relay for Life Award--Super Heroes - Making Hope Happen.
D. Agenda Modifications
Agenda modifications included revised materials associated with
Resolution No. 4911, revised Resolution No. 4953, and the addition of
Resolution No. 4958.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
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.
Marie Anne Harkness, 297xx 53rd Avenue S, Auburn
Ms. Harkness spoke regarding the potential siting of a King County
solid waste transfer station at 28721 West Valley Highway. Ms.
Harkness displayed an Auburn zoning map, noting the subject site is
Page 3 of 13
CA.A Page 40 of 107
zoned light industrial. Ms. Harkness requested the City Council
consider an alternative version of Resolution No. 4953, which she read
and presented to the Council. She urged the City Council to reject the
north Auburn site as a site for a King County solid waste transfer
station.
John Lindenauer, 292xx 58th Place S, Auburn
Mr. Lindenauer expressed opposition to the current wording of
proposed Resolution No. 4953. He requested the City Council
include more forceful opposition to the 28721 West Valley Highway
site. Mr. Lindenauer submitted his written comments. Mr. Lindenauer
also referred to an email and presentation to King County regarding
the north Auburn site, which he also submitted for the record.
Cameron Randall, 60xx South 298th Place, Auburn
Mr. Randall expressed opposition to the potential location of a solid
waste transfer station at 28721 West Valley Highway and suggested
the property should be preserved as part of the Mill Creek wetlands.
He proposed removing the site from the Innovation Partnership Zone
(IPZ). Mr. Randall expressed his support for the IPZ, but objected to
the inclusion of 28721 West Valley Highway in the IPZ. Mr. Randall
requested that the City Council strike the recitals of proposed
Resolution No. 4953 that relate to storm drainage issues.
Katie Mills, 60xx South 298th Place, Auburn
Ms. Mills expressed opposition to the potential siting of a King County
solid waste transfer station at 28721 West Valley Highway. Ms. Mills
cited potential impacts to traffic and wetlands.
Kathleen Cummings, 60xx South 300th Street, Auburn
Ms. Cummings expressed opposition to the potential siting of a
King County solid waste transfer station at 28721 West Valley
Highway. She urged the Council to adopt a resolution that clearly
states the Council's opposition to a transfer station location in Auburn.
John Brekke, PO Box 287, Medina, WA
Mr. Brekke stated that he is a commercial property owner in Auburn.
He requested the City Council pass a resolution expressing firm
opposition to locating a solid waste transfer station in the city of
Auburn. Mr. Brekke stated a solid transfer station will have negative
impacts on surrounding businesses and property values. Mr. Brekke
submitted additional written comments for the record.
Dan Davis, 278xx 48th Avenue South, Auburn
Mr. Davis stated he represents the homeowners' association for the
Shaughnessy neighborhood. Mr. Davis expressed opposition to the
proposed siting of a solid waste transfer station at 28712 West Valley
Page 4 of 13
CA.A Page 41 of 107
Highway in Auburn.
Jodi Riker Yap, PO Box 1243, Auburn
Ms. Riker stated she participated in the King County transfer station
siting committee and questioned the City's involvement in
the preliminary siting meetings.
Elam Anderson, 3xx 23rd Street SE, Auburn
Mr. Anderson spoke regarding the infrastructure improvements around
City Hall and West Auburn. He also spoke about the quality of school
lunch programs. He urged the City Council to endeavor to increase
the quality of life for its citizens.
Mayor Lewis stated the improvements to the downtown infrastructure
were accomplished with federal economic development agency funds.
Mayor Lewis stated the Environmental Park was developed with the
use of grants from the state. Mayor Lewis encouraged citizens to
attend City Council and Council Committee meetings, which are all
open to the public.
Mayor Lewis also explained the reasoning behind including the storm
drainage concerns in Resolution No. 4953, and that King County
needs to consider the issues and concerns related to storm drainage.
Mayor Lewis also noted that King County requested non-governmental
representation on their solid waste transfer station siting committee.
The City of Auburn was always represented at the County's public
meetings on potential sites for a new solid waste transfer station.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met May 13,
2013. The Committee reviewed Resolution No. 4942 related to an
Interlocal Agreement with the City of Algona for innovation and
technology services, Resolution No. 4943 related to a proposed
extension of the Redflex red light and speed photo enforcement
contract, Resolution No. 4945 relating to the application and
acceptance of a State Department of Transportation aviation grant to
update the Airport Master Plan, and Resolution No. 4944 authorizing
the surplus and sale of Police Canine Bodi to his handler. The
Committee discussed Resolution No. 4955 authorizing a Purchase
and Sale Agreement with Auburn Professional Plaza. The next
regular meeting of the Municipal Services Committee is scheduled for Page 5 of 13
CA.A Page 42 of 107
Tuesday, May 28, 2013 at 3:30 p.m.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development
Committee met May 13, 2013. The Committee reviewed Resolution
No. 4955 authorizing a Purchase and Sale Agreement with Auburn
Professional Plaza LLC for Unit 380 in the One Main Professional
Plaza. The unit consists of a portion of the third floor of the building
currently owned by the City. The purchase price is $1,074,949.00.
Mr. Oliphant of Auburn Professional Plaza, proposes to lease the unit
to MultiCare Health Systems. The Committee also reviewed
Resolution No. 4953 opposing a solid waste transfer station in north
Auburn and Resolution No. 4911 relating to a property exchange with
the State of Washington for property. The Committee discussed
Resolution No. 4937 relating to the Transportation Improvement
Program, floodplain management, Mill Creek restoration, relocation of
Puget Sound Energy easements due to the Reddington Levee Project,
and the director's report. The next regular meeting of the Planning
and Community Development Committee is scheduled for Tuesday,
May 28, 2013 at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this
afternoon at 3:30 p.m. The Committee approved right-of-way use
permits for the Auburn Downtown Association Wine and Music
Festival and the City of Auburn's 122nd Birthday Celebration. The
Committee also approved a consultant agreement related to Project
CP1308, the Burlington Northern Utility Crossings Project, Resolution
No. 4952 authorizing an exchange of easements with Puget Sound
Energy to facilitate the Reddington Levee Project, Resolution No. 4953
expressing opposition to a solid waste transfer station in north
Auburn, and Resolution No. 4958 expressing support for a State
Transportation Investment Package. The Committee discussed
Resolution No. 4955 relating to the sale of Unit 380 at the Annex
building, Resolution No. 4950 to surplus a vehicle, Resolution No.
4937 related to the Transportation Improvement Program, an update
on the Green River System Wide Improvement Framework relating to
the improvement of the levees along the Green River, the capital
project status report, and the Committee matrix. The next regular
meeting of the Public Works Committee is scheduled for June 3, 2013
at 3:30 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at
5:30. The Committee reviewed claims vouchers in the amount of
approximately $4 million and payroll vouchers in the amount of
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CA.A Page 43 of 107
approximately $2 million. The Committee approved Resolution No.
4950 regarding the surplus of a police vehicle. The Committee
discussed the monthly financial report for March 2013, which reflected
an increase in pet licensing fees, greens fees, activity at the cemetery,
and building and planning fees. The Committee also
discussed Resolution No. 4944 relating to the conversion and sale of
Police Canine Bodi to his handler, Resolution No. 4953, Resolution
No. 4954 accepting a grant from 4Culture, Resolution No. 4955
relating to the sale of Unit 380 at the Annex located at One East
Main, Resolution No. 4956 relating to the public defense services
contract, and Resolution No. 4958 expressing support of a State
Transportation Investment Package. The next regular meeting of the
Finance Committee is scheduled for June 3, 2013 at 5:30 p.m.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus
Committee meeting is scheduled for May 22, 2013.
F. Council Operations Committee
The next regular meeting of the Council Operations Committee
meeting is scheduled for June 3, 2013.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes of the May 6, 2013 Regular Meeting
B. Claims Vouchers (Partridge/Coleman)
Claims check numbers 422300 through 422679 in the amount of
$4,265.289.56 and dated May 20, 2013.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533788 through 533820 in the amount of
$869,903.60 and electronic deposit transmissions in the amount of
$1,204,262.28 for a grand total of $2,074,165.88 for the period
covering April 25, 2013 to May 8, 2013.
D. Public Works Project No. CP1308 (Wagner/Dowdy)
City Council grant permission to enter into Consultant Agreement No.
AG-C-434 with Parametrix, Inc. for engineering services for Project
No. CP1308, BNSF Utility Crossings Project
Deputy Mayor Backus moved and Councilmember Wagner seconded
to approve the Consent Agenda.
The Consent Agenda includes claims and payroll vouchers and public
works projects.
Page 7 of 13
CA.A Page 44 of 107
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. RESOLUTIONS
A. Resolution No. 4911 (Backus/Faber)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain city property as surplus, and authorizing the Mayor
and City Clerk to execute agreements between the City of Auburn and
the State of Washington for an exchange of property
Deputy Mayor Backus moved and Councilmember Holman
seconded to adopt Resolution No. 4911.
Resolution No. 4911 approves a real property exchange agreement
with the State of Washington. The City owns property at 810 30th
Street NE which it is exchanging for property currently owned by the
State of Washington at 29th and R Street SE adjacent to Game Farm
Park. The City's property is currently assessed for $833.000.00. The
State's property is currently valued at $582,600.00; however, the State
proposed the site would be sold through public auction with a
minimum bid of $795,000.00.
MOTION CARRIED UNANIMOUSLY. 7-0
Mayor Lewis added that the City has been desirous of obtaining the
property adjacent to Game Farm Park for decades.
B. Resolution No. 4943 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute first amendment to
agreement between the City of Auburn and Redflex Traffic Systems,
Inc.
Councilmember Peloza moved and Councilmember
Osborne seconded to adopt Resolution No. 4943.
Resolution No. 4943 extends the contract with Redflex for red light and
speed photo enforcement for one year. It is anticipated that a request
for proposals for red light and speed photos enforcement will be
issued during this time.
Page 8 of 13
CA.A Page 45 of 107
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 4944 (Peloza/Lee)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the conversion to, and sale of Auburn police canine Bodi
as surplus property of the City of Auburn
Councilmember Peloza moved and Councilmember Osborne
seconded to adopt Resolution No. 4944.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 4945 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City to apply for, and if awarded, to accept state grant
funds in the amount of $6,000.00 from the Washington State
Department of Transportation Aviation Division to update the 2000-
2020 Airport Master Plan and authorizing the execution of the grant
agreement therefor
Councilmember Peloza moved and Councilmember Osborne
seconded to adopt Resolution No. 4945.
Resolution No. 4945 accepts a grant from the Washington State
Department of Transportation Aviation Division in the amount of
$6,000.00 to update the Airport Master Plan.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 4950 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington
declaring certain items of property as surplus and authorizing their
disposal
Councilmember Wagner moved and Councilmember Peloza seconded
to adopt Resolution No. 4950.
The Resolution declares a police vehicle as surplus. The vehicle was
in an accident earlier this year and is declared a total loss.
MOTION CARRIED UNANIMOUSLY. 7-0
F. Resolution No. 4952 (Backus/Tate)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to accept the release of existing easements and
grant replacement easements to Puget Sound Energy Inc. on four City
properties to facilitate the King County Reddington Levee Project
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4952.
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CA.A Page 46 of 107
Resolution No. 4952 authorizes the replacement of easements with
Puget Sound Energy to facilitate the Reddington Levee Project.
MOTION CARRIED UNANIMOUSLY. 7-0
G. Resolution No. 4953 (Backus/Tate)
A Resolution of the City Council of the City of Auburn,
Washington, opposing King County locating a solid waste transfer
station at 28721 West Valley Highway in Auburn, Washington, and
expressing its concerns relative thereto
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4953.
