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HomeMy WebLinkAbout11-04-2013 CITY COUNCIL AGENDA PACKET City Council Meeting November 4, 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 1. Proclamation - Entrepreneurship Week Mayor Peter B. Lewis to proclaim November 18-24, 2013 as Entrepreneurship Week in the City of Auburn. 2. Proclamation - National American Indian Heritage Month Mayor Peter B. Lewis to proclaim November as National American Indian Heritage Month. D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings 1. 2014 Annual Action Plan of the Consolidated Plan* (Backus/Hursh) City Council to conduct a public hearing on the Community Development Block Grant amendment to the 2014 Annual Action Plan of the Consolidated Plan (RECOMMENDED ACTION: City Council conduct the public hearing. For further action on this item, see Resolution No. 5000.) 2. 2013-2014 Biennial Budget Mid-Biennial Review (Partridge/Coleman) City Council to conduct a public hearing on the Mid-Biennial Review and Modification of the 2013-2014 Biennial Budget (RECOMMENDED ACTION: City Council conduct the public hearing.) 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. Page 1 of 169 III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. October 28, 2013 Minutes* (Peloza) B.Planning & Community Development 1. October 28, 2013 Minutes* (Backus) C.Public Works 1. October 21, 2013 Minutes* (Wagner) D.Finance 1. October 21, 2013 Minutes* (Partridge) E.Les Gove Community Campus 1. October 23, 2013 Minutes* (Wagner) F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the October 21, 2013 Regular Meeting* B. Minutes of the September 30, 2013 Committee of the Whole Meeting* C. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 425854 through 426052 in the amount of $1,035,138.61 and dated the 4th day of November, 2013. D. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 534194 through 534224 in the amount of $310,288.11 and electronic deposit transmissions in the amount of $1,332,499.47 for a grand total of $1,642,787.58 for the period covering October 17, 2013 to October 30, 2013. E. Public Works Project No. CP1307* (Wagner/Dowdy) City Council to award limited Public Works Contract No. 13-17 to RW Scott Construction Company on their low bid of $33,260.00 plus Washington State sales tax of $3,153.20 for a total contract amount of $36,413.20 for Project No. CP1307, Control Structure Installation Project F. Consultant Agreement No. AG-C-437 with MIG, Inc.* (Backus/Welch) City Council approve Consultant Agreement No. AG-C-437 with MIG, Inc. for visioning for the major update to the Comprehensive Plan Update. G. Consultant Agreement No. AG-C-417 with Murray, Smith & Associates* (Wagner/Dowdy) City Council authorize Amendment No. 1 to Consultant Agreement No. AG-C-417 with Murray, Smith & Associates, Inc. for professional services related to the Water Page 2 of 169 Facilities Evaluation Study (RECOMMENDED ACTION: City Council approve the Consent Agenda.) V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6485* (Backus/Welch) An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Sonata Hill (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6485.) VIII.RESOLUTIONS A. Resolution No. 5000* (Backus/Hursh) A Resolution of the City Council of the City of Auburn, Washington, adopting the 2014 Community Development Block Grant Action Plan for the Consolidated Plan for years 2011 to 2014 (RECOMMENDED ACTION: City Council adopt Resolution No. 5000.) B. Resolution No. 5003* (Backus/Welch) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a grant agreement between the City of Auburn and the State Department of Ecology (RECOMMENDED ACTION: City Council adopt Resolution No. 5003.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 3 of 169 Page 4 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: 2014 Annual Action Plan of the Consolidated Plan Date: October 11, 2013 Department: Administration Attachments: 2014 Annual Action Plan Resolution No. 5000 Budget Impact: $0 Administrative Recommendation: City Council to conduct a public hearing to receive public comments and suggestions with regard to the 2014 Annual Action Plan. Background Summary: The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The 2014 Action Plan outlines proposed expenditures to implement the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates that in 2014 approximately $525,000 of CDBG funds will be available for projects that are consistent with federal regulations and the objectives and policies of Auburn’s Consolidated Housing and Community Development Plan. In 2014 the CDBG funds will be combined with approximately $550,000 of General Funds to create a total human services budget of approximately $1,075,000. A public notice and a brief description about the 2014 Action Plan was published in The Seattle Times. On November 4, 2013, City Council will hear public testimony about the Plan; the deadline to submit written comments is also on November 4, 2013. The final draft of the 2014 Action Plan will be prepared and sent to HUD by the deadline of November 15, 2013 after City Council adoption. Reviewed by Council Committees: Finance, Planning And Community Development AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 5 of 169 Councilmember:Backus Staff:Hursh Meeting Date:November 4, 2013 Item Number:PH.2 AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 6 of 169 Department of Administration & Community Services 25 West Main Street Auburn, Washington 98001 (253) 931-3041 2014 Annual Action Plan Update to the City of Auburn's Consolidated Plan for Housing and Community Development Fiscal Years 2011 – 2014 November 15, 2013 (IMPORTANT NOTE: Program description and dollar amounts represented in this plan may change subject to the availability of funds and final approval by the Department of Housing and Urban Development.) PH.2 Page 7 of 169 October 22, 2013 2 2014 Annual Action Plan EXECUTIVE SUMMARY Each year the City of Auburn executes specific actions to implement the goals and strategies of the Consolidated Plan for Years 2011 to 2014. Actions that will be undertaken in 2014 are outlined in this “Annual Action Plan”. The City of Auburn anticipates the receipt of approximately $525,000 in Community Development Block Grant (CDBG) funds in 2014. Auburn's CDBG funds will be combined with approximately $550,000 of General Funds to create a total Human Services budget of approximately $1,075,000 in 2014. Human Services oversees and is responsible for providing and managing financial resources to more than 30 non-profit agencies that serve the Auburn community, administering the local housing repair program, and developing collaborations among community partners to strengthen the response to residents in need. The 2014 Action Plan proposes to allocate $78,000 of CDBG funds to public services. Most of those funds ($63,000) will be used to provide dental and medical care to uninsured, low income Auburn residents and $15,000 for employment training. Approximately $100,000 of the CDBG funds will be allocated to program administration, which includes planning. The remaining $347,000 will be allocated to housing repair ($200,000), economic development ($37,500), and support of enhancing youth outreach and gang prevention. The City of Auburn is committed to focusing more on achieving solutions to recurring social problems and achieve a greater collaboration among service providers. The Department of Housing and Urban Development has worked to standardize the performance measurements listed in the Consolidated Plan. The 2014 Action Plan combines the changes that both the City of Auburn and HUD have implemented. Overall the implementation of the 2013 Action Plan is progressing as planned and most of the activities listed are underway. A more detailed report of 2013 activities will be summarized in the Consolidated Annual Performance and Evaluation Report (CAPER) that will be drafted and released for public review before the end of the first quarter of 2014. CITIZEN PARTICIPATION AND CONSULTATION The development of the Annual Action Plan involves both citizen participation and consultation with local service providers. Citizen participation in the planning process began at a joint meeting between the Auburn City Council and Human Services Committee. At this meeting, Council and Committee members identified a series of community results that they would like to achieve through the appropriation of City funds. The City consults with local service providers primarily through the solicitation of applications for Human Services grants. Grant applications prepared by service providers furnishes the City information regarding the goals of the agency, target populations, proposed services, gaps in the delivery of services, linkages to poverty reduction strategies and collaboration with other service providers. This information is reviewed by City staff and the Human Services Committee. The Human Services Committee's recommendations were incorporated into the 2014 Action Plan and presented to the City Council's Planning and Community Development (PCD) Committee in PH.2 Page 8 of 169 October 22, 2013 3 October 2013. A preliminary draft of the 2014 Action Plan was distributed to all the grant applicants and local service providers. A public notice was issued and posted at City Hall, the Auburn Senior Center, and on the City of Auburn’s website on October 1, 2013; this information was also published in The Seattle Times announcing that copies of the proposed 2014 Action Plan were available for public review. The City Council schedules a public hearing to gather testimony about the plan before it takes action to review and adopt it. The following outlines the remaining steps regarding citizen participation and consultation for the 2014 Action Plan: October 4, 2013: Start of Public Review Process November 4, 2013: Public Hearing End of Public Review Process Council takes action to adopt the 2014 Annual Action Plan November 15, 2012: Deadline to submit the plan to HUD HOUSING AND COMMUNITY DEVELOPMENT RESOURCES 2014 CDBG ESTIMATED RESOURCES In 2013 the City of Auburn received over $530,000 of CDBG funds. In 2014 the City estimates that its CDBG funds will increase slightly from last year’s CDBG entitlement. The 2014 Action Plan includes a contingency plan in the event that CDBG funds increase or decrease. CDBG ESTIMATED RESOURCES $525,000 CDBG 2014 Entitlement (estimated) $525,000 Total Estimated CDBG Funds Available in 2014 PH.2 Page 9 of 169 October 22, 2013 4 OTHER RESOURCES General Funds The City of Auburn allocates up to one percent (1%) of its prior year’s general fund expenditures to provide human services for Auburn residents through contracts with non-profit agencies. Assuming the City will continue to receive the same amount of general fund revenues, the estimated allocation from General Fund budget for human service grants is $550,000 in 2014. TOTAL RESOURCES Funding Source 2014 -- CDBG Funds $ 525,000 -- General Funds $ 550,000 Total Estimated Funds Available $ 1,075,000 CITY OF AUBURN FUNDING PRIORITIES The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty within the City of Auburn. Toward this end, the City will give funding priority to programs that - in addition to complying with federal regulations and addressing a priority outlined in the Consolidated Plan - are consistent with the following anti-poverty strategy for resource allocation. 1. Each project must satisfy one of the three following overriding goals: § Help people move out of poverty; § Prevent people from entering poverty; § Address the basic needs of people living in poverty. 2. In making funding decisions, the City will give priority to programs that: § Support, complement or are consistent with other current City plans; § Are sustainable over time; § Have demonstrated cooperation and collaboration among government, private nonprofit agencies and the private sector to maximize impacts and reduce administrative costs; § Do not have a more appropriate source of funds. 3. The City will give priority to programs that provide services addressing the basic needs of Auburn's most at-risk populations. A priority population for CDBG-funded services is individuals who are denied, by poverty and historical institutional practices, the opportunity to develop their full potential and to enjoy the benefits of community participation. 4. CDBG funded services must be, to the fullest extent possible, appropriate and accessible to people who may face special barriers in accessing services. PH.2 Page 10 of 169 October 22, 2013 5 5. The CDBG program was built on a premise of citizen participation in the formation of policies, including funding decisions, which address neighborhood and community needs. The City will give priority to programs that promote community initiatives to identify priority needs and to address those needs. 6. The City will give priority to programs that build and support the capacity of local organizations to address the needs of Auburn residents. 7. The City will give priority to programs that support economic development and promote access to quality jobs - positions that pay well enough to support an adequate standard of living, allow the purchase of housing and other basic necessities, offer stability and decent working conditions, and provide opportunities for advancement. 8. Funding priority will be given to agencies that provide direct services to Auburn residents at locations within the city limits of Auburn. COMMUNITY RESULTS DESIRED BY THE CITY OF AUBURN The City of Auburn solicited proposals from local service providers to achieve the following community results within the areas listed below. Population performance indicators will be applied to assess the overall success of the effort and the value of ongoing support; these indicators will be utilized to determine the effectiveness of individual programs. Overall Result: One-Stop Center The City of Auburn will fund human service providers who participate in the design, development and operation of a One-Stop Center in Auburn and the efficient, collaborative and integrated delivery of services it offers. Agencies who agree to participate in the design and development of a One-Stop Center in Auburn may apply for funding to accomplish one or more of the following community results: § Abused and Neglected Children: The City of Auburn will fund human service providers that increase supportive services to children who are neglected and abused, specifically the number of children who are victims of on-going and repeated neglect and abuse, within the city of Auburn by 15% over the next three (3) years. § Victims of Domestic and Sexual Assault: The City of Auburn will fund human service providers that increase the number of Auburn residents, who are victims of domestic violence, that make the transition to a safe environment and self-determining lifestyle by 15% within the next three (3) years. § Poverty Reduction: The City of Auburn will fund human service providers who increase the number of Auburn residents no longer living in poverty by 15% within the next three (3) years. § Substance Abuse: The City of Auburn will fund human service providers to develop strategies that increase the successful completion of treatment programs by Auburn residents who have serious behavioral and health problems due to substance abuse and chemical dependency by 15% within a three (3) year period. § Physically and Mentally Fit: The City of Auburn will fund human service providers that increase the availability, accessibility and use of health care to its low income residents by 15% within a three (3) year period. PH.2 Page 11 of 169 October 22, 2013 6 2014 PROPOSED ACTIVITIES TO ACHIEVE RESULTS The City of Auburn requested proposals to achieve the following national objectives and community results. Create a Suitable Living Environment: § One-Stop Center: -- Create a suitable living environment for Auburn's low income residents and people with special needs by using its CDBG funds to make available float loans and Section 108 Loan Guarantees to leverage the funds necessary to develop a Community Center and future campus for the One-Stop Center which will provide for the collocation and integrated delivery of human services. § Abused and Neglected Children: -- The City of Auburn proposes to allocate approximately $180,000 of its General Funds, to generate approximately 7,700 hours of services and 160 home visits that will benefit 1,657 Auburn adults and children, for the purpose of reducing chronic abuse and neglect of children. § Victims of Domestic and Sexual Assault: -- The City of Auburn proposes to allocate $89,000 of its General Funds to provide 1,500 referrals for assistance, 160 shelter bednights, 700 hours of case management and 550 hours of therapy to approximately 600 victims of domestic violence and sexual assault. § Physically and Mentally Fit: -- Create a suitable living environment by making health care available to 78 or more low- income, uninsured Auburn residents by allocating $40,000 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- Create a suitable living environment by making dental care available to 70 or more low- income, uninsured Auburn residents by allocating $23,000 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- The City proposes to allocate an additional $45,000 of its General Funds for the purpose of creating access to health care to over 1,000 low-income Auburn residents and enabling over 3,200 visits to qualified health care providers. § Poverty Reduction: -- The City of Auburn proposes to allocate $80,500 of its General Funds to provide nearly 12,000 Auburn residents emergency assistance such as food, financial assistance, and clothing. -- The City of Auburn proposes to allocate $14,500 of its General Funds to provide over 60 Auburn senior citizens congregate meals and home-delivered meals and over 1,200 Auburn residents a weekly meal. -- The City of Auburn proposes to allocate $51,000 of its General Funds to provide over 100 Auburn residents more than 3,900 bednights of emergency shelter and/or transitional housing. PH.2 Page 12 of 169 October 22, 2013 7 § Substance Abuse: -- The City of Auburn proposes to allocate $10,000 of its General Funds to support a program that provides integrated care to non-Medicaid clients who require both substance abuse treatment and mental health counseling. Provide Decent Housing: § Maintain the affordability of decent housing for very low-income Auburn residents by allocating $200,000 of CDBG funds to the City of Auburn's Housing Repair Program for the purpose of providing repairs necessary to maintain suitable housing for 40 Auburn homeowners, including 20 homeowners who are senior citizens and 5 homeowners who lack safe access in or out of their homes due to physical disabilities or impairment. Expand Economic Opportunities: § Create economic opportunities by providing the availability and access to counseling and training for approximately 25 Auburn residents who are either trying to sustain or create a small business and, collectively generate 25 or more jobs by allocating $37,500 of CDBG funds to the Green River Community College's Small Business Assistance Center. § Create economic opportunities by providing the availability and access to train approximately 15 very-low income Auburn residents so that at least half of them can find and sustain a job by allocating $15,000 of CDBG funds to the Multi-Service Center Employment Program. PH.2 Page 13 of 169 October 22, 2013 8 DISTRIBUTION OF FUNDS CDBG Funds Proposed CDBG Disbursements 2014 Public Services -- HealthPoint: Dental & Medical Care $63,000 -- Multi-Service Center Employment Program $15,000 subtotal: Public Services $78,000 Capital Funds -- Affordable Housing 2.. City of Auburn Housing Repair Program $200,000 -- Suitable Living Environment 2.. Youth Outreach Center $100,000 -- Economic Development 2.. GRCC Small Business Assistance Center $37,500 2.. Downtown Business Façade Program $9,500 subtotal: Capital Funds $347,000 Administration -- Program Management 2. City of Auburn Community Services $100,000 subtotal: Administration $100,000 Total CDBG Funds: $525,000 Source of CDBG Funds: 2014 -- 2014 Estimated Entitlement: $525,000 Total Estimated CDBG Funds $525,000 PH.2 Page 14 of 169 October 22, 2013 9 Human Services Funding 2014 Auburn Human Service Agencies: 2014 Abused & Neglected Children 2 AYR: ACAP Childcare Subsidies 20,000 2 Auburn Youth Resources 85,000 2 Birth to Three Development Center 10,000 2 CHS: Family Resource Center 20,000 2 CHS: Strengthening Families Program 10,000 2 Dynamic Partners: Children Therapy Center 10,000 2 Communities In Schools 5,000 2 Pediatric Interim Care Center 10,000 subtotal: 170,000 Domestic Violence & Sexual Assault 2 Consejo 10,000 ... Crisis Clinic: 2-1-1 Line, 24 Hr., Teen Link 3,000 2 DAWN: Housing 9,000 2 KCSARC 22,500 2 Jubilee Center: Latino Program 7,500 2 VCCC: DV Victim Support 10,000 2 YWCA: Children DV Services 5,000 2 YWCA: DV Services 20,000 subtotal: 87,000 Physically & Mentally Fit / Substance Abuse 2 Auburn Respite 10,000 2 Christ Community Free Clinic 20,000 2 Senior Services Vol. Transportation 5,000 2 SKC: Mobile Medical Program 10,000 2 VCCC: COD Treatment 12,000 subtotal: 57,000 PH.2 Page 15 of 169 October 22, 2013 10 Human Services Funding 2014 (Continued) Auburn Human Service Agencies: 2014 Poverty Reduction 2 AFB: Emergency Food 35,000 2 AFB: Community Suppers 5,000 2 Auburn Senior Center: Meals Program 5,000 2 CCS: CHORE Program 3,000 2 CCS: HOME/ARISE 15,000 2 CCS: Katherine’s House & Rita’s House 5,000 2 Senior Services: Meals on Wheels 7,000 2 Multi-Service Center: Emergency & Transitional Housing 8,000 2 Neighborhood House 5,000 2 Pregnancy Aid 5,000 2 St. Vincent de Paul: Assistance 10,000 2 South Mental Health: PATH 5,000 2 South King Council of Human Services 10,000 2 Ukrainian Center: Crisis Intervention 5,000 2 Ukrainian Center: Refugee Assistance 7,500 2 WWEE: REACH 8,000 2 YWCA: Emergency Housing 4,000 2 YWCA: Transitional Housing 14,000 subtotal: 156,500 Total General Fund Human Services $470,500 Contingency Plans for Changes in Funding Total appropriations may not exceed actual revenues and no liability is to be incurred in excess of appropriations. In the event that actual revenues are different than the revenues estimated by the CDBG budget, the following actions shall be taken: (a) CDBG Public Service Programs: In the event the City receives a lesser amount of CDBG funding than budgeted for public services, then the reduction will be made as follows: 1. Reduce or eliminate the appropriation to the Multi-Service Center's Employment Program by $7,500 or the amount of the funding reduction, which ever amount is less. 2. Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of the reduction, which ever amount is less. PH.2 Page 16 of 169 October 22, 2013 11 (b) CDBG Capital-Funds Programs: In the event of a reduction in CDBG capital funds, the amount of reduction will be prorated evenly among the funded project. (c) Unspent CDBG Capital Grants: The funds appropriated to subrecipients for capital improvements must be expended within the term of the subrecipient’s CDBG grant agreement. CDBG funds appropriated for capital improvements will be considered abandoned, and the funds will be re-appropriated, if any of the following conditions exist: (a) The term of the grant agreement expires and the subrecipient fails to request an extension in accordance with the terms of the agreement. (b) The subrecipient fails to submit a request for reimbursement or fails to submit an activity report during the program year. (c) The subrecipient fails to make the project “bid ready” within the first year after the appropriation. “Bid ready” means that, at a minimum, the bid specifications are drafted and the subrecipient is ready to solicit bids. (d) General Fund Public Services: 1. Reduction of General Fund Revenues: In the event of a reduction in the general fund appropriation for human services, the reductions will be applied in the following order: (a) Communities In Schools: the lesser of $5,000 or the amount of the reduction. (b) St. Matthew's Jubilee Center's Latino Program: the lesser of $7,500 or the remaining amount of the reduction. (c) CHORE Program: the lesser of $3,000 or the remaining amount of the reduction. (d) If the above reductions remain less than the total amount of the general fund reduction, then the remaining amount of the reduction will be applied evenly by a prorated amount among the remaining appropriations. 2. Increase in Funding: In the event of an increase in funding, then previous reductions in appropriated amounts, if any, will be restored to the amounts recommended for 2014 in the reverse order in which the above reductions were made. If funds remain after all reductions have been restored, then the remaining funds will be distributed according to the allocation recommended by the Planning and Community Development Committee and approved by the City Council. FAIR HOUSING The City of Auburn continues to monitor compliance with the Fair Housing Act. Complaints are referred to the Washington State Human Rights Commission for resolution. In 2006, the City completed an Analysis of Impediments to Fair Housing Choice (AI) as required for CDBG entitlement communities. The Fair Housing Consultant identified three impediments and made three recommendations. The recommendations were: · Expand current education and outreach efforts; PH.2 Page 17 of 169 October 22, 2013 12 · Continue ongoing enforcement activities; and · Target homeownership and lending marketing to minority households. The City has implemented and continues to expand these recommendations. Information about Fair Housing has been put on the City of Auburn's website and made available at City Hall. The information will include links pertaining to where residents can file a complaint in the event of alleged discrimination. Information will be available in English and Spanish. Summary data regarding the number of fair housing complaints filed against landlords and realtors in Auburn will be reported in the CAPER. The City is currently working with the Puget Sound Regional Council (PSRC) and the entitlement jurisdictions to complete and adopt a broader AI in conjunction with HUD Region X. PUBLIC HOUSING The City of Auburn continues to support public housing communities located within its city limits. Many of the residents who receive the services provided by the City's human service grants live in public housing communities. Two grant recipients are located within public housing communities. In addition, the City of Auburn's Housing Repair program serves approximately 10 – 12 residents per year who live at Tall Cedars Mobile Home Park, which is owned by the King County Housing Authority. Home repairs include furnaces, hot water tanks, wheelchair ramps and other repairs necessary to keep the home habitable. The following summarizes the grants provided to specific public housing communities: Agency/Program Public Housing Community Amount Auburn Food Bank Burndale $40,000 Housing Repairs Tall Cedars Mobile Home Park $50,000 Total: Public Housing Community Programs $90,000 CHRONIC HOMELESSNESS The City of Auburn will continue to provide funding to regional and local agencies that provide assistance to homeless families. In 2014 the City will strive to maintain a continuum of care for homeless families that includes emergency assistance, emergency shelters, severe weather shelter and transitional housing. In addition, the City provides funds for the provision of medical care, childcare and employment training to help prevent people from becoming homeless. The City of Auburn plans to allocate $55,000 of its General Funds to provide more than 4,000 bednights of emergency shelter and/or transitional housing to approximately 120 Auburn residents. The following summarizes the grants awarded with the intent to reduce chronic homelessness: PH.2 Page 18 of 169 October 22, 2013 13 Agency / Program Award Residents Services Provided Catholic Community Services Katherine’s House & Rita’s House $5,000 3 transitional housing DAWN Confidential Shelter $9,000 15 160 bednights Multi-Service Center $8,000 29 870 bednights HOME/ARISE Emergency Shelter $15,000 30 1,650 bednights YWCA Emergency & Transitional Housing $18,000 46 1,400 bednights Total: $55,000 123 4,080 bednights GEOGRAPHIC DISTRIBUTION CDBG funds spent on neighborhood revitalization and housing repairs for targeted neighborhoods will occur primarily within the Census Tract 306 and Census Tract 307. According to the Census Bureau, these two census tracts are predominantly low income with median household incomes less than 80% of the King County median household income. Public services funded with CDBG funds and housing repairs in non-targeted neighborhoods will be offered to low income or limited clientele residents citywide. LEAD-BASED PAINT HAZARDS The City of Auburn will continue to implement U.S. Department of Housing and Urban Development (HUD) regulations to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government. The requirements apply only to housing built before 1978; the year lead-based paint was banned nationwide for consumer use. The following table summarizes actions required by these regulations. Amount of Grant <$5,000 $5,000-$25,000 > $25,000 General Approach Do No Harm Identify and control lead hazards Identify and abate lead hazards Notification Pamphlet Pamphlet & Notice of Assessment Pamphlet & Notice of Hazard Reduction Evaluation Visual Paint Testing Risk Assessment Reduction Strategy Repair surfaces disturbed during rehab work Interim Controls Abatement and Interim Controls PH.2 Page 19 of 169 October 22, 2013 14 BARRIERS TO AFFORDABLE HOUSING The City of Auburn will continue to look at policies that remove barriers to affordable housing. The City of Auburn's Comprehensive Land Use includes several policies and objectives that will guide the City toward achieving its affordable and fair housing goals. These policies include maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities. The City will continue to pursue mixed use developments that are consistent with the transportation oriented developments located in Auburn's downtown. The City will look for opportunities with public and private agencies to implement policies and offer programs that help alleviate physical and economic distress, conserve energy resources, improve the quality and quantity of community services, and eliminate conditions that are detrimental to health, safety and public welfare. LOW-MODERATE INCOME BENEFITS Over the past three years approximately 90% of the clients served by programs funded with CDBG funds earned low to moderate incomes. The beneficiaries of programs funded in 2014 with CDBG funds are not expected to deviate from these past trends. The City of Auburn will continue to distribute its funds for human services based on priority needs identified for people with low-to-moderate incomes with a particular emphasis on people who live in poverty. POLICIES AND CERTIFICATIONS Agencies applying for CDBG funds are required to respond to general and program specific polices in their applications. All projects are evaluated to determine if they are: 1. Eligible relative to federal guidelines; 2. Consistent with the program objectives and strategies; 3. Consistent with local, state and federal regulations; 4. Feasible within contract and timeline guidelines; and 5. Capable of developing and measuring outcomes. These policies include, among others: · Consistency with local codes and policies; · Restrictions on the change of use of property and buildings which were acquired or improved with CDBG funds; · Minimization of displacement and the provision of relocation assistance; · Adherence to federal wage rates; · Compliance with federal audit requirements; and · Adherence to and enforcement of lead-based paint abatement regulations, fair housing laws and affirmative action. PH.2 Page 20 of 169 October 22, 2013 15 DOCUMENTATION AND ON-SITE MONITORING Detailed records are maintained and reviewed to determine and assure agency compliance with its contract and other applicable regulations. Deficiencies in record keeping are documented and technical assistance to correct noted deficiencies is provided. The failure to comply with contractual requirements and regulations could result in remedial actions and/or the termination of funding. FISCAL AUDITS The City conducts an internal audit to ensure that its records are complete and agencies are complying with applicable rules and regulations. In addition, the City’s records are subject to an independent annual audit by the State Auditor. Both the City's internal audit and the State Auditor test to determine the City’s compliance with the following CDBG requirements: § Political Activity; § Davis-Bacon and Related Acts; § Civil rights; § Cash Management; § Federal Financial Reports; § Allowable Costs & Cost Principles; § Drug-Free Workplace Act; and § Various administrative requirements. MORE INFORMATION For more information and/or to get on the City's mailing list for Consolidated Plan updates and grant applications, please contact: Michael Hursh, Advisor to the Mayor Department of Administration 25 West Main Street, Auburn, WA 98001 Phone: (253) 804-5029 Email: mhursh@auburnwa.gov PH.2 Page 21 of 169 -------------------------- Resolution No. 5000 November 4, 2013 Page 1 of 2 RESOLUTION NO. 5000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2014 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN FOR THE CONSOLIDATED PLAN FOR YEARS 2011 TO 2014 WHEREAS, the City of Auburn was designated as an entitlement community by the U.S. Department of Housing and Urban Development (HUD) for its Community Development Block Grant (CDBG) Program; WHEREAS, the primary objective of the Consolidated Plan and CDBG Program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-income and moderate-income; WHEREAS, to be eligible for funding, the City of Auburn must annually update the action plan for its Consolidated Plan that serves as a federally required planning document to guide the City of Auburn's human service and community development efforts; WHEREAS, the planning process to develop the Consolidated Plan involved citizen participation and guidance from non-profit and governmental agencies serving low income residents in the community; WHEREAS, the City Council of the City of Auburn heard and considered public comment about its proposed 2014 Action Plan. PH.2 Page 22 of 169 -------------------------- Resolution No. 5000 November 4, 2013 Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES HEREBY RESOLVE TO: Section 1. Pursuant to provisions of 24CFR91, the City hereby adopts the 2014 Action Plan for the Consolidated Plan for Years 2011 to 2014. