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HomeMy WebLinkAbout06-03-2013 6-03-2013 City Council Agenda City Council Meeting June 3, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. 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 Page 2 of 3 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 Page 1 of 8 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) Page 2 of 8 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 Page 4 of 8 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 Page 5 of 8 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 Page 7 of 8 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 Page 8 of 8 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. Page 1 of 12 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 Page 3 of 12 PW.1 Page 20 of 107 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 Page 4 of 12 PW.1 Page 21 of 107 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. Page 5 of 12 PW.1 Page 22 of 107 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 Page 6 of 12 PW.1 Page 23 of 107 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. Page 7 of 12 PW.1 Page 24 of 107 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 PW.1 Page 25 of 107 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 Page 9 of 12 PW.1 Page 26 of 107 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. Page 10 of 12 PW.1 Page 27 of 107 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 Page 11 of 12 PW.1 Page 28 of 107 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. Page 12 of 12 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) Page 1 of 6 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 Page 2 of 6 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 Page 4 of 6 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 Meeting videos are not available until 72 hours after the meeting has concluded. 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) Page 1 of 13 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 Page 6 of 13 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. Page 9 of 13 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 Page 12 of 13 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 I aiva I I of IW o13 King County a 200 400 aln rn I iZ L 0IMAIL-10 Z King County 0 c z°Iz King County King County 0I rn olo o' gym MI6 y of Kent Jurisdiction X11276thSTW1+00. 45'U mlm dusdktiKonnt mr 276th ST W 2+75, JO'LT L_2 1-3 L-g SOUTH 277th Street L-1 L-12 l L 7 bum it276tHsrw2+7s y Limits Ord 2513 N line Cox DLCiN88'59'57"2738.77' Totol I I IAubumCityLimitsIOrd4770k78 COR RH. Nw\ Z! Z I South Line of Beat tv DLC,R I v North Une of Cox DLC, I o eCe1rAmolc X!o I and Aubum City Umit I Aubum City Limits Ix W V' Ord 4770 alas G q1c0 z AREA PRESENTLY UNDER KING W 2 z y#4 COUNTY JURISDICTION TO BE Z o m z 1c,; C ANNEXED TO THE CITY OF AUBURN. "' z!Z = w L-1 N BEARING DIST 3 E 55.69- 7 y in I I c, Ala m o L-2 N 86'0808 E 5.64 I I I Qlc p L-3 N 84'4819'E 138.50 I I c7 xIK U a L-4 S 79'58 33 E 186.21 I I QiIY Ld pL-5 S 1'01)'03' In W 6.89 I I 31c a C L-6 S 88'59'57"E 2241.80 L-7 S 00'34 56 49.5 t I I I L-8 N 88'59 57 1430.33 I t I L-9 N 13'31 01 69.45 L-10 N 78 07 18 66.42 L-11 S 13'31 Ot E 82.40 L-12 S 885957E 81.98 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 RECORDED UNDER KING COUNTY RECORDING NUMBER 970 90895, AND CORRECTION DEED RECORDED UNDER RECORDING NUMBER 20121231000964, ALL OF WHICH IDENTIFY THE BEARING FOR THE SOUTH LINE OF THE R.H. BEATTY DONATION LAND CLAIM AS SOUTH 81'59'57" EAST. Prepared by CITYOF EXHIBIT B oarlo2o 3CITYOFAUBURNC222AOSOUTH277tHSTREET DRAWN 201 RRB PUBLIC WORKS DEPARTMENT ANNEXATION OF KING COUNTY JURISDICTION WASHINGTON 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. Public Defender Contract 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 Public Defender Contract 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