Deputy Mayor Backus moved and Councilmember Holman
seconded to amend page 2, second paragraph by inserting the words
"work together" to read in part: "King County and the West Hill upland
property owners should take steps to work together to address..." and
amend page 2, third paragraph to change M-2 to M-1 and insert the
words "commercial and" before the words "light manufacturing uses".
Councilmember Wagner moved and Councilmember Wales seconded
to amend page 1, second paragraph, by striking the words "historical"
and "now" and striking recital paragraphs 3, 4 and 5.
Councilmember Peloza emphasized the need to encourage other
cities to enact mandatory garbage collection.
MOTION ON THE SECONDARY AMENDMENT CARRIED
UNANIMOUSLY. 7-0
MOTION ON THE PRIMARY AMENDMENT CARRIED
UNANIMOUSLY. 7-0
Councilmembers Wagner and Peloza spoke in favor of adopting the
resolution and avoiding any delay.
Councilmember Partridge stated he would prefer to table the
resolution to allow further review by Council and legal counsel.
MOTION ON RESOLUTION NO. 4953, AS AMENDED, CARRIED
UNANIMOUSLY. 7-0
H. Resolution No. 4955 (Backus/Tate)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain real property as surplus and authorizing the Mayor
and City Clerk to execute a Purchase and Sale Agreement between
Page 10 of 13
CA.A Page 47 of 107
the City of Auburn and Auburn Professional Plaza, LLC
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Resolution No. 4955.
The Resolution approves a Purchase and Sale Agreement between
the City of Auburn and Professional Plaza LLC related to Unit 380 at
One East Main Street, currently owned by the City of Auburn.
MOTION CARRIED UNANIMOUSLY. 7-0
I. Resolution No. 4958
A Resolution of the City Council of the City of Auburn, Washington,
expressing its strong support of a 2013 Transportation Investment
Package
Councilmember Wagner moved and Councilmember Peloza seconded
to adopt Resolution No. 4958.
Resolution No. 4958 expresses the Council's support for the 2013
Transportation Investment Package that is currently under
consideration in the state legislature.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. 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
(For clarification of these minutes, Council reports were provided
immediately following the executive and closed sessions.)
Deputy Mayor Backus reported on her attendance at the housing
issues briefing presented by the South King County Realtors, the State
Auditor's Office entrance session, the monthly meeting of the Valley
Regional Fire Authority Board of Governance, the grand opening of
Rainier View Construction and Roofing, the morning Kiwanis Club
meeting, a meeting of the Economic Development Council for Seattle-
South King County, Ilalko Elementary School's walk to fight childhood
obesity, Auburn Relay for Life, Petpalooza, and the Rotary
Club fundraising show.
Councilmember Wagner reported on his attendance at the King
County Realtors luncheon, the Auburn Arts Commission meeting, and
Petpalooza.
Page 11 of 13
CA.A Page 48 of 107
Councilmember Wales reported on her attendance at the Regional
Access Mobility Partnership (RAMP) meeting and the King County
Board of Health meeting, where subjects of discussion included health
impacts of coal trains and pharmaceutical buy back/stewardship.
Councilmember Holman reported on plans for celebrating the City's
122nd anniversary of incorporation with a birthday party planned for
June 14th themed "History and Hops". Auburn's first commercial crop
one hundred twenty-two years ago was hops.
Councilmember Peloza reported on his attendance at the Water
Resource Inventory Area (WRIA) 9 Watershed Ecosystem Forum, the
King County Solid Waste Advisory Committee meeting, the annual
Real Estate Housing Issues briefing, the State Auditor's entrance
briefing, the Auburn Symphony Association fundraiser, and a training
session on parliamentary procedure. Councilmember Peloza
reminded the Auburn International Farmers Market opens its new
season on June 9, 2013. He also reminded citizens to license their
pets; licenses can be purchased at City Hall, the City's customer
service center, Parks and Recreation, Auburn Valley Humane Society,
several Auburn area veterinarians, and on-line.
Councilmember Osborne reported on his attendance at the King
County Regional Transit Committee meeting where discussion
included the possibility of a funding shortfall for transit that may
affect some of the routes serving Auburn.
Councilmember Partridge reported on his attendance at the annual
Real Estate Housing Issues briefing, the State Auditor's entrance
meeting, Fire Ops 101, the Auburn Symphony Association fundraiser,
the Senior Center coffee hour, Auburn Relay for Life, and Petpalooza.
B. From the Mayor
Mayor Lewis announced today the City executed a Purchase and Sale
Agreement with Teutsch Partners LLC for the sale of two blocks of the
downtown catalyst area owned by the City.
IX. EXECUTIVE SESSION
At 9:21 p.m. and immediately following action on Resolution No. 4958,
Mayor Lewis recessed the meeting for a five minute intermission and then
to executive session to discuss pending/potential litigation pursuant to
RCW 42.30.110(1)(i) and closed session to discuss collective bargaining
issues pursuant to RCW 42.30.140 for approximately five minutes. City
Attorney Heid and Public Works Director Dowdy were required for the
executive session and Human Resources and Risk Management Director
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CA.A Page 49 of 107
Heineman was required for the closed session.
At 9:36 p.m. City Attorney Heid extended the executive session for an
additional two minutes.
At 9:38 p.m., Mayor Lewis reconvened the meeting.
City Attorney Heid read Ordinance No. 4957 by title.
Resolution No. 4957
A Resolution of the City Council of the City of Auburn, Washington,
approving the Collective Bargaining Agreement between the City of Auburn
and the Auburn Police Sergeants Association
Councilmember Peloza moved and Councilmember Osborne seconded to
adopt Resolution No. 4957.
The Resolution approves a Collective Bargaining Agreement with the
Police Sergeants Association for the years 2013-2015.
MOTION CARRIED UNANIMOUSLY. 7-0
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 10:08 p.m.
APPROVED this _____ day of June, 2013.
___________________________ _____________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
Page 13 of 13
CA.A Page 50 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
May 28, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claims vouchers as part of the Consent Agenda.
Background Summary:
Claims check numbers 422680 through 422965 in the amount of $1,762,282.22, and
dated June 3, 2013.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:June 3, 2013 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 51 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
May 29, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the payroll vouchers as part of the Consent Agenda.
Background Summary:
Claims check numbers 533821 through 533855 in the amount of $286,590.56 and
electronic deposit transmissions in the amount of $1,292,089.49 for a grand total of
$1,578,680.05 for the period covering May 9, 2013 to May 29, 2013 and dated June 3,
2013.
Reviewed by Council Committees:
Councilmember:Partridge Staff:Coleman
Meeting Date:June 3, 2013 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 52 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1120
Date:
May 29, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council grant permission to advertise for bids for
Project No. CP1120, Lea Hill Safe Routes to School Improvements.
Background Summary:
This project includes the design and construction of the following improvements:
1.Construction of bike lanes, sidewalks, curb and gutter and ADA accessible ramp
improvements to complete the remaining pedestrian gap on the south side of SE 312th St
starting at 124th Ave SE and extending approximately 600 feet east.
2.Installation of ADA pedestrian push buttons and audible countdown pedestrian signal
heads at the existing signalized intersection of SE 312th St and 124th Ave SE, including
upgraded ADA accessible ramps.
3.Construction of upgraded ADA accessible ramps on 116th Ave SE at the two marked
school crosswalks in front of Rainier Middle School and at the intersection of 116th Ave SE
and SE 304th St.
4.Bike lane striping, signage and pavement symbols on 116th Ave SE between SE 312th St
and SE 304th St.
A project increase of $12,413 within the 102 Arterial Street Fund (City) may be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in the 102 Arterial Street Fund will not be exceeded this year.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:June 3, 2013 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 53 of 107
H:\PROJ\CP1120-Lea Hill School Ped Imp\Budget\CP1120-BudgetStatusSheet.xls1 of 1
Project No: CP1120Project Title:
Project Manager: Kim Truong
Project Initiation
Initiation Date: __7/18/11___ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Carry Forward to 2013
Funding Prior Years 20112012 2013 Total
102 Fund - Federal Grant 77725,638372,085398,500
Total 077725,638372,085398,500
Activity Prior Years 20112012 2013 Total
Design Engineering - City Costs 77725,63834,83561,250
Design Engineering - Consultant Costs 1,5001,500
Construction Estimate 248,250248,250
BUDGET STATUS SHEET
Lea Hill Safe Routes to Schools Improvements
Date:5/28/13
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Construction Estimate 248,250 248,250
Project Contingency (5%)12,41312,413
Other - School District (Education)75,70075,700
Other - Police Dept. (Enforcement)1,8001,800
Construction Engineering - City Costs 10,00010,000
Total 077725,638384,498410,913
Prior Years 20112012 2013 Total
*102 Funds Budgeted ( )0(777)(25,638)(372,085)(398,500)
102 Funds Needed 077725,638384,498410,913
*102 Fund Project Contingency ( )00000
102 Funds Required 00012,41312,413
* ( # ) in the Budget Status Sections indicates Money the City has available.
102 Arterial Street Budget Status
CA.D Page 54 of 107
CA.D Page 55 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6464
Date:
May 29, 2013
Department:
Public Works
Attachments:
Ord 6464
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6464.
Background Summary:
Portions of S 277th St are currently within the jurisdictions of Auburn, Kent and King
County. This results in issues with coordination of maintenance responsibilities,
permitting requirements, and development review. Bringing the entire road right of way
into Auburns jurisdiction will improve the ability of the city to effectively manage the
facility.
Ordinance 6464 authorizes the transfer of the jurisdiction of King County’s portion of S
277th Street into Auburns jurisdiction. Staff is also preparing an ordinance for action later
this year to move the Kent portion of the S 277th St Right-of-way to Auburn’s jurisdiction.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Dowdy
Meeting Date:June 3, 2013 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 56 of 107
ORDINANCE NO. 6 4 6 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REVISING THE CORPORATE
BOUNDARY OF THE CITY TO REMOVE KING COUNTY'S
JURISDICTION OVER SOUTH 277TH STREET, PURSUANT
TO RCW 35A.21.210
WHEREAS, The City Council annexed property on its northern boundary
under Ordinance 2499 in November, 1970, which boundary was corrected in
December 1970 under Ordinance 2511; and,
WHEREAS, the annexation left portions of S. 277th Street within the
jurisdiction of King County; and,
WHEREAS, RCW 35A.21.210 provides a method for the City of Auburn
and King County to modify the City's boundary to remove King County's
jurisdiction of this portion of S. 277th Street and to convey that jurisdiction to the
City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The City of Auburn expresses its intent to include the full width
of S. 277th Street, plus any associated rights-of-way, within the boundaries of the
City of Auburn. A description of that portion of S. 277th Street that still remains
within the boundaries and jurisdiction of King County is attached and
incorporated as Exhibits A and B.
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.
Section 3. 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
Ordinance No. 6464
May 28, 2013
Page 1 of 2ORD.A Page 57 of 107
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP R
Daniel B. Heid, i y A ey
Published:
Ordinance No. 6464
May 28, 2013
Page 2 of 2ORD.A Page 58 of 107
EXHIBIT A
AUBURN WAY NORTH AND S. 277TH STREET DESCRIPTION
KING COUNTY JURISDICTIONAL AREA BEING ANNEXED TO THE CITY OF AUBURN)
THOSE PORTIONS OF THE R. H. BEATTY DONATION LAND CLAIMS, NUMBERS 37
AND 44, AND OF THE JOHN THOMAS DONATION LAND CLAIM NUMBER 42, ALL IN j
SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. AND SECTION 31,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C. NUMBER 37,
WHICH POINT IS ALSO THE NORTHEAST CORNER OF THE W. A. COX D.L.C.