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this ______ day of November, 2013. _________________________ Peter B. Lewis Mayor ATTEST: _______________________ Danielle Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney PH.2 Page 23 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: 2013-2014 Biennial Budget Mid-Biennial Review Date: October 30, 2013 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council to conduct the second public hearing to receive public comments and suggestions with regard to the proposed mid-biennial modifications to the 2013-2014 Adopted Biennial Budget. Background Summary: This second public hearing provides an opportunity for any citizens to make comments or suggestions prior to review and publication of modifications to the 2014 adopted budget. The first public hearing was held on October 7, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:November 4, 2013 Item Number:PH.3 AUBURN * MORE THAN YOU IMAGINEDPH.3 Page 24 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: October 28, 2013 Minutes Date: October 30, 2013 Department: Police Attachments: October 28, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:November 4, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 25 of 169 Municipal Services Committee October 28, 2013 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and Member John Partridge. Staff present: Mayor Pete Lewis, Assistant Chief of Police Bill Pierson, Finance Director Shelley Coleman, City Attorney Dan Heid, Public Works Director Dennis Dowdy, Innovation and Technology Director Ron Tiedeman, Parks, Arts & Recreation Director Daryl Faber, Auburn Municipal Airport Manager Jamelle Garcia and Police Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. October 14, 2013 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. DISCUSSION ITEMS A. Red Light Photo Enforcement (Lee) Assistant Chief of Police Chief, Bill Pierson, reviewed the 3rd quarter PhotoSafe Report for 2013. The primary goal of the program, which was launched in June of 2006, is to improve traffic safety through the reduction of red light violations and associated collisions, and to reduce speeding through designated school zones. The total for red light violations shows a minimal increase in 2013 versus the same quarter in 2012. The total for red light violations versus infractions Page 1 of 4 MS.1 Page 26 of 169 issued (incident resulting in a ticket being issued) remained steady from this same period in 2012. For school zone speed enforcement, the numbers continue to decrease overall. The report also provides information related to collision data at (3) intersections: M Street SE & Auburn Way S; 4th Street SE & Auburn Way S; and 8th Street NE & Harvey Road NE. Councilmember Partridge expressed his concern for the 4th St SE/AWS intersection and it was noted that this is an item being addressed on the Public Works Project Matrix. The financial performance of the Redflex Program was also reviewed. Committee discussion followed. B. Cemetery Financial Review (Coleman) Finance Director, Shelley Coleman, reported on the financial status for the Cemetery. The Cemetery ended the period with operating income of $60,489 compared to an operating loss of $125,093 for the previous year. This reflects an increase in operating revenue and a decrease in salaries/benefits expenditures. This is attributed to code changes made at the beginning of 2013 and a reduction in staff, as well. The number of interments decreased slightly from the same quarter in 2012. Committee discussion followed. C. Auburn Golf Course Financial Review (Coleman) Shelley Coleman, Finance Director provided a financial review of the Auburn Golf Course (GC). The GC ended the 3rd quarter of 2013 with an operating loss of $76,152 compared to an operating loss of $112,443 for the same period in 2012. This reflects an improvement in the year-to-date rounds played at the GC. Councilmember Partridge inquired about whether or not the 'Restaurant' revenue amount included the banquet room. Director Coleman advised that the revenue is included in the restaurant total. Additionally, Chair Peloza shared that the new technology components are now installed and operational in the banquet room which will be great for future events. Parks, Arts & Recreation Director, Daryl Faber, advised that the restaurant owner will begin to market the use/availability of the new equipment for events held in the banquet room moving forward. Committee discussion followed. D. AVHS Board Review / Animal Control Licensing (Coleman) Finance Director, Shelley Coleman, provided a monthly report on the Auburn Valley Humane Society (AVHS) Board meeting and on the Animal Control Licensing Program. September statistics along with information on two events held in October were reviewed at the most recent AVHS Board meeting. In September, the AVHS had 170 volunteers who spent 1,724 hours assisting at the shelter. Year to date there have been 16,959 volunteer hours for an average of 1,884 hours per month. Shelter revenue through September totaled $449,777 and represents 77% of the annual budget of $585,445. Page 2 of 4 MS.1 Page 27 of 169 Shelter expenses of $329,343 are at 50% of the $647,239 annual expenditure budget. These figures include revenues and expenses of $97,687 and $58,155, respectively. It is also reported that the Board is actively recruiting additional Board members. The number of pet licenses sold at AVHS totaled 70 in September and 603 year to date. There were 26 feline and canine neuters and 22 spays in the month of September. There were also 3 other surgeries on inured or sick animals. Total incoming animals for September was 1,103; total outgoing animals for the month was 949. Committee discussion followed and Chair Peloza requested additional information on which veterinarians are participating in the selling of pet licenses in their clinics. Director Coleman will include this information in her November report. E. Airport Management Contract (Coleman) Finance Director, Shelley Coleman, briefed the committee on the Airport Management Contract. The contract was previously reviewed at the last Municipal Services meeting. AMG was asked to remove the grant and project management from their proposal. Work outside the scope of the contract such as crack sealing, catch basin repair, building maintenance, tenant improvements, etc., will be done by a task order where the work will be submitted to the City for review and approval. The term is for 2 years beginning January 1, 2014 and ending December 31, 2015. The management company will also perform the fueling services and split the revenue evenly with the City (50/50) after all fuel costs have been paid. Committee discussion followed and the contract reviewed in detail. The Committee recommended the contract be corrected for grammatical and formatting errors that were identified prior to moving it forward to full City Council. F. Ordinance No. 6474 (Coleman) Shelley Coleman, Finance Director, reviewed Ordinance No. 6474 (Budget Amendment #6) with the Committee. This represents the sixth budget amendment for the 2013-2014 biennium and the first budget amendment for 2014. This amendment includes requested project expenses that were previously approved in 2013 but will require carryforward to 2014 to enable project completion and requested transportation project expenses as previously approved by Council. Other requests for funding in this budget amendment include: (1) Revenue adjustments; (2) New staffing in the Legal, Innovation and Technology, and Public Works M&O departments; (3) Downtown property sales; (4) Fully fund fire pension liabilities; (5) KidStock community festival and Arts/Events six year action plan; and (6) Innovation and Technology Stand-by pay. Committee discussion followed. Page 3 of 4 MS.1 Page 28 of 169 G. SCORE Jail Stats (Coleman) Finance Director, Shelley Coleman, presented the SCORE Jail statistics through September 2013. The Average Daily Population (ADP) for the City of Auburn in September is 78. SCORE is now tracking ADP for the 2015 budget year, which is based upon the April 1, 2013 through March 31, 2014 ADP. The City's ADP is approximately 71 for the period of April 2013 through September 2013, own from 2014 budget count of 84. The City's contribution to SCORE for the 2014 budget year is $5,504,537 and is based upon a 27.36% share of the operating costs - a $1,173432 reduction in costs from the previous year where Auburn's contribution rate was 33.98%. The main reason for the reduction is due to the decrease in ADP. Additionally, the judicial process on sentencing has also had a major impact on costs. Committee discussion followed. H. Project Matrix The following updates were made to the Project Matrix: Item 10P: Review date changed to 1/27/14. Item 21P: Review date changed to 11/25/13. Item 27P: Combined with Item 21P. Item 27P has been removed. Item 29P: Review date changed to 1/27/14. Item 31P: Review date changed to 1/27/14. Item 6I: Review date changed to 1/27/14. IV. ADJOURNMENT The meeting was adjourned at 4:30 P.m. The next regular meeting of the Municipal Services Committee is scheduled for Tuesday, November 12, 2013 at 3:30 p.m. in COnference Room 3 of City CHall, 25 West Main STreet, Auburn, WA. Signed this ___________ day of November, 2013. ____________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 4 of 4 MS.1 Page 29 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: October 28, 2013 Minutes Date: October 28, 2013 Department: Planning and Development Attachments: Minutes - October 28, 2013 Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff: Meeting Date:November 4, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 30 of 169 Planning and Community Development October 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 Main Street, Auburn, Washington. A. Roll Call Planning and Development Committee Chair Nancy Backus and Vice- Chair John Holman were present. Member Largo Wells was excused. Also present were Mayor Pete Lewis, Planning and Development Director Nancy Welch; Advisor to the Mayor Michael Hursh; Finance Director Shelley Colman; Parks, Arts and Recreation Director Daryl Faber; Planning Services Manager Elizabeth Chamberlain; Environmental Services Manager Chris Andersen; Public Works Director Dennis Dowdy; Assistant City Engineer Ingrid Gaub; Economic Development Manager Doug Lein; Senior Project Engineer Jacob Sweeting; and Planning Secretary Tina Kriss. Members of the audience present were: Urban Tree Board Member Bryce Landrud and Robert Whale of the Auburn Reporter. B. Announcements 1. Presentation a. Urban Tree Board (Faber) Parks, Arts and Recreation Director Daryl Faber introduced Urban Tree Board Member Bryce Landrud to provide an update from the Urban Tree Board. Mr. Landrud stated the Urban Tree Board consists of five members and various City staff members. Mr. Landrud explained how the Board, Parks Department and City staff work together on various programs to educate and raise awareness on tree maintenance and care. They also work to promote the City of Auburn as a "Tree City". Board members and staff are also working to attend various events to increase public awareness and assist in Arbor Day tree planting. Each year the board assists with the City street tree planning, selection, and resident awareness in coordination with Parks Page 1 of 5 PCD.1 Page 31 of 169 Maintenance Manager Mike Miller, various staff, and volunteers. This year, the underforrested "K Street" was cleaned up and local homeowners were encouraged to participate in caring for the newly planted trees. The Urban Tree Board members are also continuing to work with various Home Owners Associations on tree awareness, maintenance, and care. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - October 14, 2013 (Welch) Vice-Chair Holman moved and Chair Backus seconded to approve the October 14, 2013 minutes as written. MOTION CARRIED UNANIMOUSLY. 2-0 III. ACTION A. Resolution No. 5000 - 2014 Annual Action Plan of the Consolidated Plan (Hursh) Advisor to the Mayor Michael Hursh presented the staff report on Resolution No. 5000. The proposed Resolution would adopt the 2014 Community Development Block Grant Action Plan of the consolidated Plan for the fiscal years 2011 to 2014. Committee and staff discussed the 2014 Annual Action Plan actions outlined in the plan to be undertaken in 2014 and the 2014 Community Development Block Grant (CDBG) estimated funds. Vice-Chair Holman moved and Chair Backus seconded to recommend City Council adopt Resolution No. 5000. MOTION UNANIMOUSLY CARRIED. 2-0 B. Resolution No. 5003 – Remedial Action Grant Agreement for Area- wide Redevelopment Planning (Andersen) Environmental Services Manager Chris Andersen provided a brief overview of Resolution No. 5003, acceptance of an Integrated Planning Grant in the amount of $186,000.00 from the Washington State Department of Ecology. The grant will be used to help address issues and to develop strategies to promote redevelopment of properties potentially impacted by groundwater contamination from the Boeing Plume. The Committee and staff discussed the June 30, 2015 timeline requirement to use the grant. Page 2 of 5 PCD.1 Page 32 of 169 Vice-Chair Holman moved and Chair Backus seconded to recommend City Council adopt Resolution No. 5003. MOTION UNANIMOUSLY CARRIED. 2-0 IV. DISCUSSION ITEMS A. Ordinance No. 6474 (Coleman) Finance Director Shelley Coleman reviewed Ordinance No. 6474 that represents the sixth budget amendment for the 2013-2014 biennium and the first budget amendment for 2014. Director Coleman explained that Budget Amendment #6 includes carryforwards from 2013 to 2014 to enable project completion; the retainage of five police officers, and five additional new police officers; and the new proposed staffing changes. Director Coleman reviewed the new staffing requests, traffic impact fees from downtown, and explained that the City will be funding the fire pension liabilities. The Committee and staff discussed future additional staffing. Vice-Chair Holman expressed that he would be supportive of looking for opportunities to foster economic development to bring money into the City as the City moves out of the recession. The Committee was supportive of the Ordinance No. 6474. B. Online Project Management Software Options (Sweeting) Senior Project Engineer Jacob Sweeting explained the City has a continuing need to maximize the effectiveness and efficiency of available resources involved in the implementation of maintenance and improvement projects for the City. Between now and 2018 the City has identified over $260,000,000.00 of project work to be completed and the City has no Project Management Software. Public Works, Innovation and Technology, Finance and Project Construction Services have been actively evaluating various software options and vendors to determine the feasibility of acquiring comprehensive Project Management Software as an important tool to improve the efficiency of capital project implementation through the City. Mr. Sweeting provided a PowerPoint presentation to review the staff recommended Project Management Software. Staff presented the Project Management Software to the Public Works Committee and the Public Works Committee supports the Project Management Software. After a review of the software, the Committee and staff discussed the costs and benefits for the City. In answer to the question by the Committee if training was included, Mr. Sweeting explained the training is included with the initial project cost. The annual Page 3 of 5 PCD.1 Page 33 of 169 maintenance cost of the software would be $36,000.00. The Committee was supportive of including this software in the City's 2013-2014 Mid-Biennial Budget Amendment. C. Agreement for Services – Comprehensive Plan Update (Chamberlain) Planning Services Manager Elizabeth Chamberlain reviewed plans to update the Comprehensive Plan as required, by June 30, 2015. To begin the overhaul of the Comprehensive Plan and assist the City with an updated vision for the City, a consultant is proposed to be brought on board. The City issued a Request for Qualifications in August 2013 with a submittal deadline of September 3, 2013. From the six submittals that were reviewed by multiple City Departments that formed a committee, two firms were interviewed and the committee selected MIG, Inc. A draft scope of work has been structured and the City would serve as the face of visioning and outreach with MIG, Inc. supporting staff to create the tools needed for outreach. After Committee and staff discussed the Agreement of Services for the Comprehensive Plan Update, the Committee determined that they would take action on this item. The Comprehensive Plan Update has been budgeted through the Planning and Development Professional Services budget, with an allocation of approximately $64,000.00. Vice-Chair Holman moved and Chair Backus seconded to recommend City Council grant permission to enter into Agreement for Professional Services, AG-C-437. MOTION UNANIMOUSLY CARRIED. 2-0 D. Director's Report (Welch) Planning and Development Director Nancy Welch provided photographs from the tree planting event at the Auburn Environmental Park (AEP) held October 15, 2013. With the coordination of the Planning and Development Department Environmental Services division, the Auburn Adventist Academy and their sister schools took part in the annual Reaching In Service with Excellence (RISE) program. Fifty-two 7th and 8th graders, parents, teachers and School Principal Ron Trautwein attended to plant 1,200 trees. They also performed landscape beautification at both entries to the AEP. The trees were purchased by the Auburn Municipal Airport as mitigation for wetland impacts resulting from tree removal for an airport airspace maintenance project earlier this summer. Staff is working on the Comprehensive Plan overhaul and has held Page 4 of 5 PCD.1 Page 34 of 169 meetings on the health impact assessment to actively incorporate a plan to encourage healthy communities. As an update to the Matrix regarding the Mill Creek Wetland 5K Project, last Friday a letter to rescind the Design Agreement Request to Terminate letter sent August 9, 2013 to the Seatttle District, Corps of Engineers was mailed. The Corps is encouraged that the City is continuing to move forward on the project. With regards to marijuana/cannabis Matrix item, staff is currently researching the activities of other jurisdictions to determine how soon this item would be brought forward for initial discussion. E. PCDC Status Matrix (Welch) Committee and staff discussed the updates to the Matrix and had no changes or additions. V. ADJOURNMENT There being no further business to come before the Planning and Community Development CommitteE, the meeting was adjourned at 6:04 p.m. DATED this ____________ day of _______________________, 2013. ____________________________________ Nancy Backus - Chair ____________________________________ Tina Kriss - Planning Secretary Page 5 of 5 PCD.1 Page 35 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: October 21, 2013 Minutes Date: October 30, 2013 Department: Public Works Attachments: October 21, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:November 4, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 36 of 169 Public Works Committee October 21, 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: Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Project Engineer Robert Lee, Sanitary Sewer Engineer Bob Elwell, Senior Project Engineer Jacob Sweeting, Maintenance and Operations Manager Randy Bailey, Finance Director Shelley Coleman, Storm Drainage Engineer Tim Carlaw, IT Customer Support Manager Reba Stowe, Project/Construction Manager Bill Thomas, and Public Works Secretary Jennifer Cusmir. B. Announcements There were no announcements. C. Agenda Modifications There was one agenda modification transmitting a corrected agenda bill for Discussion Item A. II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee Meeting minutes for date, October 7, 2013. Motion carried 3-0. B. Public Works Projct No. C0915 (Lee) Well 1 Transmission Main Project Engineer Lee explained that the work schedule was coordinated with the work being done on the M Street SE Page 1 of 13 PW.1 Page 37 of 169 Underpass. Project Engineer Lee explained that the overall cost of the project is within the project’s contingency and well under the amount budgeted, in response to a question asked by Vice-Chair Peloza. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee recommend City Council approve Final Pay Estimate No. 8 to Contract No. 12-04 in the amount of $0.00 and accept construction of Project No. CP0915, Well 1 Transmission Main. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 4996 (Elwell) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Payback Agreement Between the City of Auburn and SFGVI Properties LLC for Developer's Sanitary Sewer Extension Using a map of the development area, Sanitary Sewer Engineer Elwell identified the location of the sewer facility extension for the SFGVI Properties. Elwell explained that adoption of Resolution No. 4996 would authorize a Payback Agreement with SFGVI Properties, LLC. Property owners of properties that benefit from the extension will be assessed charges if and when they receive a permit to connect to the sewer system. Sanitary Sewer Engineer Elwell identified the properties, adjacent to the extension that would pay a frontage charge equal to half the cost of the adjacent pipe located along their property frontage. Elwell then identified the properties that would pay an Area Charge based on the number of Residential Customer Equivalents (RCEs) they have at the time they connect to the system. Chairman Wagner asked if the agreement is a 20-year Payback Agreement. Sanitary Sewer Engineer Elwell stated that in the past the agreements have been for 15 years, but the state law was changed and it is now 20 years. Sanitary Sewer Engineer Elwell answered questions asked by Chairman Wagner regarding administration fees. Member Osborne asked if the lots by the cemetery will be developed soon since they are so close to the sewer extension. Sanitary Sewer Engineer Elwell stated that the properties were purchased by the City Page 2 of 13 PW.1 Page 38 of 169 for the Cemetery. Sanitary Sewer Engineer Elwell stated that the total amount of assessments that may be collected is $562,000.00 if all properties were to develop, as anticipated, within the 20-year time frame, in response to a question asked by Chairman Wagner. Sanitary Sewer Engineer Elwell spoke about the experience City staff has with administering Payback Agreements, following a question asked by Vice-Chair Peloza. Assistant Director/City Engineer Selle explained how the agreements are tracked and administered by staff. The Committee and staff discussed the motivation for developers to enter into Payback Agreements and possible risks involved. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee recommend City Council adopt Resolution No. 4996. Motion carried 3-0. B. Resolution No. 4998 (Bailey) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute a Contract Between the City of Auburn and the City of Algona for Decant Facilities Usage and Street Sweeping Services Chairman Wagner asked if there were any risks to the City by entering into the contract. Maintenance and Operations Manager Bailey answered that there are no risks and contract is a renewal of a contract entered into three years ago and the renewal includes the ability to renew for an additional three years. Bailey stated that some of the costs were also changed from the original contract. Maintenance and Operations Manager Bailey explained that any additional cost of disposal of any hazardous waste materials may be charged to the City of Algona, in response to questions asked by Chairman Wagner. Maintenance and Operations Manager Bailey stated that the contract also allows for the City of Auburn to stop taking material from the City of Algona in the future. Vice-Chair Peloza noted that the agenda bill did not identify that the contract is a renewal and not a new contract. Maintenance and Operations Manager Bailey explained the cost for services charged to the City of Algona, in response to questions Page 3 of 13 PW.1 Page 39 of 169 asked by Member Osborne and Vice-Chair Peloza. Vice-Chair Peloza asked that the language of Exhibit A, Item 4B, be more specific and include the phrase, “per Item 4A.” Chairman Wagner recommended making an amendment on the floor of the City Council Meeting to make the language consistent between Items 4A and 4B by including the word “handling” in Item 4A and the word “testing” and phrase “reference Item 4A for the fees” in Item 4B. The Committee agreed. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve the Public Works Committee recommend City Council adopt Resolution No. 4998, as amended. Motion carried 3-0. IV. DISCUSSION ITEMS A. Ordinance No. 6474 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, Amending Ordinance No. 6432, the 2013-2014 Biennial Budget Ordinance, as Amended by Ordinance No. 6456 Ordinance No. 6462, Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6481, and Authorizing Amendment to the City of Auburn 2013-2014 Budget as Set Forth in Schedule “A” and Schedule “B” Chairman Wagner asked if the downtown property sales in the amount of $1,045,300.00 were included on the budget amendment spreadsheet. Finance Director Coleman answered that the amount is shown in Schedule A, page 67 of 172, of the agenda packet, Mitigation Fee Fund. Finance Director Coleman explained that the amount of the Traffic Impact Fees listed on Schedule A is being driven by the estimated number of multi-family units included in the Teutsch development, in response to questions asked by Chairman Wagner. Chairman Wagner and the Committee discussed past Council conversations regarding the impact of the incentive to the General Fund. Finance Director Coleman and Planning Manager Chamberlain answered questions asked by Chairman Wagner regarding impact on the General Fund for other developer incentives. Finance Director Coleman and IT Customer Support Manager Stowe responded to questions asked by Vice-Chair Peloza regarding the funding being requested by the Innovations and Technology Department (IT) for staff stand-pay for evenings and weekends. Page 4 of 13 PW.1 Page 40 of 169 Member Osborne asked if the Administrative Assistant funding requested by IT is related to recent service agreements. Finance Director Coleman explained that IT is the only department without an Administrative Assistant and currently administrative work is being done by the IT Director and IT staff. Chairman Wagner asked that the program improvement form be included to provide the Committee with additional information regarding the need for additional staff. Finance Director Coleman answered questions asked by Member Osborne regarding the King County District Court Transition line items on Schedule A. B. August 2013 Financial Report (Coleman) Finance Director Coleman spoke about the outlook for the Sewer Utility, in response to questions asked by Chairman Wagner. Coleman stated that staff anticipates the net operating cost to move into the positive by the end of 2014. There were no additional questions from the Committee. C. Online Project Management Software Options (Sweeting) Senior Project Engineer Sweeting gave a PowerPoint presentation on the online project management software staff is proposing to purchase. Senior Project Engineer Sweeting provided the Committee an overview of the City’s Capital Project Program, explaining how staff manages capital improvement and maintenance projects and describing the varying projects which serve multiple areas and range in complexity and size. Sweeting reviewed the annual capital project investment with the Committee. Historically, between 2008 and 2012, the City averaged an investment of $25M per year. The future average, from 2014 through 2018, is approximately $32M per year. Senior Project Engineer Sweeting noted a sustained growth in citywide capital investments. Senior Project Engineer Sweeting spoke about all of the different tools and processes that are currently used for just one of the project management functions, project budget management. Sweeting emphasized the time it takes staff to ensure accuracy and stated that the project management software will make staff more efficient by streamlining all of the functions of project management. Page 5 of 13 PW.1 Page 41 of 169 Chairman Wagner asked if the new software is compatible with the programs that staff currently uses for project management. Sweeting confirmed that all of the software is compatible. Sweeting explained the tools included in the project management software that will improve the efficiency of staff. Senior Project Engineer Sweeting noted that there are other software programs that the City utilizes for permit processing, maintenance management, and financial accounting. All of the programs do well in the functions that they address and staff believes project management software will do the same. Assistant Director/City Engineer Selle clarified that project management software would cover all of the project management activities city-wide, but would not replace or have an impact on the existing programs used by other departments, in response to a question asked by Chairman Wagner. Senior Project Engineer Sweeting explained how the current financial software program will work with the project management software. Following questions from the Committee, Senior Project Engineer Sweeting described the types of reporting functions of which the project management software is capable. Staff evaluated five available software packages and completed a detailed comparison of the top two programs. The E-builder software then underwent a detailed evaluation. Staff attended presentations by E-builder, met with current users, such as the Port of Olympia and attended a webinar with staff from the City of Arlington, Texas, and completed a working review of the system. Finance Director Coleman and IT Customer Support Manager Stowe confirmed that existing City software programs can be integrated to work with E-builder software and the IT Department would provide technical support. Project/Construction Manager Thomas spoke in favor of the City investing in the E-builder software. Senior Project Engineer Sweeting answered questions asked by Member Osborne regarding the amount of staff training time required to bring the software online and provided a general schedule for putting the software into operation. Senior Project Engineer Sweeting said that staff anticipates a start-up time of 6-9 months prior to being fully operational. Assistant Director/City Engineer Selle addressed concerns voiced by Page 6 of 13 PW.1 Page 42 of 169 Chairman Wagner regarding time being spent creating specialized reports using the E-builder software. The Committee and staff evaluated the cost benefits of investing in the project management software program, E-builder, and discussed the proposed funding sources. The Committee supported the purchase of the E-builder software program and the inclusion of the software in the 2013-2014 mid biennial budget adjustment. Senior Project Engineer Sweeting stated that he will be discussing E-builder with both the Planning and Community Development Committee and Finance Committee. D. Resolution No. 4995 (Bailey) A Resolution of the City Council of the City of Auburn, Washington, Declaring Certain Items of Property as Surplus and Authorizing Their Disposal Maintenance and Operations Manager Bailey was present. There were no questions from the Committee. E. Fulmer Well-Field Feasibility Study Update (Repp) Utilities Engineer Repp presented an update on the Fulmer Wellfield Improvement Project to the Committee. Repp summarized the background for the project, explaining that there have been difficulties with the Fulmer Wellfield and the three wells were not producing as originally developed. Utilities Engineer Repp answered questions asked by Chairman Wagner and Member Osborne regarding the design capacity of Wells No. 2, 6 and 7 compared to the water currently available. Repp stated that the City’s consultant has run pumping step tests that estimated the capacity of each of the wells. The consultant has completed physical pump testing at the wells and water quality analysis. Repp reviewed the expected capacity of the wells following recommended well rehabilitation work. The rehabilitation will include physical and chemical cleaning of the wells. Utilities Engineer Repp reminded the Committee that without removing manganese using a treatment system water from Well No. 7 needs to be blended with the water from Wells No. 2 and 6. Director Dowdy explained how the water is blended, in response to a question asked by Vice-Chair Peloza. Page 7 of 13 PW.1 Page 43 of 169 The Committee and staff reviewed an overview of the water quality analysis of the wells. The goals of the project were to determine the causes for the loss of production and equipment failures in the wellfield, determine steps to improve the water quality, and to determine the true production capacity of the wellfield. The consultant, Golder & Associates, have been working with staff to meet the project goals. Utilities Engineer Repp spoke about the consultant’s initial findings and summarized the wellfield condition. The consultant determined that the aquifer is highly production and it does not limit the yield in the wells. The well construction appears to be adequate. The difficulty with the wellfield is what is happening in the wells. The conditions that were noted are substantial encrustation and slime production on all well screens, largely biological in nature and also significant corrosion in the well pump columns and in the well pumps. The Committee and Utilities Engineer Repp discussed the possible causes of the encrustation and corrosion. Repp stated that the consultant is finishing examining potential biological problems and will next start work of the mechanical aspects of the problems with the wellfield. Utilities Engineer Repp answered questions about the consultant contract asked by the Committee. Repp responded to questions asked by Member Osborne regarding the types of materials used in the well construction. Vice-Chair Peloza asked about the consultant work schedule. Repp said that the consultant is expected to complete the first phase of their work, which included a recommendation, in less than two months. As part of the additional work needed, Utilities Engineer Repp explained that the consultant and staff are unable to confirm the actual capacity of any of the wells until a chemical cleaning is conducted. Following the chemical cleaning of the wells the consultant will need to conduct a long term pump test to confirm the well yield and water quality. Staff is recommending to clean Well No. 6, and place the well back into production with a temporary pump and then proceed to work on Well No. 7 improvements, which will include chemical cleaning, manganese treatment, construction of a new pump and column and inclusion of a corrosion control system. The final last effort will be to complete permanent improvements for Well 6 consisting of a new pump, column and corrosion control system for Well No. 6. The Committee and staff discussed the water supply Page 8 of 13 PW.1 Page 44 of 169 summary and cost estimates for the staff recommendations. The Committee asked for more information regarding project scheduling, i.e. when will the work on the wells begin and when will the City start seeing the benefits. Utilities Engineer Repp answered questions asked by Member Osborne regarding how the chemical cleaning of the wells is completed. Chairman Wagner asked for additional clarification on the water purchase cost line included in the cost estimate. Vice-Chair Peloza asked for a schedule showing the project timing and costs. F. Comprehensive Water Plan (Fenhaus) Utilities Engineer Repp presented the scope of service and budget estimate for the Comprehensive Water Plan update to the Committee. Chairman Wagner and staff discussed how the consultant should build a schedule that outlines the Committee review timeline and completion dates for the scope of work tasks and suggested the Committee to focus their review on Task 300 – Policies and Criteria and Task 200 – Planning Considerations. Utilities Engineer Repp responded to questions asked by Chairman Wagner Member Osborne regarding the review of the retail water service area and the consideration of providing service for the Bonney Lake and Lakehaven areas. Utilities Engineer Repp spoke about review of water rights and the relationship between Comprehensive Water Plan, the current water rights, and the Coordinated Regional Water System Plan, in response to an inquire made by Vice-Chair Peloza. Chairman Wagner spoke about the importance of Task 800 – Water Use Efficiency. Member Osborne asked when the City’s Water Quality Monitoring Plan was updated. Repp stated that the plan is updated every time the Department of Health requires the City to do so. The Committee requested that a project review or “lessons learned” activity be included in Task 1000 – Capital Improvements Plan. G. Comprehensive Stormwater Drainage Plan (Carlaw) Page 9 of 13 PW.1 Page 45 of 169 Storm Drainage Engineer Carlaw presented the scope of service and budget estimate for the Comprehensive Stormwater Drainage Plan update to the Committee. Chairman Wagner requested that more research be done to determine how much fee reduction can be justified by Low Impact Development type mitigation and natural geographic land features during either the update of the Comprehensive Plan or the Fee Rate Study. Chairman Wagner also asked that the Muckleshoot Indian Tribe’s (MIT) influence and cooperation be incorporated into the plan statements. Utilities Engineer Repp clarified that Task 7 – Financial Program is also included in both the Water and Sewer Comprehensive Plans, following an inquiry made by Member Osborne. Repp explained that Finance Department staff will be developing the financial projection for all three plans. Repp noted that the Water Comprehensive Plan has slightly different language that the other plans in order to meet the requirements of the Health Department. Assistant Director/City Engineer Selle and Utilities Engineer Repp stated that the Golf Course was not designed to be a stormwater retention facility, in response to a question asked by Member Osborne. Chairman Wagner said review of design and natural geographic land features that benefit the stormwater utility should also be part of Task 7. Storm Drainage Engineer Carlaw noted that the update budget is not much more than the cost of the 2009 plan. H. Comprehensive Sewer Plan (Elwell) Chairman Wagner deferred the Comprehensive Sewer Plan discussion until the next meeting. I. Capital Project Status Report (Sweeting) Item 3 – C201A – M Street Underpass: Senior Project Engineer Sweeting said that the additional parts for the pump station have arrived but the contractor is still waiting for the parts that would allow for the station to be tied into the SCADA System. Assistant Director/City Engineer Selle stated that the project should be completed by the projected finish date, November 2013, in response to a question asked by Chairman Wagner. Item 7 – EM1302 – Hidden Valley Vista Emergency Storm Page 10 of 13 PW.1 Page 46 of 169 Repair: Vice-Chair Peloza reported that he received a citizen comment about the efficiency of the contractor and the amount of communication. Assistant Director/City Engineer Selle explained how the energy from the stormwater will be dissipated, following a question asked by Member Osborne. Item 15 – CP1222 – Citywide Traffic Signal Improvements: Vice-Chair Peloza noted that there is no indication in the project status that the project has been delayed. Senior Project Engineer Sweeting said that the reason the project was delayed was because staff was waiting for a Department of Transportation (WSDOT) approval, following the update of the State Transportation Improvement Plan. Item 16 – CP1118 – Auburn Way South Pedestrian Improvements – Dogwood to Fir Street: Assistant Director/City Engineer Selle stated Director Dowdy is asking MIT Staff to schedule a meeting with the MIT Council to describe the project in more detail to help address any potential issues. Chairman Wagner suggested that staff provided the MIT with a 3D rendering or photos of the project instead of or in addition to a map. Senior Project Engineer Sweeting stated that staff is preparing for the presentation to the MIT and will speak with the consultant to provide appropriate visual aides. Senior Project Engineer Sweeting said that the median between Fir and Hemlock Streets that was included in the last design iteration seen by the committee for project CP1119t was removed, in response to a question asked by Member Osborne. Item 29 – CP1218 – Auburn Way South & Riverwalk Intersection Improvements: Chairman Wagner stated that the City needs to consider initiating a project that constructs a sidewalk down Riverwalk Drive. Chairman Wagner requested that development of a project plan be included on the Action Tracking Matrix. J. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Vice-Chair Peloza made note of the information that he had provided to the Committee about Item 2 – 17th Street SE, K Street SE to C Street SW Trunk Sewer Main Installation. K. Action Tracking Matrix (Dowdy) Item A – Capital Projects Map: Chairman Wagner asked for a map showing both the active and completed projects for the Council Page 11 of 13 PW.1 Page 47 of 169 Offices. Item C – System Development Charges: Utilities Engineer Repp stated that he will check with the consultant about the estimated completion date for the SDCs study, following an inquiry about the schedule asked by Chairman Wagner. Chairman Wagner suggested the Committee review the SDCs before the Cost of Service Analysis. Utilities Engineer Repp agreed that the Cost of Service Analysis should be scheduled for discussion in 2014. Item E – LED Lighting Standards: Chairman Wagner asked about the status of the subjective analysis he had requested. Transportation Manager Para distributed a list of local LED lighting installations for Council to examine. Transportation Manager Para noted that the Downtown area is a retrofit and are not consistent with the typical standard staff is proposing for new roadways. Chairman Wagner asked for more specific instruction for the Council, asking them to note not only their opinion on the glare, color, and brightness, but instructing them to also comment on their subjective thoughts about lighting (i.e. can they see their feet, can they read the nearby signage, does the landscape surrounding the lights appear lively). Vice-Chair Peloza recommended a checklist. Item F – Auburn Way South & 17th Street SE: Transportation Manager Para said that the Committee had requested staff look at closing off and not allowing right turns from 17th Street SE at M Street onto Auburn Way, in response to a question asked by Chairman Wagner. Item J – Transportation Impact Fee Structure Analyses: Staff has a meeting scheduled with the Mayor to clarify the information requested. Chairman Wagner asked that the plan for the Riverwalk sidewalks be presented to the Committee in February 2014. Vice-Chair Peloza requested an item be added, requesting staff to investigate odor complaints at Amberview Apartments. Vice-Chair Peloza requested an item be added for staff to follow up with a citizen who had contacted the City regarding installation of speed humps. Page 12 of 13 PW.1 Page 48 of 169 V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 6:22 p.m. Approved this 4th day of November, 2013. Page 13 of 13 PW.1 Page 49 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: October 21, 2013 Minutes Date: October 29, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:November 4, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 50 of 169 Finance Committee October 21, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Chair John Partridge, Vice Char Largo Wales, and Member John Holman were present. Staff members present included: Finance Director Shelley Coleman, Innovation and Technology Director Ron Tiedeman, Public Works Director Dennis Dowdy, City Attorney Daniel B. Heid, Sewer Utility Engineer Robert Elwell, and City Clerk Danielle Daskam. Also present was Michelle Binetti. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. October 7, 2013 Regular Meeting Minutes Vice Chair Wales moved and Member Holman seconded to approve the minutes as distributed. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claims voucher numbers 425614 through 425853 in the amount of $7,403,386.03 and dated October 21, 2013. Committee members reviewed claims and payroll vouchers. Committee members briefly discussed claims voucher number 425642 to the Auburn Symphony Orchestra. Vice Chair Wales questioned the attendance history for the past few years for the Auburn Symphony Page 1 of 6 FN.1 Page 51 of 169 Orchestra. Finance Director Coleman stated that she would ask Parks, Arts and Recreation Director Faber to provide the information to the Committee members prior to the next Finance Committee meeting. Chair Partridge confirmed that the last two to three years of statistics would be beneficial. Member Holman questioned whether the Auburn Symphony Orchestra contract elements are being met and the expectations of the contract are fulfilled. Committee members also discussed claims vouchers 425633, 425795, 425635, 425798, and 425763. Public Works Director Dowdy provided a brief update on the reconstruction of H Street NE. Vice Chair Wales requested a review of the Auburn Area Chamber of Commerce contract for economic development and tourism services. Finance Director Coleman stated the contract with the Chamber includes the Tourism Coordinator salary and economic and tourism promotion services. Chair Partridge concurred with Vice Chair Wales and the Committee review the Chamber contract. Finance Director agreed to bring the contract to the next Finance Committee meeting for discussion. Storm Utility Engineer Elwell addressed a question from Committee members regarding voucher number 425763 to Murray, Smith & Associates. Engineer Elwell explained that the firm was engaged to perform a water facilities evaluation study to inventory the age, construction materials, and condition of water facilities and perform field inspections for approximately half of the facilities. The voucher is for work performed. Vice Chair Wales moved and Member Holman seconded to approve and forward the claims and payroll vouchers to Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 534156 through 534193 in the amount of $915,812.51 and electronic deposit transmissions in the amount of $1,276,753.01 for a grand total of $2,192,565.52 for the period covering October 3, 2013 to October 16, 2013. See claims vouchers above for approval of payroll vouchers. III. RESOLUTIONS A. Resolution No. 4995 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their Page 2 of 6 FN.1 Page 52 of 169 disposal Director Dowdy presented Resolution No. 4995 which authorizes the surplus of equipment, electronics, and a vehicle of no further use to the City. Member Holman moved and Vice Chair Wales seconded to approve and forward Resolution No. 4995 to the full City Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 IV. DISCUSSION ITEMS A. August 2013 Financial Report (Coleman) Finance Director Coleman presented the August 2013 Financial Report. Director Coleman noted General Fund revenues exceeded budget by $1.5 million and exceeded collections for the same period last year by $792,000.00. The General Fund expenditures are below the budget estimates. During the month of August, 377 pet licenses were sold (compared to 526 in 2012) resulting in $11,660.00 in revenue. Year-to-date, 3,434 licenses have been sold (compared to 4,061 in 2012) bringing in a total of $102,515.00. Finance Director Coleman noted the real estate excise tax will exceed budget estimates for this year. There was brief discussion regarding the status of the Redflex contract. Finance Director Coleman stated the contract will be discussed by the Municipal Services Committee on October 28th at which time it is expected the Committee will make a decision regarding whether to issue a Request for Proposals for red light enforcement. The Golf Course ended the period with an operating loss of $85,200.00 compared to an operating loss of $158,500.00 for the same period last year. Member Holman reported the City of Renton golf course receives revenue from the utility fund as the Renton Golf Course is the City's well site. Member Holman questioned whether the Auburn Golf Course should be receiving revenue from the storm drainage utility since the golf course becomes a drainage field during the rainy season. Finance Director Coleman advised that staff is investigating this question. The Cemetery ended August with a net operating income of Page 3 of 6 FN.1 Page 53 of 169 $53,900.00 compared to an operating loss of $124,600.00 for the previous year. B. Ordinance No. 6474 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013-2014 Biennial Budget Ordinance, as amended by Ordinance No. 6456 Ordinance No. 6462, Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6481, and authorizing amendment to the City of Auburn 2013-2014 Budget as set forth in Schedule “A” and Schedule “B” Finance Director Coleman presented Budget Amendment No. 6, which incorporates all the budget amendments approved in 2013 and carried forward to next year's budget. The budget amendment also includes project expenses that were previously approved in 2013 but will require carry forward to 2014 to enable project completion, revenue adjustments to increase property taxes, sales taxes, and building permit and plan check fees. The budget amendment includes three new staffing positions: Records Clerk for the Legal Department, an Administrative Assistant for the Innovation and Technology Department, and a Mechanic for the Public Works Department. There was brief discussion regarding the purpose and need for the new staff positions. Member Holman stated that he would like statistics on the number of full-time employee hours spent or costs associated with responding to public disclosure requests. He would like the statistics in preparation for the state legislature's future consideration of the Public Records Act. The budget amendment also reflects the downtown property sales, an adjustment to the Fire Pension Fund to fully fund its pension liability for retired firefighters, funding for the KidStock community festival, and Innovation and Technology stand-by pay. Finance Director Coleman reported the Ordinance will come back to the Committee for review in November. The Ordinance will be presented to other committees for review. C. Resolution No. 4997 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of grant funds in the amount of One Hundred Eight Thousand Eight Hundred Sixty-nine dollars ($108,869.00), and authorizing the Mayor to execute an interlocal agreement between the Department of Ecology and the City of Auburn to accept said funds for implementation of the 2013-2015 Coordinated Prevention Grant Program Finance Director Coleman presented Resolution No. 4997, which will Page 4 of 6 FN.1 Page 54 of 169 accept a Department of Ecology grant in the amount of $108,869.00 to promote waste reduction and recycling. The 25 percent matching share will come from a King County Waste Reduction and Recycling Grant. Staff will use the grant funds to promote waste reduction and recycling to residents. Special emphasis will be placed on reaching non-English speaking residents and mobile home parks. Staff will continue the School Recycling and Waste Prevention Campaign directed at Auburn School District students. D. Resolution No. 4996 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement between the City of Auburn and SFGVI Properties LLC for Developer's Sanitary Sewer Extension Public Works Director Dowdy and Sanitary Sewer Engineer Elwell presented Resolution No. 4996, which authorizes a Developer's Payback Agreement with SFGVI Properties. Engineer Elwell reviewed the sewer payback area on a map titled Stipp's Meadow Sewer Payback Area. Engineer Elwell explained that when a developer constructs a significant piece of infrastructure to serve their development, the City requires design and capacity to serve other unserved property owners in accordance with the Comprehensive Plan. In the development of Stipp's Meadow and Mountainview Estates, the developer constructed the sewer line to and through their property, which was designed and constructed with sufficient capacity to provide benefit to additional properties not currently served with sanitary sewer. The Payback Agreement allows the developer to recoup some of the costs for extending the sewer line from those properties not currently served with sanitary sewer service. E. Resolution No. 4998 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract between the City of Auburn and the City of Algona for decant facilities usage and street sweeping services Public Works Director Dowdy presented Resolution No. 4998. The Resolution authorizes an agreement with the City of Algona to allow Algona to utilize the City of Auburn's decant facility. The agreement also provides the City of Auburn will supply street sweeping services for the City of Algona. Director Dowdy stated the agreement continues an existing service and provides an update to the agreement to reflect current cost of service. Director Dowdy reported the Public Works Committee amended the agreement slightly during their meeting earlier today, and Councilmember Wagner will present the amendment on the floor of the City Council meeting later this evening. Page 5 of 6 FN.1 Page 55 of 169 V. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:56 p.m. APPROVED this _______ day of ___________________, 2013. ______________________________ ____________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 6 of 6 FN.1 Page 56 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: October 23, 2013 Minutes Date: October 30, 2013 Department: Planning and Development Attachments: Minutes - October 23, 2013 Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:November 4, 2013 Item Number:CC.1 AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 57 of 169 Les Gove Community Campus October 23, 2013 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Rich Wagner called the meeting to order at 4:58p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, One East Main Street, Auburn, Washington A. Roll Call Chair Rich Wagner, Vice-Chair Largo Wales, and Member Wayne Osborne were present. Staff members present were Advisor to the Mayor Michael Hursh; Parks, Arts and Recreation Director Daryl Faber; Planning and Development Director Nancy Welch, Finance Director Shelley Coleman, and Office Assistant Sue Van Slyke. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - October 10, 2013 (Welch) Member Osborne moved and Vice-Chair Wales seconded to approve the October 10, 2013 minutes as written. Motion carried unanimously. 3-0 III. DISCUSSION ITEMS A. Operating and Financial Plan (Faber/Coleman) Chair Wagner reviewed the draft Operating and Financial Plan (previously known as the Business Plan) and discussed changes, the need for additional information, and clarification in various sections of the plan. Page 1 of 2 CC.1 Page 58 of 169 B. Flag Pavilion Planning Committee (Faber) The LGCC Committee will be working to select members for the formation of a Flag Pavilion Planning Committee. A preliminary list of example topics and discussion items for this new committee to consider was presented and the LGCC members concurred that the deadline for the recommendations from the Flag Pavilion Planning Committee would be early February. C. Action Tracking Matrix (Wagner) The draft Action Track Matrix was reviewed by the Committee and the following updates were recommended: 1. Combine line items B and C 2. Eliminate line item N 3. The Committee requested various Review and Completion timeline updates. The next scheduled LGCC meeting for November 27, 2013 will be rescheduled to December 4, 2013 at 5:00 p.m. The meeting on December 26, 2013 will be canceled. IV. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 6:00 p.m. APPROVED THIS _________ day of ____________________, 2013 ___________________________________ Rich Wagner, Chair ___________________________________ Sue Van Slyke, Office Assistant Page 2 of 2 CC.1 Page 59 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the October 21, 2013 Regular Meeting Date: October 31, 2013 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:November 4, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 60 of 169 City Council Meeting October 21, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne and John Holman. Department directors and staff members present: Chief of Police Bob Lee, City Attorney Daniel B. Heid, Public Affairs and Marketing Liaison Dana Hinman, Public Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber, Planning and Development Director Nancy Welch, Finance Director Shelley Coleman, Economic Development Manager Doug Lein, Advisor to the Mayor Michael Hursh, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Community Service Excellence Awards Mayor Lewis recognized Becki Myers Hill and Matthew Alexander (age 7) for making a difference, and presented certificates of appreciation for demonstrating through their actions how we can all make Auburn a better place. Mayor Lewis presented each with a medal in honor of their actions. Becki Myers Hill, grandmother of Matthew, explained that from an early age she would take Matthew to Indian Tom Park and Les Gove Park to play. Matthew had an innate sense of right and wrong and was disgusted by the trash left by others in the park. Matthew began picking up the trash and recyclables to help beautify the parks; a practice that has continued over the years and to the extent that Becki Myers Hill purchased a trash picker for both of them. Ms. Hill and her grandson, Matthew, received the congratulations and appreciation from the Council. 