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HomeMy WebLinkAbout02-03-2014 CITY COUNCIL AGENDA PACKET City Council Meeting February 3, 2014 - 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. Goodwill Ambassadors Proclamation Mayor Backus to proclaim Miss Auburn Scholarship Program's 2014 title holders: Jacque Guyette, Miss Auburn 2014 and Vivian Dao, Miss Auburn's Outstanding Teen 2014, as "GOODWILL AMBASSADORS FOR THE CITY OF AUBURN" 2. Appointments to Cemetery Board City Council to confirm the reappointment of the following to the Cemetery Board, for a new three year term to expire December 31, 2016: 1. Warren Olson 2. Robert Rakos 3. Appointments to Parks and Recreation Board City Council to confirm the appointment of the following to the Parks and Recreation Board, for a new three year term to expire December 31, 2016: 1. Joseph Bauman City Council to confirm the reappointment of the following to the Parks and Recreation Board, for a new three year term to expire December 31, 2016: 1. David Domenowske 4. Appointment to Human Services Committee City Council to confirm the reappointment of the following to the Human Services Committee for a new three year term to expire December 31, 2016: 1. Barbara Derda 5. Appointments to Transportation, Transit and Trails Committee Page 1 of 215 City Council to confirm the appointment of the following to the Transportation, Transit and Trails Committee for a new three year term to expire December 31, 2016: 1. John Daniels, Jr. 2. Jim Fletcher D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings 1. Public Hearing on Application from T-Mobile West for Telecommunications Franchise* (Osborne/Mund) City Council to conduct a public hearing to receive public comments, proposals and suggestions on Ordinance No. 6491, granting T-Mobile West LLC, a Delaware Limited Liability Company, a franchise for telecommunications (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. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. January 27, 2014 Minutes* (Peloza) B.Planning & Community Development 1. January 27, 2014 Minutes* (Holman) C.Public Works 1. January 21, 2014 Minutes* (Osborne) D.Finance 1. January 21, 2014 Minutes* (Wales) E.Les Gove Community Campus 1. January 22, 2014* F.Council Operations Committee IV.CONSENT AGENDA Page 2 of 215 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 January 21, 2014 regular meeting* B. 2013 Claims Vouchers (Wales/Coleman) Claims voucher numbers 427123 through 427201 in the amount of $703,843.27 and dated February 3, 2014. C. 2014 Claims Vouchers (Wales/Coleman) Claims voucher numbers 427121 through 427122 and voucher numbers 427127 through 427352 in the amount of $902,658.18 and dated February 3, 2014. D. Payroll Vouchers (Wales/Coleman) Payroll check numbers 534456 through 534490 in the amount of $275,969.29, and electronic deposit transmissions in the amount of $1,312,418.76, for a grand total of $1,588,388.05 for period covering January 16, 2014 to January 29, 2014. E. Public Works Project No. CP0912* (Osborne/Snyder) City Council approve Final Pay Estimate No. 4 for Contract No. 13-03 in the amount of $3,718.60 and accept construction of Project No. CP0912 Citywide Guardrail Improvements F. Public Works Project No. CP1301* (Osborne/Snyder) City Council to award Contract No. 13-20 with Trinity Contractors, Inc on their low bid of $184.265.00 for Project No. CP1301, 2013 Citywide Sidewalk Repair Project (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. 6483* (Peloza/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 6.04.010 of the Auburn City Code relating to animal control licensing (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6483.) B. Ordinance No. 6494* (Wales/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the Local Sales and Use Tax rate for local revitalization financing for 2014 (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6494.) VIII.RESOLUTIONS Page 3 of 215 A. Resolution No. 5025* (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of grant funds in the amount of Thirty-six Thousand Two Hundred Sixty-four Dollars ($36,264.00), and authorizing the Mayor to execute an interlocal agreement between King County and the City of Auburn to accept said funds for implementation of the 2014 Waste Reduction and Recycling grant program (RECOMMENDED ACTION: City Council adopt Resolution No. 5025.) B. Resolution No. 5026* (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a services contract with the Seattle-King County Department of Public Health for reimbursement of funds related to 2014 Local Hazardous Waste Management program activities (RECOMMENDED ACTION: City Council adopt Resolution No. 5026.) C. Resolution No. 5031* (Holman/Snyder) A Resolution of the City Council of the City of Auburn, Washington adopting the Comprehensive Downtown Parking Management Plan (CDPMP) for parking policy development and implementation in downtown Auburn (RECOMMENDED ACTION: City Council adopt Resolution No. 5031.) D. Resolution No. 5032* (Wales/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to impose a Sales and Use Tax as authorized by RCW 82.14.415 as a credit against State Sales and Use Tax relating to annexations (RECOMMENDED ACTION: City Council adopt Resolution No. 5032.) E. Resolution No. 5036* (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a contract between the City of Auburn and the City of Pacific for decant facilities usage (RECOMMENDED ACTION: City Council adopt Resolution No. 5036.) 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. Page 4 of 215 *Denotes attachments included in the agenda packet. Page 5 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing on Application from T-Mobile West for Telecommunications Franchise Date: January 23, 2014 Department: Public Works Attachments: Ordinance No. 6491 Exhibit A Exhibit B Exhibit C Exhibit D Budget Impact: $0 Administrative Recommendation: City Council conduct a public hearing to receive public comments, proposals and suggestions on Ordinance No. 6491, granting T-Mobile West LLC, a Delaware Limited Liability Company, a franchise for telecommunications. Background Summary: Per Auburn City Code Chapter 20.06.030 a public hearing shall be held to consider the proposed Franchise Agreement No. 13-37 for T-Mobile West LLC for existing telecommunication systems within the City’s rights of way. The date of the public hearing was set by Resolution No. 5013 on January 21, 2014 . Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Mund Meeting Date:February 3, 2014 Item Number:PH.1 AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 6 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 1 of 15 ORDINANCE NO. 6491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO T-MOBILE WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR TELECOMMUNICATIONS WHEREAS, T-Mobile West LLC, a Delaware limited liability company(“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of certain public right(s)-of- way within the City, expressly to install, construct, erect, operate, maintain, modify, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way (“Franchise”); and WHEREAS, with respect to some of these facilities, they were previously installed the public rights of ways with the permission of King County, which managed those right(s)-of-way prior to the annexation of those rights of way into the City of Auburn; and WHEREAS, following proper notice, the City Council held a public hearing on Grantee’s request for a Franchise, at which time representatives of Grantee and interested citizens were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, with respect to those facilities previously installed by authorization of King County, this agreement supersedes and replaces all agreements between Grantee and King County; and WHEREAS, based upon the foregoing recital clauses, and from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council in compliance with RCW 35.99 now deems it appropriate and in the best interest of the City and its inhabitants that the franchise be granted to Grantee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, pursuant to RCW 35.99 the City grants to the Grantee general permission to enter, use, and occupy the public right(s)-of-way of the City. However, Grantee shall not extend its occupation of the public rights of way beyond the two facilities that presently PH.1 Page 7 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 2 of 15 occupy the rights of way as specified in Exhibit “A”, attached hereto and incorporated by reference (the “Franchise Area”), without having first obtained an amendment to this agreement and site specific permits from the City authorizing Grantee to install telecommunications equipment at such other locations than specified in Exhibit “A”. B. This Franchise does not authorize the use of the public rights of ways for any facilities or services other than for wireless telecommunications facilities. C. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interferes with Grantee’s rights set forth herein. D. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to City rights-of- way. This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain. Grantee acknowledges that the City has the power of eminent domain and that Grantee’s remedies in the event of the exercise of such power are set forth in RCW 35.99 and other applicable law. E. The City reserves the right to change, regrade, relocate, abandon, or vacate any public right-of-way. If, at any time during the term of this Franchise, the City vacates any portion of the rights of way containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. F. The Grantee agrees that its use of the Franchise Area shall at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2. Notice A. Except as defined in the respective filing and emergency work provisions of Sections 5 and 7 herein, all notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. City or Grantee may from time to time PH.1 Page 8 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 3 of 15 designate any other address for this purpose by providing written notice to the other party effective thirty (30) days after the provision thereof. City: City of Auburn Engineering Aide, Transportation 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Grantee: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attention: Lease Compliance/ City of Auburn Franchise B. Any changes to the above-stated Grantee information shall be sent to the City, referencing the title of this agreement. C. The above-stated voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. Section 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from the date of execution specified in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application specified under ACC 20.06.130, as it now exists or is amended, within the timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-current term), which approval shall not be unreasonably withheld, conditioned or delayed. Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submit those materials reasonably deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC. PH.1 Page 9 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 4 of 15 C. Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise automatically continues month to month until renewed or until either party gives written notice at least one hundred eighty (180) days in advance of the intent not to renew the Franchise. Section 4. Definitions For the purpose of this agreement: “ACC” means the Auburn City Code. "Emergency" means a condition of imminent danger to the health, safety and welfare of persons or property located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots, acts of terrorism or wars. “Maintenance or Maintain” shall mean examining, testing, inspecting, repairing, maintaining, modifying and/or replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation. “Relocation” means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Grantee would accomplish and charge to third parties without regard to municipal request. “Rights-of-Way” means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, and easements, owned or controlled by the City. Section 5. Acceptance of Franchise A. This Franchise, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with the City Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and incorporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guarantees specified in Section 16 (collectively, “Franchise Acceptance”). The date that such Franchise Acceptance is filed with the City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within thirty (30) days after the effective date of the ordinance approving the Franchise, the City’s grant of the Franchise will be null and void. PH.1 Page 10 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 5 of 15 Section 6. Construction and Maintenance A. The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee Facilities. Grantee shall comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work, which shall be done in a thorough and proficient manner. B. Grantee agrees to coordinate its activities with the City and all other utilities located within the public right-of-way within which Grantee is undertaking its activity. C. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the public right-of-way and may from time to time, pursuant to the applicable sections of this Franchise, require the removal, relocation and/or replacement thereof in the public interest and safety in compliance with applicable law. D. Before commencing any work involving excavation within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to identify existing utility infrastructure. E. Tree Trimming. Upon prior written approval of the City and in accordance with City ordinances, Grantee shall have the authority to reasonably trim trees upon and overhanging streets, public rights-of-way, and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Grantee Facilities. Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty- four (24) hours of completion of the trimming, the City may, at its sole discretion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require an additional and separate approval from the City. Section 7. Access, Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, provided that the Grantee shall notify the City telephonically during normal business hours (at 253-931-3010 and during non-business hours at 253-876-1985) as promptly as possible, before such repair or emergency work commences, and in writing as soon thereafter as possible. Such notification shall include the Grantee’s emergency contact phone number for the corresponding response activity. For PH.1 Page 11 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 6 of 15 any emergency or after normal business hour issues involving the Grantee’s facilities which requires the Grantee’s immediate response the City shall contact the Grantee at their network operations center telephonically at 888-662-4662, which is operated 24 hours a day, seven days a week. The City may commence emergency response work, at any time, without prior written notice to the Grantee, but shall notify the Grantee in writing as promptly as possible under the circumstances of the nature of the emergency and the actions taken to address it. Section 8. Damages to City and Third-Party Property Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third- party, Grantee will restore, at its own cost and expense, said property to a safe condition. Such repair work shall be performed and completed pursuant to City Code.. Section 9. Location Preference and Interference A. Any structure, equipment, appurtenance or tangible property of a utility, other than the Grantee’s, which was installed, constructed, completed or in place prior in time to Grantee’s application for a permit to construct or repair Grantee Facilities under this Franchise shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to another utility’s submittal of a permit for new or additional structures, equipment, appurtenances or tangible property, then the Grantee Facilities shall have such priority. These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any City road or right-of-way. A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation. This Section shall not apply to any City facilities or utilities that may in the future require the relocation of Grantee Facilities. Such relocations shall be governed by Section 11. B. Grantee shall maintain a minimum underground horizontal separation of five (5) feet from City water facilities and ten (10) feet from above- ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other utility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations. Section 10. Grantee Information A. Grantee agrees to supply, at no cost to the City, any information reasonably requested by the City to coordinate municipal functions with PH.1 Page 12 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 7 of 15 Grantee’s activities and fulfill any municipal obligations under state law. Said information shall include, at a minimum, as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the Rights-of-Way. Said information may be requested either in hard copy or electronic format, compatible with the City’s data base system, as now or hereinafter existing, including the City’s geographic information Service (GIS) data base. Grantee shall keep the City informed of its long-range plans for coordination with the City’s long-range plans. B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City. Accordingly, the City agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of time to obtain an injunction to prohibit the City’s release of records. C. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attorneys fees) imposed on the City because of non-disclosures requested by Grantee under Washington’s open public records act, provided the City has notified Grantee of the pending request and has given Grantee ten working days to obtain an injunction to prohibit the City’s release of records. Section 11. Relocation of Grantee Facilities A. Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99 in the event the Franchise Area is required for use by the City in performance of its municipal services. In such event, City will give Grantee prior written notice of the need for such relocation of the Franchise Area. Notwithstanding the foregoing however, and pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other similar losses in connection with any such change, relocation, abandonment, or vacation of the right-of-way(s). B. If a readjustment or relocation of the Grantee Facilities is necessitated by a request from a party other than the City, that party shall pay the Grantee the actual costs thereof. Section 12. Abandonment and or Removal of Grantee Facilities A. Within one hundred and eighty days (180) of Grantee’s permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City’s discretion, remove the affected facilities, or, with the City’s PH.1 Page 13 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 8 of 15 written permission, abandon in place such facilities whereupon they will transfer to the City in their AS IS and WHERE IS condition without need of execution of any further documentation formalizing the transfer, and without representation or warranty of any kind or nature provided the Grantee shall provide to the City drawings, maps or other documentation about said facilities to the reasonable satisfaction of the City. Following such transfer, Grantee shall no longer be responsible for any liability, maintenance, repair or removal obligations related to or arising from the transferred facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Section 13. Undergrounding A. The parties agree that this Franchise does not limit the City’s authority under federal law, state law, or local ordinance, to require the undergrounding of utilities that can be installed underground. B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee shall underground those portions of Grantee Facilities that can be installed underground in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99 or other applicable law. Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs borne by all utilities it utilizes, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities. Common costs shall include necessary costs for common trenching and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded and the use thereof by all applicable parties Section 14. Indemnification and Hold Harmless A. The Grantee shall defend, indemnify, and hold the City and its officers, officials, agents, employees, and volunteers harmless from any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature including attorneys’ fees to the extent caused by Grantee’s performance under this Franchise, except to the extent such costs, claims, injuries, damages, losses, suits, or liabilities are caused by the negligence of the City, its agents, contractors, employees or invitees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the PH.1 Page 14 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 9 of 15 City, its officers, officials, employees, and volunteers, the Grantee’s liability hereunder shall be only to the extent of the Grantee's negligence. B. The Grantee shall hold the City harmless from any liability for any damage or loss to the Grantee Facilities caused by maintenance and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence or intentional misconduct of the City, its agents, contractors, employees or invitees performing such work. C. The Grantee acknowledges that neither the City nor any other public agency with responsibility for firefighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue. The Grantee, and its agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such services. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City’s failure or inability to provide such services, and, pursuant to the terms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or inability to provide such services. D. Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section. E. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW , solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement with respect to acts or events occurring prior thereto. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for PH.1 Page 15 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 10 of 15 bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured under the Grantee’s Commercial General Liability insurance policy with respect to the work performed under this Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000 per claim carried by all licensed professionals employed or retained by Grantee to perform services under this Franchise. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Grantee’s insurance coverage shall be primary insurance with respect to claims alleging Grantee’s negligence. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee’s insurance and shall not contribute with it. 2. The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. PH.1 Page 16 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 11 of 15 D. Verification of Coverage. Grantee shall furnish the City with documentation of insurer’s A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above- required insurance. Any such self insurance is subject to approval by the City. F. Grantee’s maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 16. Performance Security The Grantee shall provide the City with a bond, or other financial guarantee in a form and substance reasonably acceptable to the City, in the amount of Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this Franchise. In the event Grantee shall fail to substantially comply with any one or more of the provisions of this agreement within the applicable cure or grace period, then there shall be recovered jointly and severally from the principal and any surety of such financial guarantee any damages suffered by City as a direct result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grantee specifically agrees that its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 17. Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned. B. This Franchise shall not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance. The foregoing PH.1 Page 17 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 12 of 15 notwithstanding, Grantee may assign this Franchise in whole or in part without the need for the City’s consent to any entity that controls, is controlled by, or is under common control with Grantee, or to any entity resulting from any merger or consolidation with Grantee, or to any partner of Grantee or to any partnership in which Grantee is a general partner, or to any person or entity that acquires all of the assets of Tenant as a going concern. C. For any assignment requiring City consent, Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) days after the proposed date of transfer: (a) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer (redacted for any financial terms); (b) All information reasonably required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer. D. Prior to the City’s consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor’s state of compliance and failure of the City to insist on full compliance prior to transfer does not waive any right to insist on full compliance thereafter. E. Upon assignment, Grantee shall be relieved of all liabilities and obligations hereunder accruing thereafter and City shall look solely to the assignee for performance under this agreement and all such obligations accruing thereafter hereunder provided such assignee accepts all such obligations in writing within thirty (30) days of the date of assignment and is of substantially similar financial strength or credit worthiness as Grantee. Section 18. Dispute Resolution A. In the event of a dispute between the City and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this Agreement. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This PH.1 Page 18 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 13 of 15 Franchise shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment. Section 19. Enforcement and Remedies A. If the Grantee shall willfully violate, or fail to comply with any of the provisions of this Franchise through willful or unreasonable negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions of this agreement, the City may, at its discretion, provide Grantee with written notice to cure the breach within thirty (30) days of notification. If the City determines the breach cannot be cured within thirty (30) days, the City may specify a longer cure period, and condition the extension of time on Grantee’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not comply with the specified conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. B. Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Franchise and/or require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Grantee’s actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20. Compliance with Laws and Regulations A. This Franchise is subject to, and the Grantee shall comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Grantee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. PH.1 Page 19 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 14 of 15 B. The City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, if required by such statute or regulation, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation upon providing Grantee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, the Grantee makes a written call for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enact the proposed amendment, by incorporating the Grantee’s concerns to the maximum extent the City deems possible, or Grantee may terminate this agreement without further liability or penalty subject to its prompt removal of the Grantee Facilities in compliance with applicable terms herein. C. The City may terminate this Franchise upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or modification within such thirty (30) day period. Section 21. License, Tax and Other Charges This Franchise shall not exempt the Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this agreement, in no event shall either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder portions shall remain in effect provided the provision deemed invalid is not a material term to this agreement. Section 24. Titles PH.1 Page 20 of 215 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 15 of 15 The section titles used herein are for reference only and should not be used for the purpose of interpreting this Franchise. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 26. Termination. Grantee shall have the right to terminate this agreement with respect to an individual Franchise Area authorized hereunder, without penalty, upon one hundred twenty (120) days prior written notice. In such event, all applicable fees and/or costs set forth herein shall be equitably adjusted as of the effective date of termination Section 27. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ PH.1 Page 21 of 215 L A K ELAKETAPPSTAPPS S 277TH ST J O V I T A BLVD E PACIFIC AVE S M I L I T A R Y R D S ELLINGSON RD SW 8TH ST E WEST VALLEY HWY S 124TH AVE SE 132ND AVE SE 38TH AVE S STEWART RD SW A ST SE WEST VAL LEY H WY S 12TH ST E 182ND AVE E A U B U R N-BLACK DIAMOND RD SE S 288TH ST 9TH ST E 16 TH S T E A U B U R N-E N U M C LA W RD S M I L I T A R Y R D S 2 1 0 T H A V E E M I L I T A R Y R D S MILITARY RD S 18 18 164 167 A ST SE B ST NW AUBURN WAY S C ST SW I ST NE M ST SE AUBURN WAY N R ST SE 124TH AVE SE WEST VALLEY HWY N 132ND AVE SE S 277TH ST C ST NW 15TH ST SW W MAIN ST 15TH ST NW SE 304TH ST E MAIN ST LA KE TA P PS PK W Y S E 41ST ST SE 29TH ST SE SE 312TH ST 51ST AVE S K E R S EY WAY SE 8TH ST NE 37TH ST NW L A K E L A N D H I L L S W A Y S E ORAVETZ RD SE M ST NE D ST NW A ST NE 4TH ST SE 104TH AVE SE A ST NW SE 320TH ST WEST VALLEY HWY S LEA HILL RD SE EMERALD DOWNS DR NW 37TH ST NE S 316TH ST 321ST ST S AUBURN-BLACK DIAMOND RD SE D ST NE 112TH AVE SE RIVERWA L K D R SE P E A S L E Y C A N Y O N R D S EAST VALLEY HWY E HAR VEY R D NE SE 304TH WAY TERRACE DR N W SE 281ST ST SUMNER-TAPPS HW Y E 17TH ST SE 3RD ST SW 132 N D W AY SE16TH ST NW INDUSTRY DR SW 124TH AVE SE 112TH AVE SE 112TH AVE SE R ST SE A ST SE S E 3 0 4 T H S T SE 320TH ST M U C K L E S H O O TMUCKLESHOOTCASINOCASINO T H E T H E O U T L E T O U T L E T C O L L E C T I O N C O L L E C T I O N K I N GKINGCOUN T YCOUNTY K E N TKENT P A C I F I CPACIFIC P I E R C EPIERCECOUNTYCOUNTY A L G O N AALGONA S U M N E RSUMNER E D G E W O O DEDGEWOOD Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Exhibit "A" - T-Mobile Franchise Area T Mobile Facilities SE4042A SE04028B Hydrology Streams Lakes and Rivers Political Boundaries City of Auburn Surrounding Cities King and Pierce Counties Transportation Arterials Highways Locals Printed On: 11/7/2013 Map ID: 4317 SE4042A SE04028B PH.1 Page 22 of 215 Ordinance No. 6491 Exhibit B February 24, 2013 Page 1 of 1 EXHIBIT “B” GRANTEE FACILITIES EXISTING T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE4042A, “Peasley Canyon” Location: 33043 46th Place South Auburn, WA 98001 Description: Telecommunications Facility consisting of above ground radio equipment cabinets located in a 12’x17’ cedar wood fence enclosure in the Right-of- Way (ROW), with antennas collocated on an existing 88’ above-ground wooden utility pole in the ROW with connecting underground conduit. Site ID: SE04028B, Mountain View Cemetery/PR Location: 5605 S 324th Place Auburn WA 98001 Description: Telecommunication Facility consisting of antennas located on an existing 75’ above-groundround wood utility pole in the Right of Way with connecting underground conduit to the radio equipment cabinets located on adjacent private property. PH.1 Page 23 of 215 Ordinance No. 6491 Exhibit C February 24, 2013 Page 1 of 1 EXHIBIT “C” GRANTEE SERVICES SERVICES PROVIDED BY T-MOBILE WITHIN THE CITY OF AUBURN: Telecommunications Services authorized by the Federal Communications Commission; including but not limited to the following: THE TRANSMISSION, AMPLIFICATION AND RECEPTION OF RADIO COMMUNICATION SIGNALS, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO: · VOICE, · DATA, · IMAGES AND VIDEO · E-911/EMERGENCY ACCESS · 3-G AND 4-G PH.1 Page 24 of 215 Ordinance No. 6491 Exhibit D February 24, 2013 Page 1 of 1 EXHIBIT “D” STATEMENT OF ACCEPTANCE T-Mobile West LLC, A Delaware limited liability company, , for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. T-Mobile West LLC By: Date: Name: Title: Acting Regional Director, Engineering & Operations STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 2014, before me the undersigned, a Notary Public in and for the State of __________, duly commissioned and sworn, personally appeared, __________________ of _________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: PH.1 Page 25 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: January 27, 2014 Minutes Date: January 28, 2014 Department: Police Attachments: January 27, 2014 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:February 3, 2014 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 26 of 215 Municipal Services Committee January 27, 2014 - 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 Claude DaCorsi. Staff present: Mayor Nancy Backus, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Community Development/Public Works Director Kevin Snyder, City Attorney Dan Heid, Parks, Arts/Recreation Director Daryl Faber, Finance Director Shelley Coleman, Solid Waste and Recycling Supervisor Joan Nelson and Police Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. January 13, 2014 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Ordinance No. 6483 (Coleman) Finance Director Shelley Coleman presented Ordinance No. 6483 relating to Animal Control Licensing to the Committee. At the Committee's request an amendment was made to Section 1, subsection 6.04.010 repealing the requirement for proof of rabies vaccination as a condition to obtaining a license. Chair Peloza commented that he spoke with an Auburn veterinarian regarding the code change and it was very well received. Additionally, Councilmember DaCorsi stated that since this amendment is low risk for the City it really is the right thing to do. Committee discussion followed. Page 1 of 5 MS.1 Page 27 of 215 Councilmember DaCorsi moved to forward Ordinance No. 6483 to full Council for consideration. Vice Chair Osborne seconded. Chair Peloza concurred. MOTION PASSED: 3-0 *Note: The correct Ordinance Number is 6483. Due to a scrivener's error it appeared incorrectly on the original meeting agenda. B. Resolution No. 5025 Resolution No. 5025 authorizes the acceptance and appropriation of grant funds and allows for the execution of an Interlocal Agreement between King County and the City of Auburn for implementation of the 2014 Waste Reduction and Recycling grant program. Member DaCorsi requested additional clarification on a few items. Regarding the environmental movie night, where is this held and has it been done before? Joan Nelson, Solid Waste and Recycling Supervisor, stated that the City's first Sustainable Movie Night was held in January 2013 at the Auburn Avenue Theater and it was very well attended and received. Regarding outreach via the media, displays and promotional items, is there anything else that will be looked at to specifically address residents of the mobile home parks in the community especially the seniors? Supervisor Nelson advised that this year the program is targeting the non-senior parks in particular. Staff had conducted some recycling cart checks at some of these other parks and found that the recycling was very contaminated. As such, the focus will be on more one-on-one assistance to residents with specific items being tagged in order to educate. Member DaCorsi recommended staff attend meetings of the various homeowner associations. Committee discussion followed. Vice Chair Osborne moved to forward Resolution No. 5025 to full Council for consideration. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 C. Resolution No. 5026 (Coleman) Resolution No. 5026 authorizes the Mayor to execute a Services Contract with the Seattle-King County Department of Public Health for reimbursement of funds related to 2014 local Hazardous Waste Management program activities. Member DaCorsi requested clarification on one item. Regarding the choice of one Auburn neighborhood, how is the neighborhood selected. Solid Waste and Recycling Supervisor, Joan Nelson, stated that a different neighborhood is targeted each year. This year the South Central neighborhood, from about Highway 18 until the area at the bottom of Lakeland Hills, will be the focus. Committee discussion followed. Vice Chair Osborne moved to forward to full Council for consideration. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 Page 2 of 5 MS.1 Page 28 of 215 IV. DISCUSSION ITEMS A. Red Light Photo Enforcement (Lee) Bill Pierson, Assistant Chief of Police, reported on Red Light Photo Enforcement for the fourth quarter of 2013. Compared to the 4th quarter of 2012 figures show a slight increase in the total number of red light violations. School zone violations indicate that Lea Hill, Mt. Baker and Dick Scobee experienced an increase over the same period last year while Chinook and Arthur Jacobsen decreased. Chair Peloza commented that a lot of parents are getting ticketed and inquired if it would be beneficial, from a public relations standpoint, to conduct a survey of some type with the parents? Or possibly the distribution of an informational flyer. The intent is to communicate with the citizens about the importance of public safety specifically in the school zone areas. Chair Peloza requested that the Police Department make contact with the School District to discuss if communication would be beneficial, and if yes, what type of communication. Additionally, Finance Director Shelley Coleman provided the financial performance on Redflex for 2013. Committee discussion followed. B. Ordinance No. 6398 - Pull Tabs (Heid) City Attorney Dan Heid requested additional time for this agenda item. Chair Peloza moved the item forward to the next regular meeting of the Municipal Services Committee scheduled for Monday, February 10, 2014. C. AVHS Board Review / Animal Control Licensing Program (Coleman) Finance Director Shelley Coleman briefed the Committee on the City's Animal Control Licensing Program and the Auburn Valley Humane Society's (AVHS) January Board meeting. For 2013 the total number of licenses sold was 5,093. It is anticipated that this number will increase with the code change relating to documentation of a rabies vaccination. Vice Chair Osborne requested a report on the 'total costs for Animal Control' operations to the City to include an estimate of staff's time (which is not billed). The AVHS 'Best in Show' event has been relocated from the Auburn Golf Course to the Spunky Monkey due to food costs. It is unfortunate that our venue could not be utilized but they were unable to meet on a price point for the meals. The shelter revenue, both operations and fund raising, totaled $538,394.00 for the year which represents 92% of the combined annual revenue budget of $585,445.00. Fund raising expenses closed the year at $101,920.00, which is 71% of the $143,033.00 budget. Committee discussion followed. D. SCORE Jail Stats (Coleman) Shelley Coleman, Finance Director, provided an update on the SCORE jail statistics through December of 2013. The Committee reviewed the various charts and financial information included in the agenda packet. One of the reports provides a running total of the City's Average Daily Population (ADP) per month. For the months of April 2013 through December 2013 our average totals 69.00 Page 3 of 5 MS.1 Page 29 of 215 ADP compared to our current billable ADP for 2014 of 84.00. SCORE is almost at full capacity in January and much of this is attributed to inmate housing issues in Snohomish County and a reduction in available beds in Pierce County. The SCORE Finance Board, which is comprised of the Finance Directors from each member City, previously figured that SCORE would be at full capacity in the year 2020. However, with the increase in contract cities it is anticipated that this will change to the year 2016. SCORE is requesting additional staff to accommodate the rise in the inmate population. Director Coleman stated in her memo to Mayor Backus and Councilmember John Holman, representatives to SCORE from the City, that the staff to inmate ratio is high and needs to be addressed to ensure the safety of inmates and staff. Committee discussion followed. E. Auburn Golf Course Financial Review (Coleman) Finance Director Shelley Coleman presented the Committee with the Golf Course (GC) Financial report through 2013. This is the final GC report as it will be rolled over into the general fund beginning in 2014. The figures for operating loss includes depreciation costs which drive the $317,352.00 total. If it is looked at from a working capital standpoint the GC experienced an increase of approximately $66,000.00 for the year. This also indicates an improvement in the year-to-date rounds played for the same period last year. Daryl Faber, Parks, Arts and Recreation Director, commented that the GC experienced a 4.0% up tick in golf play compared with the State at 2.0% which means the City captured a fair share of the market. Additionally, the Men's Club Membership grew by 70 members which is a combined result of marketing efforts and a percentage from the closing of Sumner Meadows. Director Coleman advised that the restaurant's contract is set to expire on 12/31/14. Staff are currently working on a draft Request for Proposal (RFP) and it should be included in the next month. The RFP process should start in the Spring and conclude by the end of Summer. Committee discussion followed. F. Cemetery Update (Faber) Parks, Arts and Recreation Director, Daryl Faber, provided the Committee with a marketing update. The Committee received an online tour of the Cemetery's updated website which includes newer photos, easier navigation and an overall friendlier format. New signage has been created and placed around the City making it easier for citizens to locate the Cemetery. Additionally, marketing efforts include placing new ads in senior magazines and staff attending benefit-type fairs focused on seniors. Finance Director Shelley Coleman reported that the City did a few things in 2013 for revenue such as raising some rates. The City also changed the allocation to the Cemetery Endowed Care Fund which was reduced from 15.0% to 10.0%. On the expenditure side there was a staff reduction at the Cemetery resulting in savings to the budget. G. Project Matrix The following changes were identified for the Project Matrix: Page 4 of 5 MS.1 Page 30 of 215 Item 10P: Review date changed to 7/28/14. Item 21P: Review date changed to 2/24/14. Item 29P: Description updated. Staff 'Lead' changed. Review date changed to 7/28/14. Item 4I: Review date updated to 2/10/14. Item 6I: Review date updated to 7/28/14. V. ADJOURNMENT The meeting was adjourned at 4:38 p.m. The next regular meeting of the Municipal Services Committee is scheduled for Monday, February 10, 2014 in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this ______ day of February, 2014. __________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 5 of 5 MS.1 Page 31 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: January 27, 2014 Minutes Date: January 28, 2014 Department: Planning and Development Attachments: January 27, 2014 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Holman Staff: Meeting Date:February 3, 2014 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 32 of 215 Planning and Community Development January 27, 2014 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair John Holman called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair John Holman, Vice-Chair Largo Wales, and Member Yolanda Trout were present. Also present were Mayor Nancy Backus; Director of Community Development and Public Works Kevin Snyder; Parks, Arts and Recreation Director Daryl Faber; Assistant Director of Community Development Services Jeff Tate; Director of Administration Michael Hursh; Planning Services Manager Elizabeth Chamberlain; Economic Development Manager Doug Lein; Planner Gary Yao; and Planning Secretary Tina Kriss. Members of the public present were: Councilmember DaCosi, Robert Whale of the Auburn Reporter, Matthew Ells, Derek Faber, Jean Lix, Russ Campbell, Human Services Committee Members Lela Brugger, Barbara Derda, JoAnne Walters and Chair Jason Berry. B. Announcements 1. Presentation (Hursh) a. Human Services Committee (Hursh) Director of Administration Michael Hursh introduced Members of the Human Services Committee Lela Brugger, Barbara Derda, JoAnne Walters and Committee Chair Jason Berry. Chair Jason Berry expressed his gratitude in working with the Human Services Committee and the opportunity the Committee has in working with a broad number of agencies. The agencies and services funded are very diverse. Mr. Berry emphasized that it is amazing to see the scope of services the City provides support for. Chair Berry stated the Human Services Committee continues agency visits which allows the Committee to see the hands-on work of the agencies, the needs of the community, who is served, and how well the organization is running. The Human Services Committee is very appreciative of the support of Director Page 1 of 4 PCD.1 Page 33 of 215 Hursh, Emily Pearson, and former employee Kirsten Reynolds. It is also very encouraging to see other City staff members engaging to learn and understand the work of the Human Services Committee. As the Committee continues providing recommendations for funding, the Committee will be looking at how the needs overlap and how to better plan for funding in a way that supports a comprehensive approach for the community. Director Hursh explained the Committee has been reviewing the homeless issue over the last six months and will continue to meet with representatives serving the homeless population to understand how best to solidify policy. The Committee will begin planning for the 2015-2016 bi-annual funding cycle in spring. Director Hursh expressed his appreciation for the faithful support of the members Human Services Committee. The Planning and Community Development Committee agreed that that they would like to meet for a joint session to continue to review the goals and work of the Human Services Committee. The Committee thanked the Human Services Committee for their continued work and the many accomplishments. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - January 13, 2014 (Tate) Member Trout requested that two scrivener’s errors be corrected. On page 2 of 5, paragraph 2 of III.A., remove the duplicate word “the”. On page 3 of 5, III.B., remove the duplicate word “would”. It was moved by Member Trout, seconded by Vice-Chair Wales, that the Committee approve the Planning and Community Development Committee Meeting minutes for January 13, 2014, as amended. Motion carried unanimously. 3-0 III. DISCUSSION ITEMS A. Temporary Sign Provisions ACC 18.56 - Signs (Yao) Planner Gary Yao provided background information on the Temporary Sign Provisions in place. Ordinance No. 6403, approved by Council on February 21, 2012, extended the use of portable and temporary Page 2 of 4 PCD.1 Page 34 of 215 signs through March 15, 2014. Staff stated that there have been no major problem or issues in the extended administration of this temporary program. The Committee and staff discussed extending the program. After discussion, the Committee determined they would be supportive of extending the ordinance related to temporary signs for a period of two years (2), exclude any language regarding economic conditions; and require all portable, temporary signs to be taken in at night. The Committee recommended reviewing the extension prior to the new expiration date to determine if the ordinance will be extended or if any problems or issues have been noted by staff. Staff will be taking the temporary sign provisions' extension before the Public Works Committee for review at their next meeting. B. Department Operations Briefings (Tate) Assistant Director of Community Development Services Jeff Tate reviewed a schedule of upcoming briefings on department operations with the Committee. The Committee was supportive of the schedule and had no items to add. C. Rental House Briefings (Chamberlain) Planning Services Manager Elizabeth Chamberlain updated the Committee on the tasks implemented following the adoption of Ordinance No. 6477, regulating rental housing. Assistant Director of Community Services Development Jeff Tate explained that Green River Community College is working with the City on a quarterly basis to provide a list of addresses to help the City identify properties where there are potentially multiple students needing proactive outreach. The Committee and staff discussed the City's approach for continued outreach with rentals that are not compliant through the 1st quarter of 2014 and then moving them over into code enforcement thereafter. The Committee concurred with this approach. Chair Holman invited members of the public forward for public comment on the status of rental housing. Russ Campbell, 31606 126th Ave. SE, Auburn Mr. Campbell stated it has been about a year since he discussed the rental housing issue with the City. He understands “nothing happens overnight” yet stated he is encouraged that progress is moving right along. Mr. Cambell and staff discussed the three rentals within his neighborhood and Mr. Campbell noted that the process will take time. D. Overview of Permits and Fees (Tate) Jeff Tate, Assistant Director of Community Development Services provided an overview of permits and fees. A review of the TrakiT Page 3 of 4 PCD.1 Page 35 of 215 program was provided to the Committee to showcase how staff processes permit and assesses fees for development. The Committee was appreciative of the overview and encouraged by the process. The Committee emphasized their appreciation for the philosophy of Auburn, being customer centric and customer oriented. E. Director's Report (Tate) Assistant Director of Community Development Services Jeff Tate updated the Committee on the following items: The pile driving construction of the Trek building is ahead of schedule by two weeks since the piling does not need to be installed to the depth originally planned. In early December, approximately 4,000 2014 business license renewals were sent out by the City. Staff has processed about two- thirds of the renewals. Next week follow-up renewal notices will be sent to the remaining one-third of the businesses. In mid March a list of businesses will be developed who have not renewed and code enforcement outreach will begin. F. PCDC Status Matrix (Tate) The Committee had no additions or changes for the PCDC Matrix but did express that they would like to discuss the additional Pedestrian Kiosk construction. The Downtown Parking Management Plan, Resolution No. 5031 will be going forward to full Council on February 3, 2014. The date will be changed on Rental Housing to reflect a review in April. IV. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:34 p.m. DATED THIS ____________DAY OF _________________, 2014. _________________________________________ John Holman - Chair _________________________________________ Tina Kriss - Planning Secretary Page 4 of 4 PCD.1 Page 36 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: January 21, 2014 Minutes Date: January 29, 2014 Department: Public Works Attachments: Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Osborne Staff: Meeting Date:February 3, 2014 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 37 of 215 Public Works Committee January 21, 2014 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Wayne Osborne 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 Wayne Osborne, Vice-Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Mayor Nancy Backus, Assistant Director of Engineering Services/City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Community Development & Public Works Director Kevin Snyder, Engineering Aide Amber Mund, Project Engineer Matt Larson, Project Engineer Kim Truong, Sanitary Sewer Engineer Robert Elwell, Finance Director Shelley Coleman, Environmental Services Manager Chris Andersen, Planning Services Manager Elizabeth Chamberlain, Assistant City Attorney Steve Gross, Director of Administrative Services Michael Hursh, Senior Project Engineer Ryan Vondrak, Senior Project Engineer Jacob Sweeting, Financial Planning Manager Martin Chaw, Assistant Planning Director Jeff Tate, and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: John McGhee, Auburn Adventist Academy. B. Announcements There were no announcements. C. Agenda Modifications There were two modifications to the agenda adding Discussion Item L., Resolution No. 5039 and Discussion Item M., Resolution No. 5040. II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, January 6, 2014. Page 1 of 12 PW.1 Page 38 of 215 Motion carried 3-0. B. Right-of-Way Use Permit No. 13-39 (Mund) The Auburn Downtown Association Wellness Fair Engineering Aide Mund explained that Right-of-Way Use Permit is for the Auburn Downtown Association to hold a Wellness Fair. The applicant is requesting to use B Street NE between Main Street and 1st Street NE and the adjacent parking lots. This will be a one-day event and this is the first time that an application has been submitted for this event. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve Right-of-Way Use Permit No. 13-39 for the Auburn Downtown Association Wellness Fair. Motion carried 3-0. C. Right-of-Way Use Permit No. 13-41 (Mund) Auburn Adventist Academy Engineering Aide Mund stated that this is the third year Auburn Adventist Academy has applied for a Right-of-Way Use Permit for their half-marathon. There are a few changes to the conditions of the permit, but the route has remained the same. Member DaCorsi asked about the condition that states the applicant must provide notification to residents. Engineering Aide Mund said that the applicant is required to distribute a mailer to all the residents in the area 30 days prior to the event. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve Right-of-Way Use Permit No. 13-41 for the Auburn Adventist Academy Half-Marathon. Motion carried 3-0. D. Public Works Project No. CP1322 (Larson) Annual Traffic Signal Improvements Project Engineer Larson reviewed the scope of the project with the Committee, which includes various traffic signal system improvements throughout the City. Chairman Osborne asked if the detection system at the 15th Street NE/Auburn Way signal will be repaired as part of the project’s scope. Transportation Manager Para answered that repairs to the Page 2 of 12 PW.1 Page 39 of 215 15th Street NE/Auburn Way intersection are included in the scope of work. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee grant permission to initiate Project No. CP1322, Annual Traffic Signal Improvements. Motion carried 3-0. E. Public Works Project No. CP1120 (Truong) Lea Hill Safe Routes to School Project Engineer Truong reported that Change Order No. 2 covers the cost to replace the existing traffic loops that were unavoidably damaged during project construction and also to install asphalt concrete along SE 320th Street. Assistant Director of Engineering Services/City Engineer Gaub explained that the traffic loop was not identified as being a requirement and was damaged during construction and could not have been avoided and was not at the contractor’s fault. Assistant Director of Engineering Services/City Engineer Gaub answered questions regarding the change order process asked by Member DaCorsi. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve Change Order No. 2 to Contract No. 13- 07 in the amount of $35,769.77 for work on Project No. CP1120, Lea Hill Safe Routes to School. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 5013 (Mund) A Resolution of the City Council of the City of Auburn, Washington, Setting a Public Hearing to Consider a Franchise Agreement with T- Mobile West LLC Engineering Aide Mund stated that adoption of Resolution No. 5013 will set the date for the public hearing for T-Mobile to have a franchise agreement for facilities that are currently existing and installed under an agreement with King County. The King County agreement has currently expired. A franchise agreement with the City of Auburn will bring the facilities into compliance with City Code. Engineering Aide Mund answered questions asked by Vice-Chair Peloza regarding Right-of-Way usage fees, which are not Page 3 of 12 PW.1 Page 40 of 215 applicable. Engineering Aide Mund confirmed that there was an application fee paid, answering a question asked by Chairman Osborne. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council adopt Resolution No. 5013. Motion carried 3-0. B. Resolution No. 5018 (Mund) A Resolution of the City Council of the Auburn, Washington, Authorizing the Renewal of Public Way Agreement 08-03 and Amending the Terms to the Agreement with MCI Communications Engineering Aide Mund stated that Resolution No. 5018 is for a renewal of a MCI agreement for facilities that are in the Right-of-Way, but do not currently serve any citizens in the City. Engineering Aide Mund answered questions asked by Chairman Osborne regarding the two agreements with MCI, which were previously combined. Assistant Director of Engineering Services/City Engineer Gaub answered questions asked by Chairman Osborne regarding the MCI loop on Main Street, explaining that the loop is used to reach the CenturyLink building located between 3rd and 2nd Streets. Following a question asked by Vice-Chair Peloza, Engineering Aide Mund verified that the agreement was reviewed by the City’s Legal Department. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council adopt Resolution No. 5018. Motion carried 3-0. C. Resolution No. 5027 (Elwell) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute an Amendment to the Sewer Franchise Agreement Between the City of Auburn and King County to Operate, Maintain and Construct Sewer Mains, Service Lines and Appurtenances In, Over, Along, and Under County Roads Sanitary Sewer Engineer Elwell explained that Resolution No. 5027 amends the existing franchise agreement with King County to include the City’s sewer service area which lies in unincorporated King County Page 4 of 12 PW.1 Page 41 of 215 and update the legal description of the remaining unincorporated areas to reflect annexations that have occurred since the previous agreement. The amendment only updates the boundaries in the agreement and does not change the terms of the agreement. Larger maps of the areas were provided to the Committee for review. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council adopt Resolution No. 5027. Motion carried 3-0. D. Resolution No. 5038 (Para) A Resolution of the City Council of the City of Auburn, Washington, Repealing Resolution No. 4826 Regarding Reduction of Speeds on Arterial Street Routes in the City Transportation Manager Para said that Resolution No. 5038 will repeal Resolution No. 4826, which reduced speed limits on certain arterial routes within the City in an effort to preserve City streets and provide for traffic safety. The resolution also authorizes staff to return the speed limits to what they were prior to the passage of Resolution No. 4826, according to the City’s engineering standards. Chairman Osborne stated that he supports adoption of Resolution No. 5038. Vice-Chair Peloza stated that he also supports adoption of Resolution No. 5038, based on the recommendation of engineering staff. Member DaCorsi asked which arterial routes would be affected. Transportation Manager Para answered the streets include West Valley Highway, East Valley Highway, W Main Street and 37th Street. Transportation Manager Para stated that staff, as with the other streets, will follow through with the engineering analysis and posting the appropriate speed limits on A Street SE, through the corridor, following questions asked by Chairman Osborne and Member DaCorsi. Transportation Manager Para answered questions asked by Chairman Osborne regarding the speed limit on East Valley Highway, leading into the City of Sumner. Transportation Manager Para responded to questions asked by Member DaCorsi, regarding the considerations taken by staff when Page 5 of 12 PW.1 Page 42 of 215 determining the speed limits on arterial streets. Vice-Chair Peloza requested a map of the locations where the speed limits have changed following completion of the changes. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council adopt Resolution No. 5038. Motion carried 3-0. IV. DISCUSSION ITEMS A. Resolution No. 5032 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the City of Auburn to Impose a Sales and Use Tax as Authorized by RCW 82.14.415 as a Credit Against State Sales and Use Tax Relating to Annexations Finance Director Coleman explained that Resolution No. 5032 levies the 0.1% sales tax credit against the state sales tax for annexation of the Lea Hill Area. The West Hill Area did not qualify because the area’s population was not large enough. Coleman stated that the tax credit is intended to help with the cost of the annexation. Every year, the City must show the state how the money is utilized. The City must show the revenues received from the area as well as the anticipated expenses. The Committee supported adoption of Resolution No. 5032. B. Ordinance No. 6494 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, Establishing the Local Sales and Use Tax Rate for Local Revitalization Financing for 2014 Finance Director Coleman spoke about Ordinance No. 6494, which levies the 0.022% sales tax credit against the state sales tax for local revitalization financing. The intent of the credit is to provide financial assistance to cities to assist with financing public improvements in an identified revitalization. Finance Director Coleman and Assistant Director of Engineering Services/City Engineer Gaub addressed questions asked by Vice- Chair Peloza regarding the funding of the Promenade Project. C. Planning Project No. CP0746 (Andersen) Mill Creek Wetland 5K Restoration Environmental Planning Manager Andersen distributed copies of an Page 6 of 12 PW.1 Page 43 of 215 aerial map of the recommended restoration improvement segments of the Mill Creek Wetland 5K Reach Ecosystem Restoration Project (ERP). Environmental Planning Manager Andersen provided background information on the restoration project to the Committee. Using the aerial map, Andersen identified the segments of Mill Creek that are included in the project. Andersen reviewed the scope of work for the restoration project with the Committee. The Committee and staff discussed significant impacts of a potential closure of 15th Street NW during the construction phase of the project and that it is not the preferred option from staff. Environmental Planning Manager Andersen spoke about the scope of work for the consultant, Maul Foster & Alongi, Inc. The Committee and staff discussed the cost of the services provided by the consultant. Environmental Planning Manager Andersen and Vice-Chair Peloza discussed the possibility of obtaining WIRA9 funding for the project. Vice-Chair Peloza invited Andersen to attend the WIRA9 management meeting, scheduled for January 22, 2014. The Committee requested that staff renegotiate the consultant’s mileage fee so that it matches the IRS mileage reimbursement amount. D. Resolution No. 5029 (Chamberlain) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute a Purchase and Sale Agreement Between the City of Auburn and John Rice Planning Services Manager Chamberlain presented the staff report on Resolution No. 5029. Resolution No. 5029 would authorize the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn and John Rice for vacant property to be used for the Fenster Nature Park located on 2nd Street SE east of V Street SE. The purchase price of the acquisition would be $45,000.00, which has been accepted by the seller, John Rice. The purchase is being funded though the Parks and Planning Department budgets. Chamberlain stated that the funds were allocated through Budget Amendment No. 6, which was already approved by the City Council. E. Resolution No. 5030 (Chamberlain) Page 7 of 12 PW.1 Page 44 of 215 A Resolution of the City Council of the City of Auburn, Washington, Approving and Authorizing Execution of an Interlocal Agreement with Pierce County, Thereby Amending the Pierce County Countywide Planning Policies for Centers of Local Importance Planning Services Manager Chamberlain provided the Committee with a background summary. Planning Services Manager Chamberlain reviewed Resolution No. 5030, the Pierce County Countywide Planning Policies (CPPs) with the Committee and discussed the process by which CPPs were developed and how they are now amended. Chamberlain stated that the Planning and Community Development Committee reviewed Resolution No. 5030 at their January 13, 2013 meeting and moved the item to action and recommended adoption by the City Council. The Committee supported adoption of Resolution No. 5030. F. Resolution No. 5031 (Chamberlain/Yao) A Resolution of the City Council of the City of Auburn, Washington, Adoption the Comprehensive Downtown Parking Management Plan (CDPMP) for Parking Policy Development and Implementation Planning Services Manager Chamberlain presented the staff report on Resolution No. 5031, and provided background information on the Downtown Parking Management Plan (CDPMP). Planning Services Manager Chamberlain reviewed the recommendations provided to staff by the Planning and Community Development Committee. Chamberlain stated that the Planning and Community Development Committee reviewed Resolution No. 5031 at their January 13, 2013 meeting and moved the item to action and recommended adoption by the City Council. Member DaCorsi commented on the thoroughness of the CDPMP. Chairman Osborne spoke about the importance of planning for commuter parking. G. Utility System Development Charges (SDC) Analysis Report (Repp) Utilities Engineer Repp, Financial Planning Manager Chaw and the Committee reviewed the System Development Charge Report completed by the consultant, the FCS Group. Page 8 of 12 PW.1 Page 45 of 215 Based on the report, staff is recommending changing the System Development Charges (SDCs) to provide funding to utility capital improvements and using the Average Integrated Approach because it is widely used and accepted and because it is uncomplicated. The Committee and staff discussed how SDCs are currently calculated by the consultant using the City’s Fulmer Wellfield project as an example. Also discussed, were the differences between upgrade projects and expansion projects. Financial Planning Manager Chaw suggested inviting the consultant to a Committee Meeting to discuss other approaches to SDCs that they have seen. Utilities Engineer Repp spoke about parts of the City’s Capital Plan that are driving an increase in SDCs. Chairman Osborne suggested considering phasing in increases in SDCs as was done for funding the utilities’ depreciation. Vice-Chair Peloza asked for staff to provide specific examples of how SDCs are calculated using different scenarios. The Utility System Development Charges (SDC) discussion will continue at the next Public Works Committee Meeting, February 3, 2014. H. Capital Project Status Report (Sweeting) Member DaCorsi thanked staff for incorporating his prior suggestions into the report. Chairman Osborne and Vice-Chair Peloza both agreed that the report is improved. Item 4 – C410A – S 277th Wetland Mitigation Monitoring: Vice-Chair Peloza noted a scrivener’s error in the Status section. Item 7 – CP0909 – Academy Booster Pump Station: Vice-Chair Peloza noted an error in the Street Utilities column. Item 13 – CP1107 – Fulmer Wellfield Improvements: Following a question asked by Vice-Chair Peloza, Senior Project Engineer Sweeting explained that the % Design Completion was adjusted from 95% to 80% to reflect where design is for the entire project effort, 95% was a reflection of the first phase only. Assistant Director of Engineering Services/City Engineer Gaub also noted that the scope of the project has been reduced since it was originally added to the report. Page 9 of 12 PW.1 Page 46 of 215 Item 19 – CP1024 – AWS and M Street SE Intersection Improvements: Senior Project Engineer Sweeting verified the TIB funding has been secured, in response to a question asked by Chairman Osborne. Assistant Director of Engineering Services/City Engineer Gaub noted that grant funds are not included in the report until they have been received. Chairman Osborne asked about how the arterial projects are included in the report. Assistant Director of Engineering Services/City Engineer Gaub explained that the arterial projects are included in the overall list of projects. When the SOS program began, the Committee requested that the SOS project be listed separate from the other projects. Item 31 – CP1224 – 2013 Local Street Reconstruction: Assistant Director of Engineering Services/City Engineer Gaub stated that the contractor is working on the punchlist and toward the January 2014 completion date, answering a question asked by Member DaCorsi. Other SOS Projects: Vice-Chair Peloza asked about the status of the traffic counts on Green River Road and spoke about the condition of the segment of the road leading to the Golf Course. Vice-Chair Peloza asked if staff is considering including Green River Road in the scope of work for the Local Streets project. Assistant Director of Engineering Services/City Engineer Gaub stated that staff would review the feasibility of including Green River Road, but noted that there are other roads in the City on the list to be included in the 2014 project which have a higher traffic volume. Staff will provide Vice-Chair Peloza with the traffic counts for Green River Road. Vice-Chair Peloza asked that an item regarding Green River Road be included on the Action Tracking Matrix. I. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Item 1 Green River Community College: Staff will investigate the status of the crosswalk flashers and review the report for an accident that occurred at the crosswalk. Vice-Chair Peloza asked that staff include the investigation on the Action Tracking Matrix. J. Action Tracking Matrix (Gaub) Item D – LED Lighting Standards: Assistant Director of Engineering Services/City Engineer Gaub provided the Committee with a background summary regarding the item. Gaub stated that all of the LED lighting that has been installed meets current standards and technical specifications and there may be no quantitative way to make changes to the standards. Chairman Osborne suggested that the item be removed from the Page 10 of 12 PW.1 Page 47 of 215 Matrix and Vice-Chair Peloza agreed. Transportation Manager Para responded to questions asked by Member DaCorsi regarding the performance of the LED lighting. Item H – Riverwalk Sidewalk Project: Assistant Director of Engineering Services/City Engineer Gaub stated that the Riverwalk Sidewalk Project will be included in both the Comprehensive Transportation Plan update and the Transportation Improvement Program (TIP). Chairman Osborne suggested that the item be removed from the Matrix because the status of the item can be tracked during review of the TIP. The Committee agreed. Item F – Green River Watershed/Levee Presentation: Assistant Director of Engineering Services/City Engineer Gaub suggested that this presentation may need to be made by County staff and asked for Committee direction. Vice-Chair Peloza recommended the item be removed from the Matrix and instead schedule a County presentation on the levee system for a Committee of the Whole meeting. Chairman Osborne agreed. Item J – Regulatory Sign Visibility: Assistant Director of Engineering Services/City Engineer Gaub explained that the LED lighting on traffic signals meets the standards for brightness and if drivers are having difficulty seeing the signs next to the lights it is more likely that the sign needs to be replaced. Maintenance and Operations has a program in place for 2014 to examine and replace the signs as needed. Vice-Chair Peloza asked that “Green River Road Traffic Count Comparison to Others Selected Streets” be included on the matrix. Vice-Chair Peloza asked that a staff follow up on the night vision at the crosswalk on 320th Street be added to the matrix. Item A – Track Completed Projects: Assistant Director of Engineering Services/City Engineer Gaub noted that the maps in the meeting room and Council Conference Room have been updated to show the 2013 Completed Project and 2014 Active Projects. Utilities Engineer Repp stated that the SDC discussion will continue at the next Committee Meeting, in response to a question asked by Chairman Osborne. K. Resolution No. 5039* (Hursh) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Contract with Washinton2 Advocates, LLC, for Consulting Services Page 11 of 12 PW.1 Page 48 of 215 Director of Administrative Services Hursh and the Committee discussed both Resolution No. 5039 and Resolution No. 5040 concurrently. Director of Administrative Services Hursh distributed the 2013 Activities and 2014 Outlook reports provided by the consultants, Washinton2 Advocates, LLC and Thompson Consulting Group. Hursh noted that a correction has been made to the contract with Washinton2 Advocates, LLC. The amount of the contract is reduced to $7,500.00. Director of Administrative Services Hursh presented background information regarding the contract with both consultants. The Committee, Mayor Backus, and Director of Administrative Services Hursh reviewed the 2013 Activities and 2014 reports. Chairman Osborne spoke about his work as part the National League of Cities Transportation and Infrastructure and Services Committee. The Committee supported adoption of Resolution No. 5039. L. Resolution No. 5040* (Hursh) (Coleman) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute a Contract with Thompson Consulting Group for Consulting Services Resolution No, 5040 was discussed concurrently with Resolution No. 5039. The Committee supported adoption of Resolution No. 5040. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:45 p.m. Approved this 3rd day of February, 2014. Page 12 of 12 PW.1 Page 49 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: January 21, 2014 Minutes Date: January 27, 2014 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wales Staff: Meeting Date:February 3, 2014 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 50 of 215 Finance Committee January 21, 2014 - 5:00 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair Largo Wales called the meeting to order at 5:01 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street. A. Roll Call Chair Wales, Vice Chair John Holman, and Member Yolanda Trout were present. Officials and staff members in attendance during the meeting included: Mayor Nancy Backus, Director of Administration Michael Hursh, Finance Director Shelley Coleman, Assistant City Attorney Steve Gross, Director of Community Development and Public Works Kevin Snyder, Assistant Director of Engineering Services/City Engineer Ingrid Gaub, Transportation Manager Pablo Para, Sewer Utility Engineer Robert Elwell, Solid Waste and Recycling Supervisor Joan Nelson, and City Clerk Danielle Daskam. B. Announcements There was no announcement. C. Agenda Modifications Resolution Nos. 5039 and 5040 were added to the agenda for Committee action. II. CONSENT AGENDA A. Minutes of the January 6, 2014 regular meeting Vice Chair Holman moved and Member Trout seconded to approve the minutes as distributed. MOTION CARRIED UNANIMOUSLY. 3-0 B. 2013 Claims Vouchers (Coleman) Claims voucher numbers 426877 through 427021 in the amount of $2,520,180.46 and dated January 21, 2014. Committee members reviewed the 2013 and 2014 claims vouchers Page 1 of 6 FN.1 Page 51 of 215 and the payroll vouchers. Member Trout moved and Vice Chair Holman seconded to approve and forward the 2013 and 2014 claims vouchers and payroll vouchers to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 C. 2014 Claims Vouchers Claims voucher numbers 426871 through 426873 and voucher numbers 427022 through 427120 in the amount of $2,768,339.58 and one wire transfer in the amount of $792.00 and dated January 21, 2014. See 2013 claims vouchers above for approval of 2014 claims vouchers. D. Payroll Vouchers Payroll check numbers 534407 through 534455 in the amount of $949,606.03, electronic deposit transmissions in the amount of $1,257,913.93 for a grand total of $2,207,519.96 for the period covering January 2, 2014 to January 15, 2014. See 2013 claims vouchers above for approval of payroll vouchers. III. RESOLUTIONS A. Resolution No. 5039 A Resolution of the City Council of the City of Auburn, Washington authorizing the Mayor to execute a contract with Washington2 Advocates, LLC, for consulting services. Director of Administration Hursh presented Resolution Nos. 5039 and 5040 and distributed copies of the Washington2 Consulting and Thompson Smitch Consulting Group annual report of activities and outlook for the coming year. Washington2 Advocates has performed lobbying efforts on the City's behalf and subcontracted some of the activities to Thompson Smitch. Thompson has been responsible for managing the local, state and regional lobbying while Washington2 Advocates has handled issues at the national level. Mr. Hursh noted the contract for Washington2 Advocates is in the amount of $7,500.00, and the contract with Thompson Consulting is in the amount of $11,000.00. Some of the issues the local and national lobbying teams worked on in 2013 included: funding for the completion of SR167 and SR509 gateways project, effects of sequestration, monitoring the effects of the Violence Against Women Act, support for the Marketplace Fairness Act, monitoring the Water Resources Page 2 of 6 FN.1 Page 52 of 215 Development Act, support for the Maritime Goods Movement Act related to the Harbor Maintenance Tax, Veterans and Human Services Center funding, Amtrak station, City Council advocacy, M Street Overpass opening coordination, facilitating contacts between the City and Sound Transit, tracking federal funding, and monitoring state legislation. Vice Chair Holman spoke in favor making the Harbor Maintenance Tax and the Maritime Goods Movement Act a priority in 2014. Chair Wales suggested meeting with the lobbyists prior to or while at the National League of Cities Conference to coordinate the City's priorities and message. Member Trout moved and Vice Chair Holman seconded to approve and forward Resolution No. 5039 to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 B. Resolution No. 5040 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a contract with Thompson Consulting Group for consulting services Member Trout moved and Vice Chair Holman seconded to approve and forward Resolution No. 5040 to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 IV. DISCUSSION ITEMS A. November 2013 Financial Report (Coleman) Finance Director Coleman presented the November 2013 Financial Report. The General Fund revenues exceed budget by $2.1 million and expenditures are less than budgeted. Finance Director Coleman pointed out that through November 2013, the amount of sales tax collections from construction exceeds $1.7 million. Director Coleman also directed the Committee's attention to the charts regarding collection of real estate excise tax (REET) and noted the excise tax collection has exceeded budget estimates by approximately $800,000.00. There was brief discussion regarding the use of REET 1 and REET 2 revenue. Director Coleman noted that the sewer operating loss has decreased compared to last year. Also, the Sewer Metro charges are now reported separately. Page 3 of 6 FN.1 Page 53 of 215 Director Coleman reported that requests for proposals for cemetery management are due Friday. There was also brief discussion regarding the advantages of purchasing water supply from Tacoma. B. Ordinance No. 6494 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the Local Sales and Use Tax Rate for Local Revitalization Financing for 2014 Ordinance No. 6494 levies the .022% sales tax credit against the state sales tax for local revitalization financing. The City is able to collect up to $250,000.00 annually to help service the debt for the Promenade capital improvements. The City is required to annually adopt an ordinance authorizing the levy of the sale tax credit. In 2010, the City issued $7.24 million in bonds to fund capital improvements for the Promenade, plaza and parks. Director Coleman reported the Ordinance will come before the full Council for adoption no later than the second meeting in February. C. Resolution No. 5025 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance and appropriation of grant funds in the amount of thirty six thousand two hundred sixty four dollars ($36,264.00), and authorizing the Mayor to execute an Interlocal Agreement between King County and the City of Auburn to accept said funds for implementation of the 2014 Waste Reduction and Recycling grant program Resolution No. 5025 authorizes an Interlocal Agreement with King County for the 2014 Waste Reduction and Recycling Grant Program. King County has appropriated $36,264.00 for the City to promote waste reduction and recycling to residents and schools. D. Resolution No. 5026 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Services Contract with the Seattle- King County Department of Public Health for reimbursement of funds related to 2014 local Hazardous Waste Management program activities Resolution No. 5026 authorizes a contract with Seattle-King County Department of Public Health for the Local Hazardous Waste Management Program. King County has extended $21,578.99 for the City to promote the Neighborhood Natural Yard Care Program to one neighborhood and provide hazardous waste education to residents. Page 4 of 6 FN.1 Page 54 of 215 Three workshop presentations on natural yard care will be given to the North Auburn neighborhood. The program also funds hazardous waste education through a newsletter, flyers and other outreach methods. E. Resolution No. 5032 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to impose a Sales and Use Tax as authorized by RCW 82.14.415 as a credit against State Sales and Use Tax, relating to annexations Resolution No. 5032 levies the .1% sales tax credit against the state sales tax for annexation of the Lea Hill area. The last year of the tax credit will be 2016. F. Resolution No. 5027 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Execute an Amendment to the Sewer Franchise Agreement Between the City of Auburn and King County to operate, maintain and construct sewer mains, service lines and appurtenances in, over, along, and under County Roads Sewer Utility Engineer Bob Elwell presented Resolution No. 5027, which authorizes an amendment to the sewer franchise agreement between the City and King County to operate, maintain, and construct sewer mains within county roads. During the 2009 Comprehensive Sewer Plan, the City added an additional area to its sewer service area, which lies in unincorporated King County. The amendment updates the boundaries within which the agreement is affected. All other terms of the franchise agreement remain the same. G. Resolution No. 5038 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution No. 4826 regarding reduction of speeds on arterial street routes in the City Transportation Manager Pablo Para presented Resolution No. 5038. In 2012, the City Council adopted Resolution No. 4826 to reduce the speed limits on certain arterials within the city in an effort to preserve City streets and provide for traffic safety. Staff recommends repealing Resolution No. 4826 as the reduction in speed limits did not accomplish the level of street preservation desired or significantly add to traffic safety. H. City's Bond Rating Finance Director Coleman presented notification from Standard & Poor's Ratings Services (S&P) that the City's bond rating has been Page 5 of 6 FN.1 Page 55 of 215 raised to "AA+" from "AA" on the City's general obligation bonds. S&P noted Auburn's economy, City management, budgetary flexibility and liquidity, and debt and contingent liability profile as strong. I. Other Discussion Chair Wales requested an opportunity to review the contract with the Auburn Symphony. Assistant City Attorney Gross reported the Parks, Arts and Recreation Department staff are working on a draft annual contract for the Symphony, which is under review by Legal. Chair Wales requested that the contract include provisions for audit and performance expectations. Mayor Backus reported the proposed contract provides for various deliverables. Chair Wales also requested that a future Finance Committee agenda include a discussion item relating to Council compensation, particularly a comparison with other cities. V. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:00 p.m. APPROVED this ____ day of February, 2014. ____________________________ _________________________ Largo Wales, Chair Danielle Daskam, City Clerk Page 6 of 6 FN.1 Page 56 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: January 22, 2014 Date: January 30, 2014 Department: Administration Attachments: Agenda Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:February 3, 2014 Item Number:CC.1 AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 57 of 215 cmroF_ _ •L.es Gove Community Campus January 22, 2014- 5:A0 PM Annex Conference Room 2 VJASHINGTON AGENDA I. CALL TO OROER A. Roll Call B. Announcements C. Agenda Modifications 11. CONSENT AGENDA A. Minutes-December 4. 2013" Tatel Les Gove Community Campus Committee to approve the minutes from the December 4, 2013 Les Gove Community Campus mee6ng as written. III. DISCUSSION ITEMS A. Update of A chitectural Drawins s for Const'uction Bid ITate) Progress report and schedule, including the plan fo clarifying interior lighting spec cations. B. Camous Securitv Plan (Faber) C. Citizens Survev (Faber) D. Neiahborhood Planning Meeting Format fTate) Discuss meeting content ouUine with desired outcomes and schedule. E. 7raffic Analysfs Progress (Faber) Discuss vehicies and movement, Campus intemal circulation and Deal's Way closure. F. Review Proiect Budoet Items Not Currentiv in Construction Contract (Thomas) Items such as storage carts, irrterior and exterior fumiture, fixtures, signage, art stage, kitchen appliances 8 utensils, landscaping, etc. G; Aetion Tracking Matrix' (IN ner) IV. ADJOURNMENT Agendas and minutes are available fo the public at the City Clerk's Office, on the City website httn://www:auburnwa.vov), and via e-mail. Complete agenda packets are available for review af the City Clerk's O ce. Denotes attachments included in the agenda packet. Page 1 of 13CC.1 Page 58 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the January 21, 2014 regular meeting Date: January 27, 2014 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:February 3, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 59 of 215 City Council Meeting January 21, 2014 - 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 Nancy Backus 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: Deputy Mayor Wagner, Bill Peloza, Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and Yolanda Trout. Department Directors and staff members present: Chief of Police Bob Lee, Director of Community Development and Public Works Kevin Snyder, IT Operations Manager Ashley Riggs, Parks, Arts and Recreation Director Daryl Faber, Economic Development Manager Doug Lein; Assistant Director of Engineering Services/City Engineer Ingrid Gaub, Assistant Director of Community Development Services Jeff Tate, Interim Director of Human Resources and Risk Management Rob Roscoe, Director of Administration Michael Hursh, Public Affairs and Marketing Liaison Dana Hinman, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Planning Commission City Council to approve the reappointment of the following Planning Commission members for a new three year term to expire December 31, 2016: 1. Robert Baggett 2. Ron Copple 3. Joan Mason Deputy Mayor Wagner moved and Councilmember Peloza seconded for confirm the reappointment of Planning Commission Members Baggett, Copple and Mason to new three year terms expiring December 31, 2016. MOTION CARRIED UNANIMOUSLY. 7-0 2. Arts Commission Page 1 of 12 CA.A Page 60 of 215 City Council to approve the reappointment of the following Arts Commission members for a new three year term to expire December 31, 2016: 1. DeNae McGee 2. Ronalee Schwend 3. Colleen Maloney City Council to approve four new appointments to the Arts Commission for a three term to expire December 31, 2016: 1. Donna M. Smart 2. Feney O. Perez 3. Jan G. Jensen 4. Charlotte Gollnick Deputy Mayor Wagner moved and Councilmember Peloza seconded to confirm the reappointment of Arts Commission Members McGee, Schwend, and Maloney to new three year terms expiring December 31, 2016. Deputy Mayor Wagner moved and Councilmember Peloza seconded to confirm the appointment of Donna Smart, Feney Perez, Jan Jensen and Charlotte Gollnick to the Arts Commission for three year terms expiring December 31, 2016. MOTION CARRIED UNANIMOUSLY. 7-0 3. Airport Board City Council to approve the reappointment of Mark Babcock for a new three year term to expire December 31, 2016. Deputy Mayor Wagner moved and Councilmember Peloza seconded to confirm the reappointment of Mark Babcock to the Airport Advisory Board for a three year term expiring December 31, 2016. MOTION CARRIED UNANIMOUSLY. 7-0 D. Agenda Modifications Resolution Nos. 5039 and 5040 were added to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation Page 2 of 12 CA.A Page 61 of 215 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. Jon Lindenauer, 2916 58th Pl S, Auburn Mr. Lindenauer, representing No North Auburn Garbage Site Citizens Group, stated the comment period for the Metro King County Solid Waste Transfer Station Plan Review will end February 3, 2014. Mr. Lindenauer urged Mayor Backus and the City Council to submit a statement requesting further study of the entire plan of transfer stations county-wide. Mr. Lindenauer expressed opposition to building a new solid waste transfer station anywhere in Auburn and recommended the remodel of the existing Algona transfer station. Mr. Lindenauer submitted a written copy of his comments together with a copy of a joint comment letter from the cities of Kenmore, Redmond, Shoreline and Woodinville to King County Department of Natural Resources and Parks dated November 1, 2013. Cindy Flanagan, 6012 S 298th Place, Auburn Ms. Flanagan spoke on behalf of members of the No North Auburn Garbage Site Citizens Group. Ms. Flanagan reported at the January 10th Metro Solid Waste Management Advisory Committee meeting, King County Solid Waste reported that 43 sources reported that there was significant interest in considering strategies that would allow not building a northeast station. At the meeting, no comments were made regarding South King County. Ms. Flanagan requested that the City's representative on the King County Regional Policy Committee speak on behalf of the City and the No North Auburn Garbage Site Citizens Group and express opposition to the proposed sites in South King County. Ms. Flanagan submitted a written copy of her comments. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met January 13, 2014. The Committee reviewed Resolution No. 5021 authorizing an agreement with Golf Now, LLC for reservations, point of sale and marketing software for the Auburn Golf Course. The Committee also discussed animal control and rescue, the shopping cart program, pet licensing, Resolution No. 5025 accepting a grant for waste reduction and recycling, Resolution No. 5026 accepting funds from King County for the Local Hazardous Waste Management Program, and the Committee's project matrix. The next regular meeting of the Municipal services Committee is scheduled for January 27, 2014. Page 3 of 12 CA.A Page 62 of 215 B. Planning & Community Development Chair Holman reported the Planning and Community Development Committee met January 13, 2014. The Committee reviewed Project No. CP0746, the Mill Creek Wetland 5K Restoration Project consultant agreement with Maul Foster & Alongi, Inc., Resolution No. 5031 related to the Comprehensive Downtown Parking Management Plan, Resolution No. 5029 approving a Purchase and Sale Agreement with John Rice for a small tract of land to be used for the Fenster Nature Park located on 2nd Street SE east of V Street SE, and Resolution No. 5030 approving an Interlocal Agreement related to Pierce County Countywide Planning Policies. The Committee also discussed Kent School District impact fees, Resolution No. 5013 setting a date for a public hearing on a Franchise Agreement with T-Mobile West, Resolution No. 5018 authorizing a renewal of a Public Way Agreement with MCI Communications Services, and a comparison of construction permits, commercial construction valuation, business licenses, real estate excise tax collections, and sales tax revenue from 2012 to 2013. Chair Holman displayed a slide of the construction permits, business license and tax revenue comparison reflecting an increase in economic activity. The next regular meeting of the Planning and Community Development Committee is scheduled for January 27, 2014. C. Public Works Chair Osborne reported the Public Works Committee met earlier this afternoon. The Committee reviewed a right-of-way use permit for the Downtown Association for a wellness fair and a right-of-way permit for the Seventh Day Adventist Academy for a half marathon on June 13, 2014. The Committee also reviewed Public Works Project CP1322, the Annual Traffic Signal Improvements; a change order for Public Works Project CP1120, the Lea Hill Safe Routes to School Project; Resolution No. 5013 setting the date for a public hearing on a Franchise Agreement with T-Mobile West, Resolution No. 5018 authorizing the renewal of Public Way Agreement with MCI Communications, Resolution No. 5027 authorizing an amendment to the Sewer Franchise Agreement with King County, and Resolution No. 5038 repealing Resolution No. 4826 to restore speed limits on certain arterials in the city. The Committee discussed the November 2013 Financial Report, Resolution No. 5032 relating to the sales tax credit for the Lea Hill annexation mitigation, Ordinance No. 6494 relating to the Local Sales and Use Tax for Local Revitalization Financing, Consultant Agreement No. AG-C-449 with Maul Foster & Alongi, Resolution No. 5030 relating to Countywide Planning Policies, Resolution No. 5029 authorizing a Purchase and Sale Agreement with John Rice, the Downtown Parking Management Plan, utility system development charges, the capital project status report, significant infrastructure projects by other entities, Resolution No. 5039 Page 4 of 12 CA.A Page 63 of 215 authorizing a consultant agreement with Washington2 Advocates, and Resolution No. 5040 authorizing a consultant agreement with Thompson Group. The next regular meeting of the Public Works Committee is scheduled for February 3, 2014. D. Finance Chair Wales reported the Finance Committee met this evening at 5:00. The Committee reviewed and approved 2013 claims vouchers in the amount of approximately $2.5 million, 2014 claims vouchers in the amount of nearly $2.8 million, and payroll vouchers in the approximate amount of $2.2 million. The Committee also reviewed the November 2013 Financial Report, Ordinance No. 6494 relating to Local Revitalization Financing, Resolution No. 5025 accepting a grant for the Waste Reduction and Recycling Program, Resolution No. 5026 accepting King County funds for the Local Hazardous Waste Program, Resolution No. 5032 levying a sales tax credit for annexation mitigation, amendment of the King County Sewer Franchise Agreement, and Resolution No. 5038 repealing Resolution No. 4826 and restoring the speed limits on certain arterials. The Committee also received a report from Standard & Poor's Rating Service announcing the City's bond rating was increased from "AA" to "AA+". Standard & Poor noted Auburn's economy, City management, and budgetary flexibility and liquidity as strong. The next regular meeting of the Finance Committee is scheduled for February 3, 2013 at 5:00 p.m. E. Les Gove Community Campus The next regular meeting of the Les Gove Community Campus meeting is scheduled for Wednesday, January 22, 2014, at 5:00 p.m. F. Council Operations Committee The Council Operations Committee has not met since the last City Council meeting. 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 January 6, 2014 regular meeting B. 2013 Claims Vouchers (Wales/Coleman) Claims voucher numbers 426877 through 427021 in the amount of $2,520,180.46 and dated January 21, 2014. C. 2014 Claims Vouchers (Wales/Coleman) Claims voucher numbers 426871 through 426873 and voucher numbers 427022 through 427120 in the amount of $2,768,339.58 and one wire transfer in the amount of $792.00 and dated January 21, 2014. Page 5 of 12 CA.A Page 64 of 215 D. Payroll Vouchers (Wales/Coleman) Payroll check numbers 534407 through 534455 in the amount of $949,606.03, electronic deposit transmissions in the amount of $1,257,913.93 for a grand total of $2,207,519.96 for the period covering January 2, 2014 to January 15, 2014. E. Project No. CP0746 (Holman/Tate) City Council to approve consultant services agreement AG-C-449 with Maul Foster & Alongi, Inc. for environmental and real estate services for Project No. CP0746 Mill Creek Wetland 5K Restoration F. Public Works Project No. CP1120 (Osborne/Snyder) City Council to approve Change Order No. 02 in the amount of $35,769.77 to Contract No. 13-07 for work on Project No. CP1120 Lea Hill Safe Routes to School Deputy Mayor Wagner moved and Councilmember Peloza seconded to adopt the Consent Agenda. Deputy Mayor Wagner spoke in favor of the Consent Agenda, which includes claims and payroll vouchers and project related items. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS A. Ratification of Resolution No. 5017 (Wagner/Heid) A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution No. 5893 passed December 17, 2012, and designating the members, powers, duties and meeting times and day of all standing committees of the City Council of the City of Auburn and designating the Deputy Mayor Deputy Mayor Wagner moved and Councilmember Peloza seconded to ratify Ordinance No. 5017, which was adopted by the City Council on December 16, 2013. MOTION CARRIED UNANIMOUSLY. 7-0 VII. RESOLUTIONS A. Resolution No. 5013 (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing to consider a Franchise Agreement with T- Mobile West LLC Councilmember Osborne moved and Councilmember Peloza seconded to adopt Resolution No. 5013. Page 6 of 12 CA.A Page 65 of 215 Resolution No. 5013 sets the date for a public hearing on the application from T-Mobile West for a telecommunications franchise. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 5018 (Osborne/Snyder) A Resolution of the City Council of the Auburn, Washington, authorizing the renewal of Public Way Agreement 08-03 and amending the terms to the agreement with MCI Communications Councilmember Osborne moved and Councilmember Peloza seconded to adopt Resolution No. 5018. Resolution No. 5018 authorizes the renewal of an existing Public Way Agreement with MCI Communications. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 5021 (Peloza/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement between the City of Auburn and Golf Now, LLC for reservations, point of sale, and marketing software services related to the Auburn Municipal Golf Course Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 5021. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 5027 (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an amendment to the Sewer Franchise Agreement between the City of Auburn and King County to operate, maintain and construct sewer mains, service lines and appurtenances in, over, along, and under County roads Councilmember Osborne moved and Councilmember Peloza seconded to adopt Resolution No. 5027. MOTION CARRIED UNANIMOUSLY. 7-0 E. Resolution No. 5029 (Holman/Tate) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Purchase and Sale agreement between the City of Auburn and John Rice Councilmember Holman moved and Councilmember Wales seconded to adopt Resolution No. 5029. Page 7 of 12 CA.A Page 66 of 215 Resolution No. 5029 authorizes property acquisition related to the Fenster Levy Setback Project. MOTION CARRIED UNANIMOUSLY. 7-0 F. Resolution No. 5030 (Holman/Tate) A Resolution of the City Council of Auburn, Washington, approving and authorizing execution of an interlocal agreement with Pierce County, thereby amending the Pierce County Countywide Planning Policies for Centers of Local Importance Councilmember Holman moved and Councilmember Wales seconded to adopt Resolution No. 5030. Resolution No. 5030 ratifies amendments to the Pierce County Countywide Panning Policies, including the designation of the Pierce County portion of Auburn as a Center of Local Importance. MOTION CARRIED UNANIMOUSLY. 7-0 G. Resolution No. 5034 (Wagner/Heid) A Resolution of the City Council of the City of Auburn, Washington, amending Resolution No. 5017 passed December 16, 2013 relating to the standing committees of the City Council of the City of Auburn Deputy Mayor Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 5034. Deputy Mayor Wagner moved and Councilmember Peloza seconded to amend Section 1, item F, to change the day and time of the Council Operations Committee to 4:00 p.m. on the fourth Wednesday of each month. MOTION CARRIED UNANIMOUSLY. 7-0 MOTION TO ADOPT RESOLUTION NO. 5034, AS AMENDED, CARRIED UNANIMOUSLY. 7-0 H. Resolution No. 5038 (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution No. 4826 regarding reduction of speeds on arterial street routes in the city Councilmember Osborne moved and Councilmember Peloza seconded to adopt Resolution No. 5038. Councilmember Osborne stated the City Council passed Resolution No. 4826 in 2012 for the purpose of reducing speed limits on certain arterials to preserve city streets. Staff reports the reduction in speed limits did not accomplish the level of street preservation desired and Page 8 of 12 CA.A Page 67 of 215 recommends restoring the speed limits of certain arterials. Councilmember Peloza spoke in favor of Resolution No. 5038. MOTION CARRIED UNANIMOUSLY. 7-0 I. Resolution No. 5039 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a contract with Washington2 Advocates, LLC, for consulting services Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5039. Councilmember Wales spoke in favor of Resolution No. 5039, which authorizes a consulting services agreement for lobbying efforts on behalf of the City. Councilmember Peloza spoke in favor of Resolution No. 5039. MOTION CARRIED UNANIMOUSLY. 7-0 J. Resolution No. 5040 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a contract with Thompson Consulting Group for consulting services Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5040. Councilmember Wales reported that the firm of Thompson Group has managed the local, state, and regional lobbying efforts for the City in the past, and Resolution No. 5040 continues the relationship with the consulting group. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Wagner reported on his attendance at the Auburn Arts Commission meeting, the South County Chambers of Commerce Legislative Coalition meeting, and the Junior City Council meeting held earlier this evening. Councilmember Trout reported on her attendance at the Puget Sound Page 9 of 12 CA.A Page 68 of 215 Regional Council workshop for newly elected officials, the Sound Cities Association breakfast for elected women, and the Auburn Senior Center coffee hour. Councilmember Osborne reported on his attendance at the Law Enforcement and Fire Fighters Retirement/Disability (LEOFF) Board meeting, the South Sound Chambers of Commerce Legislative Coalition meeting, King County Councilmember Peter von Reichbauer's Good Eggs Breakfast, the Regional Transit Committee meeting, the Sound Cities Association Board and Joint Committee meetings, Economic Development Conference hosted by the Seattle- King County Economic Development Council, a meeting of a coalition of suburban cities to discuss regional transit issues, and the Auburn Area Chamber of Commerce luncheon. Councilmember Peloza reported on his attendance at the Sister Cities International Committee meeting, the South Sound Chamber of Commerce Legislative Coalition meeting, the Auburn Airport Advisory Board meeting, and the King Conservation District's tour of Mary Olson Farm. Councilmember Holman reported on his attendance at the Seattle-King County Economic Development Council Annual Economic Forecast Conference and the Church of Jesus Christ of Latter-day Saints Stake Conference in Auburn. Councilmember Wales reported on her attendance at the Pierce County Regional Council meeting, the Auburn Area Chamber of Commerce luncheon, and the Seattle-King County Economic Development Council Economic Forecast meeting. Councilmember DaCorsi reported on his attendance at the South County Chambers of Commerce coalition breakfast, King County Councilmember Peter von Reichbauer's Good Eggs Breakfast, the Sound Cities Association workshop for newly elected officials, and the Association of Washington Cities training relating to executive sessions. B. From the Mayor Mayor Backus welcomed back to the City, Kevin Snyder, as the new Director of Community Development and Public Works. Mayor Backus reported that she continues to meet with departments and employee groups. Mayor Backus also reported on her attendance at the Committee to End Homelessness Legislative breakfast meeting, the Auburn Area Chamber of Commerce Career Day where she provided the welcome for the students, the Comcast Newsmakers interview, the press conference held by King County Executive Dow Page 10 of 12 CA.A Page 69 of 215 Constantine on the King County Transportation Benefit District, the Sound Cities Association Board of Directors meeting, and the Sound Cities Association Women's Leadership breakfast. Mayor Backus was also on hand at the Washington State Department of Labor and Industries' presentation of the prestigious Voluntary Protection Program Star designation to USG Corporation in recognition of their health and safety program. The Auburn USG manufacturing plant has operated for 3,000 days without a lost time injury. Mayor Backus announced she will participate in the one night count to identify the number of homeless in the Auburn community. IX. EXECUTIVE SESSION At 8:57 p.m., Mayor Backus recessed the meeting to executive session for approximately fifteen minutes to discuss potential litigation per RCW 42.30.110 (1)(i). Mayor Backus indicated possible action by the Council may follow the executive session. Department Directors and staff required for the executive session included Assistant City Attorney Steve Gross, Interim Human Resources and Risk Management Director Rob Roscoe, Finance Director Shelley Coleman, and Assistant Director of Engineering Services/City Engineer Ingrid Gaub. Mayor Backus reconvened the meeting at 9:14 p.m. Assistant City Attorney Gross read the title of Resolution No. 5028: Resolution No. 5028 A Resolution of the City Council of the City of Auburn, Washington, authorizing Notice of Planned Final Action regarding City of Auburn use of eminent domain proceedings. Councilmember Osborne moved and Councilmember Peloza seconded to adopt Resolution No. 5028. Resolution No. 5028 gives notice of the City's intent to employ potential eminent domain proceedings for City Project CP1119, Auburn Way South Corridor Improvements - Fir Street to Hemlock Street. MOTION CARRIED UNANIMOUSLY. 7-0 X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:15 p.m. APPROVED this ______ day of February, 2014. Page 11 of 12 CA.A Page 70 of 215 _____________________________ ___________________________ Nancy Backus, Mayor Danielle Daskam, City Clerk Page 12 of 12 CA.A Page 71 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: 2013 Claims Vouchers Date: January 27, 2014 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the claims vouchers. Background Summary: Claims voucher numbers 427123 through 427201 in the amount of $703,843.27 and dated February 3, 2014. Reviewed by Council Committees: Finance Councilmember:Wales Staff:Coleman Meeting Date:February 3, 2014 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 72 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: 2014 Claims Vouchers Date: January 30, 2014 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the claims vouchers. Background Summary: Claims voucher numbers 427121 through 427122 and voucher numbers 427127 through 427352 in the amount of $902,658.18 and dated February 3, 2014. Reviewed by Council Committees: Finance Councilmember:Wales Staff:Coleman Meeting Date:February 3, 2014 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 73 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: January 27, 2014 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 534456 through 534490 in the amount of $275,969.29, and electronic deposit transmissions in the amount of $1,312,418.76, for a grand total of $1,588,388.05 for period covering January 16, 2014 to January 29, 2014. Reviewed by Council Committees: Finance Councilmember:Wales Staff:Coleman Meeting Date:February 3, 2014 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 74 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0912 Date: January 27, 2014 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Maps Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate No. 4 for Contract No. 13-03 in the amount of $3,718.60 and accept construction of Project No. CP0912 Citywide Guardrail Improvements. Background Summary: This project consisted of furnishing and installing nearly 10,000 linear feet of guardrail along Kersey Way/R Street SE, Mountain View Drive SW, and Green River Road SE including guardrail terminals and transition sections. This project also included removal and construction of asphalt concrete pavement, removal and construction of cement concrete flatwork, new signage, pavement striping, and fencing to accommodate the new guardrail. A project budget contingency of $63,391.00 remains in the 102 (Arterial Street) fund. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Snyder Meeting Date:February 3, 2014 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 75 of 215 Project No: CP0912Project Title: Project Manager: Matthew Larson Project Initiation Initiation Date: 4/1/2013 Mid Year Advertisement Date: 7/30/2013 Contract Award Award Date: 9/3/2013 Change Order Approval Contract Final Acceptance Funding Prior Years 20132014 Future Years Total 102 Fund - Unrestricted 50,00050,000 102 Fund - Federal Grant502,275502,275 Total0552,27500552,275 Activity Prior Years 20132014 Future Years Total Design Engineering - City Costs36,66136,661 Construction Contract Bid381,7763,719385,495 Line Item Changes 38,55338,553 **Construction Engineering - Utility Costs (15,272)(15,272) Construction Engineering - City Costs38,4475,00043,447 Total 0 456,884 32,000 0 488,884 BUDGET STATUS SHEET Citywide Guardrail Improvements Date: January 27, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Total 0 456,884 32,000 0 488,884 Prior Years 20132014 Future Years Total *102 Funds Budgeted ( )0(552,275)00(552,275) 102 Funds Needed0456,88432,0000488,884 *102 Fund Project Contingency ( )0 (95,391)00(63,391) 102 Funds Required 0032,00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status **Agreement with utility companies to cover construction costs to vactor excavate guardrail post holes in lieu of relocating utility facilities that were in conflict with the project improvements. H:\PROJ\CP0912 Citywide Guardrail Improv\Budget\Budget Status Sheets\Budget Status Sheet Citywide Guardrail Improvements.xls 1CA.E Page 76 of 215 CA.E Pa g e 7 7 o f 2 1 5 CA.E Pa g e 7 8 o f 2 1 5 CA.E Pa g e 7 9 o f 2 1 5 CA.E Pa g e 8 0 o f 2 1 5 CA.E Page 81 of 215 CA.E Page 82 of 215 CA.E Pa g e 8 3 o f 2 1 5 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1301 Date: January 27, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 13-20, to Trinity Contractors, Inc on their low bid of $184,265.00 for Project No. CP1301, 2013 Citywide Sidewalk Repair Project. Background Summary: The 2013 Citywide Sidewalk Repair Project will repair approximately 1580 square yards of damaged sidewalks with an emphasis on fixing potential tripping hazards. This will be accomplished by removing and replacing damaged concrete sidewalk panels, replacing 11 curb ramps, and grinding/sawcutting down uneven surfaces in the walking path. Construction of this project (CP1301) is anticipated to start in February 2014 and be completed in April 2014. A budget contingency of $32,882.00 remains in the 328 Capital Improvement Fund. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Snyder Meeting Date:February 3, 2014 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 84 of 215 Project No: CP1301Project Title: Project Manager: Jai Carter Initiation/Consultant Agreement Initiation Date: __December 3, 2012___ Permission to Advertise Advertisement Date: __January 7, 2014_____ Contract Award Award Date: _ ___________ Change Order Approval Contract Final Acceptance Funding20132014 Future Years Total 328 Fund - Capital Improvement Fund*260,00000260,000 Total260,00000260,000 *Funds will be carried forward into 2013. Funds Budgeted (Funds Available) BUDGET STATUS SHEET 2013 Citywide Sidewalk Repair Project Date: February 3, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Activity20132014 Future Years Total Design Engineering - City Costs**01,00001,000 Construction Contract Bid 0184,2650184,265 Authorized Contingency (20%)036,853036,853 Construction Engineering - City Costs**05,00005,000 Total 0227,1180227,118 **City staff costs for design and construction are not charged against the project budget and are not shown here. 20132014 Future Years Total ***328 Funds Budgeted ( )(260,000)00(260,000) 328 Funds Needed 0227,1180227,118 ***328 Fund Project Contingency ( )(260,000)00(32,882) 328 Funds Required 0227,11800 *** ( # ) in the Budget Status Sections indicates Money the City has available. Estimated Cost (Funds Needed) 328 Local Street Budget Status 1 of 1CA.F Page 85 of 215 CA.F Page 86 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6483 Date: January 24, 2014 Department: Finance Attachments: Ordinance No. 6483 Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6483. Background Summary: Ordinance No. 6483 amends Auburn City Code to remove the requirement for proof of rabies vaccination in order to obtain pet licensing. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:February 3, 2014 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 87 of 215 ORDINANCE NO. 6 4 8 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 6.04.010 OF THE AUBURN CITY CODE RELATING TO ANIMAL CONTROL LICENSING WHEREAS, the City enacted Ordinance No. 6424 and Ordinance No. 6457, adopting and amending different provisions pertaining to animal control; and WHEREAS, Section 246-100-197 of the Washington Administrative Code WAC) requires all dogs, cats, and ferrets to be vaccinated against rabies, and WAC 246-100-070 requires local jurisdictions to enforce this requirement; and WHEREAS, the initial approach to the above referenced WAC provisions was to tie rabies vaccinations to animal licensing; and WHEREAS, in working with the Aubum Valley Humane Society and King County Animal Control, it is now felt that while rabies vaccinations should be required, as they are per Sections 6.04.015 and 6.04210 of the Aubum City Gode and consistent with the WAC provisions, rabies vaccinations should not be tied to, and be a requirement for, animal licensing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That section 6.04.010 ACC be and the same hereby is amended to read as follows: 6.04.010 License Required. It is unlawful for any person to own, keep, or have control of a dog or cat over the age of 8 weeks, whether confined or not, within the corporate boundaries of the City without having a current license tag attached to the Ordinance No. 6483 January 21, 2014 Page 1 of 3ORD.A Page 88 of 215 collar or hamess which is wom by the dog or cat or having been lawfully implarrted with a microchip. Any dog or cat which is off the premises of its owner must have a current license, regardless of ita age. If any dog and/or cat which is required to be licensed is found without a current license, it may be seized and impounded by the animal control agency or the law enforcement agency of the City. Additionally, such seizure and impoundment will not preclude the issuance of a criminal complaint.eef Ord.. 6457 § 2, 2013; Ord. 6424 § 3, 2012.) 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. Section 4. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons orcircumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR Ordinance No. 6483 January 21, 2014 Page 2 of 3ORD.A Page 89 of 215 ATfEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attomey Published: Ordinance No 6483 January 21, 2014 Page 3 of 3ORD.A Page 90 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6494 Date: January 24, 2014 Department: Finance Attachments: Ordinance No. 6494 Budget Impact: $250,000 a yr for 25 yrs. Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6494. Background Summary: Ordinance No. 6494 levies the .022% sales tax credit against the state sales tax for local revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature during the 2009 regular session. The intent of the legislation was to provide financial assistance to Cities to assist with financing public improvements in an identified revitalization area to promote community and economic development. The City first applied for the use of local revitalization financing on August 11, 2009 and the Department of Revenue approved the City’s application on September 16, 2009, authorizing up to $250,000.00/yr for the local revitalization program (Promenade capital improvements). In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding capital improvements for the Promenade. Annual debt service payments for these bonds continue through the year 2035. Funds from the sales tax credit, combined with REET2 funds are used to pay for the annual debt service costs of the local revitalization project. As of the end of 2013, the remaining principal balance is $6.36 million. The tax credit is available to the City for up to 25 years. 2014 will be the fifth year that the City has asked the State for the tax credit. As provided by the state, in order for the City to continue receiving the tax credit, the City must request this each year by Ordinance. Based upon historical taxable retail sales, the above rate of .022% is estimated to generate $250,000 for local revitalization funding during the State’s fiscal year July 1, 2014 – June 30, 2015. AUBURN * MORE THAN YOU IMAGINEDORD.B Page 91 of 215 Reviewed by Council Committees: Finance, Public Works Councilmember:Wales Staff:Coleman Meeting Date:February 3, 2014 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 92 of 215 ------------------------------ Ordinance No. 6494 January 14, 2014 Page 1 of 2 ORDINANCE NO. 6 4 9 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LOCAL SALES AND USE TAX RATE FOR LOCAL REVITALIZATION FINANCING FOR 2014 WHEREAS, The City of Auburn (“City”) enacted Ordinance 6301 on April 19, 2010, which established a local sales and use tax as provided for in Section 39.14.510 of the Revised Code of Washington (“RCW”); and, WHEREAS, this tax is imposed in order to pay the debt service on Local Revitalization Financing bonds in accordance with Chapter 39.14 RCW; and, WHEREAS, Chapter 39.14 RCW provides that the City shall, from time to time, adjust the tax rate so that it is set at the rate reasonably necessary to receive the state contribution over 10 months, in accordance with RCW 82.14.510(3); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The sales and use tax rate established in Section 3.2 of Ordinance 6301 is hereby amended to .022% beginning July 1, 2014. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. ORD.B Page 93 of 215 ------------------------------ Ordinance No. 6494 January 14, 2014 Page 2 of 2 Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ ORD.B Page 94 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5025 Date: January 24, 2014 Department: Finance Attachments: Resolution No. 5025 with agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5025. Background Summary: King County requests to enter into an interlocal agreement with the City of Auburn for the 2014 Waste Reduction and Recycling (WRR) Grant Program. King County has appropriated $36,264.00 for the City to promote waste reduction and recycling to residents and schools. The grant funding will be used to support the following: Sustainable Movie Night, Community Yard Sale, Bulky Item Collection, Residential Recycling Survey, classroom presentations, outreach at City-sponsored events, and public place recycling. This WRR Grant provides a 25% match to Department of Ecology’s Coordinated Prevention Grant. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:February 3, 2014 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 95 of 215 RESOLUTION NO. 5025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF THIRTY-SIX THOUSAND TWO HUNDRED SIXTY-FOUR DOLLARS ($36,264.00), AND AUTHORIZING THE MAYOR. TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN TO ACCEPT SAID FUNDS FOR IMPLEMENTATION OF THE 2014 WASTE REDUCTION AND RECYCLING GRANT PROGRAM WHEREAS, King County and the City of Aubum have adopted the King County Solid Waste Management Plan, which includes recycling and waste reduction goals; and WHEREAS, in order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the suburban cities; and WHEREAS, this program provides funding to further the development of local waste reduction and recycling for Auburn businesses and residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The City Council authorizes the acceptance of THIRTY-SIX THOUSAND TWO HUNDRED SIXTY-FOUR DOLLARS ($36,264.00) which Resolurion No 5025 January 2,2014 Page 1 RES.A Page 96 of 215 constitutes reimbursement. of funds for implementing the 2014 Waste Reduction and Recycling Grant Program. Section 2. The Mayor of the City ofiAuburn is authorized to execute an Interlocal Agreement with King County for the reimbursement of said funds. A copy of said Agreement is attached hereto and designated Contract #5637165 and is incorporated by reference herein. Section 3. The Mayor is hereby authorized to implement such administrafive procedures as may be necessary to carry out directions of the legislation. Section 4. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 5025 January 2,2014 Page 2 RES.A Page 97 of 215 APPROVED AS TO FORM: aniel B. Hei , Gity Attomey Resolution No.5025 January 2,2014 Page 3 RES.A Page 98 of 215 CONT'RACT#5637165 INTERAGENCY AGREEMENT FOR 2014 Between HI1VG COUNTY and the CTTY OF AUBURN This one-year Interagency Agreement"AgreemenY'is executed between King County,:a Charter Counry and political subdivision of the State of Washington, and the Ciry of Auburn, a mnnicipal corporation of the State of Washington, hereinafter referred:to as "County" and "City" respectively. Collectively,the County and City will be referred to as "Party"or"Parties." PREAMBLE King Counry and the City of Aubum adopted the 2001 King County Comprehensive Solid Waste Management Plan,which includes waste reduction and recycling goals. In order to help meet these goals,the King County Solid Waste Division}ias established a waste reduction and recycling grant program for the cities that operate under the King Counry Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservaYion projects that integrate with waste reducrion and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms aze discussed in the Grant Guidelines,a4tached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly 6udget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operaYe upder the King County Comprehensive Solid Waste Management Plan.The CiTy will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Auburn by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. 1 RES.A Page 99 of 215 II.RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The Ci 1. Funds provided to the Ciry by the County pwsuantto this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2014 shall not exceed$36,264. 2. This Agreement provides for distribution of 2014 grant funds to the CiTy. However, 2014 funds are nofavailable until January 1, 2014,and 2014 funding is contingent upon King County Council approval of the 2014 King Counry tindget. The Counry shall notify the City in writing of the funding status. 3. During this one-year grant program,the Ciry will submit a minimum of one, but no more than fow, progress reports to the County in a fortn approved by the County. Reports must be signed by a Ciry official. These reports wil( include: a. a description of each activiry accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepazed by the City's fmance department,that includes vendor name,description of service,date of service, date paid and check number. If the City chooses to submit up to the maximum of four(4)progress reports and reguests for reimbursement during the one-year grant program,they shall be due to the County on the last day of the month following the end of each quarter-Apri13Q July 30, October 31 -except for the final progress report and request for reimbursement which shall be due by March 31, 2015. If the City chooses to submit the minimum of one progress report and request for reimbursement during the one-year grant program, it shall be due to the County by March 31, 2015. Regardless of the number of progress reports the City chooses[o submit, in order to secure reimbwsement,the City must provide in writing to the County by the 5`"working day of January 2015,the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. T'he City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effecti4eness of the projecu for which grant funds were utilized,according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s)outlined in the scope of work, but do later than June 30,2015. 2 RES.A Page 100 of 215 5. If the City accepts funding through this grant program for the provision of Waste Reducrion and Reoycling programs and projecu for other incorporated areas of King Counry,the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances,rules and regulations in theperformance of work described herein. T'he City assures that its procedures aze consistent with laws relating to public contract bidding procedures,and the County neither incurs nor assumes any responsibility for the Ciry's bid,award or contracting process. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the suthority of thisAgreement shall discriminate on the basis of race,color,sex,religion, nationality,creed,marital status,sexual orientation,age,or presence of any sensory,mental; or physical handicap in the employmentpr application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code,Chapter 12.16. 8. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King Counry Code,Chapter 12.18. The Ciry shall comply fully with all applicable federal,state and tocal laws,ordinances, executive orders and regulations that prohibitsuch discriminarion. These laws include,6ut aze not limited to, RCW Chapter 49.60 and Titles VI and VII ofthe Civil Righu Act of 1964. 