NUMBER 38 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C. NUMBER 40;
THENCE NORTH 88°59'57"WEST ALONG THE SOUTH LINE OF SAID BEATTY
DONATION LAND CLAIMS NUMBERS 37 AND 44, THE NORTH LINE OF W. A. COX
D.L.C. NUMBERS 38 AND 43, AND ALONG THE NORTH LINE OF THE LANDS
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 2511 A
DISTANCE OF 2738.77 FEET TO A POINT SOUTHERLY OF HIGHWAY ENGINEER'S
STATION"276TH ST. W. 2+75", AS SHOWN ON THE MAP PREPARED BY THE STATE OF
WASHINGTON DEPARTMENT OF HIGHWAYS OF SR167(STATE ROAD NUMBER 5),
KENT BRIDGE APPROACHES, SHEET 2 OF 3, CONTRACT NUMBER 1824,
PRESENTLY REFERRED TO AS THE EAST VALLEY HIGHWAY, SAID POINT BEING ON
THE EASTERLY LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY
OF AUBURN ORDINANCE 4770, THE DESCRIPTION OF WHICH WAS AMENDED BY j
CITY OF AUBURN ORDINANCE 4789;
THENCE NORTH 01 000'03" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 55.59
FEET, MORE OR LESS, TO A POINT 30 FEET NORTH OF SAID HIGHWAY ENGINEER'S
STATION "276TH ST. W. 2+75, SAID POINT BEING THE NORTHEAST CORNER OF SAID
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 4770,
THE DESCRIPTION OF WHICH WAS AMENDED BY CITY OF AUBURN ORDINANCE
4789;
THENCE LEAVING SAID LANDS ANNEXED TO THE CITY OF AUBURN, NORTH
86 006'06" EAST A DISTANCE OF 175.64 FEET TO A POINT 45 FEET NORTH OF
HIGHWAY ENGINEER'S STATION"276THST. W. 1+00";
THENCE NORTH 84 048'19" EAST A DISTANCE OF 138.50 FEET, MORE OR LESS, TO
THE EASTERLY LINE OF THE EAST VALLEY HIGHWAY(AKA CENTRAL AVENUE
SOUTH), SAID POINT BEING AN ANGLE POINT IN THE SOUTHERLY LINE OF THE
LANDS DESCRIBED IN CORRECTION QUIT CLAIM DEED RECORDED UNDER
RECORDING NUMBER 20121231000964, RECORDS OF KING COUNTY,
WASHINGTON;
THENCE SOUTH 79 059'33" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF
186.21 FEET TO AN ANGLE POINT IN SAID LINE;
1
ORD.A Page 59 of 107
I
THENCE SOUTH 1°00'03"WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 6.89
FEET TO AN ANGLE POINT IN SAID LINE WHICH IS ON THE NORTH LINE OF THE
SOUTH 49.50 FEET OF SAID BEATTY DONATION LAND CLAIM;
THENCE SOUTH 88 059'57" EAST ALONG SAID NORTH LINE OF THE SOUTH 49.50
FEET OF SAID BEATTY DONATION LAND CLAIM, AND ALONG SAID SOUTHERLY LINE
OF SAID LANDS DESCRIBED IN CORRECTION QUIT CLAIM DEED A DISTANCE OF
2241.80 FEET TO THE EAST LINE OF SAID BEATTY DONATION LAND CLAIM;
THENCE SOUTH 00°34'56"WEST ALONG SAID EAST LINE A DISTANCE OF 49.50
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF 86TH AVENUE SOUTH LOCATED IN THE R. H.
BEATTY DONATION LAND CLAIM NUMBER 37 WITHIN SECTION 31, TOWNSHIP 22
NORTH, RANGE 5 EAST,W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS j
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE R.H. BEATTY D.L.C. NUMBER
37, WHICH POINT IS ALSO THE NORTHEAST CORNER OF THE W.A. COX D.L.C.
NUMBER 38 AND THE NORTHWEST CORNER OF THE G.E. KING D.L.C. NUMBER 40;
THENCE NORTH 00 034'56" EAST ALONG THE EAST LINE OF SAID BEATTY DONATION
LAND CLAIM A DISTANCE OF 49.50 FEET TO THE NORTH LINE OF THE SOUTH 49.50
FEET OF SAID BEATTY DONATION LAND CLAIM;
THENCE NORTH 88 059'57"WEST ALONG SAID NORTH LINE A DISTANCE OF 1430.33
FEET, MORE OR LESS, TO THE EAST RIGHT OF WAY LINE OF 86TH AVENUE SOUTH
AND THE POINT OF BEGINNING;
THENCE NORTH 13°31'01"WEST ALONG SAID EAST RIGHT OF WAY LINE A
DISTANCE OF 69.45 FEET;
THENCE NORTH 78 007'18"WEST A DISTANCE OF 66.42 FEET, MORE OR LESS, TO
THE WEST RIGHT OF WAY LINE OF 86TH AVENUE SOUTH;
THENCE SOUTH 13°31'01" EAST ALONG SAID WEST RIGHT OF WAY LINE A
DISTANCE OF 82.40 FEET TO THE NORTH LINE OF THE SOUTH 49.50 FEET OF SAID
BEATTY DONATION LAND CLAIM;
THENCE SOUTH 88 059'57" EAST ALONG LAST SAID NORTH LINE A DISTANCE OF
61.98 FEET TO THE POINT OF BEGINNING.
i
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS IDENTICAL WITH THE RIGHT
OF WAY"EXHIBIT A" FOR SOUTH 272"D/277TH STREET CORRIDOR, SOUTH CENTRAL j
AVENUE TO KENT-KANGLEY ROAD(SR-516), SHEET 1 OF 2, PREPARED BY THE CITY
OF KENT DATED 11-22-99, AND CORRECTION QUIT CLAIM DEED RECORDED UNDER
RECORDING NUMBER 20121231000964, RECORDS OF KING COUNTY,
WASHINGTON, BOTH OF WHICH IDENTIFY THE BEARING FOR THE SOUTH LINE OF
THE R. H. BEATTY DONATION LAND CLAIM AS SOUTH 88 059'57" EAST.
0:1SurveylProjectslC222a1Annexation\KC-AnnexDesc 20130409.doc Prelim version 04.09-2013
2
ORD.A Page 60 of 107
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THE BASIS OF BEARINGS FOR LINES SHOWN HEREON IS IDENTICAL WITH THE RIGHT OF WAY "EXHIBIT A" FOR SOUTH 272nd/277th STREET CORRIDOR,
SOUTH CENTRAL AVENUE TO KENT-KANGLEY ROAD (SR-516). SHEET 3 OF 2, PREPARED BY THE CITY OF KENT DATED 11-22-99, QUIT CLAIM DEED
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OF WHICH IDENTIFY THE BEARING FOR THE SOUTH LINE OF THE R.H. BEATTY DONATION LAND CLAIM AS SOUTH 81'59'57" EAST.
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ORD.A Page 61 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4936
Date:
May 15, 2013
Department:
Public Works
Attachments:
Res 4936
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4936.
Background Summary:
The purpose of this Resolution is for the City Council to set a time and date for a public
hearing to amend the 2014-2019 Transportation Improvement Program.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Dowdy
Meeting Date:June 3, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 62 of 107
RESOLUTION NO. 4 9 3 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING THE TIME AND DATE FOR
A PUBLIC HEARING BEFORE THE CITY COUNCIL ON THE
2014-2019 TRANSPORTATION IMPROVEMENT PROGRAM
WHEREAS, RCW 35.77.010 requires that the City of Auburn annually
prepare and adopt a comprehensive transportation improvement program for
each ensuing six calendar years to ensure that the City will have available
advance plans as a guide in carrying out a coordinated street construction
program; and
WHEREAS, RCW 35.77.010 requires the City Council to annually
conduct a public hearing to review the work accomplished under each six-year
Transportation Improvement Program, and to adopt a revised and extended
comprehensive transportation improvement program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. PURPOSE. The purpose of this Resolution is for the City
Council to set a time and date for a public hearing on the 2014-2019
Transportation Improvement Program, to review the work accomplished under
the program, and to identify capital transportation system improvement projects,
and relevant transportation studies.
Resolution No. 4936
May 20, 2013
Page 1 of 3
RES.A Page 63 of 107
Section 2. NOTICE OF HEARING. The Council hereby directs that a
notice specifying the time and place of the public hearing shall be published one
time in a newspaper of general circulation and the notice shall also be posted in
three public places. Such public notice shall precede the public hearing by at
least 10 days.
Section 3. DATE OF HEARING. Pursuant to the requirements of State
law, a public hearing on said 2014-2019 Transportation Improvement Program
will be held on the 17th day of June, 2013, at 7:30 p.m., or as soon thereafter
as reasonably possible, in the Council Chambers of the Auburn City Hall at 25
West Main Street in Auburn, Washington, before the City Council. All persons
interested in said 2014-2019 Transportation Improvement Program may attend
and testify at said hearing.
Section 4. AUTHORITY. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
Section 5. EFFECTIVE DATE. This resolution shall be in full force and
effect upon passage and signatures hereon.
Resolution No. 4936
May 20, 2013
Page 2 of 3
RES.A Page 64 of 107
DATED and SIGNED this day of June, 2013.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
JA a
Daniel B. Heid,
City Attorney
Resolution No. 4936
May 20, 2013
Page 3 of 3
RES.A Page 65 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4942
Date:
April 30, 2013
Department:
Innovation and Technology
Attachments:
Resolution 4942 and Agreement
Budget Impact:
Administrative Recommendation:
I & T recommends approval of this interlocal agreement with the City of Algona. The
interlocal includes three additional components; increase in monthly service costs, CPI-
Adjustments annually and a three year term. We feel our process for managing, and
supporting Algona is streamlined and this makes good business sense for both Cities'.
Background Summary:
City of Auburn has been providing I & T services to the City of Algona for approximately
2 years. The contract was originally written for a one year term, with an option to renew
twice. During that period, the cost of services has not increased. Service calls remain
steady, and a majority of the work is done remotely saving time making the services
affordable. The interlocal allows the City of Algona to partner with Auburn, utilizing
economies to achieve their similar business and operational needs. The City of Auburn
has numerous Interlocal Agreements for the shared use of services, and reimbursement
based on actual costs.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Tiedeman
Meeting Date:June 3, 2013 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 66 of 107
RESOLUTION NO. 4 9 4 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CITY OF ALGONA FOR
INFORMATION SERVICES TECHNOLOGY
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Algona has the need for professional information
technology services; and
WHEREAS, the City of Auburn is able and willing to provide those services, at a
cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are
hereby authorized to execute an Interlocal Agreement between the City of Auburn and
the City of Algona for Information Technology Services in substantial conformity with
the Agreement attached hereto as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Resolution No.4942
April 22, 2013
Page 1 of 2
RES.B Page 67 of 107
Dated and Signed this day of 2013.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP TO FO
Daniel B. Heid, City Attor y
Resolution No.4942
April 22, 2013
Page 2 of 2
RES.B Page 68 of 107
Exhibit A
CITY OF AUBURN—CITY OF ALGONA
INTERLOCAL AGREEMENT FOR
INFORMATION TECHNOLOGY SERVICES
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
2013, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as "Auburn"), and the CITY
OF ALGONA, a municipal corporation of the State of Washington (hereinafter referred to
as "Algona"),
WITNESSETH :
WHEREAS, Algona seeks professional information technology ("IT") services; and
WHEREAS, Auburn has the requisite skills, resources and experience necessary to
provide such services and is willing and agreeable to provide such services upon the
terms and conditions herein contained.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the parties hereto do hereby agree as follows:
1. SCOPE OF SERVICES
Auburn agrees to perform for Algona, in a good and professional manner the tasks
described on Exhibit B which is attached hereto and by this reference made a part of
this Agreement. (The tasks described on Exhibit B shall be individually referred to as a
task," and collectively referred to as the "services.") Auburn shall perform the services
as an independent contractor and shall not be deemed, by virtue of this Agreement and
the performance thereof, to have entered into any partnership, joint venture,
employment or other relationship with Algona. Auburn shall perform the services
described in Exhibit B which is attached hereto and by this reference made a part of
this Agreement.