2. Scout Pack 418, Webelos 1 Page 1 of 9 CA.A Page 61 of 169 Mayor Lewis recognized members of Scout Pack 418, Webelos 1, and their families in attendance this evening. The scouts are working towards their community service badges. D. Agenda Modifications There was no change to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing on Moratorium Established by Resolution 4992 (Backus/Heid) Resolution No. 4992, adopted September 16, 2013, established an initial one year moratorium prohibiting the City from accepting or processing applications for business licenses and other licenses, permits and approvals for marijuana/cannabis related businesses and uses in all zoning districts in the city of Auburn and set today's date for a public hearing on the moratorium. City Attorney Heid presented the staff report for the public hearing on the initial one year moratorium prohibiting the City from accepting or processing applications for business licenses and other licenses, permits and approvals for marijuana/cannabis related businesses and uses in all zoning districts. City Attorney Heid stated the Washington State law, under Initiative 502 (I-502), is in conflict or inconsistent with Federal law. I-502 empowers cities and counties to take action to make sure zones are appropriate for their use. The moratorium gives the City the opportunity to implement regulations regarding recreational and medical marijuana and to provide zoning and land use regulations related to marijuana/cannabis related businesses. Mayor Lewis opened the public hearing at 7:41 p.m. Jeremy Wright, 2307 56th Street SE, Auburn Mr. Wright expressed opposition to the moratorium. He stated that the one year moratorium contradicts what the state law will allow in the next 30 days and prevent him from operating under a state issued license. There being no further public comment, the hearing was closed. 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. Page 2 of 9 CA.A Page 62 of 169 Battery Bob Miller, 35101 27th Avenue South, Federal Way Mr. Miller presented the Council with a free sample of his business product--triple treat chocolate. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met October 14, 2013. The Committee approved the acceptance of the Lea Hill Park Project construction. Dedication of the new park will take place on October 30, 2013. The Committee also discussed Resolution No. 4997 accepting a grant from the Washington State Department of Ecology for the 2013-2015 waste reduction and recycling grant, animal control and rescue, and the proposals for airport management. The next regular meeting of the Municipal Services Committee is scheduled for October 28, 2013 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met October 14, 2013. The Committee discussed the business licensing process and outreach measures and the Director's report, which included an update on the Mill Creek Wetland Restoration Project and Auburn's participation in a pilot project on Comprehensive Plan Standards for Sustaining Places sponsored by the American Planning Association. The next regular meeting of the Planning and Community Development Committee is scheduled for October 28, 2013 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved a final pay estimate and construction of Public Works Project No. CP0915, the Well 1 Transmission Main. The Committee also approved Resolution No. 4996 authorizing a Sanitary Sewer Payback Agreement with SFGVI Properties LLC and Resolution No. 4998 authorizing a contract with City of Algona for decant facilities usage and street sweeping services. The Committee discussed Ordinance No. 6474 relating to budget amendment number six; the August financial report; on-line project management software options; Resolution No. 4995 regarding surplus property; a water utility report on Fulmer Field well production; the Comprehensive Plan updates for storm, water and sewer; the capital projects status report; significant infrastructure by other jurisdictions; and the Committee's action tracking matrix. The next Page 3 of 9 CA.A Page 63 of 169 regular meeting of the Public Works Committee is scheduled for November 4, 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 $7.4 million including vouchers for construction of local and arterial streets, a water system review project, and the Safe Routes to Schools Project. The Committee also reviewed payroll vouchers in the amount of approximately $2 million. The Committee approved Resolution No. 4995 regarding surplus equipment and vehicle. The Committee discussed Resolution Nos. 4997, 4996 and 4998. The Committee reviewed the August financial report, which revealed the General Fund revenues are $1.5 million above estimates, and the General Fund expenditures are down $2.7 million from estimates. The Committee also reviewed, as part of the financial report, animal licensing, the golf course, and the cemetery. The Committee also reviewed Ordinance No. 6474 relating to the mid-term biennial budget review and adjustment. The next regular meeting of the Finance Committee is scheduled for November 4, 2013 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee met October 10, 2013, where the Committee discussed the business and operation plan for the community center, the flag pavilion, and the Committee's action tracking matrix. The next meeting of the Les Gove Community Campus Committee is scheduled for October 23, 2013. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for November 4, 2013 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. October 7, 2013 Regular Meeting Minutes B. Claims Vouchers (Partridge/Coleman) Claims voucher numbers 425614 through 425853 in the amount of $7,403,386.03 and dated October 21, 2013. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 534156 through 534193 in the amount of $915,812.51 and electronic deposit transmissions in the amount of $1,276,753.01 for a grand total of $2,192,565.52 for the period Page 4 of 9 CA.A Page 64 of 169 covering October 3, 2013 to October 16, 2013. D. Public Works Project No. C0915 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 8 to Contract No. 12-04 in the amount of $0.00 and accept construction of Project No. CP0915, Well 1 Transmission Main E. Public Works Project No. CP1003 (Peloza/Faber) City Council approve final pay estimate and accept completed construction of Lea Hill Park Project, Contract No. 12-13, to Bargmann Enterprises, LLC. F. Call for Public Hearing - 2013-2014 Biennial Budget Mid-biennial Review (Partridge/Coleman) City Council to call for a second public hearing to be held November 4, 2013 to receive public comments and suggestions with regard to the proposed mid-biennial modifications to the 2013-2014 adopted Biennial Budget Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda includes claims and payroll vouchers, public works projects, and a call for public hearing on the 2013-2014 Biennial Budget mid-biennial review. 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. 4995 (Partridge/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 Partridge moved and Councilmember Wales seconded to adopt Resolution No. 4995. Resolution No. 4995 authorizes the surplus of certain items of property (electronics, equipment and vehicle) as surplus. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 4996 (Wagner/Dowdy) Page 5 of 9 CA.A Page 65 of 169 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement between the City of Auburn and SFGVI Properties LLC for Developer's Sanitary Sewer Extension Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4996. Resolution No. 4996 authorizes a Developer's Payback Agreement with SFGVI Properties to provide reimbursement to the developer for the sanitary sewer line that was constructed to and through their property with sufficient capacity for additional property owners. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 4997 (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of grant funds in the amount of One Hundred Eight Thousand Eight Hundred Sixty-nine Dollars ($108,869.00), and authorizing the Mayor to execute an interlocal agreement between the Department of Ecology and the City of Auburn to accept said funds for implementation of the 2013-2015 Coordinated Prevention Grant Program Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4997. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 4998 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract between the City of Auburn and the City of Algona for decant facilities usage and street sweeping services Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4998 with modifications to the contract approved in Public Works Committee as follows: page 2, Section 4.A, insert the word "handling" before the word "processing"; page 2, Section 4.B, insert the word "testing" after the word "processing" and insert "as referenced in Paragraph 4.A above" at the end of the first paragraph. 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. Page 6 of 9 CA.A Page 66 of 169 A. From the Council Deputy Mayor Backus reported on her attendance at the Valley Regional Fire Authority's "Fill the Boot" fundraiser for muscular dystrophy, the senior center coffee hour, the Landmark Development groundbreaking on East Main Street, the ribbon cutting for Tribeca Professional Salon, the Valley Regional Fire Authority Board of Governance meeting, the Auburn School District Reaching Out Fair for middle school students, the Auburn Valley Humane Society Barktoberfest, a neighborhood meeting at Carrington Pointe, the Outlet Collection grand opening, a Valley Regional Fire Authority Board of Governance special meeting, a one-day playground construction at Brannan Park funded by KaBoom! and Delta Airlines with the help of other organizers, and the White River Valley Museum harvest ball. Deputy Mayor Backus announced that Delta Airlines donated $10,000 to the City of Auburn for the Brannan Park project and donated $10,000 to the Auburn Food Bank. Councilmember Wagner reported on his attendance at the Landmark Development groundbreaking on East Main Street where a new six- story mixed use residential/retail building will be constructed, the Reaching Out Fair, the Valley Regional Fire Authority Board of Governance meetings, and the Outlet Collection grand opening. Councilmember Wales reported on her attendance at the Landmark Development groundbreaking and the White River Valley Museum harvest ball. Councilmember Wales reported on her attendance at the King County Board of Health meeting where it was reported that over 60,000 people in the state of Washington have enrolled in the Affordable Health Care Act programs and King County Health representatives are assisting the 180,000 eligible King County residents to enroll in the health care programs. King County Health is also reviewing the impact of the loss of the Medicaid match for the county for low income persons. Councilmember Holman reported he attended many of the functions already mentioned by other Councilmembers. Councilmember Peloza wished his wife, Joyce, a happy 56th wedding anniversary. Councilmember Peloza reported on his attendance at the Bow Lake Transfer Station ribbon cutting ceremony, the South County Area Transportation Board meeting, the Landmark Development groundbreaking on East Main Street, the Regional Policy Committee meeting, the Auburn School District Reaching Out Fair, the Outlet Collection grand opening, and the White River Valley Museum Harvest Ball. Councilmember Osborne reported that he attended many of the Page 7 of 9 CA.A Page 67 of 169 events already described by other Councilmembers. He reported on his attendance at the King County Regional Transit Committee meeting where the focus of discussion was the proposed 17 percent reduction in Metro transit services slated for 2014. Additionally, another 45,000 service hours are at risk if the Alaskan Way Viaduct mitigation funds are not renewed. Councilmember Osborne reported that all routes will be impacted and some routes will be eliminated. Councilmember Osborne also reported that Metro had proposed 510,000 hours in additional services, but instead are looking to reduce transit services by 645,000 hours. Councilmember Partridge reported on his attendance at the King County Regional Law, Safety and Justice Committee, the Landmark Development groundbreaking on East Main Street, the Auburn School District Reaching Out Fair, the Auburn Valley Humane Society Barktoberfest fund raiser, the Auburn Area Chamber of Commerce meeting, the Outlet Collection grand opening, the KaBoom! playground construction at Brannan Park, and the Auburn Valley Creative Arts fund raiser. B. From the Mayor Mayor Lewis reported that he served as the moderator for a countywide telephone transportation town hall meeting. Mayor Lewis also reported on his attendance at the King County Regional Policy Committee meeting where discussion included the cost of construction of solid waste transfer stations, the Senate transportation listing tour, the Landmark Development groundbreaking on East Main Street, the City's sale of the remaining catalyst blocks in the downtown, the Tribeca Professional Salon ribbon cutting, an Eagle Scout award ceremony, the David Spangler history project, the Outlet Collection grand opening, a meeting of the cities and school districts of South King County as part of the Road Map Project, the Valley Regional Fire Authority Board of Governance meetings, and the White River Valley Museum harvest ball. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:05 p.m. APPROVED this _____ day of _________________, 2013 __________________________ __________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 8 of 9 CA.A Page 68 of 169 Page 9 of 9 CA.A Page 69 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the September 30, 2013 Committee of the Whole Meeting Date: October 28, 2013 Department: Administration Attachments: September 30, 2013 COW Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:November 4, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 70 of 169 Committee of the Whole September 30, 2013 - 5:00 PM Council Chambers MINUTES I. CALL TO ORDER Deputy Mayor Nancy Backus called the meeting to order at 5:00 p.m. in Council Chambers located at Auburn City Hall, 25 West Main Street in Auburn. Councilmembers present included Deputy Mayor Backus, Rich Wagner, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne, and John Holman. Department Director and staff members present were Finance Director Shelley Coleman, Planning and Community Development Director Nancy Welch, Environmental Services Manager Chris Andersen, Public Works Director Dennis Dowdy, Economic Development Manager Doug Lein, City Attorney Dan Heid, Parks, Arts and Recreation Director Daryl Faber, Police Chief Bob Lee, and Deputy City Clerk Shawn Campbell. II. DISCUSSION ITEMS A. John White, WSDOT Presentation on Gateway Project Director Dowdy introduced John White from the Washington State Department of Transportation (WSDOT). Mr. White stated he is the Director of Tolled Corridor Development at WSDOT. The completion of SR 167 and SR 509 are the two items slated for completion with the tolled corridor development. Completion of these roads is important to remain competitive in the global marketplace as well as local mobility and the local economy. Because these roads have not been finished the other roads in the area have additional traffic that they were not designed to accommodate. Completing the two highways will alleviate some the traffic problems in the area. WSDOT is considering additional express toll lanes simular to what is currently on SR 167. WSDOT assembled a stakeholders committee consisting of representatives from local jurisdictions along SR 167 and SR 509. The stakeholders agreed upon a phased approach that offers commuter and freight mobility benefits through added capacity and improved connectivity. The key principles agreed upon were: prioritize initial Page 1 of 4 CA.B Page 71 of 169 connections, provide full freight connectivity, meet the needs for freight and commuters and adding capacity. Mr. White explained that the project is broken into phases to allow for expansion as needed in the future. The Washington State House of Representatives has adopted the project but the Senate has not taken it up. WSDOT is expecting the Senate to take the project up in a special session. The total cost of phase one is $1,609,000,000.00 to $1,780,000,000.00. Funding will consist of toll revenue, stakeholder partnerships and the funding gap. In order to move forward with phase one the project will need additional funding. Once funding has been secured the project could be under construction within three years. Councilmember Peloza asked for the drop dead date for funding based on the current development schedule. Mr. White responded WSDOT is hoping the legislature adds additional funding at a special session in 2013. If an additional revenue stream is not available the project can start moving forward now with limitations. Once a new revenue package is adopted the project can move forward faster. Councilmember Wales clarified the funding gap is expected to come from a gas tax. She asked why WSDOT is going to charge a toll instead of increasing the gas tax to cover all of the additional funds needed for the project. Mr. White stated the value of the toll in not only contributing revenue the but also managing demand on the new roads. Without tolling, the roads will default back to needing additional lanes. Councilmember Wales asked if once the bond has been paid for if the toll would be removed from the roads. Mr. White said the legislature has to authorize tolling and they can choose to remove it or not at the end of the bond. Mayor Lewis said the shippers of the far east will send their products to other ports if this project does not move forward. He stated 31 percent of the gross domestic trade in the area will be lost if the container ships use a different port. B. History of Auburn’s Membership & Benefits Presented by Nancy Welch, Planning & Development Manager Environmental Services Manager Chris Andersen gave a brief history of ICLEI. He listed the resources that have been provided to the City in the past by being a member of ICLEI. Page 2 of 4 CA.B Page 72 of 169 Deputy Mayor Backus asked if other agencies could provide the same type of resources, and if there is any negative aspect to only purchasing a membership when the services are needed. Environmental Services Manager Andersen stated other agencies also provide the same type of services. He is unsure of the associated cost of the other agencies. The membership is open, the City can join at anytime without penalty. Mayor Lewis stated the membership currently has no benefit to the City. If the City needs this type of service in the future a new contract can be entered into. C. Economic Development Update Presented by Doug Lein, Economic Development Manager Economic Development Manager Doug Lein presented the Council with the year to date numbers of applications and dollar value for 2012 and 2013 for single family residents, commercial development, new business licenses, real estate excises tax, sales tax revenue and grant funds. Economic Development Manager Lein provided the Council with an update on the projects moving forward in the City including the Trek project ground breaking, the Outlet Collection grand unveiling, Orion Industries completion date of December 2013, Auburn Market Place completion date of December 2013, and Glacia Nova Glacier Water Company will be opening in the spring 2014. The City is working with the Tourism Board to attract smaller conventions to the City. The mid 2013 strategies include expanding efforts with retail clusters, updating planning strategy areas, outreach to non licensed businesses, moving forward with the IPZ, and proactive contact with tier 2 blocks in the downtown area. Councilmember Wales stated there is a large variety of new businesses. She requested the City continue to work on renting the empty buildings in the downtown area. Mayor Lewis stated the City is currently working with people to purchase the property in the downtown area. Mayor Lewis also noted there is one City based IPZ in the state and Doug Lein is the chair of the IPZ Committee. Councilmember Peloza asked if the City has a way to coordinate with the Washington State Business Licensing department to ensure everyone who has a business in the City has a City of Auburn business license. Deputy Mayor Backus said the City is currently working on this. Page 3 of 4 CA.B Page 73 of 169 III. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 6:47 p.m. APPROVED the 4th day of November, 2013. ___________________________ _____________________________ Nancy Backus, Deputy Mayor Shawn Campbell, Deputy City Clerk Page 4 of 4 CA.B Page 74 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: October 31, 2013 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the claims vouchers as part of the Consent Agenda. Background Summary: Claims voucher numbers 425854 through 426052 in the amount of $1,035,138.61 and dated the 4th day of November, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:November 4, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 75 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: October 31, 2013 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers as part of the Consent Agenda. Background Summary: Payroll check numbers 534194 through 534224 in the amount of $310,288.11 and electronic deposit transmissions in the amount of $1,332,499.47 for a grand total of $1,642,787.58 for the period covering October 17, 2013 to October 30, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:November 4, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 76 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1307 Date: October 29, 2013 Department: Public Works Attachments: Budget Status Sheet Bid Tab Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Limited Public Works Contract No. 13-17, to RW Scott Construction Company on their low bid of $33,260.00 plus Washington State sales tax of $3,153.20 for a total contract amount of $36,413.20 for Project No. CP1307, Control Structure Installation Project. Background Summary: The purpose of this project is to install storm water control structures in five existing storm water manholes shown on the attached maps as required for compliance with the City’s National Pollutant Discharge Elimination System (NPDES) permit. The purpose of the control structures is to control the rate of storm water flow going out of the storm ponds located at A St SW, C St SW and Lake Tapps Parkway SE during rain events. Construction of this project is anticipated to start mid-November and be complete by the end of 2013. The lowest responsive and responsible quote exceeded the Engineer’s estimate. Staff recommends award of this project for the following reasons: 1.Responsive and responsible quotes were received from two contractors and were approximately $1,836 apart indicating competitive bids were received for the work. 2.Re-soliciting quotes for this project may increase the total cost of the work since construction would be delayed to next year, and it is important to get this work constructed as soon as possible to remain in compliance with the City’s NPDES permit. 3.Due to the custom fabrication required to retrofit each control structure and install them within the existing manholes, the costs were difficult to estimate as it is very AUBURN * MORE THAN YOU IMAGINEDCA.E Page 77 of 169 dependant on the Contractor’s means and methods. A project budget contingency of $2,945 remains in the 432 (Storm) Fund. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:November 4, 2013 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 78 of 169 H:\PW COMMITTEE\Agenda Bills and Attachments\11.04.13\CP1307\Budget Status Sheet.xlsx 1 of 1 Project No: CP1307 Project Title: Project Manager: Seth Wickstrom Project Initiation Initiation Date: _November 4, 2013______ Permision to Advertise Advertisement Date: _October 10, 2013 Contract Award Award Date: ________________________ Change Order Approval Contract Final Acceptance Funding Prior Years 2013 2014 Future Years Total 432 Fund - Storm R&R Program**50,000 50,000 Total 0 50,000 0 0 50,000 Activity Prior Years 2013 2014 Future Years Total Design Engineering - City Costs 4,000 4,000 Construction Estimate 36,413 36,413 Project Contingency (10%)3,641 3,641 Construction Engineering - City Costs 3,000 3,000 Total 0 47,055 0 0 47,055 Prior Years 2013 2014 Future Years Total *432 Funds Budgeted ( )0 (50,000)0 0 (50,000) 432 Funds Needed 0 47,055 0 0 47,055 *432 Fund Project Contingency ( )0 (2,945)0 0 (2,945) 432 Funds Required 0 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. ** This is a portion of the 2013 annual budget for the Storm Repair & Replacement Program. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET Control Structure Installation Project Date: October 28, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. 432 Storm Budget Status CA.E Page 79 of 169 QUOTE TOTACS 3UMMARY ProJect Name: CP7307, Control Structure Installadon Project Prepared by: Cily oi Aubum Bid bate: 10/2M13 ENGINEER S ESTIMATE: S 22,600.00 AVERAGEBASIC BID AMOUNT: $34,700.00 BASIC BID SPREAD'AMOUNT: $ 1,680.00 BasicBlD Amount Spread$ Spread% LOW BIDDER: RW Scott ConsWcdon,Co. S 33,260.00 E10,660.00 47.17% Second Bidder. Northwest Cascade, Inc: 34,940.00 72,340.00 54.60% Basic BID(Tax not Included) Total BID(Tax Included) RW Scott Construction,Co. E 33;260.00 38,413.20 NoRhwest Cascade, Inc.E 34,940.00 38;256:10 10@8l2013(11:39.AM) h:\projlbidiatis\CP1307 BT.xls t CA.E Page 80 of 169 CA.E Page 81 of 169 CA.E Page 82 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Consultant Agreement No. AG-C-437 with MIG, Inc. Date: October 29, 2013 Department: Planning and Development Attachments: Scope of Work Budget Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-437 with MIG, Inc. for visioning for the major update to the Comprehensive Plan Update. Background Summary: The City of Auburn is embarking on its major update to the Comprehensive Plan as required under RCW 36.70A.130 (Growth Management Act). Auburn is required to have its update complete by June 30, 2015. In previous discussions with the Planning and Community Development Committee (PCDC), the Committee is supportive of the approach to overhaul the comprehensive plan and beginning with an updated vision for the City. To assist staff with this effort, a consultant is proposed to be brought on board. The City issued a Request for Qualifications in August 2013 with a submittal deadline of September 3, 2013. We received six submittals that were reviewed by a committee of multiple City departments. We interviewed two firms and the committee selected MIG, Inc. Attached to this memo is the scope of work for the visioning portion of the Comprehensive Plan Update. The scope of work has been structured to have MIG support City staff by creating the tools needed for outreach, with staff and electeds as the face of the outreach, support the City’s social media outlets with information on the visioning work, provide materials for website updates, and compile all the information gathered through the various outreach efforts to create an updated vision. The budget for this project has been allocated in the Planning and Development Department’s 2013- 2014 budget under professional services. At the October 28, 2013 Planning and Community Development Committee meeting, the Committee recommended approval of the consultant agreement with MIG, Inc. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDCA.F Page 83 of 169 Planning And Community Development, Public Works Councilmember:Backus Staff:Welch Meeting Date:November 4, 2013 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 84 of 169 Exhibit A Agreement No. AG-C-437 Page 1 of 10 EXHIBIT A SCOPE OF WORK MIG, Inc. is pleased to submit the following scope of services in support of the City of Auburn Visioning process. This scope of work is organized according to four primary tasks: Task 1. Background and Process Foundation Task 2. Marketing and Promotions Task 3. Engagement Tools and Methods Task 4. Vision Development Given the nature and timeline of this project, many work items will be underway concurrently at any given time. MIG anticipates initiating items under Task 1 immediately following contract execution. Broad community outreach is anticipated to begin as early as December 2013, with the majority of outreach and engagement activities beginning in the New Year. While many of the following sub‐tasks identify the need for specific coordination calls with the City, we anticipate strategic, ongoing coordination meetings by phone with Planning staff to ensure timely and effective process implementation. Task 1. Background and Process Foundation Task 1.1: Project Initiation The MIG project team will meet with City project staff in the MIG Portland office for a 1‐2 hour project initiation meeting. This meeting will focus on identifying key City‐ wide issues for consideration, and clarifying roles and responsibilities for those involved in the project. We will also begin planning for subsequent activities by discussing key background documents and data (see Task 1.2), identifying stakeholders to interview (see Task 1.3), and determining a preliminary schedule for initial deliverables under Task 1. Deliverable: 1) Brief notes on next steps; 2) Revised project timeline Task 1.2: Background Document Review MIG will review select City documents including goals and policies of the current Comprehensive Plan. The goal of the background document review is to help identify the issues and topics to explore during the visioning process. Primary documents include relevant community and facility master plans, the annual citizen survey, and key health impact assessment documents. The City will be responsible CA.F Page 85 of 169 Exhibit A Agreement No. AG-C-437 Page 2 of 10 for identifying the most salient documents and providing the documents for review in a timely fashion. Deliverable: None Task 1.3: Communications and Outreach Plan MIG will develop a Communications and Outreach Plan to help guide the overall visioning process. The Plan will be developed based on the four principles outlined in the City’s original RFQ: it will establish a process that is “inclusive”, “cohesive”, “accessible” and “City‐driven”. The plan will articulate communications, outreach and community engagement objectives and will build on the tasks identified in this scope to establish the strategy and timeline for this project. The Plan will include key messages, target audiences and participants, and outreach tools and methods. This task includes one one‐hour call involving the Community Services Division to gain a greater understanding of our target markets. The focus will be to determine how to engage low‐income, second language and traditionally underrepresented or hard to reach populations. Deliverable: Communications and Outreach Plan Task 1.4: Stakeholder Interviews The MIG Team will conduct 12‐15 stakeholder interviews by telephone. Interviews will be designed to explore community values, key and emerging trends, City strengths, issues and challenges, and opportunities. Interviews may also be used to inform the Communications and Outreach Plan as well. Potential interviewees include City Council members, citizens, chamber of commerce or business representatives, community leaders or community‐based organizations, and key regional partners. The City will be responsible for providing a comprehensive list of potential interviewees and interviewee contact information, including both phone and email. MIG will develop the interview instrument and will schedule all interviews. Deliverable: Interview Questions Task 1.5: Interview Summary Memo: Trends, Issues and Opportunities MIG will produce a memo summarizing key findings from the interviews, documenting key strengths, challenges and opportunities for the City moving forward. The stakeholder interview summary will provide a substantive foundation for subsequent discussions with the community. Deliverable: Interview Summary Memo CA.F Page 86 of 169 Exhibit A Agreement No. AG-C-437 Page 3 of 10 Task 2. Marketing and Promotions Task 2.1: Visioning Brand MIG graphic designers will develop an established graphic “look and feel” for all project communications and materials. This will include a project logo and/or banner, color palette and typography for use on printed collateral, as well as a template for PowerPoint presentations. MIG will finalize the visioning brand based on no more than two rounds of consolidated City comments. Deliverables: 1) Project banner (for web and print); 2) PowerPoint template Task 2.2: Social Media Strategy and Content MIG staff will hold one telephone meeting with the Mayor’s Office and Planning staff at the outset of the project to gain greater understanding of shared marketing objectives and City protocol with respect to use of social media and public relations overall. Outcomes of this discussion will be reflected in the Communications and Outreach Plan (see Task 1.3). The MIG team will provide web content for the City’s visioning webpage at key milestones throughout the process, as well as web‐ready materials for the City to post. An effective social media strategy will be a key component of the Communications and Outreach Plan. MIG will provide the City with the content and direction required to implement the agreed upon social media strategy using Auburn’s existing Facebook and Twitter portals. The following tactics show a few recommended uses of social media channels, based on our current assumptions of the communications objectives for the visioning project.  