2. AMENDMENT REQUIRED FOR ADDITIONAL SERVICES
In the event additional IT services are required by Algona beyond those specified in
Exhibit B and the compensation listed in this Agreement, and further provided that
Auburn has the time and resources to provide such additional services and is willing to
provide such services, a contract amendment shall be set forth in writing and shall be
executed by the respective parties prior to Auburn's performance of the additional IT
services, except as may be provided to the contrary in Section 3 of this Agreement. .
Upon proper completion and execution of an Amendment for additional services, such
INTERLOCAL AGREEMENT
April 16, 2013
Page 1 of 10
RES.B Page 69 of 107
Amendment shall be incorporated into this Agreement and shall have the same force
and effect as if the terms of such Amendment were a part of this Agreement as
originally executed. The performance of services pursuant to an Amendment shall be
subject to the terms and conditions of this Agreement except where the Amendment
provides to the contrary, in which case the terms and conditions of any such
Amendment shall control. In all other respects, any Amendment shall supplement and
be construed in accordance with the terms and conditions of this Agreement.
3. PERFORMANCE OF ADDITIONAL SERVICES PRIOR TO EXECUTION OF AN
AMENDMENT
The parties hereby agree that situations may arise in which IT services other than those
described on Exhibit A are desired by Algona and the time period for the completion of
such services makes the execution of Amendment impractical prior to the
commencement of Auburn's performance of the requested services. Auburn hereby
agrees that it shall perform such services upon the request of an authorized
representative of Algona at a rate of compensation to be mutually negotiated in
connection therewith. Any such additional IT services shall be memorialized in a written
amendment in accordance with Section 2 of this Agreement. The invoice procedure for
any such additional services shall be as described in Section 6 of this Agreement.
4. ALGONA'S RESPONSIBILITIES
Algona shall do the following in a timely manner so as not to delay the services of
Auburn:
a. Designate in writing a person to act as Algona's representative with
respect to the services described in Exhibit B. Algona's designee shall have
complete authority to transmit instructions, receive information, interpret and
define Algona's policies and decisions with respect to the services, except in the
event of an emergency as described in Exhibit B.
b. Furnish Auburn with all information, criteria, objectives, schedules and
standards for the services provided for herein.
C. Arrange for access to the property or facilities as required for Auburn to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches,
and other documents prepared by Auburn and render decisions regarding such
documents in a timely manner to prevent delay of the services.
5. ACCEPTABLE STANDARDS
Auburn shall be responsible to provide, in connection with the services
INTERLOCAL AGREEMENT
April 16, 2013
Page 2 of 10
RES.B Page 70 of 107
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to Algona.
6. COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attached hereto as Exhibit C and by this referenced made a part of this
Agreement. Monthly rate shall be increased to $525.00 per month based on
2012 help desk requests, not to exceed 125 help desk tickets annually. Annual
sum shall be increased January 1, 2014 with advance notice given to Algona,
and each January 1 thereafter, by an amount equal to 5% or the most recent
Seattle-Tacoma-Bremerton Consumer Price Index - U whichever is greater for
the term of this Agreement.
Auburn shall submit to Algona a monthly invoice and Algona shall process the
invoice or statement in the next billing/claim cycle following receipt of the invoice
or statement, and shall remit payment to Auburn thereafter in the normal course,
subject to any conditions or provisions in this Agreement or Amendment.
7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT
Auburn shall perform the services provided for herein in accordance with the
direction and scheduling provided in Exhibit B, unless otherwise agreed to in
writing by the parties. The term of this Agreement shall be in effect for three (3)
years beginning January 1, 2013 through December 31, 2016 and may be
extended thereafter by written agreement of the Parties not later than 60 days
prior to term end. It is provided, however, that either party may cancel this
Agreement upon sixty (60) days written notice to the other party consistent with
Paragraphs 11 and 12 of this Agreement.
8. OWNERSHIP AND USE OF DOCUMENTS
All documents, reports, memoranda, diagrams, sketches, plans, design
calculations, working drawings and any other materials created or otherwise
prepared by Auburn as part of its performance of this Agreement (the "Work
Products") shall be owned by and become the property of Algona, and may be
used by Algona for any purpose beneficial to Algona. Public records requests
shall be the responsibility of Algona; however, Auburn may assist at Algona's
request at hourly rates provided under Exhibit C for onsite support.
9. RECORDS INSPECTION AND AUDIT
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
INTERLOCAL AGREEMENT
April 16, 2013
Page 3 of 10
RES.B Page 71 of 107
shall be subject to inspection and audit by Algona for a period of up to three (3)
years from the final payment for work performed under this Agreement.
10. CONTINUATION OF PERFORMANCE
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, Auburn agrees that, notwithstanding such dispute or
conflict, Auburn shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and
responsibilities. Provided that, if Algona fails to pay for the services provided by
Auburn, Auburn can cease providing such services until payment is made.
11. ADMINISTRATION OF AGREEMENT
This Agreement shall be administered by Ron Tiedeman, Innovation and
Technology Director or designee on behalf of Auburn, and by Diana Quinn, City
Administrator or designee on behalf of Algona. Any written notices required by
the terms of this Agreement shall be served on or mailed to the following
addresses:
CITY OF AUBURN CITY OF ALGONA
Innovation & Technology City Administration
Ron Tiedeman Diana Quinn
25 W Main St 402 Warde St.
Auburn, WA 98001-4998 Algona, WA 98001
Phone: 253-288-3160 Phone: 253-833-2897
Fax: 253-804-3116 Fax: 253-939-3366
E-mail: rtiedeman @auburnwa.gov E-mail: dianaq @algonawa.gov
12. NOTICES
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
13. INSURANCE
Algona shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
INTERLOCAL AGREEMENT
April 16, 2013
Page 4 of 10
RES.B Page 72 of 107
1,000,000.00 per occurrence/aggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Algona's
membership in a municipal self-insurance pool, including evidence of limits of
coverage's, exclusions and limits of liability satisfactory to Auburn.
Auburn shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
1,000,000.00 per occurrence/aggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Auburn's
membership in a municipal self-insurance pool, including evidence of limits of
coverage's, exclusions and limits of liability satisfactory to Algona.
14. INDEMNIFICATION
a. Algona shall indemnify and hold Auburn and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Auburn arising out of, in
connection with, or incident to the execution of this Agreement and/or Algona's
performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent
negligence of Auburn, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Algona; and provided further, that nothing herein shall require Algona to hold
harmless or defend Auburn, its agents, employees and/or officers from any claims
arising from the sole negligence of Auburn, its agents, employees, and/or officers.
No liability shall attach to Auburn by reason of entering into this Agreement except
as expressly provided herein.
b. Auburn shall indemnify and hold Algona and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Algona arising out of, in
connection with, or incident to the execution of this Agreement and/or Auburn's
performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent
negligence of Algona, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Auburn; and provided further, that nothing herein shall require Auburn to hold
harmless or defend Algona, its agents, employees and/or officers from any claims
arising from the sole negligence of Algona, its agents, employees, and/or officers.
No liability shall attach to Algona by reason of entering into this Agreement except
as expressly provided herein.
INTERLOCAL AGREEMENT
April 16, 2013
Page 5 of 10
RES.B Page 73 of 107
15. WAIVER OF SUBROGATION
Algona and Auburn hereby mutually release each other from liability and waive all right of
recovery against each other for any loss caused by fire or other perils which can be
insured against under fire insurance contracts including any extended coverage
endorsements thereto which are customarily available from time to time in the State of
Washington, provided, that this paragraph shall be inapplicable to the extent that it would
have the effect of invalidating any insurance coverage of Algona or Auburn.
16. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
17. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
18. ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially
prevail in such action, the losing party shall, in addition to all other payments required
therein, pay all of the prevailing party's reasonable costs in connection with such action,
including such sums as the court or courts may adjudge reasonable as attorney's fees in
the trial court and in any appellate courts.
19. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree that
it will comply with pertinent statutes, Executive Orders and such rules as are promulgated
to assure that no person shall, on the grounds of race, creed, color, national origin, sex,
sexual orientation, age, or the presence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatment by reason thereof.
20. MISCELLANEOUS
a. All of the covenants, conditions and agreements in this Agreement shall
extend to and bind the legal successors and assigns of the parties hereto.
b. This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington. Jurisdiction and venue for any action
INTERLOCAL AGREEMENT
April 16, 2013
Page 6 of 10
RES.B Page 74 of 107
arising out of this Agreement shall be in King County, Washington.
C. The captions in this Agreement are for convenience only and do not in any
way limit or amplify the provisions of this Agreement.
d. Unless otherwise specifically provided herein, no separate legal entity is
created hereby, as each of the parties is contracting in its capacity as a municipal
corporation of the State of Washington. The identity of the parties hereto is as set
forth hereinabove.
e. The performances of the duties of the parties provided hereby shall be
done in accordance with standard operating procedures and customary practices
of the parties. Operational review and service meetings shall be held every six (6)
months, with representatives from both cities to review and discuss service and
support delivery.
f.No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
g. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable
by a final decision of any court having jurisdiction on the matter, the remainder of
this Agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall
not be affected thereby and shall continue in full force and effect, unless such
court determines that such invalidity or unenforceability materially interferes with or
defeats the purposes hereof, at which time either party shall have the right to
terminate the Agreement.
h. This Agreement constitutes the entire agreement between the parties.
There are no terms, obligations, covenants or conditions other than those
contained herein. No modifications or amendments of this Agreement shall be
valid or effective unless evidenced by an agreement in writing signed by both
parties.
i.Copies of this Agreement shall be filed with the King County Auditor's Office
and the respective Clerks of the parties hereto.
INTERLOCAL AGREEMENT
April 16, 2013
Page 7 of 10
RES.B Page 75 of 107
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF AUBURN CITY OF ALGONA
Peter B. Lewis Print Name:
Auburn Mayor Title:
Attest: Attest:
Print Name:
Danielle Daskam, Title:
Auburn City Clerk
rve as to Approved as to form:
Kiel B. Heid Print Name:
Auburn City Attorney Title:
INTERLOCAL AGREEMENT
April 16, 2013
Page 8 of 10
RES.B Page 76 of 107
EXHIBIT B
SCOPE OF SERVICES
Services Provided:
General network and desktop support
Operating system patch management
Virus protection software management
Technical recommendations
Requesting support:
All requests for service should be emailed to helpdesk(cD-auburnwa.gov. The request
will be forwarded to City of Auburn technical staff for resolution. Persons authorized to
request support on a non-emergency basis are City of Algona staff and designees.
Service levels:
For requests e-mailed Monday through Friday from 7:00 am to 5:00 pm, we will try to
respond within 30 minutes. During high call volumes, we will assist you as soon as
possible.
With authorization by Mayor, Police Chief or City Administrator, support outside regular
business hours will be provided on an emergency basis. If you need an immediate
response during off hours and have the appropriate authorization, please email
helpdesk(a)-auburnwa.gov with the name of authorizing person and nature of issue or
call 253-876-1947. Your issue will be forwarded to the on-call technician for resolution.
Service limitations:
City of Auburn will assist and provide recommendations on network security but
security remains the responsibility of City of Algona.
City of Auburn will assist and provide recommendations on hardware and
software purchases. All hardware and software purchases are the responsibility
of City of Algona.
Billing:
Monthly charges for service are based on 2012 help desk ticket totals currently 97, and
not to exceed 125 tickets annually. In the event annual tickets exceed 125 tickets, City
of Algona agrees to negotiate these additional services which may include mutually
agreed adjustments to monthly service charges. All service will be billed monthly
according to Attachment B. Services that are billed on an hourly basis will include a
brief description of the service and the department where the service was performed.
INTERLOCAL AGREEMENT
April 16, 2013
Page 9 of 10
RES.B Page 77 of 107
EXHIBIT C
COST OF SERVICES
Support:Function:. . ._.. ._Operating Hours r:.'. Billingrate Monthly cost
General Network and desktop M - F, 7 a.m. -5 p.m. $525.00/month $525.00
maintenance and support including excluding holidays effective June 1,
operating system patch management, 2013
virus system software management,
general troubleshooting and problem
resolution that can be via remote
access/phone.
Network and desktop repair and M - F, 7 a.m. - 5 p.m. $75.00/hour Per hour as
maintenance that require onsite support. excluding holidays required
All support responses by City of Auburn Non business hours $110.00/hour Per incident as
technical support staff.with one hour required
minimum
Note: COA technical support staff will not
respond without authorization from City of
Algona Mayor, Police Chief or City
Administrator.
Netmotion Client Software n/a Client billed at Per event
actual cost when
added to Algona
PC
Maintenance billed
at actual cost
when invoiced to
City of Auburn by
Netmotion
Virus Protection Software n/a Yearly Yearly
maintenance billed
per machine at
actual cost when
invoiced to City of
Auburn by
software vendor
INTERLOCAL AGREEMENT
April 16, 2013
Page 10 of 10
RES.B Page 78 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4954
Date:
May 13, 2013
Department:
Parks/Art and Recreation
Attachments:
Res 4954 and Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council approve Resolution 4954 accepting $17,000 grant funding from 4Culture.
Background Summary:
The office of the Cultural Development Authority of King County, doing business as
4Culture, awarded a grant to the City of Auburn in the amount of $17,000 per annum for
the 2013 cycle as part of its Local Arts Agency Sustained Support Program. Funds for
this program are provided through King County’s Hotel/Motel Tax funding initiative. Grant
cycles are a bi-annual competitive process. Funding is allocated annually.
The money supports City arts programming as well as community organizations that
present art programs and/or activities serving the citizens of Auburn. All funded
programs are required to acknowledge support from the City of Auburn and the 4Culture
Hotel/Motel Tax fund in printed materials and their websites.
Reviewed by Council Committees:
Finance, Planning And Community Development
Councilmember:Backus Staff:Faber
Meeting Date:June 3, 2013 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 79 of 107
RESOLUTION NO. 4 9 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT
FROM THE CULTURAL DEVELOPMENT AUTHORITY OF KING
COUNTY ("4CULTURE") AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE NECESSARY CONTRACTS TO ACCEPT
SAID FUNDS
WHEREAS, the City of Auburn Arts Commission, on behalf of the City of Auburn,
submitted an application to the Cultural Development Authority of King County
4CULTURE) for a Cultural Facilities Program Grant; and
WHEREAS, the City has been advised that it has been approved to receive a
grant from said program in the amount of Seventeen Thousand and No/100s Dollars
17,000.00); 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 Contract. The City
Council hereby accepts the Sustained Support Program Grant from 4CULTURE, in the
amount of Seventeen Thousand and No/100s Dollars ($17,000.00), and authorizes the
Mayor and City Clerk to execute the Contract with 4CULTURE in substantial conformity
with the Contract marked as Exhibit "A" attached hereto and incorporated herein by this
reference.
Section 2. Implementation. The Mayor is further authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
Resolution No. 4954
May 29, 2013
Page 1RES.C Page 80 of 107
legislation, including assuring that the grant fund appropriation is included in the
appropriate budget documents of the City.
Section 3. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
SIGNED and DATED this day of 2013.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPRO TO FORM:
Da el B. Heid, City A orney
Resolution No. 4954
May 29, 2013
Page 2RES.C Page 81 of 107
Agreement No. 113260A
Contractor's Federal Taxpayer ID No. (last 4 digits)
Contractor City of Auburn
Project Title: 2013 Programs
Contract Amount: $17,000.00 Fund Source: CP—Arts Sustained Support
Contract Period From: 01/01/2013 To: 12/31/2013
AGENCY SERVICES CONTRACT 2013
THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY
4Culture") whose address is 101 Prefontaine Place South, Seattle,WA 98104-2672 and telephone
number is (206)296-7580 and City of Auburn (the"Contractor"), whose address is 910 Ninth-Street SE,
Auburn, WA 98002-6200 and telephone number is (253) 804-5043. Contractor is an art, cultural or
historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48
and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors
approved providing funds for this project by Motion No. 2013-13.
4Culture desires to provide funds with which the Contractor shall render certain services to King County
citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts,
and/or the performing arts and are consistant with those defined in RCW 67.28.180 ("Public Benefit
Services").
4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et sec. RCW
35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority
shall be satisfied exclusively from the assets and properties of such public corporation, commission or
authority and no creditor or other person shall have any right of action against the city, town, or county
creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of
such public corporation, commission, or authority."
The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse
Project costs in consideration of services provided hereunder constitutes a public purpose with the
meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly
be expended or advanced.
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to
be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
AG SVC 2013 Page 1 of 7
RES.C Page 82 of 107
B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as
detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract.
C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto
as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the
Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment
after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more
than 60 days after the appropriate invoice is received.
D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date
this Agreement terminates. If the Agency's final invoice and reports are not submitted by the day specified
in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set
forth in said invoice or any subsequent invoice
E. Accompanying the final invoice for the project, the Contractor shall also submit:
1. A project evaluation report upon the form provided by 4Culture.
2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied
by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs.
Photos shall have credits, caption information, and permission to publish.
F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any
manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until
4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in
addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other
rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in
equity.
IV. TERMINATION OF AGREEMENT
A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or
stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining
allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor
describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines
that Contractor has, within twenty (20)days of the date of such notice, fully corrected such default or
violation.
V. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by 4Culture to ensure
proper accounting for all contract funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided
in the performance of this Agreement.
B. These records shall be maintained for a period of six (6) years after termination of this
Agreement unless a longer retention period is required by law.
AG SVC 2013 Page 3 of 7
RES.C Page 83 of 107
B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify,
and save harmless 4Culture its officers, employees, and agents from any and all costs, claims,judgments,
and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the
Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole
negligence. If this Agreement is a"a covenant, promise, agreement or understanding in, or in connection
with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or
other structure, project, development, or improvement attached to real estate"within the meaning of RCW
4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers,
employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents'
negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event
4Culture incurs any judgment, award and/or cost arising there from including attorneys'fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor.
Claims shall include, but are not limited to, assertions that the use or transfer of any software, book,
document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes
an infringement of any copyright.
X. INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of this Agreement insurance as
described on the Exhibit labeled as Insurance Requirements attached here to.
XI. CONFLICT OF INTEREST
Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by
reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said
Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material
breach of contract.
In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of
4Culture who exercises any functions or responsibilities in connection with the planning and
implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial
interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants
neither it nor any other person beneficially interested in this Agreement has offered to give or given any
such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in
connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with
this provision.
AG SVC 2013 Page 5 of 7
RES.C Page 84 of 107
pSURVIVAL
The terms and conditions of Sections III, V,VI, VII,VIII, IX, XI, XII, XIII,XIV and XV shall survive the
termination of this Agreement and shall be continuing obligations of the parties.
4CULTURE: CONTRACTOR:
4Culture-CDA Executive Director Signature
Date Name (Please type or print)
i
Title(Please type or print)
Date
I
I
s
i
f
7
Y
Page 7 of 7 a
RES.C Page 85 of 107
Exhibit A
SCOPE OF SERVICE
City of Auburn and 4Culture, the Cultural Development Authority of King County, mutually agree that the
following services be provided in accordance with the application and contract work sheet submitted to and
approved by the 4Culture Board of Directors.
Support for 2013 Programs,including project support through re-granting (Auburn International Farmers
Market , Performances/artists participate on selected Market days- $2,000;White River Valley Museum
Small Works,Big Presents:The Gift of Art - $2,000;Auburn Symphony Orchestra Sunset Chamber Series at
the Mary Olson Farm-$2,000;Auburn Art Walk printed materials and signage- $1,000; Uniquely Auburn,
Community Event and talent show culminating in a free dinner - $2,000; Striped Water Poets,Monthly
Poetry at the Station Bistro" - $1,000; Northwest Renaissance Poets,April Poetry Workshop and Reading-
900); additional funding goes to support the and the BRAVO performing arts season at the Auburn Avenue
Theater and Performing Arts Center (Sept— Dec). Events are open and publicized to the community.
AMOUNT $17,000.00
For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation
regarding:
Final budget, actual
Completion of evaluation form
Final report of program activities
Programs, brochures, flyers if available
PUBLIC BENEFIT
Programs are accessible to a broad range of King County residents. Programs are accessible to a broad
range of King County residents. With the exception of ticketed presentations as part of the BRAVO
Performing Arts Season all the programs listed above are free-admission to patrons. Accessibility and
public benefit is the paramount purpose and goal of all our municipally sponsored programs.
PUBLICITY/PROMOTION POLICY
Prominent acknowledgment of 4Culture/ King County Lodging Tax Fund is required of all recipients for use
in all publicity and promotional materials, including, but not limited to brochures,websites, press releases,
programs, posters,public service announcements, flyers and advertisements. Please contact your 4Culture
contract administrator or go to www.4culture.org to download the appropriate logo credit.
Final payment will not be made until acknowledgment is submitted on printed material
RES.C Page 86 of 107
EXHIBIT B
City of Auburn Arts Commission
Mailing Address Website
910 Ninth St SE www.auburnwa.aov/arts
Auburn.
Washington Email
98002-6200 artsCa)auburnwa.aov
Shipping Address King County Council District #
910 Ninth St SE 7
Auburn
Washington WA State Legislative District #
98002-6200 31, 47
Phone Date Incorporated
253) 804-5043 09/09/1984
Fax Federal Tax ID
253)931-4005 916001228
WA State UBI#
171-000-010
Revenue last fiscal year
343,110
Revenue 2nd to last fiscal year
309,650
Organization Director
Director, Auburn Parks, Arts & Recreation, Mr. Daryl Faber
Director Email
dfaber @auburnwa.gov
Director Phone
253) 931-3043
Organization Description
City of Auburn Arts Commission is a local government agency founded by ordinance, comprised of an
appointed (by Mayor and Council) 12-member advisory board whose purpose is to advise staff in order
to offer quality arts programs and services for the citizens of Auburn.
Mission
The City of Auburn Arts Commission's purpose is to serve the citizens of Auburn by fostering cultural
growth and enrichment, sponsoring programs representative of the entire arts spectrum and providing
programs that are reflective of the growing diversity of the population of the City of Auburn.