Dedicated content on Auburn’s Facebook news feed MIG will assist the City in the development of posts related to the visioning process. Posts will be designed to inform the public of the visioning project; to promote upcoming events; and to encourage user engagement through social media channels. Individual posts would use the messaging developed in the Communications Plan and whenever possible would include compelling imagery to spark interest (e.g., historical photos, etc.). MIG would provide the language and imagery for the posts, as well as a recommended schedule for distribution.  Paid promotion of specific posts on Auburn’s Facebook news feed In addition to the “organic” postings, MIG recommends dedicating a portion of the budget to allow for paid promotions of specific posts on the newsfeed. CA.F Page 87 of 169 Exhibit A Agreement No. AG-C-437 Page 4 of 10 A paid promotion ensures that a specific post achieves a greater number of impressions, reaches a wider audience, and has greater longevity than it would if distributed through normal channels. MIG would work with City staff to identify the post(s) that would warrant additional promotion.  Visioning events promoted on Auburn’s Facebook Events page MIG will provide language and imagery to ensure that community meetings and visioning‐oriented events are effectively promoted on Auburn’s existing Facebook Events page.  Enhanced meeting facilitation using Twitter MIG will recommend a process using Twitter to enhance community meetings by providing a dedicated hashtag (e.g., #AuburnVision) allowing participants to tweet questions or comments. Meeting facilitators could then view tweets in real time and respond accordingly. This strategy has an additional benefit in that any tweets made by participants would be seen by their followers, expanding the reach of the event and creating a potential “virtual meeting space.” MIG will coordinate directly with the appropriate City staff during content development, review and submission based on protocol to be determined by the team. This task assumes a level of effort for MIG staff of 4 hours per week over a five‐month period. We propose targeting social media outreach for specific windows of time to maximize effectiveness and will propose a strategy as part of the Communications and Outreach Plan. The City will be responsible for maintaining web pages and links and for managing all website and social media content (i.e., posting all material and updating when needed). City staff will also be responsible for coordinating directly with all outside media and community groups. Deliverables: 1) Content for City visioning webpage; 2) Facebook and/or Twitter content; 3) One paid promotion on Facebook Task 2.3: Press Release and Collateral Development MIG will provide editorial and design assistance for communications materials that will provide City staff with the clear, concise and cogent messaging needed to educate the public about comprehensive planning and to promote the visioning process. Materials may include a short briefing book with key messages, a set of project FAQs for the public, visioning workshop flyers or postcards, and press releases to notify the media of the project. CA.F Page 88 of 169 Exhibit A Agreement No. AG-C-437 Page 5 of 10 The current budget includes three collateral pieces and five press releases. The City will be responsible for distributing all promotional and outreach materials and for providing and proofing any translated copy. For items targeted to the public, MIG will use City copy to create alternative language versions for up to two languages per item. Deliverables: Electronically: 1) Three collateral pieces (e.g., project “FAQs”, visioning workshop flyers or postcards) in English and up to two other languages (City to provide translated copy); 2) Five press releases. Task 3. Engagement Tools and Materials Task 3.1: City Council Briefing Session/s MIG will conduct one day of sessions with City Council after the first of the year to engage returning and new Council members in the Visioning process. The opportunity will also be used to educate Council members about the Comprehensive Plan process. The task will likely be accomplished through a combination of one‐on‐ one meetings and a Committee of the Whole meeting. Deliverables: Session agenda(s) Task 3.2: Visioning Toolkit and Data Entry Module The purpose of the visioning toolkit is to create an alternative to the more formal community workshop. A visioning toolkit includes all the materials needed for community leaders, partner NGOs, neighborhood associations, and even youth leaders or high school teachers to hold a visioning workshop in their community or classroom. Select toolkit components may also be used or adapted for community intercept events, whereby staff would engage people in places and at events they are already attending. The toolkit will include the following items: an agenda, project “FAQs” (developed under separate task), a facilitator’s guide and key talking points, at least one interactive activity with supporting materials, and a sign‐in sheet and feedback form. These kits can be used to meet with citizens in less formal settings in sessions hosted by trusted community‐based and service organizations. The toolkit could also be used to help facilitate conversations of a more formal nature, led by members of the Planning Commission or City Council. MIG anticipates using stakeholder interviews conducted in Task I to help generate interest in the toolkit and identify groups that would be interested in using it to hold their own independent visioning workshops. An outreach strategy for the toolkit will be included in the Communications and Outreach Plan. CA.F Page 89 of 169 Exhibit A Agreement No. AG-C-437 Page 6 of 10 The City will be responsible for all coordination and outreach associated with toolkit distribution and use, and for entering the results of the outreach into the data entry module provided by MIG. MIG will integrate findings into the draft vision framework and Vision Summary Report (see Task 4). Findings may also be used to inform subsequent community outreach and discussions. Deliverables: Toolkit prototype (2 copies) and electronic files to include 1) Agenda; 2) facilitation/discussion guide; 3) visioning poster (interactive); 4) individual feedback form; 5) sign‐in sheet Task 3.3: Community Questionnaire MIG will develop a web‐based questionnaire to engage City residents, businesses, and workers. The questionnaire will also be formatted for hard copy distribution. The questionnaire will be designed to solicit input related to community values and desired character, community priorities, and shared goals and aspirations for the future. The Communications and Outreach Plan (see Task 1.3) will outline an effective approach for spreading the word and sharing the questionnaire. The City will be responsible for all questionnaire‐related outreach. This includes sharing the online link and distributing and collecting hardcopy questionnaires. The City will also be responsible for entering all hardcopy results into the online database. MIG will program and manage the online questionnaire and provide periodic updates regarding response levels. It is anticipated that the questionnaire will remain live and available for at least four weeks. MIG will review and analyze results and develop a summary of questionnaire findings and responses. The task will include formatting all open‐ended responses in a separate document for the City’s records. Deliverables: 1) Questionnaire instrument (introduction, questions, proposed format); 2) Online questionnaire and web link; 3) Hardcopy questionnaire; 4) Brief weekly updates. Task 3.4: Neighborhood Workshop Materials MIG recommends that the City hold a series of neighborhood‐based vision workshops throughout Auburn to facilitate collaborative, face‐to‐face engagement of residents. We recommend holding workshops in each of Auburn’s major neighborhoods, each following the same format. This task includes two one‐hour planning meetings (by phone) to: a) establish the agenda and format; and b) review and refine draft materials prior to workshops. MIG will provide the complete packet of materials needed: an agenda, a sign‐in sheet CA.F Page 90 of 169 Exhibit A Agreement No. AG-C-437 Page 7 of 10 and comment card, a brief PowerPoint with talking points, a small group discussion facilitator’s guide, and up to three presentation boards or meeting handouts. The City will be responsible for planning and coordinating all logistics, facilitating and staffing each workshop, and thoroughly documenting and summarizing workshop findings for inclusion in the vision summary report. Deliverables: Electronic copies of: 1) Agenda; 2) PowerPoint presentation; 3) Display boards; 4) Small group facilitators guide, if warranted; 5) sign‐in sheet; 6) participant comment card Task 4. Vision Development Task 4.1: Draft Vision Summary Report Using all community input received over the course of the process, MIG will develop a vision summary report that clearly describes the visioning process, articulates a draft community vision statement, and outlines preliminary goals, issues and opportunities for further exploration during the formal Comprehensive Plan update process. This draft encompasses the framework for the final vision summary report and will serve as the platform for discussion at the proposed Vision Open House. The City will be responsible for providing any photographs for the report. MIG will format the report using InDesign and will provide one print and web‐ready document electronically. Deliverable: Draft Vision Summary Report. Task 4.2: Vision Open House Materials The City will present the draft community vision statement at an open house targeting members of the public. The open house will provide an overview of the visioning process and presentation and discussion of the draft community vision and preliminary goals, issues and opportunities for the Comprehensive Plan update. MIG will provide the complete set of materials needed for the event. MIG will also create a simple form for the City website to solicit and collect public comment on the draft vision framework and will solicit input via social media. Deliverable: Electronic copies of: 1) Agenda; 2) PowerPoint presentation; 3) Display boards; 4) Sign‐in sheet; 4) Participant comment card; 5) Web link/online comment and feedback form. Task 4.3: Final Commission and Council Presentations MIG will attend and present at up to 2 Commission or Council meetings (2 meetings total). This task includes all travel and preparation, including a brief PowerPoint CA.F Page 91 of 169 Exhibit A Agreement No. AG-C-437 Page 8 of 10 presentation and accompanying hand‐outs, if needed. City staff will be responsible for scheduling the sessions. Deliverable: PowerPoint presentation(s) Task 4.4: Final Vision Summary Report MIG will make any needed revisions to the vision summary document based on public review, staff direction, and final comments from the Planning Commission and City Council. This task includes preparation of a revised draft report (following public review) and the final report. Deliverable: Final Summary Report (pdf and all graphic files with links). Optional Tasks 5.1. Toolkit Production MIG will produce and package the toolkit for the City to distribute. The proposed budget includes up to 30 copies of the visioning toolkit developed under Task 3.2. Toolkits will include basic supplies to hold a small workshop (markers, tape, etc.). Cost of shipping is included in the budget. Deliverable: 30 visioning toolkits. 5.2. In‐Person Toolkit and Facilitation Training MIG is available to provide one or more training sessions for groups including community members, non‐profit groups, Junior City Council members, elected officials and others planning to utilize the visioning workshop toolkit. The training will provide opportunities for practicing facilitation techniques and for MIG to share “tricks of the trade” with workshop leaders. The session(s) can also be designed to help prepare staff and volunteers for community intercept activities. The City is responsible for planning/convening training sessions. Deliverable: Session agenda(s) 5.3. Focus Groups MIG will design and facilitate focus groups with key stakeholders at one milestone during the visioning process. Focus groups can be used to test the draft vision statement and goals, issues and opportunities presented in the draft Community Vision Report. Focus groups held later in the process to test these core concepts may be an effective tool to reach traditionally underrepresented or harder to reach groups, and/or groups who have been underrepresented in the visioning process and require additional targeted outreach to engage. The City will be responsible for session logistics (venue, participant outreach and RSVPs, etc.) CA.F Page 92 of 169 Exhibit A Agreement No. AG-C-437 Page 9 of 10 Deliverable: Focus group questions. 5.4. Facilitation of Community Visioning Workshop MIG is available to facilitate a neighborhood workshop or the Vision Open House (Task 4.2) or another event, at the City’s choosing. MIG will provide two staff members, bring needed supplies (including laptop/projector if needed), facilitate the session, and take summary notes (i.e., a graphic recording) of meeting proceedings. Costs include travel and set‐up/tear‐down. The City is responsible for all other meeting logistics (venue, date, outreach, etc.) Deliverable: 1) Hardcopies of meeting hand‐outs developed under separate task; 2) Photo‐reduction of meeting notes. Scope and Budget Assumptions The following assumptions were used to develop the budget: 1. City staff will provide a single, consolidated set of substantive edits for each draft deliverable document prepared for this project. All comments between commentators must be resolved by the client before providing the comments to the MIG Team. The consultant team will complete one round of substantive client comments on each document (i.e. Draft Vision Summary, Final Vision Summary, etc.). Subsequent edits, such as changes to grammar, punctuation, word choice, etc., will be consolidated to the degree possible. Exception: the current budget assumes two rounds of substantive edits for deliverables under Task 3. 2. The level of effort for each task is specifically identified in the project budget. During the planning process, MIG will provide a single, digital copy of all products and materials prepared for the update process with the exception of the Vision Summary Report. For the Vision Summary Report, the MIG Team will provide the final report in Adobe PDF format and original/editable InDesign files (with text and all graphic links). 3. Unless explicitly detailed in this scope, City staff will be responsible for coordinating directly with outside firms, agencies and departments otherwise involved in the visioning and Comprehensive Plan update process. This includes HIA project staff, consultant and media groups, community‐ based organizations and City departments. 4. Except as listed below, the budget assumes that the client will be responsible for all printing, packaging and mailing costs related to the project, including materials for community workshops, intercept events, workshop notices and copies of the Vision Summary Report and other documents for the public. CA.F Page 93 of 169 Exhibit A Agreement No. AG-C-437 Page 10 of 10 MIG will invoice the client for internal printing and plotting of proofs and internal copies of work products. 5. The MIG Team has assumed up to three person trips within this scope of services (see Tasks 1.4 and 4.4). Trips are each assumed to include one working day of meetings and one overnight stay if needed. Reimbursable expenses are estimated at approximately $250 per person trip. This includes hotel, meals, car rental, and incidental expenses. 6. City staff will provide the consultant with a complete and up‐to‐date GIS database that includes all of the existing conditions and base map information necessary for the planning and design process. Our scope and budget assumes that the information will be up‐to‐date and any cleanup work will be completed by the client. 7. The MIG Team assumes that all data and information provided by City staff is accurate and reliable. Time spent to revise work based on inaccurate or incomplete information is not included in the scope of work or budget. Any corrections or cleanup work will be completed by the client. 8. City staff will provide MIG with information, data, responses, and review in a timely manner that does not delay the process. 9. The Auburn Visioning process is assumed to take no more than 6 months from contract execution through adoption of the final document. 10. City staff will be responsible for all logistics and direct costs related to meetings, workshops and hearings. This includes but is not limited to: mailings, meeting organization, finding and renting facilities, food for meetings and workshops, and translation services and equipment. CA.F Page 94 of 169 e s t i m a t e d p r o j e c t s c h e d u l e 4 1 1 1 8 2 5 2 9 1 6 2 3 3 0 5 1 2 1 9 2 6 2 9 1 6 2 3 2 9 1 6 2 3 3 0 6 1 3 2 0 2 7 1 B a c k g r o u n d a n d P r o c e s s F o u n d a t i o n 1. 1 P r o j e c t I n i t i a t i o n 1. 2 B a c k g r o u n d D o c u m e n t R e v i e w 1. 3 C o m m u n i c a t i o n s a n d O u t r e a c h P l a n 1. 4 S t a k e h o l d e r I n t e r v i e w s ( 1 2 - 1 5 ) 1. 5 I n t e r v i e w S u m m a r y M e m o 2 M a r k e t i n g a n d P r o m o t i o n s 2. 1 V i s i o n i n g B r a n d 2. 2 M e d i a S t r a t e g y a n d S u p p o r t 2. 3 C o l l a t e r a l D e v e l o p m e n t 3 E n g a g e m e n t T o o l s a n d M a t e r i a l s 3. 1 C i t y C o u n c i l B r i e f i n g S e s s i o n / s 3. 2 V i s i o n i n g T o o l k i t a n d D a t a E n t r y M o d u l e 3. 3 W e b - B a s e d C o m m u n i t y Q u e s t i o n n a i r e 3. 4 N e i g h b o r h o o d W o r k s h o p M a t e r i a l s 4 V i s i o n D e v e l o p m e n t 4. 1 D r a f t V i s i o n S u m m a r y R e p o r t 4. 2 V i s i o n O p e n H o u s e M a t e r i a l s 4. 4 C o m m i s s i o n a n d C o u n c i l P r e s e n t a t i o n s 4. 3 F i n a l V i s i o n S u m m a r y R e p o r t 5 O p t i o n a l T a s k s 5. 1 V i s i o n i n g T o o l k i t P r o d u c t i o n 5. 2 I n - P e r s o n T o o l k i t a n d F a c i l i t a t i o n T r a i n i n g 5. 3 T o o l k i t F i n d i n g s S y n t h e s i s / D a t a E n t r y 5. 4 C o m m u n i t y V i s i o n i n g W o r k s h o p F a c i l i t a t i o n 5. 5 F o c u s G r o u p s 20 1 3 Fe b r u a r y 20 1 4 Ma r c h No v e m b e r D e c e m b e r April Ja n u a r y CITY OF AUBURN VISIONING CA . F Pa g e 9 5 o f 1 6 9 Ho u r s @ $ 1 6 5 H o u r s @ $ 1 4 5 H o u r s @ $ 1 1 0 H o u r s @ $ 1 3 5 H o u r s @ $ 8 5 Ta s k 1 : B a c k g r o u n d a n d P r o c e s s F o u n d a t i o n 1. 1 P r o j e c t I n i t i a t i o n 2 $ 3 3 0 2 $ 2 9 0 2 $ 2 2 0 $ 0 4 $ 3 4 0 10 $ 1 , 1 8 0 $1,180 1. 2 B a c k g r o u n d D o c u m e n t R e v i e w $0 2 $ 2 9 0 4 $ 4 4 0 $ 0 2 $ 1 7 0 8 $ 9 0 0 $50$950 1. 3 C o m m u n i c a t i o n s a n d O u t r e a c h P l a n 1 $ 1 6 5 2 $ 2 9 0 1 2 $ 1 , 3 2 0 $ 0 8 $ 6 8 0 23 $ 2 , 4 5 5 $2,455 1. 4 S t a k e h o l d e r I n t e r v i e w s ( 1 2 - 1 5 ) $0 1 $ 1 4 5 1 5 $ 1 , 6 5 0 $ 0 5 $ 4 2 5 21 $ 2 , 2 2 0 $50$2,270 1. 5 I n t e r v i e w S u m m a r y M e m o $0 1 $ 1 4 5 8 $ 8 8 0 $ 0 $ 0 9 $ 1 , 0 2 5 $1,025 Su b t o t a l 3 $ 4 9 5 8 $ 1 , 1 6 0 4 1 $ 4 , 5 1 0 0 $ 0 1 9 $ 1 , 6 1 5 7 1 $ 7 , 7 8 0 $ 1 0 0 $ 7 , 8 8 0 Ta s k 2 : M a r k e t i n g a n d P r o m o t i o n s 2. 1 V i s i o n i n g B r a n d 1 $ 1 6 5 1 $ 1 4 5 2 $ 2 2 0 2 0 $ 2 , 7 0 0 $ 0 24 $ 3 , 2 3 0 $100$3,330 2. 2 M e d i a S t r a t e g y a n d S u p p o r t $0 2 $ 2 9 0 1 6 $ 1 , 7 6 0 2 $ 2 7 0 6 2 $ 5 , 2 7 0 82 $ 7 , 5 9 0 $500$8,090 2. 3 C o l l a t e r a l D e v e l o p m e n t $0 2 $ 2 9 0 4 $ 4 4 0 2 4 $ 3 , 2 4 0 $ 0 30 $ 3 , 9 7 0 $100$4,070 Su b t o t a l 1 $ 1 6 5 5 $ 7 2 5 2 2 $ 2 , 4 2 0 4 6 $ 6 , 2 1 0 6 2 $ 5 , 2 7 0 1 3 6 $ 1 4 , 7 9 0 $ 7 0 0 $ 1 5 , 4 9 0 Ta s k 3 : E n g a g e m e n t T o o l s a n d M a t e r i a l s 3. 1 C i t y C o u n c i l B r i e f i n g S e s s i o n / s $0 8 $ 1 , 1 6 0 2 $ 2 2 0 $ 0 1 $ 8 5 11 $ 1 , 4 6 5 $200$1,665 3. 2 V i s i o n i n g T o o l k i t a n d D a t a E n t r y M o d u l e 1 $ 1 6 5 2 $ 2 9 0 1 6 $ 1 , 7 6 0 $ 0 1 6 $ 1 , 3 6 0 35 $ 3 , 5 7 5 $200$3,775 3. 3 W e b - B a s e d C o m m u n i t y Q u e s t i o n n a i r e $0 4 $ 5 8 0 1 6 $ 1 , 7 6 0 $ 0 2 6 $ 2 , 2 1 0 46 $ 4 , 5 5 0 $200$4,750 3. 4 N e i g h b o r h o o d W o r k s h o p M a t e r i a l s 1 4 $ 5 8 0 1 4 $ 1 , 5 4 0 $ 0 1 6 $ 1 , 3 6 0 35 $ 3 , 4 8 0 $3,480 Su b t o t a l 2 $ 1 6 5 1 8 $ 2 , 6 1 0 4 8 $ 5 , 2 8 0 0 $ 0 5 9 $ 5 , 0 1 5 1 2 7 $ 1 3 , 0 7 0 $ 6 0 0 $ 1 3 , 6 7 0 Ta s k 4 : V i s i o n D e v e l o p m e n t 4. 1 D r a f t V i s i o n S u m m a r y R e p o r t 2 $ 3 3 0 6 $ 8 7 0 2 4 $ 2 , 6 4 0 4 $ 5 4 0 2 4 $ 2 , 0 4 0 60 $ 6 , 4 2 0 $6,420 4. 2 V i s i o n O p e n H o u s e $0 2 $ 2 9 0 1 2 $ 1 , 3 2 0 $ 0 2 0 $ 1 , 7 0 0 34 $ 3 , 3 1 0 $50$3,360 4. 4 F i n a l C o m m i s s i o n a n d C o u n c i l P r e s e n t a t i o n s 1 $ 1 6 5 1 $ 1 4 5 1 6 $ 1 , 7 6 0 $ 0 4 $ 3 4 0 22 $ 2 , 4 1 0 $500$2,910 4. 3 F i n a l V i s i o n S u m m a r y R e p o r t 1 $ 1 6 5 2 $ 2 9 0 6 $ 6 6 0 $ 0 1 2 $ 1 , 0 2 0 21 $ 2 , 1 3 5 $2,135 Su b t o t a l 4 $ 6 6 0 1 1 $ 1 , 5 9 5 5 8 $ 6 , 3 8 0 4 $ 5 4 0 6 0 $ 5 , 1 0 0 1 3 7 $ 1 4 , 2 7 5 $ 5 5 0 $ 1 4 , 8 2 5 10 $ 1 , 4 8 5 4 2 $ 6 , 0 9 0 1 6 9 $ 1 8 , 5 9 0 5 0 $ 6 , 7 5 0 2 0 0 $ 1 7 , 0 0 0 4 7 1 $ 4 9 , 9 1 5 $ 1 , 9 5 0 $ 5 1 , 8 6 5 10 % A d m i n i s t r a t i v e M a r k U p $195 $52,060 Op t i o n a l T a s k s 5. 1 V i s i o n i n g T o o l k i t P r o d u c t i o n $0 $ 0 1 $ 1 1 0 $ 0 4 $ 3 4 0 5 $ 4 5 0 $ 2 5 0 $ 7 0 0 5. 2 I n - P e r s o n T o o l k i t a n d F a c i l i t a t i o n T r a i n i n g $0 1 6 $ 2 , 3 2 0 $ 0 2 $ 1 7 0 1 8 $ 2 , 4 9 0 $ 2 5 0 $ 2 , 7 4 0 5. 3 T o o l k i t F i n d i n g s S y n t h e s i s / D a t a E n t r y $0 $ 0 2 $ 2 2 0 $ 0 2 4 $ 2 , 0 4 0 2 6 $ 2 , 2 6 0 $ 2 , 2 6 0 5. 4 C o m m u n i t y V i s i o n i n g W o r k s h o p F a c i l i t a t i o n $0 1 0 $ 1 , 4 5 0 1 2 1 3 2 0 $ 0 4 $ 3 4 0 $ 3 , 1 1 0 $ 5 0 0 $ 3 , 6 1 0 5. 5 F o c u s G r o u p s $0 2 $ 2 9 0 1 6 $ 1 , 7 6 0 $ 0 2 $ 1 7 0 $ 2 , 2 2 0 $ 2 , 2 2 0 Su b t o t a l 0 $ 0 2 8 $ 4 , 0 6 0 3 1 $ 3 , 4 1 0 0 $ 0 3 6 $ 3 , 0 6 0 4 9 $ 1 0 , 5 3 0 $ 1 , 0 0 0 $ 1 1 , 5 3 0 To t a l P r o j e c t C o s t Pr o f e s s i o n a l T i m e a n d C o s t s S u b t o t a l Gr a p h i c D e s i g n e r La u r e n S c h m i t t J a y R e n k e n s Pr i n c i p a l - i n - C h a r g e S t a k e h o l d e r En g a g e m e n t S p e c i a l i s t Ni c o l e L e w i s e s t i m a t e d p r o j e c t c o s t MI G , I n c . Pr o j e c t M a n a g e r MI G To t a l s Pr o j e c t A s s i s t a n t Direct CostsProfessional Fees Totals Auburn Visioning CA . F Pa g e 9 6 o f 1 6 9 AGENDA BILL APPROVAL FORM Agenda Subject: Consultant Agreement No. AG-C-417 with Murray, Smith & Associates Date: October 30, 2013 Department: Public Works Attachments: Vicinity Map Scope of Work Budget Impact: $0 Administrative Recommendation: Council grant permission to enter into Amendment No. 1 to Consultant Agreement No. AG-C-417 with Murray, Smith & Associates, Inc. for professional services related to the Water Facilities Evaluation Study. Background Summary: Murray, Smith & Associates, Inc.’s (MSA) scope of work for the Water Facility Evaluation Study included performing initial assessments and inspections of portions of the City’s water system, including pump stations, treatment facilities, reservoirs, pressure reducing stations, and several major water transmission mains. Their scope also included submitting recommendations for additional “Second Tier” inspections where more detailed information or investigation was needed to assess their condition. One of the recommendations was to conduct a more extensive investigation into the condition of several of the larger transmission mains (see the attached map), primarily based on their age and their critical role in the provision of the City’s water supply. Because physical access to the large transmission mains is limited, MSA researched several options for non-destructively assessing the condition of the pipelines. The inspection technique included in this proposal to complete the second tier inspections uses acoustic signals to detect leaks and assess pipe wall thickness of water pipes. From that data, an estimate of the remaining useful life of the pipe will be calculated. The City will use this information to plan for future monitoring, inspection, and possible repair or replacement of these transmission mains. The anticipated cost for this amendment is $98,552.00, increasing the agreement total to $274,952.00. Sufficient funds are available in the Water Fund’s Professional Services budget to fund this amendment. AUBURN * MORE THAN YOU IMAGINEDCA.G Page 97 of 169 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:November 4, 2013 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Page 98 of 169 Transmission Main Inspection Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 10/30/2013 CA.G Page 99 of 169 City of Auburn 1 Transmission Mains Condition Assessment October 2013 Scope of Work G:\PDX_BD\Clients\Auburn, City of, WA\Facilities Evaluation Study 3-15-12\Scope and Fee\Amendment 1\City of Auburn-Echologics Scope of Work.docx “EXHIBIT A” SCOPE OF WORK Task 1 – Scope of Work Murray, Smith & Associates, Inc. (MSA) will manage specialty subconsultant work by Echologics to perform acoustic leak detection and condition assessment along up to 3 miles of transmission mains, as specified by the City of Auburn (City). These mains are constructed of Ductile Iron and Wire Wrapped Concrete material, and range from 14 inches to 24 inches in diameter. The project execution steps and deliverables are as follows: 1.1 Project Planning, Site Visit and Mobilization – MSA will provide Echologics with the locations of the mains to be surveyed, as well as any existing locations at which the pipe can be accessed for testing. Echologics shall review this information, and shall work with MSA and the City to select appropriate pipeline access sites for the testing. A joint site visit shall be conducted, at which point the viability of the access points selected shall be assessed. Once a survey plan has been agreed to, the City shall undertake any required preparations of the access points to allow the surveys to proceed, including any excavation work required. Upon confirmation from MSA that a sufficient number of access points have been prepared, Echologics shall mobilize the required crew and equipment to the job site. 1.2 Field Testing, analysis and Reporting – Echologics shall attach vibration sensors to appropriate fittings (valves, hydrants or the surface of the main), and shall record and analyze acoustic signals using Echologics’ proprietary software. The City shall provide safe access to the main at the required access points, including traffic control, security, and rendering confined spaces safe for entry, as required. For each pipe integrity testing interval, acoustic waves of the required frequency must be induced in the main, from a location outside of that assessment interval. Acceptable sources of sound, in order of preference, are: 1. Existing sound from pumps or pressure reducing valves. 2. Flowing a hydrant or other valve outside of the testing interval. 3. Attaching one of Echologics’ Modal Excitation Units at a site outside of the testing interval. Testing will be performed in real time, allowing most leak locations to be reported on site at the time of the field testing. For further details of the methods employed, see assumptions. Upon completion of the field testing, the recorded data files shall be subject to more detailed analysis to help refine the on-site findings, and to reveal any leaks that may CA.G Page 100 of 169 City of Auburn 2 Transmission Mains Condition Assessment October 2013 Scope of Work G:\PDX_BD\Clients\Auburn, City of, WA\Facilities Evaluation Study 3-15-12\Scope and Fee\Amendment 1\City of Auburn-Echologics Scope of Work.docx be masked by ambient noise. A report of findings shall be prepared, indicating the locations of any leaks identified, along with the average remaining structural wall thickness (for metallic and asbestos cement mains), or the average hoop stiffness (for reinforced concrete or plastic mains), over each test interval. If the City is able to supply the original design parameters of the piping, the percentage loss shall also be reported, along with a qualitative description of the likely condition of the piping based on Echologics’ past experience. The sole deliverable produced as a result of work performed on this project shall be a report indicating leak locations and/or pipe condition indications, which shall be the property of the City. All processes, technology, documents, and intermediary data used to produce this report, including Echologics' existing IP, are and will continue to be owned by Echologics. Although not anticipated, during the course of performing the contract, Echologics may conduct tests on asbestos cement pipe. Any information provided to the City by Echologics regarding the condition or serviceability of such pipe relates only to its capacity to hold and transport water. As between the parties, the City is solely responsible for complying with all laws and regulations related to asbestos and asbestos cement pipe. Echologics and MSA specifically disclaims any and all liability for any claims or damages related to asbestos or asbestos cement pipe and its performance of the contract. For further details of the methods employed, see assumptions. Task 1 MSA Deliverables: 1. Field Report: A field report will be submitted on-site if any leaks are positively identified. Following completion of the on-site work, a final report will be submitted detailing the methods used and the leak detection results. A draft report shall be delivered within six weeks of completion of the field testing. 2. Final Report: The results of the pipe integrity including remaining pipe wall thicknesses will be submitted in a final report along with any confirmed or suspected leaks discovered in the survey. Task 1 City Responsibilities: 1. Provide potholes for inspection and access to mains as necessary. Task 1 Assumptions: a. AC Pipe: It is assumed that no asbestos-cement pipe will be tested. b. Academy Transmission Main: Approximately 1 mile of the 14-inch diameter Academy transmission main will be evaluated. CA.G Page 101 of 169 City of Auburn 3 Transmission Mains Condition Assessment October 2013 Scope of Work G:\PDX_BD\Clients\Auburn, City of, WA\Facilities Evaluation Study 3-15-12\Scope and Fee\Amendment 1\City of Auburn-Echologics Scope of Work.docx c. Coal Creek Springs Transmission Main: Approximately 1 mile of the 24-inch diameter Coal Creek Springs transmission main will be evaluated. d. Lea Hill Transmission Main: Approximately 1,300 linear feet of the 16-inch diameter Lea Hill transmission main and approximately 3,980 linear feet of the 20- inch diameter Lea Hill transmission main will be evaluated. e. Leak Detection Measurements: Leak detection will be performed by bracketing a section of pipe with two accelerometers (magnetic surface mounted sensors) and recording a noise file using the LeakFinderRT system. The section of pipe must be filled with water and under operating pressure. Leak noise data will be collected for each section of pipe and recorded to a computer for analysis. Analysis will be done both on-site and back in our offices the day following the measurements. f. Sensor Spacing: For leak detection, maximum recommended sensor spacing is 2,500 ft for hydrophones, or 300-500 ft for surface mounted sensors. The City shall provide 12-inch diameter excavations to the crown of the pipe where access is needed but no main valves or hydrants are accessible. g. Data analysis: File analysis and digital filtering will be applied to recorded files collected to filter out intruding noise from traffic and other sources. This will be done both on site, and in Echologics offices in Toronto. h. Leak Pinpointing: Where leaks are detected, they will be pinpointed, marked, and where possible verified using ground sounding and/or different configurations of the sensors around the suspected leak as the access allows. i. Pipe Integrity Testing (PIT) Measurements: Following the leak detection of a section of pipe, a third access point will be used to create an “out-of-bracket” noise, either by flowing water from a hydrant, tapping on a valve, or using modal excitation units. j. Sensor Spacing: For condition assessment, the recommended sensor spacing is 300- 500 ft. If the existing configuration of access fittings (valves, hydrants etc) does not allow for sensor spacing of this distance, additional 6-inch diameter potholes to the surface of the pipe may need to be excavated by the City. k. Velocity: This noise will be recorded and used to measure the acoustic velocity of sound within each section of pipe. l. Data Analysis: All of the recorded files will undergo an analysis in Echologics’ Toronto office and will result in average remaining wall thickness of each section of pipe surveyed. CA.G Page 102 of 169 City of Auburn 4 Transmission Mains Condition Assessment October 2013 Scope of Work G:\PDX_BD\Clients\Auburn, City of, WA\Facilities Evaluation Study 3-15-12\Scope and Fee\Amendment 1\City of Auburn-Echologics Scope of Work.docx m. Final Report: Upon receipt of the draft Echologics report, MSA shall forward to the City for review. The City shall have 10 calendar days to review the report, and present MSA with any requests for correction, modification, or elaboration. MSA shall forward comments to Echologics. Any comments received by Echologics during this review period shall be considered when preparing its final report. Any requests made after the review period expires are excluded from this scope of work, but can be accommodated at an hourly reporting rate. The final report shall be issued within two weeks of the end of the review period. Payment Payment will be made on a percent complete basis along the following schedule. Item Rate Units Est. Qty Total 1.1 - Project Planning, Site Visit and Mobilization $18,150 Lump Sum 1 $18,150 1.2 - Field Tests, Analysis, and Reporting for: $71,443 Lump Sum 1 $71,443  Academy - 14”  Coal Creek Springs - 24”  Lea Hill – 16”  Lea Hill – 20” Estimated Project Total $89,593 Recommended Contingency (10%) $8,959 Not To Exceed Total $98,552 If Echologics’ staff are unable to work due to any reason within the reasonable control of City of Auburn a standby rate of $3,000 per day will be billed. All prices are in United States Dollars, and do not include applicable taxes. Invoicing shall be as indicated below:  Site Visit: Upon completion of the site visit.  Project Planning and Mobilization: Upon arrival of crew at the job site.  Field Tests, Analysis, and Reporting:  80% of the amount shall be invoiced once monthly, prorated for the estimated amount of field tests completed  The balance of the amount, including any corrections to the quantities of service provided, shall be invoiced upon submission of the draft report CA.G Page 103 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6485 Date: October 29, 2013 Department: Planning and Development Attachments: Ordinance No. 6485 Plat Maps Certificate of Improvements Preliminary Plat Decision Budget Impact: $0 Administrative Recommendation: City Council adopt Ordinance No. 6485. Background Summary: Wilderness33, LLC has made application for the Final Plat of Brandon Place, now known as Sonata Hill. The plat includes the creation of 72 lots and eleven (11) tracts for storm drainage, open space, recreation areas, access, and pedestrian facilities. The property is located within the Lea Hill Annexation Area. Sonata Hill (also known as Brandon Place) received preliminary plat approval by the King County Hearing Examiner on September 20, 2006 to subdivide the approximately 5.44 acre site into 78 single-family lots in the R-5 Residential (5 du/acre) zone. During engineering review the subdivision was reduced to 72 lots. The plat has been developed in accordance with the King County R-6 and R-12 standards and the City of Auburn Design Standards, where applicable, under the approved water/sewer certificate (WSC04-0012) and facility extension (FAC12-0009). The City Engineer has signed the Certificate of Improvements acknowledging an assignment of funds posted in lieu of completion of the outstanding items for the project. Reviewed by Council Committees: Other: Planning and Public Works Councilmember:Backus Staff:Welch Meeting Date:November 4, 2013 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 104 of 169 ORDINANCE NO. 6 4 8 5 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF SONATA FiILL WHEREAS, the City of Auburn received a final piat application for the Plat of Brandon Place, also known as Sonata Hill, Application No. PLT13-0002, the final approval of which is appropriate for City Council Action; and WHEREAS, the Preliminary Plat for this plat was approved by the King Coun4y Hearing Examiner on September 20, 2006, whereby the preliminary plat was approved with identified conditions and requirements; and WHEREAS, the premises ofithe Plat of Sonata Hill were annexed into the Gity of Auburn, effective January 1; 2008; and WHEREAS, in connection with the annexaUon, the City and King County entered into an Interlocal Agreement, pursuant to Resolution No. 4113, whereby the two jurisdictions idern ed a caoperatiye process for handling pending plat activity; and WHEREAS, pursuant to 4he Interlocal Agreemerrt, the City took over completing the civil review and final plat review prior to the InterlocafAgreement expiring December 31, 2012; and WHEREAS, the plat has been developed in accordance with Title 17, Final Plats, ACC 17.06 subsequently amended), the requirements of Chapter 58.17 RCW, and in conformity with the conditions and requirements of the preliminary plat; and WHEREAS, insofar as the plat meets the requirements of applicable codes and plans, and the conditions and requirements of the preliminary plat, it is Ordinance No. 6485 October 29, 2013 Page 1 of 3ORD.A Page 105 of 169 incumbent on the City Council to approve the final plat, as no new conditions or requirements can be added at this point. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOVVS: Section 1. ApprovaL Sonata Hill, a subdivision involving property located within the City of Aubum, Washington, which plat is legally described on Sheet 1 of 7 of the Final Plat and is set forth below: PARCEL A THE EA8T HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; EXCEPT COIJNTY ROADS. PARCEL B LOTS 1 AND 2, KING COUNTY SHORT PLAT NO. 576078R, RECORDED MAY 4, 1979, UNDER RECORDING NO. 7905040835, RECORDS OF KING COUNTY, WASHINGTON. is hereby approved, and de.emed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Secfion 58.17.140 fhereof. Section 2. Constitutionalitv or Invaliditv: If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared 4hat fhis Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified iRespective ofi the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid orunconstitutional. Section 3. Imalementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6485 October 29,2013 Page2 of 3ORD.A Page 106 of 169 Section 4. Effective Date. This ortlinance shall take effect and be in force five (5) days from and after its ,passage; approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED:. CITY OF AUBURN PETER B.LEWIS MAYOR ATTEST: Danietle E. Daskam, City Clerk APPROVED S TO FORM: iel 6. ' ; City Attomey Published: Ordinance No. 6485 October 29, 2013 Page 3 of 3ORD.A Page 107 of 169 SONATA HILL oe PG A FINAL PLAT .-'' A PORTION OF SECTION 9. T. .21 N.; R. 3.E., .W:M. CRY. OF AUBURN. KIN6 COUNTI', WASHINGTON DE ICATION LEGAI:. 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ALT13-0'1 a n r wa i - e.c.w.t mm ww w fir xRSr s r ORD.A Page 114 of 169 ORD.A Page 115 of 169 September 20, 2006 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 Email: hearex@metrokc.gov REPORT AND DECISION SUBJECT: Department of Development and Environmental Services File No. L04P0021 Proposed Ordinance No. 2006-0330 BRANDON PLACE SUBDIVISION Preliminary Plat Application Location: Between Southeast 312th Street and Southeast 316th Street, west of 121st Place Southeast Applicant: JPS Holdings LLC represented by Joseph Singh 18124 Riviera Place Southwest Seattle, Washington 98166 Telephone: (206) 799-3051 King County: Department of Development and Environmental Services, represented by Trishah Bull 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296-6758 Facsimile: (206) 296-7051 SUMMARY OF DECISION/RECOMMENDATIONS: Department's Preliminary Recommendation: Approve with conditions Department's Final Recommendation: Approve with revised conditions Examiner’s Decision: Approve with revised conditions EXAMINER PROCEEDINGS: Hearing Opened: August 31, 2006 Hearing Closed: August 31, 2006 ORD.A Page 116 of 169 L04P0021 – Brandon Place Page 2 of 14 Participants at the public hearing and the exhibits offered and entered are listed in the attached minute s. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Owner/Developer: Joe Singh JPS Holdings LLC 18124 Riviera Place SW Seattle, WA 98166 (206) 799-3051 Engineer: ESM Consulting Engineers LLC 33915 1st Way South #200 Federal Way, WA 98003 (253) 838-6113 STR: SW 09-21-05 Location: The site is located between SE 312th Street and SE 316th Street, west of 121st Place SE. Zoning: R-6-SO & R-12-SO Acreage: 14.32 acres Number of Lots: 78 Density: 5.44 units per acre Lot Size: Approximately 3,600 square feet Proposed Use: Single-family detached dwellings Sewage Disposal: City of Auburn Water Supply: City of Auburn Fire District: King County District No. 44 School District: Auburn School District No. 408 Application Completeness Date: December 23, 2004 2. Except as modified herein, the facts set forth in the DDES reports to the Examiner and the DDES and King County Department of Transportation testimony are found to be correct and are incorporated herein by reference. 3. The subject property is a 14.32-acre, L-shaped parcel located in the Lea Hill unincorporated area south of the City of Kent and east of the City of Auburn. It has double road frontage, on the south side of Southeast 312th Street and on the north side of Southeast 316th Street. It also abuts ORD.A Page 117 of 169 L04P0021 – Brandon Place Page 3 of 14 the present westerly stub terminus of Southeast 314th Place along its far eastern boundary. The site terrain slopes moderately from southeast to northwest, with a total elevation drop of approximately 90 feet. The property lies with the Lea Hill (tributary 0069) subbasin of the Lower Green River basin. Two small wetlands lie in the far eastern portion of the site, both Class 3; one is an unregulated wetland due to class and size, and the other will be fi lled and the loss mitigated. Class 3 wetlands and a short stretch of a small intermittent stream lie onsite along the western boundary, and a Class 3 wetland along the southern boundary. A Class 2 wetland lies nearby offsite to the west of the northwest corner. The site is generally vegetated with pasture grasses, with scattered mixed-species trees and brush. Two of the three parcels which comprise the development site have dwelling units which will be removed during construction. The surrounding general area is an urbanizing part of the unincorporated county, one with a substantial amount of new fairly standard-density suburban development. 4. Applicant JPS Holdings LLC proposes subdivision of the property into 78 lots for detached single-family residences. The residential density would be approximately 5.44 units per acre, with lot sizes approximately 3,600 square feet in area. Internal access to the lots would be provided by the extension of a public road system southerly from Southeast 312th Street, with an easterly connection from that road to connect with the present stub terminus of Southeast 314th Place on the east property boundary. South of the connecting major internal roads, two short cul- de-sacs would branch southerly and terminate in the southern portions of the site. The sensitive areas on- and nearby offsite would be buffered and the onsite areas and their buffers placed in sensitive area tracts. A storm drainage detention and water quality facility would be placed in the northwest corner fronting Southeast 312th Street. Four open space/recreation tracts would be distributed through the property, and are suitably provided central locations with regard to the entirety of the site and/or within their respective sectors of the development. 5. The stormwater drainage and detention plan for the proposed development has been designed to address the numerous drainage subbasins across the site. DDES Drainage Adjustment L05V0062 has been granted to allow minor consolidation of the on-site subbasins for drainage direction purposes and the direction of most of the post-developed flow to the detention/water quality facilities in the northwest corner. A relatively small detention pipe is also proposed in the southeast corner adjacent to a recreation tract. The release from the major d etention facility in the northwest corner would be directed to the existing ditch system on the south side of Southeast 312th Street. That routing is along an area experiencing flooding of private driveways, ponded water on Southeast 312th Street (both caused and/or aggravated by impeded driveway culverts and a crimp-damaged and design-limited cross-culvert), and a problematic drainage channel in a downstream trailer park. Given the downstream flooding and drainage problems, the Applicant proposes to provide Level 3 flow control (under the 1998 King County Surface Water Drainage Manual; SWDM) as mitigation of the development’s drainage impacts. Current nuisance flows along the northeast and northwest property lines would be largely eliminated. Wetland hydrology will be maintained. Some roof downspouts will be dispersed for hydrological purposes. 6. The detailed stormwater mitigation study prepared by the Applicant’s consultant and reviewed by DDES drainage officials results in DDES’s findings, with which the Examiner concurs, that a) with compliance with the SWDM at the Level 3 flow control proposed by the Applicant, along with the correction of the culvert problems and implementation of pertinent development ORD.A Page 118 of 169 L04P0021 – Brandon Place Page 4 of 14 conditions herein (see in particular Condition 7), the development’s drainage impacts will be adequately mitigated in conformity with applicable standards, and b) existing duration and peak flow rates leaving the site and at the downstream culvert locations which have experienced problems will actually be slightly reduced under the proposed developed conditions. 7. Traffic impacts of the proposed development would be adequately mitigated under the code by the standard collection of MPS mitigation fee payments under Chapter 14.75 KCC, except for a significant adverse impact determined by KCDOT under KCC 14.80.030, and the SEPA responsible official in the mitigated DNS, at the intersection of Southeast 312th Street at 112th Avenue Southeast to be projected to occur at the horizon year of the development. A correcting mitigation measure is imposed by the mitigated DNS, and is carried forward as a condition of preliminary plat approval; the mitigation has received conceptual approval by KCDOT traffic engineering and the County traffic engineer. Alternative diversions of traffic initially proposed by the Applicant’s traffic engineer to lessen the projected impact have been found unworkable due to Metro bus service routes and opposition by the City of Auburn. The Applicant is no longer pursuing such diversions as an alternative means of mitigation of the significant traffic impact and only desires that crediting of the MPS fees against the required mitigation improvements be considered by the County. (As things stand at present, such crediting is not possible, since the County no longer has a capital improvement project proposed for the intersection or the subject segment of Southeast 312th Street, a prerequisite for such crediting.) 8. All resident public schoolchildren will be bused to their respective schools from the plat entry at Southeast 312th Street; the development’s internal sidewalks will provide safe walking conditions to the bus stop. CONCLUSIONS: 1. The proposed subdivision, as conditioned below, would conform to applicable land use controls. In particular, the proposed type of development and overall density are specifically permitted under the R-6-SO and R-12-SO zones. 2. If approved subject to the conditions below, the proposed subdivision will make appropriate provisions for the topical items enumerated within RCW 58.17.110, and will serve the public health, safety and welfare, and the public use and interest. 3. The conditions for final plat approval set forth below are reasonable requirements and in the public interest. 4. The dedications of land or easements within and adjacent to the proposed plat, as shown on the revised preliminary plat submitted on April 16, 2006, or as required for final plat approval, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. ORD.A Page 119 of 169 L04P0021 – Brandon Place Page 5 of 14 DECISION: The preliminary plat of the Brandon Place subdivision, as revised and received April 16, 2006, and as further revised as depicted in Exhibit 16 with respect to extending the sensitive area tract to the east boundary with corresponding lot layout revisions, is approved subject to the following conditions of approval: 1. Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. a. The plat shall comply with the density requirements of the pertinent zone classifications (R-6-SO or R-12-SO) onsite. All lots shall meet the minimum dimensional requirements of the pertinent zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. b. As a result of the recommended conditions, further evaluation may result in the reconfiguration and/or reduction in lots. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 5. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. ORD.A Page 120 of 169 L04P0021 – Brandon Place Page 6 of 14 c. The following note shall be shown on the final recorded plat: All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as sho wn on the approved construction drawings # ___________ on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." 7. The Tract A drainage detention facility (northwest corner) shall be designed to meet at a minimum the Level 3 Flow Control and Basic Water Quality requirements in the 1998 King County Surface Water Design Manual (KCSWDM). The stormwater management for this site shall be designed in general conformance with the Brandon Place Stormwater Mitigat ion Study by Ed McCarthy, PE, PS received June 13, 2006. The south end of the existing 18-inch cross-culvert under Southeast 312th Street (west of the site) shall be repaired. The cross-culvert shall also be cleaned during the construction phase. The culvert under the driveway to 11809 Southeast 312th Street (the Worton property) shall also be cleaned during the construction phase. 8. A drainage adjustment (L05V0062) is approved for this site. All conditions of approval for this adjustment shall be incorporated into the engineering plans. 9. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. 120th Pl SE from SE 312th St to SE 314th PL shall be improved at a minimum to the urban subcollector street standard. Per a telephone conversation with Jim Denton at Auburn School District (August 17, 2006), a widened sidewalk shall be provided at or near proposed Lot 1 for a school bus stop for school age residents of the proposed subdivision. b. 120th Pl SE from SE 314th PL to the cul-de-sac shall be improved at a minimum to the urban minor access street standard. c. SE 314th PL shall be improved at a minimum to the urban subcollector street standard. d. 121st Ct SE shall be improved at a minimum to the urban minor access street standard. e. FRONTAGE: The frontage of the site along SE 312th Street shall be improved to the urban minor arterial standard. The design shall require compliance with Section 4.01(f) of the KCRS; asphalt overlay when widening. ORD.A Page 121 of 169 L04P0021 – Brandon Place Page 7 of 14 In order to address safe walkway conditions for students crossing SE 312th Street after being dropped off from the school busses in the afternoon, the applicant shall evaluate the feasibility of installing a curbed median island to serve as a pedestrian refuge for school age pedestrians. Plans for this improvement shall be submitted at engineering plan review for precise determination of feasibility. f. FRONTAGE: The frontage along SE 316th Street shall be improved with a minimum 12ft driving lane and a minimum 5ft wide paved walkway. g. The proposed private access tracts and joint use driveways shall comply with Sections 2.09 and 3.01 of the KCRS. These tracts shall be owned and maintained by the lot owners served. Notes to this effect shall be showed on the engineering plans and the final plat. h. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 10. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 11. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid.” If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 12. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 13. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. 14. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in the applicable version of KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. ORD.A Page 122 of 169 L04P0021 – Brandon Place Page 8 of 14 15. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Wetlands a. The Class 3 Wetland/Stream shall have a 25-foot buffer as measured from the edge of wetland or ordinary high water mark (OHWM) of the stream. b. The Class 2 wetland shall have a 50-foot buffer as measured from the edge of wetland. c. Buffer averaging maybe allowed per KCC 21A.24. A buffer enhancement plan may be required prior to approving a buffer averaging plan. d. All sensitive areas and their buffers shall be placed in Sensitive Area Tracts for long term protection. e. Signage and fencing shall be installed along the Sensitive Area Tract boundaries for long term protection and to clearly mark the extent of the tracts. (Also see Condition 22 imposed as a mitigation measure under SEPA.) f. A 15-foot building setback line (BSBL) is required from the edge of all Sensitive Area Tracts and shall be shown on all affected lots. g. Sensitive area tract boundaries shall be clearly marked with bright orange construction and silt fencing prior to construction or site clearing activities. The boundaries shall remain marked until construction is complete. h. Impacts to sensitive areas for road improvements may be allowed per KC 21A.24. However mitigation shall be required. Construction techniques such as retaining walls maybe required at such crossings or improvements to limit impacts. A final mitigation plan shall be required during engineering review. i. Hydrology may not be altered either during or after development. A hydrology analysis may be required during engineering review to show how the hydrology will be maintained after the site is developed. j. Work within the OHW may require a Hydraulic Project Approval (HPA) from the State Department of Fish and Wildlife. It will be the applicant’s responsibility to coord inate with WDFW to determine if an HPA is needed. k. The engineering plans shall be routed to Critical Areas Staff for review of compliance to the above conditions. Further evaluation may result in the reconfiguration and/or reduction in lots. ORD.A Page 123 of 169 L04P0021 – Brandon Place Page 9 of 14 l. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of sl ope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children’s play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. (See Condition 19) b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). ORD.A Page 124 of 169 L04P0021 – Brandon Place Page 10 of 14 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right - of-way. c. If King County determines that the required street trees should not be loc ated within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 312th Street and/or SE 316th Street are on a bus route. If SE 312th Street and/or SE 316th Street is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. i. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. 19. To implement comprehensive plan policy SO-220, which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention and engineering plans shall be consistent with the requirements of SO-220. No clearing ORD.A Page 125 of 169 L04P0021 – Brandon Place Page 11 of 14 of the site is permitted until the tree retention plan is approved by DDES. Flagging and temporary fencing of trees to be retained shall be provided, consistent with SO-220. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited with the fenced areas around preserved trees, except as may be permitted under the provisions of SO-220. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with KCC 21A.38.230B6. The tree retention plan shall be included as part of the final engineering plans for the subject plat. 20. In the event that any archaeological objects are uncovered on the site, the applicant shall comply with RCW Chapter 27.53, Archaeological Sites and Resources. Immediate notification and consultation with the State Office of Archaeology and Historical Preservation, King County Office of Cultural Resources and relevant tribes (including the Suquamish, Puyallup and Muckleshoot tribes) is required if discovered materials are prehistoric and an archaeological site is present. 21. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval: In order to mitigate the significant adverse impact that the proposed development will have at the intersection of Southeast 312th Street/ 112th Avenue SE intersection, as identified in the original and resubmitted traffic impact analyses, the applicant will widen Southeast 312th Street. This roadway widening will provide a merge/refuge area for the northbound-to-westbound left turn movement off of 112th Avenue Southeast and include all related roadway channelization and an illumination system designed in compliance with the King County Road Standards, in general conformance with the conceptual channelization plan submitted to KCDOT on July 11, 2006, except as modified as follows. The plans for this off-site roadway improvement shall incorporate either: full-width paved shoulder along the south side of SE 312th Street through the limits of the widened section, transitioning to a width matching the existing shoulder width at/near the limits of the channelization transitions, provided that the existing utility poles remain 10 or more feet away from the edge of the roadway travel lanes, If the applicant, instead, relocates the two existing utility poles (the pole approximately 180 feet east of the intersection, and the pole approximately 280 feet west of the inter section), to a point at least 10 feet south of the new location of the eastbound through lane, then the shoulder on the south side of the roadway may be reduced to a minimum of 5.5 feet or shall incorporate a combination of urban roadway shoulder design (i.e. curb, gutter and sidewalk) along the south side of SE 312th Street through the limits of the widened section, ORD.A Page 126 of 169 L04P0021 – Brandon Place Page 12 of 14 transitioning to a width matching the existing shoulder width at/near the limits of the channelization transitions, provided that the existing utility poles remain at least 5.5 feet south of the curb line. In each case, the selected shoulder design (paved shoulder, or, concrete curb, gutter and sidewalk) shall be continued onto 112th Avenue SE to provide for pedestrian safety and to accommodate the existing METRO Route 181 transit stops. Plans for these improvements shall be submitted to the King County DOT Traffic Engineering Section and King County DOT Transit Division for review, and approval by KCDOT Traffic Engineering. 