Contact Person
Arts Coordinator, Maija McKnight
Contact Phone
253) 804-5043
Contact Email
mmcknight @auburnwa.gov
flle:///Rl/...ty%20of%20Aubum%20Arts%20Commission/City%20of%20Auburn%20Arts%20Commission_0001_fieidData.htmi[3/20/2013 3:58:33 PM]
RES.C Page 87 of 107
appointed (by Mayor and Council) 12-member advisory board whose purpose is to advise staff in order
to offer quality arts programs and services for the citizens of Auburn.
The City of Auburn Arts Commission staff is within the Parks, Arts and Recreation Division of the City of
Auburn. The staff consists of an Arts and Events Manager, Arts Coordinator, Theater Operations
Specialist, and a part-time Arts and Events Assistant.
b) Arts staff has very strong collaborative ties with various departments specific examples include
Planning, Community Services, and Parks Maintenance.
For example:
Planning and Arts staff successfully partnered for the implementation of Storefronts Auburn as well as
the upcoming Outdoor Sculpture Gallery through sharing of funding/grant resources and task division
Community Services is an important partner through the communication of arts opportunities to the
various neighborhoods and community meetings, as well as the Community Based Services Grant
availability that has allowed for the creation of 7 mural projects over the past 3 years.
Parks Maintenance staff have been proponents and advocates of art within the infrastructure of the
parks. Assisting with all aspects of the public artwork that is sited, but also initiating new=programs such
as "poetry in sidewalks" (etching the poetry written by our new Poet Laureate in concrete areas that are
being fixed/replaced throughout the Park system)
We very much pride ourselves on working-collaboratively, and these are just three examples.
c) The Auburn Arts Commission fosters the development of art, local artists, and local arts organizations
by a combination of funding support and programming that brings similar interest groups together with
mentorship and learning.
In 2012 we were able to re-grant $12,000 of 4Culture Sustained Support to local arts groups and
initiatives. (Auburn Good OI' Days $2100, Auburn Student Art Display/Auburn School District $800,
Uniquely Auburn $2000, Auburn International Farmers Market $1500, White River Valley Museum's Small
Works, Big Presents Exhibition $2000, Auburn Art Walk $2000, Northwest Renaissance poetry workshop
600, Empty Bowls $1000). Also funded but outside of the re-grant process is Opera In Schools $2200
and Auburn Symphony Orchestra.
Bringing artists together through programming and events allows for a synergy and supports and
builds an artistic community. Auburn Community Players is a City program that was formed after the
local non-profit Auburn Regional Theater ended operations. The twice yearly production brings
approximately 30 local actors together to present live theater,as well as a environment of mentorship.
The gallery program has served as an entry point for many beginning artists that benefit from the
learning experience of how to work with a "gallery" as well as meet local artists as part of a public
reception.
Future
a)What plans does your agency have for advancing Its mission?
b)What are the challenges?
c)If Sustained support funding were reduced or eliminated, how would your activities be Impacted?
We suggest you use about 256 words.
a) The Mission of the City of Auburn Arts Division is to serve the citizens of Auburn by fostering cultural
growth and enrichment, sponsoring programs representative of the entire arts spectrum and providing
programs that are reflective of the growing diversity of the population of the City of Auburn.
Continuation of the wide variety of arts programming and opportunities takes center stage for planning
into the future. Immediate future plans for new programming run parallel to many of the downtown
initiatives and economic development efforts. We have started conversations regarding code revision
allowing live-work spaces and strengthening guidelines and resources for integrating art into private
development. An example of cross departmental (economic development/facilities/arts) partnership
resulted in the City recently leasing a City-owned space to the Auburn Valley Creative Arts Cooperative
file:///Ri/...ty%20of%20Auburn%20Arts%20Commission/City%20of%20Auburn%20Arts%20Commission_0001 fieldData.html[3/20/2013 3:58:33 PM]
RES.C Page 88 of 107
CITY OF
WASHINGTON
2012 City of Auburn — Arts Staff
Daryl Faber, Parks, Arts and Recreation Director
Julie Brewer, Arts and Event Manager
30% of time dedicated to arts programming
Maija McKnight, Arts Coordinator
100% of time dedicated to arts programming
Jim Kleinbeck, Theater Operations Specialist
100% of time dedicated to arts programming
Ashley Schalow, Arts and Events Assistant
20 hours a week
RES.C Page 89 of 107
I
CITY Of
AJ;. 0 .
WASHINGTON
2012 Auburn Arts Commission
Annual Arts Programming
ACTIVITY EST,ATTENDANCE
Visual Art 1,000
Gallery(City Hall—monthly rotation &Senior Center—2 month rotation)
Student Art Display with Auburn School District
Small Works, Big Presents Exhibition with White River Valley Museum
Juried Art Show(Summer)
BRAVO Performing Arts Series 2012-13(including performances at 18,000
Auburn Avenue Theater&Auburn Performing Arts Center)
PAC performances(5 shows)
Comedy at the Ave(8 shows)
Ave Kids Shows(10 shows)and Youth Theater Camp(6 shows)
Live at the Ave(18 shows)
Auburn Community Players Community Theater(12 shows)
Film Series 20 screenings)
Public Art Projects: (5 projects)—Community Center, Lea Hill Park,
Centennial Park(replace stolen artwork),Outdoor Sculpture Gallery,
Storefronts Auburn
Event:ArtRageous Festival 2,000
Kids SummerStage(5 shows) 1,800
Summer Sounds and Cinema(3 events) 2,000
Mural Projects:Clean Sweep; R Street Bridge 200
Support of Community Art Events: 10,000
Auburn Symphony Orchestra
White River Valley Museum—Small Works,Big Presents
Uniquely Auburn
Auburn Good OI' Days
Great Western Community Concerts
Auburn International Farmers Market—Public Performances
Seattle Opera—Opera in Schools
Empty Bowls
Northwest Renaissance
Auburn Art Walk
Auburn Valley Creative Arts(Cooperative)
Communit Events at Auburn Avenue Theater
I
RES.C Page 90 of 107
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure,at its sole cost and expense, insurance against claims for injuries to persons or damages to
property which may arise from,or in connection with the performance of work hereunder by the Contractor, his agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or
subcontractors.
For All Coverages: Each insurance policy shall be written on an "Occurrence"form.
1. Minimum Scope of Insurance needed for this contract is as follows:
Commercial General Insurance Services Office form number(CG 00 01 Ed. 11-88)--Minimum
Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate
per project
Automobile Liability Covering all owned and non-owned and hired automobiles—Combined
Single Limit of$1,000,000 BI & PD
2. Deductibles and Self Insured Retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or
self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility
of the Contractor.
3. Other Insurance Provisions
A. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability Policies
1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as
respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement.
2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary
insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by
4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in
any way.
3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or
lawsuit is brought, except with respect to the limits of the insurer's liability.
b) All Policies
1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as
reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or
nonrenewal of any policy required by this contract shall occur without thirty(30)days' prior written notice to 4Culture.
4. Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no
less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII.
5. Verification of Coverage
4Culture, reserves the right to request that contractor submit the certificate(s)of insurance evidencing compliance
with all requirements set forth above.
RES.C Page 91 of 107
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4956
Date:
May 14, 2013
Department:
Human Resources
Attachments:
Res 4956
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4956.
Background Summary:
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Heineman
Meeting Date:June 3, 2013 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 92 of 107
RESOLUTION NO. 4 9 5 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND CAYCE & GROVE
FOR PUBLIC DEFENSE SERVICES
WHEREAS, the State legislature finds that effective legal representation should
be provided for indigent persons consistent with the constitutional requirements of
fairness, equal protection and due process in all cases where right to counsel attaches;
and
WHEREAS, the King County District Court presides over cases involving indigent
persons and the City of Auburn provides Public Defense Services;
WHEREAS, the City of Auburn desires to contract its Public Defense Services;
and
WHEREAS, it is fiscally responsible for the City of Auburn to periodically "shop"
for quality defense services with the best return in its investment; and
WHEREAS, the City of Auburn published a Request for Proposal for the purpose
of reviewing bids that provide quality public defense services; and
WHEREAS, the City of Auburn has reviewed each proposal submitted in
accordance with the Request for Proposal; and
WHEREAS, the City of Auburn finds the bid from Cayce & Grove best meets the
requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4956
May 29, 2013
Page 1 of 2RES.D Page 93 of 107
Section 1. That the Mayor and City Clerk are hereby authorized to execute the
Public Defense Services Contract between the City of Auburn and Cayce & Grove
which agreement shall be in substantial conformity with the agreement attached hereto
as Public Defense Services Contract and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2013.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED TO FORM:
Daniel B. Hei , City Attorney
Resolution No. 4956
May 29, 2013
Page 2 of 2RES.D Page 94 of 107
PUBLIC DEFENSE SERVICES CONTRACT
CITY OF AUBURN, WASHINGTON
July 1, 2013 — December 31, 2014
THIS AGREEMENT made and entered into by the City of Auburn; hereinafter
referred to as "CITY," and The Law Offices of Cayce & Grove, hereinafter referred to as
PUBLIC DEFENDER," do hereby agree to the following terms and conditions:
I.APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES:
A. General.
1. The CITY shall make public defense services available to all persons who so
qualify after application to and approval of the Court or an independent public defense
screen or are in custody and directly appointed by the Court. The PUBLIC DEFENDER
will provide legal representation for each of these defendants from the time of court
appointment or screening through trial, sentencing, post conviction review, and any
appeals to Superior court or Washington appellate courts. The PUBLIC DEFENDER, or
subcontractor of the PUBLIC DEFENDER, will provide defense services at daily in-
custody bail hearings, will attend the arraignment calendar, and will be available, in
person, to talk to and meet indigent defendants at the Auburn Detention Center, South
Corrections Entity (SCORE), or other alternative locations. The PUBLIC DEFENDER
will also provide representation for the Mental Health Court calendar and Community
calendar should one be established during the term of the contract. If a mental health
court or community calendar is established, the parties agree to reopen the
compensation section of this Agreement.
2. The CITY shall be responsible for screening. Upon appointment, the screener
shall immediately deliver to the PUBLIC DEFENDER the screener's document on each
case that is assigned. The screener shall be responsible for delivering a letter of
introduction, which has been provided by the PUBLIC DEFENDER, to every defendant
who qualifies for and is appointed to be represented by the PUBLIC DEFENDER. The
screener shall provide notice of appointment to the PUBLIC DEFENDER, the
prosecutor, and the court.
B. Reporting Procedures.
1. The PUBLIC DEFENDER shall file monthly reports with the CITY indicating
the following: (1) the first, middle and last name of each defendant who has been
appointed and a Notice of Appearance was filed; (2) criminal cause number(s) for the
defendant; (3) date of appointment; (4) whether the defendant was appointed by the
Court or by the screener; and (3) if the case was "conflicted" at any time during the
process.
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July 1,2013—December 31,2014
Date 5.14.13
Page 1 of 13RES.D Page 95 of 107
2. The PUBLIC DEFENDER shall also provide a monthly report to the CITY
showing all cases in which the defendant has been sentenced or acquitted.
3. The PUBLIC DEFENDER shall also include in its monthly reports the case
count information required by Section 16 of this Agreement.
All reports are due to the CITY on the 4th day of the month following the
appointment and filing of the Notice of Appearance or case disposition.
II. RESPONSIBILITIES OF PUBLIC DEFENDER
A. The PUBLIC DEFENDER shall be responsible to provide competent professional
legal services to the defendants represented. The PUBLIC DEFENDER shall employ
and/or associate a sufficient number of attorneys and staff to provide such services.
The CITY shall incur no extra cost for the employed and/or associated attorneys and
staff. The PUBLIC DEFENDER and each attorney so employed and/or associated shall
be an active member in good standing of the Washington State Bar Association. Any
attorney employed and/or associated by the PUBLIC DEFENDER who does not have at
least three (3) years of experience shall practice under the direct supervision of any
attorney who does have three (3) years experience. Such experience shall include at
least one-third emphasis on criminal defense.
B. Legal interns involved in the representation of defendants in Court must have all
of their work reviewed and/or countersigned by a supervising attorney. No legal intern
shall have sole responsibility for administering and representing any of the defendants
appointed and represented pursuant to the contract herein.
C. Caseloads of the PUBLIC DEFENDER and any individual attorneys employed
and/or associated therewith should be limited to that level of assignments which allows
an attorney to give each defendant's case sufficient time and effort to ensure effective
representation. On June 15, 2012, the Washington Supreme Court issued Order No.
25700-A-1004 ("Order"), adopting new standards for indigent defense, and certification
of compliance. Section 3.1 of the Order requires that the CITY establish the maximum
number of cases that each attorney will be expected to handle. The Order does not
impose a specific or recommended case limit until January 2015. At that time, the Order
suggests a guideline of four hundred (400) cases per attorney (if the CITY does not use
a weighted case counting system). In order to determine a maximum number of cases,
the CITY, in coordination with the PUBLIC DEFENDER, have reviewed the 2012 public
defense caseload to date. Based on that review, the CITY has determined that the
following factor warrants an upward deviation from the proposed maximum unweighted
case limit guideline:
The experience level of the staff at the PUBLIC DEFENDER'S office shows that each
attorney has over (ten) 10 years of criminal defense experience. This allows them to
more efficiently analyze charges, which in turn allows them to provide effective advice to
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 2 of 13RES.D Page 96 of 107
their clients. As a result, the experienced attorneys are capable of handling more cases
while still providing effective representation.
III. SERVICES PROVIDED BY THE PUBLIC DEFENDER
1. The PUBLIC DEFENDER shall represent each defendant from the date of
appointment (or at in-custody hearings as the case may be), through sentencing and
the first appeal of right pursuant to the Rules for Appeal of Decisions of Courts of
Limited Jurisdiction (RALJ) rules. The PUBLIC DEFENDER or the CITY may request
rescreening of a defendant whose case is on appeal. Appeals shall not be considered
new case assignments. In addition, the PUBLIC DEFENDER shall be present at
arraignment hearings on stand-by should a defendant request legal advice.
2. Case defined. A case is defined as the filing of a document with the Court
naming a person as defendant or respondent, to which an attorney is appointed in order
to provide representation. In Courts of limited jurisdiction, multiple citations from the
same incident can be counted as one (1) case provided that a case shall not exceed
four (4) criminal counts on a maximum of two (2) criminal citations arising out of the
same general course of conduct over a short period of time. Example: a single person
charged with three (3) different Driving While License Suspended charges would be
counted as three (3) separate cases because the incidents necessarily took place at
separate times. However, a single individual charged with Reckless Driving, DUI, Hit
and Run (Attended), and Driving While License Suspended arising out of one incident
on two citations), would count as one (1) case.
3. Case Count. A case is counted where: (a) Pretrial: Each pretrial case is
counted only once irrespective of any subsequent reappointments pursuant to a failure
to appear (FTA). They will be counted at the time of first appointment. Cases
subsequently conflicted, or where a private attorney is hired, will be noted on the next
monthly report, but is not counted as a PUBLIC DEFENDER case; (2) Post trial
convictions: Case where a defendant was previously represented by the PUBLIC
DEFENDER and was previously counted when they were in pretrial status will not be
counted unless they FTA at a post conviction hearing. Post conviction cases where
defendants FTA and are subsequently re-appointed to the PUBLIC DEFENDER will be
counted again; however, this shall occur only once. No matter how many times a
defendant FTA and the PUBLIC DEFENDER is reappointed when the case is in the
post-conviction status, the case will be recounted only once.
In the future, the PUBLIC DEFENDER agrees to complete representation for any
defendant for which a Notice of Appearance has been filed, even if Court proceedings
continue beyond the date when a successor PUBLIC DEFENDER becomes responsible
for public defense services. This does not include post conviction reviews.
4. The PUBLIC DEFENDER may associate or employ additional or different
attorneys to represent defendants at no extra cost to the CITY. Any counsel associated
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 3 of 13RES.D Page 97 of 107
with or employed by the PUBLIC DEFENDER shall have the authority to perform the
services called for herein. All associated counsel hired pursuant to this section shall be
admitted to practice pursuant to the rules of the Supreme Court of the State of
Washington. Sufficient counsel shall be provided to represent defendants during
vacation, illnesses, and settings in more than one (1) courtroom. No legal interns shall
be used unless agreed to by the CITY in advance. No attorney shall handle more than
six hundred (600) public defense cases annually during the term of this Agreement,
unless the Washington State Supreme Court establishes different case limits under the
Order. If new limits are established by Court Rule or statute, the parties agree to re-
open this provision in order to establish the appropriate case limit, and to negotiate
whether additional compensation is appropriate. This limit applies to each individual
attorney for all Courts in which the attorney practices.
The PUBLIC DEFENDER agrees to pay each subconsultant under this
Agreement for satisfactory performance of its contract no later than forty-five (45) days
from the receipt of each payment the consultant receives from the CITY. Any delay or
postponement of payment from the above referenced time frame may occur only for
good cause following written approval of the CITY.
5. Conflict Cases. Both parties agree that cases will be conflicted only when a
recognized conflict occurs (not a potential conflict). Upon discovery of an actual conflict
with the representation of a specific defendant by the PUBLIC DEFENDER (as defined
in the Rules of Professional Conduct), the PUBLIC DEFENDER shall immediately
inform the CITY, the Court, and the defendant in writing of the conflict by issuing a
Notice of Intent to Withdraw. Only a partner in the PUBLIC DEFENDER'S firm will be
permitted to make the final decision regarding whether a conflict actually exists. The
PUBLIC DEFENDER will assist the City with a list of qualified law firms with which the
CITY can contract for conflict public defense services.
6. Upon receiving notice of a conflict of interest and agreeing thereto, it will be
the CITY'S financial responsibility to pay alternative counsel to represent the defendant.
The Court will rotate, in order, "conflicted" cases to each firm. However, if the CITY
contests the Notice of Intent to Withdraw, then the CITY shall immediately file a note for
motion regarding the propriety of the withdrawal and request that the Court notify the
defendant and the PUBLIC DEFENDER of the date, time, and nature of the hearing. All
parties shall be bound by the Court's ruling or any appeal therefrom.
7. Office appointments for the defendants appointed to the PUBLIC DEFENDER
should be made available at least during regular business hours of 8:00 a.m. until 5:00
p.m., Monday through Friday. Appointments shall be available at the courthouse for
defendants who are otherwise unable to obtain transportation to the PUBLIC
DEFENDER'S office. Local non-service-charge phone service throughout the
municipality shall be available as well as toll free and collect phone service from the
CITY jail and the King County jails.
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 4 of 13RES.D Page 98 of 107
8. The PUBLIC DEFENDER will make every effort to coordinate cases with
CITY prosecutors at least once per week, in advance of upcoming court dates.
9. The PUBLIC DEFENDER will be available for all calendars pursuant to the
will of the Court. Public Defense requirements would generally appear as follows. Jail
is defined as the SCORE facility or Auburn Detention facility. Staffing of SCORE
requirements must ensure no calendar down time.
10.The PUBLIC DEFENDER shall provide to the City of Auburn Police
Department and Auburn Detention Center the telephone number or numbers at which
the PUBLIC DEFENDER can be reached twenty-four (24) hours each day for critical
stage advice to defendants during the course of police investigations and/or arrests, as
required by statute, case law, and applicable court rule in municipal misdemeanor
cases.
11.The PUBLIC DEFENDER shall provide to the screener for dissemination to
every represented defendant a letter in plain, simple, and concise language outlining the
defendant's responsibilities with regard to the attorney-client relationship.
12.The PUBLIC DEFENDER shall institute and maintain a procedure to review
the defendants' complaints. Complaints, which are not immediately resolved by the
PUBLIC DEFENDER, shall be referred to the Washington State Bar Association and/or
the Court.
13.Assignment or Subcontractors: No assignment or transfer of the Contract or
of any interest in the Contract shall be made by the PUBLIC DEFENDER without the
prior written consent of the CITY.
14.All documents, reports, memoranda, plans, and/or any other materials
created or otherwise prepared by the contractor as part of his performance of this
Agreement (the "Work Products") that are not subject to attorney-client or attorney work
product privilege shall be owned by and become the property of the CITY, and may be
used by the CITY for any purpose beneficial to the CITY. The consultant may retain
copies of any documents, reports, etc., it authors.
15. If a Conflict Public Defender has been appointed as conflict counsel in a
case, the PUBLIC DEFENDER shall coordinate with Conflict Public Defender to file a
Notice of Withdrawal and Substitution with the Court, and shall serve a copy on the City
Attorney. If the case is a RALJ appeal, the notice shall be filed in the Superior Court,
with a copy to the Municipal Court and the City Attorney.
16.Caseload Monitoring.
a. The purpose of this Section is to provide data to support the CITY'S
possible adoption of a case weighting system, and to establish caseload limits. Using
the case weighting system attached hereto, marked as (Appendix A), the PUBLIC
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July 1,2013—December 31,2014
Date 5.14.13
Page 5 of 13RES.D Page 99 of 107
DEFENDER shall track assigned cases. Every month, the PUBLIC DEFENDER shall
provide a report that shows the total number of cases assigned, broken down by the
types of cases. The PUBLIC DEFENDER will meet with the CITY at least once per
quarter to review the report, and discuss whether the weighting system accurately
reflects the amount of work performed by the PUBLIC DEFENDER.
b. Factors to consider. In evaluating the proposed weighting system, the
PUBLIC DEFENDER shall consider (and shall include in each report), the effect of the
criteria in Section 3.3 of the ORDER. The PUBLIC DEFENDER shall recommend
adjustments to caseloads based on the experience of the attorneys, and shall provide
justification for those adjustments. The PUBLIC DEFENDER shall recommend
adjustments to the case weighting system based on the effect of Stipulated Orders of
Continuance, deferred prosecution, or other alternative dispositions. The PUBLIC
DEFENDER shall also recommend adjustments based on dispositions such as
diversions, or reductions to infractions, or other alternative dispositions that do not
include a plea of guilty (as provided for in Section 3.6(B)(v) of the ORDER).
IV. COMPENSATION
Compensation to the PUBLIC DEFENDER for public defense services beginning
July 1, 2013 through December 31, 2014 shall be paid at the rate of Thirty Three
Thousand Seven Hundred Fifty Dollars ($33,750.00) per month. The City will also pay
a one time transition expense of Ten Thousand Dollars ($10,000.00), within ten (10)
days of execution of this Agreement. In addition, the CITY will pay for transcription
costs required for the appeal, regardless of which party files the appeal.
All videotapes, CDs, audiotapes, video disks, photocopies, color copies of images,
or other media associated with discovery shall be provided by the CITY at no cost to the
PUBLIC DEFENDER.
The PUBLIC DEFENDER will submit an invoice no later than the 4th day of each
month. Pursuant to regular CITY policy regarding payment for services rendered, the
CITY shall make payment to the PUBLIC DEFENDER on the first day following the first
CITY Council meeting following the timely submittal of the PUBLIC DEFENDER report
and invoice.