22. Prior to final approval of construction activities on the site, the boundary between the Sensitive Area Tract(s) and adjacent land shall be identified using a split-rail fence and permanent signs. ORDERED this 20th day of September, 2006. ___________________________________ Peter T. Donahue, Deputy King County Hearing Examiner TRANSMITTED this 20th day of September, 2006 to the following parties and interested persons of record: Auburn School Dist. Tom Beardslee Denita Blount Attn: Michael Newman 11805 SE 312th St. 31601 - 118th Pl. SE 915 Fourth St. NE Auburn WA 98092 Auburn WA 98092 Auburn WA 98002-4452 Chris Brown City of Auburn Melvin Worton Christopher Brown & Assoc. Planning Dept. Beneficial Financial Grp. 9688 Rainier Ave. S 25 W. Main St. 606 Oakesdale Ave. SW Seattle WA 98118-5981 Auburn WA 98001-4998 Renton WA 98055 DMP Engineering, Inc. ESM Consulting Eng. Harbour Homes, Inc. Attn: Hans Korve Attn: Phil Kitzes Attn: Justin Lagers 726 Auburn Way N. 33915 - 1st Ave. S. 33400 - 9th Ave. S, #120 Auburn WA 98002 Federal Way WA 98003 Federal Way WA 98003-2607 Ed McCarthy Seattle KC Health Dept. Joseph Singh 9957 - 171st Ave. SE E. Dist. Environ. Health JPS Holdings LLC Renton WA 98059 14350 SE Eastgate Way 18124 Riviera Pl. SW Bellevue WA 98007 Seattle WA 98166 ORD.A Page 127 of 169 L04P0021 – Brandon Place Page 13 of 14 Melvin Worton Bruce Whittaker Steve Bottheim 11809 SE 312th St. DDES/LUSD DDES/LUSD Auburn WA 98092 MS OAK-DE-0100 MS OAK-DE-0100 Trishah Bull Kim Claussen Lisa Dinsmore DDES/LUSD DDES/LUSD DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100 Nick Gillen Kristen Langley Carol Rogers DDES/LUSD DDES/LUSD DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100 Steve Townsend Larry West DDES/LUSD DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before October 4, 2006. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before October 11, 2006. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3rd Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE AUGUST 31, 2006, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L04P0021. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Trishah Bull, Bruce Whittaker and Kristin Langley, representing the Department; Phillip Kitzes representing the Applicant; Ed McCarthy, Christopher Brown, Mel Worton, and Tom Beardslee. ORD.A Page 128 of 169 L04P0021 – Brandon Place Page 14 of 14 The following Exhibits were offered and entered into the record: Exhibit No. 1 Department of Development and Environmental Services file no. L04P0021 Exhibit No. 2 Department of Development and Environmental Services preliminary report dated August 31, 2006 Exhibit No. 3 Application for Land Use Permits received November 15, 2004 Exhibit No. 4 Environmental Checklist received November 15, 2004 Exhibit No. 5 SEPA Mitigated Determination of Non-significance issued July 25, 2006 Exhibit No. 6 Affidavit of Posting indicating a posting date of December 29, 2004; received by DDES on January 3, 2005 Exhibit No. 7 Preliminary plat map dated April 12, 2006 (revised) Exhibit No. 8 Assessor’s maps (2) – NW 9-21-5 and SW 9-21-5 Exhibit No. 9 Stormwater Mitigation Study by Ed McCarthy, P.E., received June 13, 2006 (revised) Exhibit No. 10 Wetland and Stream Analysis by B-12 Wetland Consulting, Inc., received August 24, 2005 (revised) Exhibit No. 11 L05V0062 Modification Request– Approved KCSWDM adjustment dated August 3, 2006 Exhibit No. 12 Channelization Study (map) received April 12, 2006 Exhibit No. 13 Traffic Impact Analysis by Christopher Brown & Associates, received November 15, 2004 Exhibit No. 14 Letter from Melvin E. Worton dated May 24, 2005 Exhibit No. 15 Letter from Auburn School District dated June 28, 2006; received by DDES on August 4, 2006 Exhibit No. 16 Overall Landscape Plan and Recreation Plan (2 sheets) received August 24, 2005 Exhibit No. 17 SE 312th/112th Ave. SE Channelization Plan for Brandon Place dated July 6, 2006 Exhibit No. 18 Letter from Christopher Brown dated March 30, 2006, with attachments (2) Exhibit No. 19 New paragraph for Condition 7 PTD:ms L04P0021 RPT ORD.A Page 129 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5000 Date: October 22, 2013 Department: Administration Attachments: Resolution No. 5000 2014 Annual Action Plan Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 5000. Background Summary: The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The 2014 Action Plan outlines proposed expenditures to implement the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates that in 2014 approximately $525,000 of CDBG funds will be available for projects that are consistent with federal regulations and the objectives and policies of Auburn’s Consolidated Housing and Community Development Plan. In 2014 the CDBG funds will be combined with approximately $550,000 of General Funds to create a total human services budget of approximately $1,075,000. A public notice and a brief description about the 2014 Action Plan was published in The Seattle Times. On November 4, 2013, the City Council will hear public testimony about the Plan. The deadline to submit written comments is November 4, 2013. The final draft of the 2014 Action Plan will be prepared and sent to HUD by the deadline of November 15, 2013 after City Council adoption. Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Backus Staff:Hursh AUBURN * MORE THAN YOU IMAGINEDRES.A Page 130 of 169 Meeting Date:November 4, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 131 of 169 RESOLUTION NO. 5 0 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2014 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN FOR THE CONSOLIDATED PLAN FOR YEARS 2014 T02014 WHEREAS, the City of Aubum was designated as an en6tlement community by tfie U.S. Department of Housing and Urban Development (HUD) .for its Community Development Block Grant (CDBG) Program; WHEREAS, the primary objective of the Consolidated Plan and CDBG Program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-income and moderate-income; WHEREAS, to be eligible for funding, the City of Aubum must annually update the action plan for its Consolidated Plan that serves as a federally required planning document to guide the City of Aubum's human service and community development efforts; WHEREAS, the planning process to develop the Consolidated Plan involved citizen participation and guidance from non-profit and govemmental agencies serving low income residents in the communiry; WHEREAS, the City Council of the City of Aubum heard and considered public comment about its proposed 2014 Action Plan. Resolution No. 5000 November 4, 2013 Page 1 of 2 RES.A Page 132 of 169 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES HEREBY RESOLVE TO: Section 1. Pursuant to provisions of 24CFR91, the City hereby adopts the 2014 Action Planfor the Consolidated Plan for Years 2011 to 2014. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of November, 2013. Peter B. Lewis Mayor ATTEST: Danielle Daskam, City Clerk APP ED A FORM: Daniel B. Heid, City Attorney Resolution No. 5000 November 4, 2013 Page 2 of 2 RES.A Page 133 of 169 Department of Administration & Community Services 25 West Main Street Auburn, Washington 98001 (253) 931-3041 2014 Annual Action Plan Update to the City of Auburn's Consolidated Plan for Housing and Community Development Fiscal Years 2011 – 2014 November 15, 2013 (IMPORTANT NOTE: Program description and dollar amounts represented in this plan may change subject to the availability of funds and final approval by the Department of Housing and Urban Development.) RES.A Page 134 of 169 October 22, 2013 2 2014 Annual Action Plan EXECUTIVE SUMMARY Each year the City of Auburn executes specific actions to implement the goals and strategies of the Consolidated Plan for Years 2011 to 2014. Actions that will be undertaken in 2014 are outlined in this “Annual Action Plan”. The City of Auburn anticipates the receipt of approximately $525,000 in Community Development Block Grant (CDBG) funds in 2014. Auburn's CDBG funds will be combined with approximately $550,000 of General Funds to create a total Human Services budget of approximately $1,075,000 in 2014. Human Services oversees and is responsible for providing and managing financial resources to more than 30 non-profit agencies that serve the Auburn community, administering the local housing repair program, and developing collaborations among community partners to strengthen the response to residents in need. The 2014 Action Plan proposes to allocate $78,000 of CDBG funds to public services. Most of those funds ($63,000) will be used to provide dental and medical care to uninsured, low income Auburn residents and $15,000 for employment training. Approximately $100,000 of the CDBG funds will be allocated to program administration, which includes planning. The remaining $347,000 will be allocated to housing repair ($200,000), economic development ($37,500), and support of enhancing youth outreach and gang prevention. The City of Auburn is committed to focusing more on achieving solutions to recurring social problems and achieve a greater collaboration among service providers. The Department of Housing and Urban Development has worked to standardize the performance measurements listed in the Consolidated Plan. The 2014 Action Plan combines the changes that both the City of Auburn and HUD have implemented. Overall the implementation of the 2013 Action Plan is progressing as planned and most of the activities listed are underway. A more detailed report of 2013 activities will be summarized in the Consolidated Annual Performance and Evaluation Report (CAPER) that will be drafted and released for public review before the end of the first quarter of 2014. CITIZEN PARTICIPATION AND CONSULTATION The development of the Annual Action Plan involves both citizen participation and consultation with local service providers. Citizen participation in the planning process began at a joint meeting between the Auburn City Council and Human Services Committee. At this meeting, Council and Committee members identified a series of community results that they would like to achieve through the appropriation of City funds. The City consults with local service providers primarily through the solicitation of applications for Human Services grants. Grant applications prepared by service providers furnishes the City information regarding the goals of the agency, target populations, proposed services, gaps in the delivery of services, linkages to poverty reduction strategies and collaboration with other service providers. This information is reviewed by City staff and the Human Services Committee. The Human Services Committee's recommendations were incorporated into the 2014 Action Plan and presented to the City Council's Planning and Community Development (PCD) Committee in RES.A Page 135 of 169 October 22, 2013 3 October 2013. A preliminary draft of the 2014 Action Plan was distributed to all the grant applicants and local service providers. A public notice was issued and posted at City Hall, the Auburn Senior Center, and on the City of Auburn’s website on October 1, 2013; this information was also published in The Seattle Times announcing that copies of the proposed 2014 Action Plan were available for public review. The City Council schedules a public hearing to gather testimony about the plan before it takes action to review and adopt it. The following outlines the remaining steps regarding citizen participation and consultation for the 2014 Action Plan: October 4, 2013: Start of Public Review Process November 4, 2013: Public Hearing End of Public Review Process Council takes action to adopt the 2014 Annual Action Plan November 15, 2012: Deadline to submit the plan to HUD HOUSING AND COMMUNITY DEVELOPMENT RESOURCES 2014 CDBG ESTIMATED RESOURCES In 2013 the City of Auburn received over $530,000 of CDBG funds. In 2014 the City estimates that its CDBG funds will increase slightly from last year’s CDBG entitlement. The 2014 Action Plan includes a contingency plan in the event that CDBG funds increase or decrease. CDBG ESTIMATED RESOURCES $525,000 CDBG 2014 Entitlement (estimated) $525,000 Total Estimated CDBG Funds Available in 2014 RES.A Page 136 of 169 October 22, 2013 4 OTHER RESOURCES General Funds The City of Auburn allocates up to one percent (1%) of its prior year’s general fund expenditures to provide human services for Auburn residents through contracts with non-profit agencies. Assuming the City will continue to receive the same amount of general fund revenues, the estimated allocation from General Fund budget for human service grants is $550,000 in 2014. TOTAL RESOURCES Funding Source 2014 -- CDBG Funds $ 525,000 -- General Funds $ 550,000 Total Estimated Funds Available $ 1,075,000 CITY OF AUBURN FUNDING PRIORITIES The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty within the City of Auburn. Toward this end, the City will give funding priority to programs that - in addition to complying with federal regulations and addressing a priority outlined in the Consolidated Plan - are consistent with the following anti-poverty strategy for resource allocation. 1. Each project must satisfy one of the three following overriding goals: § Help people move out of poverty; § Prevent people from entering poverty; § Address the basic needs of people living in poverty. 2. In making funding decisions, the City will give priority to programs that: § Support, complement or are consistent with other current City plans; § Are sustainable over time; § Have demonstrated cooperation and collaboration among government, private nonprofit agencies and the private sector to maximize impacts and reduce administrative costs; § Do not have a more appropriate source of funds. 3. The City will give priority to programs that provide services addressing the basic needs of Auburn's most at-risk populations. A priority population for CDBG-funded services is individuals who are denied, by poverty and historical institutional practices, the opportunity to develop their full potential and to enjoy the benefits of community participation. 4. CDBG funded services must be, to the fullest extent possible, appropriate and accessible to people who may face special barriers in accessing services. RES.A Page 137 of 169 October 22, 2013 5 5. The CDBG program was built on a premise of citizen participation in the formation of policies, including funding decisions, which address neighborhood and community needs. The City will give priority to programs that promote community initiatives to identify priority needs and to address those needs. 6. The City will give priority to programs that build and support the capacity of local organizations to address the needs of Auburn residents. 7. The City will give priority to programs that support economic development and promote access to quality jobs - positions that pay well enough to support an adequate standard of living, allow the purchase of housing and other basic necessities, offer stability and decent working conditions, and provide opportunities for advancement. 8. Funding priority will be given to agencies that provide direct services to Auburn residents at locations within the city limits of Auburn. COMMUNITY RESULTS DESIRED BY THE CITY OF AUBURN The City of Auburn solicited proposals from local service providers to achieve the following community results within the areas listed below. Population performance indicators will be applied to assess the overall success of the effort and the value of ongoing support; these indicators will be utilized to determine the effectiveness of individual programs. Overall Result: One-Stop Center The City of Auburn will fund human service providers who participate in the design, development and operation of a One-Stop Center in Auburn and the efficient, collaborative and integrated delivery of services it offers. Agencies who agree to participate in the design and development of a One-Stop Center in Auburn may apply for funding to accomplish one or more of the following community results: § Abused and Neglected Children: The City of Auburn will fund human service providers that increase supportive services to children who are neglected and abused, specifically the number of children who are victims of on-going and repeated neglect and abuse, within the city of Auburn by 15% over the next three (3) years. § Victims of Domestic and Sexual Assault: The City of Auburn will fund human service providers that increase the number of Auburn residents, who are victims of domestic violence, that make the transition to a safe environment and self-determining lifestyle by 15% within the next three (3) years. § Poverty Reduction: The City of Auburn will fund human service providers who increase the number of Auburn residents no longer living in poverty by 15% within the next three (3) years. § Substance Abuse: The City of Auburn will fund human service providers to develop strategies that increase the successful completion of treatment programs by Auburn residents who have serious behavioral and health problems due to substance abuse and chemical dependency by 15% within a three (3) year period. § Physically and Mentally Fit: The City of Auburn will fund human service providers that increase the availability, accessibility and use of health care to its low income residents by 15% within a three (3) year period. RES.A Page 138 of 169 October 22, 2013 6 2014 PROPOSED ACTIVITIES TO ACHIEVE RESULTS The City of Auburn requested proposals to achieve the following national objectives and community results. Create a Suitable Living Environment: § One-Stop Center: -- Create a suitable living environment for Auburn's low income residents and people with special needs by using its CDBG funds to make available float loans and Section 108 Loan Guarantees to leverage the funds necessary to develop a Community Center and future campus for the One-Stop Center which will provide for the collocation and integrated delivery of human services. § Abused and Neglected Children: -- The City of Auburn proposes to allocate approximately $180,000 of its General Funds, to generate approximately 7,700 hours of services and 160 home visits that will benefit 1,657 Auburn adults and children, for the purpose of reducing chronic abuse and neglect of children. § Victims of Domestic and Sexual Assault: -- The City of Auburn proposes to allocate $89,000 of its General Funds to provide 1,500 referrals for assistance, 160 shelter bednights, 700 hours of case management and 550 hours of therapy to approximately 600 victims of domestic violence and sexual assault. § Physically and Mentally Fit: -- Create a suitable living environment by making health care available to 78 or more low- income, uninsured Auburn residents by allocating $40,000 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- Create a suitable living environment by making dental care available to 70 or more low- income, uninsured Auburn residents by allocating $23,000 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- The City proposes to allocate an additional $45,000 of its General Funds for the purpose of creating access to health care to over 1,000 low-income Auburn residents and enabling over 3,200 visits to qualified health care providers. § Poverty Reduction: -- The City of Auburn proposes to allocate $80,500 of its General Funds to provide nearly 12,000 Auburn residents emergency assistance such as food, financial assistance, and clothing. -- The City of Auburn proposes to allocate $14,500 of its General Funds to provide over 60 Auburn senior citizens congregate meals and home-delivered meals and over 1,200 Auburn residents a weekly meal. -- The City of Auburn proposes to allocate $51,000 of its General Funds to provide over 100 Auburn residents more than 3,900 bednights of emergency shelter and/or transitional housing. RES.A Page 139 of 169 October 22, 2013 7 § Substance Abuse: -- The City of Auburn proposes to allocate $10,000 of its General Funds to support a program that provides integrated care to non-Medicaid clients who require both substance abuse treatment and mental health counseling. Provide Decent Housing: § Maintain the affordability of decent housing for very low-income Auburn residents by allocating $200,000 of CDBG funds to the City of Auburn's Housing Repair Program for the purpose of providing repairs necessary to maintain suitable housing for 40 Auburn homeowners, including 20 homeowners who are senior citizens and 5 homeowners who lack safe access in or out of their homes due to physical disabilities or impairment. Expand Economic Opportunities: § Create economic opportunities by providing the availability and access to counseling and training for approximately 25 Auburn residents who are either trying to sustain or create a small business and, collectively generate 25 or more jobs by allocating $37,500 of CDBG funds to the Green River Community College's Small Business Assistance Center. § Create economic opportunities by providing the availability and access to train approximately 15 very-low income Auburn residents so that at least half of them can find and sustain a job by allocating $15,000 of CDBG funds to the Multi-Service Center Employment Program. RES.A Page 140 of 169 October 22, 2013 8 DISTRIBUTION OF FUNDS CDBG Funds Proposed CDBG Disbursements 2014 Public Services -- HealthPoint: Dental & Medical Care $63,000 -- Multi-Service Center Employment Program $15,000 subtotal: Public Services $78,000 Capital Funds -- Affordable Housing 2.. City of Auburn Housing Repair Program $200,000 -- Suitable Living Environment 2.. Youth Outreach Center $100,000 -- Economic Development 2.. GRCC Small Business Assistance Center $37,500 2.. Downtown Business Façade Program $9,500 subtotal: Capital Funds $347,000 Administration -- Program Management 2. City of Auburn Community Services $100,000 subtotal: Administration $100,000 Total CDBG Funds: $525,000 Source of CDBG Funds: 2014 -- 2014 Estimated Entitlement: $525,000 Total Estimated CDBG Funds $525,000 RES.A Page 141 of 169 October 22, 2013 9 Human Services Funding 2014 Auburn Human Service Agencies: 2014 Abused & Neglected Children 2 AYR: ACAP Childcare Subsidies 20,000 2 Auburn Youth Resources 85,000 2 Birth to Three Development Center 10,000 2 CHS: Family Resource Center 20,000 2 CHS: Strengthening Families Program 10,000 2 Dynamic Partners: Children Therapy Center 10,000 2 Communities In Schools 5,000 2 Pediatric Interim Care Center 10,000 subtotal: 170,000 Domestic Violence & Sexual Assault 2 Consejo 10,000 ... Crisis Clinic: 2-1-1 Line, 24 Hr., Teen Link 3,000 2 DAWN: Housing 9,000 2 KCSARC 22,500 2 Jubilee Center: Latino Program 7,500 2 VCCC: DV Victim Support 10,000 2 YWCA: Children DV Services 5,000 2 YWCA: DV Services 20,000 subtotal: 87,000 Physically & Mentally Fit / Substance Abuse 2 Auburn Respite 10,000 2 Christ Community Free Clinic 20,000 2 Senior Services Vol. Transportation 5,000 2 SKC: Mobile Medical Program 10,000 2 VCCC: COD Treatment 12,000 subtotal: 57,000 RES.A Page 142 of 169 October 22, 2013 10 Human Services Funding 2014 (Continued) Auburn Human Service Agencies: 2014 Poverty Reduction 2 AFB: Emergency Food 35,000 2 AFB: Community Suppers 5,000 2 Auburn Senior Center: Meals Program 5,000 2 CCS: CHORE Program 3,000 2 CCS: HOME/ARISE 15,000 2 CCS: Katherine’s House & Rita’s House 5,000 2 Senior Services: Meals on Wheels 7,000 2 Multi-Service Center: Emergency & Transitional Housing 8,000 2 Neighborhood House 5,000 2 Pregnancy Aid 5,000 2 St. Vincent de Paul: Assistance 10,000 2 South Mental Health: PATH 5,000 2 South King Council of Human Services 10,000 2 Ukrainian Center: Crisis Intervention 5,000 2 Ukrainian Center: Refugee Assistance 7,500 2 WWEE: REACH 8,000 2 YWCA: Emergency Housing 4,000 2 YWCA: Transitional Housing 14,000 subtotal: 156,500 Total General Fund Human Services $470,500 Contingency Plans for Changes in Funding Total appropriations may not exceed actual revenues and no liability is to be incurred in excess of appropriations. In the event that actual revenues are different than the revenues estimated by the CDBG budget, the following actions shall be taken: (a) CDBG Public Service Programs: In the event the City receives a lesser amount of CDBG funding than budgeted for public services, then the reduction will be made as follows: 1. Reduce or eliminate the appropriation to the Multi-Service Center's Employment Program by $7,500 or the amount of the funding reduction, which ever amount is less. 2. Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of the reduction, which ever amount is less. RES.A Page 143 of 169 October 22, 2013 11 (b) CDBG Capital-Funds Programs: In the event of a reduction in CDBG capital funds, the amount of reduction will be prorated evenly among the funded project. (c) Unspent CDBG Capital Grants: The funds appropriated to subrecipients for capital improvements must be expended within the term of the subrecipient’s CDBG grant agreement. CDBG funds appropriated for capital improvements will be considered abandoned, and the funds will be re-appropriated, if any of the following conditions exist: (a) The term of the grant agreement expires and the subrecipient fails to request an extension in accordance with the terms of the agreement. (b) The subrecipient fails to submit a request for reimbursement or fails to submit an activity report during the program year. (c) The subrecipient fails to make the project “bid ready” within the first year after the appropriation. “Bid ready” means that, at a minimum, the bid specifications are drafted and the subrecipient is ready to solicit bids. (d) General Fund Public Services: 1. Reduction of General Fund Revenues: In the event of a reduction in the general fund appropriation for human services, the reductions will be applied in the following order: (a) Communities In Schools: the lesser of $5,000 or the amount of the reduction. (b) St. Matthew's Jubilee Center's Latino Program: the lesser of $7,500 or the remaining amount of the reduction. (c) CHORE Program: the lesser of $3,000 or the remaining amount of the reduction. (d) If the above reductions remain less than the total amount of the general fund reduction, then the remaining amount of the reduction will be applied evenly by a prorated amount among the remaining appropriations. 2. Increase in Funding: In the event of an increase in funding, then previous reductions in appropriated amounts, if any, will be restored to the amounts recommended for 2014 in the reverse order in which the above reductions were made. If funds remain after all reductions have been restored, then the remaining funds will be distributed according to the allocation recommended by the Planning and Community Development Committee and approved by the City Council. FAIR HOUSING The City of Auburn continues to monitor compliance with the Fair Housing Act. Complaints are referred to the Washington State Human Rights Commission for resolution. In 2006, the City completed an Analysis of Impediments to Fair Housing Choice (AI) as required for CDBG entitlement communities. The Fair Housing Consultant identified three impediments and made three recommendations. The recommendations were: · Expand current education and outreach efforts; RES.A Page 144 of 169 October 22, 2013 12 · Continue ongoing enforcement activities; and · Target homeownership and lending marketing to minority households. The City has implemented and continues to expand these recommendations. Information about Fair Housing has been put on the City of Auburn's website and made available at City Hall. The information will include links pertaining to where residents can file a complaint in the event of alleged discrimination. Information will be available in English and Spanish. Summary data regarding the number of fair housing complaints filed against landlords and realtors in Auburn will be reported in the CAPER. The City is currently working with the Puget Sound Regional Council (PSRC) and the entitlement jurisdictions to complete and adopt a broader AI in conjunction with HUD Region X. PUBLIC HOUSING The City of Auburn continues to support public housing communities located within its city limits. Many of the residents who receive the services provided by the City's human service grants live in public housing communities. Two grant recipients are located within public housing communities. In addition, the City of Auburn's Housing Repair program serves approximately 10 – 12 residents per year who live at Tall Cedars Mobile Home Park, which is owned by the King County Housing Authority. Home repairs include furnaces, hot water tanks, wheelchair ramps and other repairs necessary to keep the home habitable. The following summarizes the grants provided to specific public housing communities: Agency/Program Public Housing Community Amount Auburn Food Bank Burndale $40,000 Housing Repairs Tall Cedars Mobile Home Park $50,000 Total: Public Housing Community Programs $90,000 CHRONIC HOMELESSNESS The City of Auburn will continue to provide funding to regional and local agencies that provide assistance to homeless families. In 2014 the City will strive to maintain a continuum of care for homeless families that includes emergency assistance, emergency shelters, severe weather shelter and transitional housing. In addition, the City provides funds for the provision of medical care, childcare and employment training to help prevent people from becoming homeless. The City of Auburn plans to allocate $55,000 of its General Funds to provide more than 4,000 bednights of emergency shelter and/or transitional housing to approximately 120 Auburn residents. The following summarizes the grants awarded with the intent to reduce chronic homelessness: RES.A Page 145 of 169 October 22, 2013 13 Agency / Program Award Residents Services Provided Catholic Community Services Katherine’s House & Rita’s House $5,000 3 transitional housing DAWN Confidential Shelter $9,000 15 160 bednights Multi-Service Center $8,000 29 870 bednights HOME/ARISE Emergency Shelter $15,000 30 1,650 bednights YWCA Emergency & Transitional Housing $18,000 46 1,400 bednights Total: $55,000 123 4,080 bednights GEOGRAPHIC DISTRIBUTION CDBG funds spent on neighborhood revitalization and housing repairs for targeted neighborhoods will occur primarily within the Census Tract 306 and Census Tract 307. According to the Census Bureau, these two census tracts are predominantly low income with median household incomes less than 80% of the King County median household income. Public services funded with CDBG funds and housing repairs in non-targeted neighborhoods will be offered to low income or limited clientele residents citywide. LEAD-BASED PAINT HAZARDS The City of Auburn will continue to implement U.S. Department of Housing and Urban Development (HUD) regulations to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government. The requirements apply only to housing built before 1978; the year lead-based paint was banned nationwide for consumer use. The following table summarizes actions required by these regulations. Amount of Grant <$5,000 $5,000-$25,000 > $25,000 General Approach Do No Harm Identify and control lead hazards Identify and abate lead hazards Notification Pamphlet Pamphlet & Notice of Assessment Pamphlet & Notice of Hazard Reduction Evaluation Visual Paint Testing Risk Assessment Reduction Strategy Repair surfaces disturbed during rehab work Interim Controls Abatement and Interim Controls RES.A Page 146 of 169 October 22, 2013 14 BARRIERS TO AFFORDABLE HOUSING The City of Auburn will continue to look at policies that remove barriers to affordable housing. The City of Auburn's Comprehensive Land Use includes several policies and objectives that will guide the City toward achieving its affordable and fair housing goals. These policies include maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities. The