The PUBLIC DEFENDER agrees and understands that he/she is an independent
contractor and not the agent or employee of the CITY. The manner and means of
providing the professional services herein are under the sole control of the PUBLIC
DEFENDER. The PUBLIC DEFENDER shall be solely responsible for reporting his/her
hours, earnings, income tax, and social security to the applicable federal and state
agencies. The PUBLIC DEFENDER understands that he/she is not entitled to any of
the benefits provided by an employer to employees including, but not limited to, paid
leave, health insurance coverage, retirement programs, and/or unemployment
insurance.
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 6 of 13RES.D Page 100 of 107
V. TERM OF CONTRACT
This Agreement shall remain in full force and effect from July 1, 2013, through
December 31, 2014. This Agreement may be annually extended or renewed under the
terms of this Agreement, or as modified by agreement of both parties, at the conclusion
of the term of this Agreement. Such extension or renewal shall be in writing, upon
agreement of both Parties.
VI. POLICY AGAINST DISCRIMINATION
The PUBLIC DEFENDER shall not discriminate in employment practices on the
basis of race, creed, color, age, disability, religion, sex, or sexual orientation and follow
the CITY'S policy on nondiscrimination. The PUBLIC DEFENDER should comply with
all local, state, and federal laws regarding discrimination.
VII. PUBLIC DEFENSE STANDARDS
The PUBLIC DEFENDER shall comply with the Rules of Professional Conduct. The
PUBLIC DEFENDER shall comply with the City of Auburn Standards for Public Defense
as adopted by the CITY on August 20, 2012, pursuant to Resolution 4849 and any
future standards for public defense services that may be adopted by the CITY pursuant
to Chapter 10.101.030 of the RCW. The PUBLIC DEFENDER shall submit a copy of
the affidavit it files with the Municipal Court, stating that the PUBLIC DEFENDER is in
compliance with such standards to the Director of Human Resources/Risk
Management. This affidavit shall be submitted thirty (30) days after the PUBLIC
DEFENDER has received a copy of such standards.
VIII. INSURANCE AND INDEMNIFICATION
A. Insurance
The PUBLIC DEFENDER shall be responsible for maintaining, during the term of
this Agreement and at its sole cost and expense, the types of insurance coverages and
in the amounts described below. The PUBLIC DEFENDER shall furnish evidence,
satisfactory to the CITY, of all such policies. During the term hereof, the PUBLIC
DEFENDER shall take out and maintain in full force and affect the following insurance
policies:
1. Commercial General Liability insurance, insuring the CITY and the PUBLIC
DEFENDER against loss or damages arising from premises, operations, independent
contractors, and personal injury and advertising injury. The CITY shall be named as an
insured under the PUBLIC DEFENDER'S Commercial General Liability insurance policy
with respect to the work performed for the CITY, with minimum liability limits of one
million dollars ($1,000,000.00) combined single limit for personal injury, death, or
property damage in any one occurrence.
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 7 of 13RES.D Page 101 of 107
2. Such workmen's compensation and other similar insurance as may be
required by law.
3. Professional errors and omissions liability insurance with minimum liability
limits of one million dollars ($1,000,000.00).
B. No Limitation
PUBLIC DEFENDER'S maintenance of insurance as required by the Agreement
shall not be construed to limit the liability of the PUBLIC DEFENDER to the coverage
provided by such insurance, or otherwise limit the CITY'S recourse to any remedy
available at law or in equity.
If, for any reason, the PUBLIC DEFENDER loses its professional liability insurance
coverage, the PUBLIC DEFENDER must immediately notify the CITY'S Director of
Human Resources/Risk Management.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Professional Liability and Commercial General Liability insurance:
1. The PUBLIC DEFENDER'S insurance coverage shall be primary insurance
as respect to the CITY. Any insurance, self-insurance, or insurance pool coverage
maintained by the CITY shall be in excess of the PUBLIC DEFENDER's insurance and
shall not contribute with it.
2. The PUBLIC DEFENDER'S insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the CITY.
D. Indemnification
The PUBLIC DEFENDER shall indemnify, defend, and hold harmless the CITY and
its officers, agents and employees, or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including
attorney fees, by any reason of or arising out of the act or omission of the PUBLIC
DEFENDER, its officers, agents, employees, or any of them relating to or arising out of
the performance of this Agreement except for injuries and damages caused by the sole
negligence of the CITY. If a final judgment is rendered against the CITY, its officers,
agents, employees, and/or any of them, or jointly against the CITY and the PUBLIC
DEFENDER and their respective officers, agents and employees, or any of them, the
PUBLIC DEFENDER shall satisfy the same to the extent that such judgment was due to
the PUBLIC DEFENDER's negligent acts or omissions.
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 8 of 13RES.D Page 102 of 107
IX. TERMINATION OF CONTRACT
A. Grounds for Immediate Termination. The CITY retains the right to immediately
terminate this contract in the event any of the following incidents occurs:
1. Failure to provide timely proof of comprehensive professional liability
insurance due at any of the times required herein.
2. Loss of comprehensive professional liability insurance coverage regardless of
the reason therefor.
3. Any action that, at the sole discretion of the CITY, could bring discredit on the
CITY.
B. Additionally, either the CITY or the PUBLIC DEFENDER may terminate this
contract in the event of the following:
1. Any other breach of this contract; or
2. Violation of the Rules of Professional Conduct; or
3. Good and Sufficient Cause
Such termination under this subpart is effective only if the party terminating the
contract has provided written notice of the deficiency to the second party, and the
deficiency is not corrected in a timely manner to the reasonable satisfaction of the first
party.
Written notice of termination under Section IX (B) shall be given by the party
terminating this contract to the other not less than sixty (60) days prior to the effective
date of the termination.
C. In the event of termination or upon completion of the contract, the following
conditions may apply: (1) the PUBLIC DEFENDER shall be relieved of any further
responsibility for receiving new case assignments under this contract; (2) the PUBLIC
DEFENDER will continue to represent those defendants assigned prior to the date of
termination and who have a trial date set and shall complete representation in all such
cases; provided that, after termination or completion of the contract pursuant to court
rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may withdraw
from any case as permitted by court rule.
X. TRANSITION.
In consideration for the transition payment in Section IV. of this Agreement, the
PUBLIC DEFENDER shall contact the City's current Public Defender upon execution of
this Agreement to discuss the transition of current cases, and historical records. The
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 9 of 13RES.D Page 103 of 107
parties agree that, subject to Court Rules and the Rules of Professional Conduct, that
as many cases as possible should be taken over by the PUBLIC DEFENDER as of the
start date of this contract. The PUBLIC DEFENDER will cooperate with the incumbent
to file all necessary paperwork with the Court, and to consult with clients to ensure a
smooth transition of representation.
DATED this Day of 2013.
CITY OF AUBURN
Peter B. Lewis
Mayor
ATTEST:
Danielle E. Daskam Date
City Clerk
APPRO AS ORM:
Da ' I Reid Da
City Attorney
LAW OFFICES OF CAYCE & GROVE
Representative Date
Contact for the City: Contact for Cayce & Grove:
Aaron Barber Tricia Grove
Compensation & Employee Relations Manager Public Defense Attorney
25 West Main Street 405 South Fourth Street
Auburn, WA 98001-4998 Renton, WA 98057
253) 804-5093 425) 255-0603
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 10 of 13RES.D Page 104 of 107
APPENDIX A TO
PUBLIC DEFENSE CONTRACT
JULY 1, 2013 — December 31, 2014
Allowing Minor to Frequent Bar 1/3
Allow Unauthorized Person to Drive 1/3
Altered License 1/3
Assault:
Domestic Violence 1
Non Domestic Violence 1
With Sexual Intent 2
Animal Cruelty 1
Attempted Assault 2/3
Attempted Forgery 2/3
Attempted Theft 2/3
Canceled Plates/Registration 1/3
Complicity 2/3
Commercial License Needed 1/3
Concealed Weapon 2/3
Conspiracy 2/3
Counterfeiting Trademark 2/3
Criminal Attempt 2/3
Criminal Trespass 1/3
Custodial Interference 1
Cyber Stalking 1
Dangerous Animal at Large 2/3
Discharge of Firearm 2/3
Disorderly Conduct 1/3
Display of Weapon 2/3
Driving Under Influence (DUI) 1
Driving While License Suspended (DWLS 1) 1/2
Driving While License Suspended (DWLS 2) 1/2
Driving While License Suspended (DWLS 3) 1/3
Criminal Assistance 1/3
Escape 2/3
Failure to Transfer Title 1/3
Failure to Disperse 1/3
Failure to Obey 1/2
Failure to Obey Flagman 1/2
Failure to Obtain Vehicle License 1/3
Failure to Stop 1/2
Failure to Secure Load 1
Failure to Surrender License 1/3
False Identification 1/2
False Insurance Card 1/2
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 11 of 13RES.D Page 105 of 107
False Information 1/2
False Reporting 1/2
False Statement 1/2
Fraudulent Driver's License 1/2
Furnishing Liquor to Minor 1/2
Harm to a Police Dog 1
Harassment 1
Telephone Harassment 1
Domestic Violence Harassment 1
Hit and Run Attended 1
Hit and Run Unattended 1/2
Illegal Fireworks 1/3
Illegal Use of Dealer Plate 1/3
Immoral Conduct with a Minor 1
Indecent Exposure 1
Inhale Toxic Fumes 1
Interfering with Reporting to 911 2/3
Invalid Trip Permit 1/3
Loiter for Prostitution 1/2
Malicious Mischief Domestic Violence 1
Malicious Mischief Non-Domestic Violence 2/3
Minor Frequenting a Tavern 1/2
Minor Intoxicated in Public 1/2
Minor in Possession/Consumption 1/2
Neglect of a Child 1
Negligent Driving 1 1
No Valid Operator's License 1/3
Obstructing 2/3
Operating Vehicle without Certification of Ownership 1/3
Operating Vehicle without Ignition Interlock 1/2
Patronizing a Prostitute 1/2
Physical Control 1
Possession of Drug Paraphernalia 1/2
Possession of Marijuana 1/2
Possession of Stolen Property 2/3
Possession/Making Burglary Tools 2/3
Possession of Another's ID 1/2
Possession of Legend 2/3
Prostitution 1/2
Provoking Assault 2/3
Public Disturbance 1/3
Reckless Driving 2/3
Reckless Burning 2/3
Reckless Endangerment 2/3
Refuse to Cooperate 1/2
Crimes Requiring Registration as Sex Offender 2
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 12 of 13RES.D Page 106 of 107
Resisting Arrest 2/3
Selling Liquor to Minor 1/2
Stalking 1
Tampering with Property of Others 1/2
Tampering with a Witness 1
Theft 3 2/3
Theft of Rental Property 2/3
Unlawful Issuance of Bank Check 2/3
Unlawful Bus Conduct 1/2
Unlawful Camping 1/3
Unlawful Racing 2/3
Vehicle Prowl 2/3
Vehicle Trespass 2/3
Violation of Anti-Harassment Order 2/3
Violation of No Contact Order 2/3
Violation of Instruction Permit 1/3
Violation of Occupancy License 1/3
Violation of Protection Order 2/3
Violation of Restraining Order 2/3
Violation of Stay Out of Area of Prostitution (SOAP) Order 1/2
Weapons Capable of Harm 2/3
Public Defender Contract
July 1,2013—December 31,2014
Date 5.14.13
Page 13 of 13RES.D Page 107 of 107