City will continue to pursue mixed use developments that are consistent with the transportation oriented developments located in Auburn's downtown. The City will look for opportunities with public and private agencies to implement policies and offer programs that help alleviate physical and economic distress, conserve energy resources, improve the quality and quantity of community services, and eliminate conditions that are detrimental to health, safety and public welfare. LOW-MODERATE INCOME BENEFITS Over the past three years approximately 90% of the clients served by programs funded with CDBG funds earned low to moderate incomes. The beneficiaries of programs funded in 2014 with CDBG funds are not expected to deviate from these past trends. The City of Auburn will continue to distribute its funds for human services based on priority needs identified for people with low-to-moderate incomes with a particular emphasis on people who live in poverty. POLICIES AND CERTIFICATIONS Agencies applying for CDBG funds are required to respond to general and program specific polices in their applications. All projects are evaluated to determine if they are: 1. Eligible relative to federal guidelines; 2. Consistent with the program objectives and strategies; 3. Consistent with local, state and federal regulations; 4. Feasible within contract and timeline guidelines; and 5. Capable of developing and measuring outcomes. These policies include, among others: · Consistency with local codes and policies; · Restrictions on the change of use of property and buildings which were acquired or improved with CDBG funds; · Minimization of displacement and the provision of relocation assistance; · Adherence to federal wage rates; · Compliance with federal audit requirements; and · Adherence to and enforcement of lead-based paint abatement regulations, fair housing laws and affirmative action. RES.A Page 147 of 169 October 22, 2013 15 DOCUMENTATION AND ON-SITE MONITORING Detailed records are maintained and reviewed to determine and assure agency compliance with its contract and other applicable regulations. Deficiencies in record keeping are documented and technical assistance to correct noted deficiencies is provided. The failure to comply with contractual requirements and regulations could result in remedial actions and/or the termination of funding. FISCAL AUDITS The City conducts an internal audit to ensure that its records are complete and agencies are complying with applicable rules and regulations. In addition, the City’s records are subject to an independent annual audit by the State Auditor. Both the City's internal audit and the State Auditor test to determine the City’s compliance with the following CDBG requirements: § Political Activity; § Davis-Bacon and Related Acts; § Civil rights; § Cash Management; § Federal Financial Reports; § Allowable Costs & Cost Principles; § Drug-Free Workplace Act; and § Various administrative requirements. MORE INFORMATION For more information and/or to get on the City's mailing list for Consolidated Plan updates and grant applications, please contact: Michael Hursh, Advisor to the Mayor Department of Administration 25 West Main Street, Auburn, WA 98001 Phone: (253) 804-5029 Email: mhursh@auburnwa.gov RES.A Page 148 of 169 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5003 Date: October 28, 2013 Department: Planning and Development Attachments: Resolution No. 5003 Exhibit A - Remedial Action Grant Agreement Figure 1 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5003. Background Summary: In 2011, the Boeing Company notified the City of Auburn that a release of the chemical trichloroethylene (TCE) that is thought to have occurred at its fabrication plant located at 700 15th Street SW between 1973 and 1994, had migrated offsite to the north and west of the facility (see Figure 1, attached). The Boeing Company (Boeing) is currently conducting a remedial investigation overseen by the Department of Ecology (Ecology) to determine the full extent of soil and groundwater contamination associated with the release. The City of Auburn is actively monitoring the remedial investigation process that is underway, and upon completion of the remedial investigation, a remedial action plan is expected to be developed, approved by Ecology, and implemented by Boeing. The City has requested financial assistance from Ecology in the form of a remedial action grant to address broader concerns that have arisen from the TCE groundwater contamination, such as public health, ecological health, worker safety, and potential economic impacts. The grant will be used to help address these issues and to develop strategies to promote redevelopment of properties impacted by the groundwater contamination. The grant will not be used to fund remedial investigation or remedial actions that are otherwise already required to be conducted under state and federal law. Overview of Remedial Action Grant (Integrated Planning Grant) The grant provides the City with $186,000.00 on a cost reimbursement basis to complete the approved project, and is retroactively effective from May 1, 2013 to June 30, 2015. No City matching funds are required. AUBURN * MORE THAN YOU IMAGINEDRES.B Page 149 of 169 The grant-funded project consists of three main activity areas: 1) Environmental Review; 2) Economic Assessment; and 3) Community Involvement and Redevelopment Planning. Task 1: Environmental Review . The environmental review task is supplemental to the environmental review performed for the remedial investigation, and will help to identify any data gaps and to identify sources for acquiring the additional data. This task will also provide information to assist the City in understanding and communicating the impacts associated with the groundwater plume on public health, land use, and the local economy. Task 2: Economic Assessment . The economic assessment task involves the development of a GIS-based data model for characterization and valuation of economic impacts associated with the groundwater contamination plume, and an economic impact evaluation. This task will also assess public/stakeholder awareness of contamination and collect suggestions regarding public communication strategies and short/long-term mitigation. Task 3: Community Involvement and Redevelopment Planning . This task will create a development strategy to facilitate continued operation and redevelopment of properties in the impacted area. This task will also develop an on-going strategy for public outreach and communication with Auburn’s residential and the economic development community, focusing on communication, messaging, and education. The Planning and Community Development Committee reviewed Resolution No. 5003 at their October 28, 2013 and recommended approval. Reviewed by Council Committees: Finance, Planning And Community Development Other: Planning, Legal Councilmember:Backus Staff:Welch Meeting Date:November 4, 2013 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 150 of 169 RESOLUTION NO. 5 0 0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF AUBURN AND THE STATE DEPARTMENT OF ECOLOGY WHEREAS; a plume of groundwater contaminated with Trichloroethylene TCE) and related chemical breakdown products originating from the Boeing Aubum Site has impacted an area within the western portion of Aubum; and WHEREAS, the Boeing Company is conducting a remedial investigation overseen by the Washington State Department of Ecology to determine the nature and extent of the contamination to provide information for future remedial actions; and WHEREAS, the City has concems regarding the impacts of the contamination that are broader than the anticipated scope of the state-directed remedial investigation, including the poterrtial for adverse effects related to economic, public health, property management, and worker safety impacts; and WHEREAS, the City lacks the resources necessary to address'issues thaY are associated with the groundwater contamination but may not be addressed by the state-directed remedial investigation; and WHEREAS, the city applied for and was awarded a Remedial Action Grant from the Department of Ecology; and WHEREAS, the Remedial Action Grantwould provide $186,000.00 to the City to assist with monitoring and participating in the state-directed remedial investigation, and to carry out an area-wide planning effort to investigate potential Resolution No. 5003 October 28, 2013 Page 1 of 3RES.B Page 151 of 169 impacts that the groundwater contamination may pose to the City, and to develop strategies to address such impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor of the City of Aubum and the Aubum City Clerk are hereby authorized to execute a Remedial Action Grant Agreement between the City of Auburn and the Department of Ecology which agreement shall be in substantial conformity with the Agreement attached hereto as Exhibit A° and incorporated herein by this reference.. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2013. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 5D03 October 28, 2013 Page 2 of 3RES.B Page 152 of 169 APPRO D AS TO FORM: Daniel B. Heid, Ci Attorney Resolution No. 5003 October 28, 2 13 Page 3 of 3RES.B Page 153 of 169 REMEDIAL ACTION GRANT AGREEMENT G1400334 BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF AUBURN This is a binding agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and the City of Auburn, hereinafter referred to as the “RECIPIENT ,“ to carry out the activities described herein. RECIPIENT ADDRESS 25 W Main St Auburn, WA 98001-4998 RECIPIENT REPRESENTATIVE Peter B. Lewis, Mayor RECIPIENT PROJECT MANAGER Chris Andersen, 253-876-1962 RECIPIENT FINANCIAL MANAGER Darcie Hanson, 253-804-5064 ECOLOGY FINANCIAL MANAGER Lydia Lindwall, 360-407-6067 ECOLOGY PROJECT MANAGER John Means, 360-407-7188 FUNDING SOURCE Local Toxics Control Account (LTCA) MAXIMUM ELIGIBLE COST $186,000 STATE GRANT SHARE $186,000 RECIPIENT GRANT SHARE $0 MAXIMUM STATE SHARE PERCENT 100% FEDERAL TAX IDENTIFICATION NUMBER 91-6001228 EFFECTIVE DATE OF THE AGREEMENT May 1, 2013 EXPIRATION DATE OF THE AGREEMENT June 30, 2015 RES.B Page 154 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 2 PART 1: SITE HISTORY AND BACKGROUND Site Description: This project considers brownfield properties impacted by area-wide groundwater contamination from the Boeing Auburn Site (Facility Site ID 2018, Cleanup ID 5049). The Boeing Auburn Site is owned and operated by Boeing. Boeing formerly operated a trichloroethylene (TCE) vapor degreaser and a 1,1,1-trichloroethane vapor degreaser in the former 17-05 Building, in the current location of the Area 1 building. The Area 1 building is located east of Perimeter Rd and south of 15th St SW in Auburn. Boeing is the identified Potentially Liable Person (PLP) under the Agreed Order. The impacted area encompasses approximately 768 acres of the City of Auburn and the adjacent City of Algona. The estimated location of the impacted area is north and northwest of Boeing’s current property boundaries. Auburn is a suburban community located approximately 30 miles south of Seattle. Problem to be Addressed: Areas affected by the groundwater plume from the Boeing Auburn Site have become a large brownfield site with both real and perceived environmental impacts. Multiple contaminants of concern (COCs) have been identified at the Boeing Auburn Site. TCE and its breakdown products are the primary COCs, given the nature of the known source. COCs have migrated outside the Boeing and Area 1 property boundaries via groundwater transport and may present an exposure risk to both human and ecological receptors via contamination of drinking water sources, discharge to surface water bodies, or volatilization to indoor air. A secondary source area is suspected, but has not been confirmed. The presence of the plume threatens to diminish property values in the area, freeze real estate transactions, and restrict future development outside the impacted area, potentially decreasing the RECIPIENT’s tax and permit revenues. Public awareness of the site is increasing and uncertainty associated with human and ecological health risks and environmental impacts to properties is creating challenges for the RECIPIENT. Purpose of the Project: The Remedial Investigation/Feasibility Study (RI/FS) process underway for groundwater contamination associated with the Boeing Auburn Site is financed by the PLP with formal oversight from ECOLOGY. Therefore, this project will not fund remedial investigation or remedial actions that are the responsibility of the PLP. The RECIPIENT would like to address broader concerns that have arisen from the plume, such as public health, ecological health, worker safety, property management, and financial impacts. The RECIPIENT proposes to use the Integrated Planning Grant to develop strategies to promote redevelopment of properties impacted by area-wide groundwater contamination from the Boeing Auburn Site. The RECIPIENT would like to address key data gaps that remain in the characterization and understanding of the site. The RECIPIENT will create strategies to address concerns on City-owned properties. These strategies will also address challenges on privately owned properties impacted by the groundwater contamination. Impacts to private property could have an impact on the RECIPIENT because of diminished tax and permit revenues and market uncertainty for real estate. RES.B Page 155 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 3 PART 2: SCOPE OF WORK The tasks set forth below summarize the RECIPIENT’s activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY in the current budget. TASK 1: GRANT AND PROJECT ADMINSTRATION This task funds RECIPIENT’s eligible costs ECOLOGY deems reasonable and necessary to administer the grant and project activities. Eligible administrative costs may include: • Costs incurred ensuring compliance with the terms of the grant. • Costs to conduct, coordinate, and schedule project activities in the scope of work. • Costs of meetings and communications with the public, consultants/contractors, or ECOLOGY. • Costs of procurement and management of consultants and construction contractors. • Quality control and quality assurance oversight of all project elements. • Prepare and submit payment requests, and progress or other reports. • Grant administration, billing, and reporting. • Development and maintenance of grant files. • Recipient travel and training approved in advance. • Purchase services, supplies, tools, and equipment needed to accomplish grant tasks. Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY’s Financial Manager. Refreshments for meetings must be approved in advance by the Financial Manager. Any costs incurred without prior approval by the Financial Manager are the responsibility of the RECIPIENT. TASK 2: REMEDIAL INVESTIGATIONS This task funds the RECIPIENT’s eligible costs ECOLOGY deems reasonable and necessary to plan and perform supplemental Remedial Investigations for the impacted area. This includes all draft and final plans and reports. Eligible costs may include: • Data collection plans/sampling plans. • Surface, groundwater, municipal drinking water well, and private drinking water well data collection and analyses. Costs for remedial investigation or remedial actions that are the responsibility of the PLP are not eligible. The RECIPIENT will consult and coordinate with ECOLOGY in the development of consultant scopes of work for activities under this task. The RECIPIENT will provide ECOLOGY with draft and final copies of plans, reports, analyses, technical documents, data, and other deliverables prepared under this task. The RECIPIENT will work in close coordination with ECOLOGY as both a financial and a technical partner on activities performed under this task. RES.B Page 156 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 4 TASK 3: INTEGRATED PLANNING This task will include costs ECOLOGY determines reasonable and necessary for the RECIPIENT to participate in the RI/FS review process and complete economic assessment, planning, and development of implementation strategies for the site. Eligible costs include the following: • Review of reports and technical documents related to RI/FS process. • Technical communication. • Economic impact research. • Conceptual economic impact model. • GIS analysis. • Stakeholder interviews and survey. • Economic impact evaluation. • Community involvement. • Development strategies. • Policy recommendations. Costs for remedial investigation or remedial actions that are the responsibility of the PLP are not eligible. The RECIPIENT will consult and coordinate with ECOLOGY in the development of consultant scopes of work for activities under this task. The RECIPIENT will provide ECOLOGY with draft and final copies of plans, reports, analyses, technical documents, communication materials, public information materials, web page content, open house agendas, economic and GIS models, interview and survey instrument design, and other deliverables developed under this task. The RECIPIENT will work in close coordination with ECOLOGY as both a financial and a technical partner on activities performed under this task. RES.B Page 157 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 5 PART 3: FUND SOURCE AND BUDGET A. FUND SOURCE Total Eligible Project Cost $186,000 Fund Fund Share (%) Maximum Fund Amount Local Toxics Control Account (LTCA) 100% $186,000 Match Requirement Match Share (%) Match Amount Cash Match 0% $0 B. BUDGET Grant Tasks Estimated Eligible Cost Estimated Maximum Fund Amount Estimated Start Date Estimated End Date 1. GRANT AND PROJECT ADMINISTRATION $10,000 $10,000 5/1/2013 12/31/2014 2. REMEDIAL INVESTIGATIONS $40,000 $40,000 7/1/2013 12/31/2014 3. INTEGRATED PLANNING $136,000 $136,000 5/1/2013 12/31/2014 TOTAL: $186,000 $186,000 5/1/2013 12/31/2014 RES.B Page 158 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 6 C. BUDGET CONDITIONS 1. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement is at the sole expense of the RECIPIENT. 2. Overhead is eligible at a rate of up to 25 percent of RECIPIENT staff salaries and benefits for time devoted to tasks outlined in this agreement. 3. The RECIPIENT shall provide ECOLOGY a list of staff that will be working on the project, their title and role, the percentage of time they will devote to grant projects, their salary rate, and their benefit rate. 4. To increase or decrease state funding or change the scope of work, ECOLOGY requires a formal amendment. Reallocating funds among grant tasks may be performed through a letter amendment. PART 4: SPECIAL TERMS AND CONDITIONS A. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). B. BILLING 1. Unless otherwise approved in writing by the ECOLOGY Financial Manager, the RECIPIENT shall submit a payment request to ECOLOGY quarterly. 2. The RECIPIENT shall submit payment requests on ECOLOGY provided forms that include an A-19, B2, C2, E, and a progress report, unless alternative forms are approved by the ECOLOGY Financial Manager. 3. Except for the A-19, ECOLOGY prefers the electronic submittal of payment requests and backup documentation. If the RECIPIENT submits paper copies, the RECIPIENT must submit one copy to the ECOLOGY financial manager, and one copy to the ECOLOGY project manager. 4. The final payment request shall include a Final Project Report on ECOLOGY provided forms unless otherwise approved by the ECOLOGY Financial Manager. 5. In-kind services are not eligible for match. 6. Legal costs are not grant eligible. RES.B Page 159 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 7 7. Some costs require the ECOLOGY Financial Manager’s approval. It is the RECIPIENT’s responsibility to understand the eligibility of costs and their responsibility to obtain approvals prior to incurring costs. Costs incurred without required prior approvals may be at the sole expense of the RECIPIENT. C. DOCUMENTATION 1. RECIPIENT shall include the supporting documentation for all expenses, including RECIPIENT salary and benefits. Supporting documentation includes contractor and subcontractor invoices and receipts, accounting records, or any other form of record that establishes the appropriateness of an expense. 2. ECOLOGY may request additional documentation if needed to determine if a cost will be allowed. 3. RECIPIENT shall provide clear and legible supporting documentation and present it organized by task as entered on the C2. 4. RECIPIENT accounting procedures shall include maintaining supporting documentation in a common grant file. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and vouchers sent to ECOLOGY. The Recipient shall keep all supporting documentation for audit purposes for at least three years after the expiration date of the agreement. D. EQUIPMENT ACQUISITION, USE MANAGEMENT, AND DISPOSITION Equipment Acquisition: The RECIPIENT may purchase equipment needed to accomplish the scope of work in the grant agreement, with written approval by ECOLOGY’s Financial Manager. The RECIPIENT is responsible for any costs the Financial Manager does not approve. Generally, the ECOLOGY Financial Manager will need the following information to evaluate requests to purchase equipment: 1. Description of the equipment, including identification of operation and maintenance items that are to be grant funded (such as insurance, repairs, fuel, etc.). 2. Justification for the purchase, including analysis of rent vs. purchase. 3. Total Cost, including estimate of operation and maintenance costs. 4. Useful life-expectancy of the equipment. Equipment Use: During the effective dates of the agreement and any amendments thereto, equipment purchased with grant funds must be used to accomplish activities funded by the agreement. It may be used for activities not funded by the agreement as long as that use does not interfere with work on the originally authorized projects. The RECIPIENT may not use the equipment to provide services for a fee to compete unfairly with private companies providing equivalent services, unless specifically permitted by statute. RES.B Page 160 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 8 The RECIPIENT agrees to make equipment purchased with grant funds available for use by ECOLOGY as long as that use does not interfere with work on the originally authorized projects. Equipment Management: The RECIPIENT agrees to maintain and manage the equipment properly to optimize its life span. The RECIPIENT must have in place some form of inventory control system that includes a physical inventory to document where the equipment is being used, and a maintenance record that insures the equipment is being kept in good working condition. Equipment Disposition: When the equipment is no longer needed for the originally authorized purpose, the RECIPIENT shall dispose of purchased equipment by sale for fair market value, ensuring the highest possible return. Proceeds shall be used for RECIPIENT’s monitoring or other cleanup related activities. E. FAILURE TO COMMENCE AND SUSTAIN WORK In the event the RECIPIENT fails to commence work under this agreement within 3 months, or sustain work in accordance with the work schedule established in the order or decree for the site, ECOLOGY reserves the right to terminate this agreement. F. MINORITY AND WOMEN’S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 6. The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the following information on the ECOLOGY provided Form D: i. Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. ii. The total dollar amount paid to qualified firms under this invoice. RES.B Page 161 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 9 G. PROCUREMENT AND CONTRACTS a) The RECIPIENT certifies that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in the Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY’S Project Manager. Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the ECOLOGY Project Manager for review and approval. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to ECOLOGY’s Project and Financial Managers. H. REPORTING 1. Progress Reports: The RECIPIENT shall submit progress reports with each payment request. The RECIPIENT shall submit a progress report no less frequently than quarterly, even if a payment request is not submitted. These reports shall be in accordance with the ECOLOGY- approved reporting format as indicated in the Remedial Action Grant Guidelines, or as otherwise approved by the ECOLOGY Financial Manager. ECOLOGY shall not approve payments without the required progress reports. 2. Spending Plans: The RECIPIENT shall submit a spending plan to ECOLOGY. The spending plan identifies the RECIPIENT’S quarterly billing projections. The RECIPIENT shall update the spending plan as needed throughout the term of the agreement upon request. 3. Final Project Report: In addition to the progress report that identifies the work performed during the latest billing period, the final payment request shall include a copy of the final project report. This report summarizes the project goals, purpose of the actions conducted, and outcomes of the project. ECOLOGY may withhold final payment pending RECIPIENT’s submittal of the final project report. 4. Sampling data: The RECIPIENT shall submit all sampling data to ECOLOGY in both printed and electronic formats in accordance with WAC 173-340-840(5) and the Toxics Cleanup Program Policy 840: Data Submittal Requirements. ECOLOGY may withhold payment if the RECIPIENT does not submit sampling data. I. STATE-WIDE VENDOR REGISTRATION RECIPIENT will receive payment for approved and completed work through Washington State’s Department of Enterprise Services Statewide Payee Desk. To receive payment you must register as a state-wide vendor by submitting a state-wide vendor registration form and an IRS W-9 form at website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. Contact DES at the Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.wa.gov for any questions about the vendor registration process. RES.B Page 162 of 169 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 10 J. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended or required trainings related to fulfilling the terms of the agreement. K. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall submit a copy of the contract to ECOLOGY upon request. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. L. ALL WRITINGS CONTAINED HEREIN This agreement, including the appended “General Terms and Conditions,” the latest approved budget, Remedial Action Program Guidelines, and ECOLOGY’S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005), contains the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. IN WITNESS WHEREOF, the parties hereby sign this Grant Agreement: STATE OF WASHINGTON CITY OF AUBURN DEPARTMENT OF ECOLOGY _______________________________________ _____________________________ James J. Pendowski, Program Manager Date Peter B. Lewis Date Toxics Cleanup Program Mayor Approved as to form only Assistant Attorney General RES.B Page 163 of 169 1 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's em ployees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement’s final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, p rovide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. RES.B Page 164 of 169 2 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources . The RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions f or submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provide d herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this gr ant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. RES.B Page 165 of 169 3 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law f or state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to t he effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropr iation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. RES.B Page 166 of 169 4 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or abilit y to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced prod ucts (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability.. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT m ay, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. RES.B Page 167 of 169 5 Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Direc tor or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04 RES.B Page 168 of 169 Supermall ofthe GreatNW AlgonaBlvdN 29th St SE 4th St SE 4th St NE 8th St NE E Main StW Main St 17th St SE 15th St SW 3rd St NW Aub u r n A v e A St SE 21st St SE 12th St SE 3rd St NE SR164 B oundary Blvd M a i n S t AuburnWayN C St NW O St SW SR 18 Ramp C St SW We s t V a l l e y H w y S S R 1 6 7 R a m p MountVie w Dr Au b u r n W a y S W e s t V a l l e y H w y SR167 Ramp S R 1 8 SR 167 BN Inc Rd BN I n c R a i l AlgonaAlgona AuburnAuburn Figure 1TCE Plume for AllAquifer Zones Combined(MTCA B) Source: Basemap (including parks and retail centers) obtained from Esri; city boundaries, water bodies, public lands, right of way, and parcel boundaries obtained from Pierce County; off-property buildings and extent of Boeing property digitized from figures obtained from Landau Associates and are approximate; extent of TCE in groundwater obtained from Landau Associates and is based on sampling conducted in 2013; water well locations digitized from figure obtained from Washington Department of Health and are approximate. Notes:1. The screening level for TCE is 0.54 g/L.2. The TCE extent shown is the horizontal extent of TCE in groundwater at concentrations "e 0.5 g/L in all three zones of the upper aquifer. Samples used to delineate the extent of TCE were collected from monitoring wells in June and December 2012 and, in zones where no permanent monitoring well exists, borehole samples collected during the drilling of a co-located well in another zone.3. TCE = Trichloroethylene.4. ft bgs = feet below ground surface.5. MTCA B = Washington State Model Toxics Control Act Method B. 05001,000 Feet Ap p r o v e d B y : h h i r s c h Pr i n t D a t e : 3 / 1 4 / 2 0 1 3 Prod u c e d B y : r m a r o n n Pa t h : X : \ 0 4 5 2 . 0 3 C i t y o f A u b u r n \ P r o j e c t s \ 0 1 \ G r o u n d w a t e r P l u m e A s s e s s m e n t R e p o r t \ F i g 1 _ T C E P l u m e f o r A l l A q u i f e r Z o n e s C o m b i n e d ( M T C A B ) . m x d JuniorAchievement Area 1Amb YMCA Fana SupermallSupermallStormwaterStormwaterPondsPonds Auburn 400Auburn 400North FloodNorth FloodStorage PondStorage Pond Auburn 400Auburn 400South FloodSouth FloodStorage PondStorage Pond MitigationMitigationWetlandWetland Proje c t : 0 4 5 2 . 0 3 . 0 1 - 0 2 KingKingCountyCounty City of AuburnAuburn, Washington This product is for informational purposes and may not have been prepared for, or be suitablefor legal, engineering, or surveying purposes. Users of this information should review orconsult the primary data and information sources to ascertain the usability of the information. p. 971 544 2139 | www.maulfoster.com Legend !H Intermediate Aquifer Zone WaterSupply Well (40 to 60 ft bgs) !H Deep Aquifer Zone WaterSupply Well (80 to >100 ft bgs) Horizontal Extent of TCEin Groundwater Surface Water Right of Way Public Land Parcel Boundary Off-Property Buildings Boeing Property City Boundary Park BoeingProperty RES.B Page 169 of 169