9. The Ciry shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The Cityshall useboth sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 0. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County,to ensure proper accounting for all project fundsand compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service. provided in the performance of this Agreement. These records shall be maintained for a period of six{6)years aRertermination hereof unless permission to destroy them is granted by the Office ofthe Statc Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or sudit by the County and/or by federal or state of cials as so authorized by law. l 1.The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three(3)years. The records shall be compiled into a yeazly evaluation report, a copyof which shall be submitted to King County by March 31 of each yeaz through the yeaz 2017. 3 RES.A Page 101 of 215 12.The Ciry agrees to credit King County on all printed materialsprovided by the County,which the City is dnplicating, for distribudon. Either King Cou6ty's name and logo must appear on King County materials(including fact sheets,case studies,etc.), or, at a minimum,the City will credit King Counryfor artwork or text provided by tfie County as follows: "artwork provided courtesy of King County Solid Wazte Division"and/or"text provided courtesy of King County Solid Waste Division." 13.The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request,the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced,provided that the County credits the City for the piece. l4.The Ciry will provide the King County Projeot Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event,as soon as they are available but no later than thirty(30)days prior to the event. If there isany change in the datc or the location of an event,the City will notify the Counry a minimum of thirty(30)days prior,to the event If the event brochiire is required for admission to the Ciry's event, the Ciry is exempt&om having to provide ttie brochwe to King Counry. 15. If the City accepts funding through this grant program for the provision of recycling collection evenu for adjacenfareas of unincorporated ICing County,the City shall send announcemenu of the eventsto all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these evenu shall acknowledge King County as the funding source. T6. The City understands that funding for recycling collection events for adjacent azeas of unincorporated King County will be allocated on a yearly basis subject to the King Counry CounciPs yearly budget approval process. 17.This project shall be administered by Joan Nelson, Solid Waste&Recycling Supervisor; City of Aubum;25 West Main Street;Auburn, WA 98001;Phone: (253)931-5103; Email: jenelson auburnwa.sov, or designee. B. 7'he Counri: 1. The Counry shaU administer funding for the waste reduction and recycling grant program. Funding is desi ated by ciry and is subject to the King Counry CounciPs yearly budget approval process. Provided that the funds aze allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds xo be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a ciry receiving less th8n$10,000 per year,that city shall receive an additional allocation that would raise their total grant funding to$]0,000 per year.. a RES.A Page 102 of 215 2. The CiTy of Auburn`s budgeted grant funds for 2014 are$36,264. Unspent 2014 funds will not cazry over to 2015. 3. Within forty-five(45)days of receiving a request for reimbursement from the City,the County shall either notify the City of any exceptions to the request which have been identified orshall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. T'he County will not authorize payment for activities and/or expenditures which are not included in the scope of work and 6udgetattached as Exhibit A,unless the scope has been amended according to Seotion V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s)are iacomplete (i.e., do not include proper documentation of;expenditures and/oradequate description of each activity described in the scope of work for which reimbursement is being requested),and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agreesto credit the Ciry on all printed materials provided by the City to the Counry, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials{including factsheets, case studies, etc.), or,ata minimum,the Counry wilLcredit the Ciry for artwork or text provided by the Giry as follows: "artwork provided courtesy of the Ciry of Aubum"and/or"text provided courtesy of the City of Auburn." 5. The Counry retains the right to share,the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John,Project Manager of the King Counry Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1,2014 or the date of execution of the Agreementbyboth the Codnry and the City, if executed after January l, 2014 and shall terminate on June 30,2015. The City shall not incur any new charges afterDecember 31, 2014. However, if execution by either Party does aot occur until after January 1,2014,this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014 and the (ater execution of the Agreement provided that the City complies with the r8porting requirements of Section II.A of the Agreement. 5 RES.A Page 103 of 215 IV.TERNIINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. B. This Agreemerrt may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III,dpon thirty(30)days advance written notice. Reasons for termination for cause may include but not b,e limited to: nonperformance;misuse of funds;and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3.and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1)the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date oftermination; and(2)the City shall be released from ariy obligation to provide further services pursuant to this Agreement. D. Nothing 6erein:shall limit, waive, or extinguish.any right orremedy provided by thisAgreement or law that either Party may have in the event that tfie obligations,terms and conditions set forth in this Agreement aze breached by the other Pazty. . V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendmenu to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King Counry Comprehensive Solid`Waste Management PIan.Funds may be moved between tasks in the scope of wo;k, attached as Exhibit A, only upon w{itten requgst by the City and written approval by King Counry. Such requests will only be approved if the proposed change(s) is(are) consistent with and/or achieves the goals siated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDENINIFICATION The City shall protect, indemnify, and hold hazmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its su6contractors pursbant to this Agreement. The City shall defend at its own expense any and all claims, demands, sdits,penalties, losses, damages, or cosu of any kind whatsoever(hereinafter "claims") brought against the County arising out of or incident to the Ciry's execution of,performance of or failure to perform this A eement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film,tape,or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent,trademark, trade name,and/or otherwise results in unfair trade practice. 6 RES.A Page 104 of 215 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Ageement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement 6y the City, its agents,representatives, employees,and/orsubcontractors. The minimum limits ofthis insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. Ifthe policy has an.aggregate limit,a$2,000,000 aggregate shall apply.Anydeductible or self-insured retentions shall be the sole - responsibility of the City. Such insurance shall cover the Counry, its officers, officials, employees, and agents as additional insureds against liability a;ising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Cartificate of Insurance and additional insu=ed endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements,a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and isa member of the Washington Cities Insurance Authority(WCIA),a written acknowledgemenUcertification of current membership is attached to this Ageement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the ageement of the County and City hereto, and any oral or written representations or understandings not incotporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agi eement shall not be deemed to be waiver of any other or subsequent breach and`shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the Counry, which shall be attached to the original Agreement. IX. TIlVIE IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence,clause or phrase of this Agreement is, for anyreason, found to be unconsNtutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect thevalidity ofthe remaining portions. 7 RES.A Page 105 of 215 XL NOTICE Any notice required or permitted under this Agreement shal] be deemed sufficiently given or served if sent to the King Codnty Solid Waste Division and the City at the addresses provided below: Morgan John,Project Manager,or a provided designee, King County Solid Wastc Division Department of Natural Resoarces and Pazks 20I South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Joan Nelson, Solid Waste&.Recycling Supervisor City of Aubum 25 West Main Street Auburn, WA 98001 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:. C Kina Coantv BY Title) Pat D.McIaughiin,Director Solid Waste Division For pow Constantine,King Counry Executive Date Date 8 RES.A Page 106 of 215 Exhibit A CITY OF AUBURN SGOPE OF WORK 2014 SOLID WASTE DIVI3ION i WASTE REDUCTIONJ RECYCLING GRANT i A. BASIC INFORMATION i 1. Appiicent: City of Aubwa 2. Project 1YUe: Ciry of Aubwp Westo Redugtion&Racycling Progrem i 3. Grant Maneger: Joan Nelson,Solld Westa&Rocycling Supervisor Cfty of Aubura zs we tHem so-ooc n n,,wn 9sooi Phoao:(233)931=5103 Fax:(253)876-1900 Emeil:jenelson(t aubumwa.eov 4. Project Mauager: Kathlean Edmen,3olid Westa Gl stomar Care Spxlslist City of Aubtvn 25 West Main 3troot Aubmtt,WA 98001 Phone:(253)931-3047 Fex:(253)8761900 Emai1: ked nsn(glauburnwe.¢or s. BWing CoordlosWr. Consuelo Rogol,Flrianctal Aaalyst Clry of Aub au zs wost Matn suooe Auburn,WA 9800I P6ona:(253)804-5023 Email: 6. Eteqnosted doller amouM: 2014(ireat Awmd 56,264.00 2-KinR Countv Special Recvclinr Evmtts-S 20.000.00 2014 Totel 36,264.00 B. PROPOSED 5COPE OF WORK Pro)ects: Task#1 Roeidential Recyeling, Task#Z Sc6001 Eov(ronmentel Educetton Taek il3 Pablie P1ace Recyclfng Projecf Managers: AuMun's Solid Wasto CusWmer Caze Specielist will rmplement and meaage tho pmjects. Ihe Solid Wasoe Bc Racycling Suparvieor wlll menage the adminiehadon teaks of tha Grent(budgot,reporHng,and ireim!>iusomants), Bath'positions era fully flmdad by tha City" of Aubiun SoHd Wasto Division. Sctiedulo: January 1,2014-Dacsmbar 31,2014 j i Goala: To increase the awaroness of md perticipetion in Aubum's waebo roduction aud mcycling prograzne,and W increase iwastedivaraionintheRasidendaleadSchoalwaeteatreams, 1 IRES.A Page 107 of 215 Exhibit A Beckground: Reatdential Commanity Tho Ciry of Auburn provides recycling,westa pravsntion,end food scrap rocycling outreach and aducetion to ra9idmtv through modta evanuas snch as: nowslatters,edvartieing,wabsita smoimcomeab,phona maesagos,flyern,and rocycling ovents. The Ctty also provides en"at homd'city-wide gazage selo oppornmiry for singlo-family and mobile home pack reaidante to promota rausa. Tha City rocognizoa thb impmtenca of aducadng its divarsa communiry about diffaront ma@wds of waste roduction and rocycling end has publiehad newalotters and erticles,given cleseroom weste reductioa and rocycling presentadons,aoswarod citiun guasHons,and g{van rasourcas w rasidants who ask for ess3stanco. Auburn School Dlatr[d(A3D) City of Aubtan Solid Weste Diviaion watinuas to work closelywith ASD's Resource ConservaHon Manager to promote wasta raductian and racycling in the Aub sa echools. Tha ASD is committed w susrainabllity and suivas ro continuo raducing ita waete atleem. Ciry of Auburn prov3des prasenmt[ona to 3`grada students end ASD 8°i gtade teachas rocantly rook ovar the Powadul Choicas Progiam. Meny Aubum achoole pa cipabe m tlu King Couary Ci een 9chools and WashingWn arean Schools Arogrems. Task#1: Reaidential Recvcline A. Progrem/Project Doacriptloa Ae,yidentiel Recvcling Ouvaach&Aasistanoe-The City of Aubum will produce and mail s newslattm to all singla•family residanta. The naweletror wlll includa informetion on wasto pmvanNon,rousa,end rocycling. Tha City will also usa diffmront forma of madia,proeont ic ns,end promotionel ltame to promote waste reduction and recycling progiams;Including en eavlronm6ntal"Movie Night" In 2014,tho Cily's coasultent wlll focus on providing outreach to tho City's mobila home park roside s. In addition,tha City of Aubum plans to davelop a Residentlal Recycling Survey to got faedbaok diractly fi nt rosidents. Jty Residential daraae 3ele—The City will promote wasto reduction and rouse by sponsoring a three-day city- wide garege eele for sfl einglafemily rosldems. H. Dellverebles Residendal Recvcllne Outraech&Assiatance-1Le City wlll produoe or 6ave professionally pmduced media P+P Yg and promotional items,which may inchido,bnt are not 1'muted to:posters,atickars,mvironm tal taol kits,decals,and aubaidized wmpoat bins. Thesa matorials will bo usod W promou wasro raductlon and recycling And the Movio Nig,ht. Tha Residandal Recycktig Smvey will also be s da ivmable. C Residential aeraee Sele—T'ha"Daraga Sete Kits"given to each participant end advartieamarte will be the dolivarables, C. xp Ontcomes!Impscta Rosidential Recvcling Outreach&Aaviatence-NewslatWrs and edveRisemonta will promoto upcoming City ead Couaty evants and inform residente about resourcos available fot wasta reductlon end reaycling speoific to thefr hama.The City wiIl lncroaae awm mess of md participetion ia the City's Wasta Radnctioa and Rocycling Program. 7'6e Rasidertial Recyclmg Survey will provida information on how effoctive the City's autreaph efforts ere md what aroas nead moro ettentlon. Citv Rasideotial Garaae Sale—The criy-wIde gerage sale w1ll mcourege residents to roduce waste and reuse. ' D. &valaatton Rasidantial Recvclin¢Outreach Aasismnco-The City willrecord tha number of newsletters and articles d and dism'buxd to City oY Aub aa rosidaMe(Singlo Fmmity/Daplex and Moblle Home Perk). Tha City will record the number of displays ead promotional iteme croated,displayod or dishibutod. Tha City will also uack tho mm bor of calls,amails,or fexoa wa rocaiva rageMmg thasa items. Tha Clty will also count the number of residents who attand tha Movio Night. Racycla cart etiecks In ttie moblle homa perks before and efter oun each ls conducted will determino whothar program_effmis ara successfiil. y ResidenHal Gare e 5ale—Tha City will i econl the numbar of"Qarage Sala Kits"dletributad. A survay wlll also be conductad(salf-addrossad postcazd mailed back to the City or online survoy),datermining the numbar af items sold or given away. 2 RES.A Page 108 of 215 Sxhibit A Task#2: School Environmental Edncation I A Program/Project Descrtptlon School Programs&Prosentations-City staff and a consuUaut will continua to provido wesu raduction,recycling end food'scrap recycliug mazerIals and prasoritations to alamentery achool classrooms end othar sohools upon i roqwat::A consultent.will work.with tha Autitirn School DLsU lct Roso ca Consorvstlon Managor(RCIv on wasta raductIon and rocyclinB Pi'oB g for the schools. i B. Delivetebles School Proerama&Presentations—The numbar of classroom prasentations wIll ba a dalivareble.Tho amount of matacials reoyclal at tlia Aubiun Schools will also be a deflvafable.Pra-and post-classroom presentstton siuveys wip ba completed C. Expected 0utcomes!Impsets School Pro eme 8c Prasamations—City stafF and tha consukant will promota valusbla loseons about wasta raduction and racycling m awdents and teachars. T6aso lossons will than ba shared with paronts and may influenoa purchasing and disposal dociaions. D. EvaluaUoa School Pro¢rama&Presantations-Tha City will racord tha numbar of clessroom prasentations givon.to Auburn studams: 7'ha pre-and post-classroom preseutstion sarveya will datermina tha effectivaness of tha information prasantad. The amount of materisis rocyclad at each school will ba hackad by tha RCM. Task#3: Pnblic Placa Recvclins A. Progrem Deacripdon Conteinbrs&Su lias-Racycling containers ara locatad at City Parks anil t6a pubGc downtown area w promota recycling. The quandty of containars per Iocallon varies according to activizies and seaeonal citizen euendenca. B. Delivarebles Containers 8c Suoolies—Containor lids,hardware,and locks will be tha daliverablea. C. Ezpected 0uteomes/Impacts Containers&Supplies-By continuing to locate reoycling coataineis in public azeas,tha City will incroase awazaneae of and participedon in tha City's Westa Roduction end Racycllng Program. D. EvaluaUon Containers 8c Su lies-The City will record tho number oF contamars end aupplios at eech location. Tho Ctty will track the amount of gazbege end recycling collected,and will moasura weate divarsion. i j I, ii 3 IRES.A Page 109 of 215 Exhib.it A C. PROPOSED BUDGET Task#1 Reaidentisl Recvcline Residential Recyoling Oatieach&Assistance 28,796.75 Residendal Community Yazd Sale 2,617.25 Total Task#1 31,414.00 Task#2 Sc6001 Emironmental Educallon Schools Progcam Outreach&Assistance 3,905.00 Total Task#2 S 3,905.00 Taelt#3 Pablic Place Reevcline Recyoling Containers& Supplies 945.00 Tatal Task#3 S 945.00 TOTAL 2014 GRANT FUNDING 36,264.00 4 RES.A Page 110 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5026 Date: January 24, 2014 Department: Finance Attachments: Resolution No. 5026 with contract Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5026. Background Summary: Seattle-King County Department of Public Health requests to enter into a contract with the City of Auburn for the Local Hazardous Waste Management Program. King County has extended $21,578.99 for the City to promote the Neighborhood Natural Yard Care Program to one neighborhood and provide hazardous waste education to residents. Neighborhood Natural Yard Care Program Three workshop presentations will be given to an Auburn neighborhood. The presentations will focus on various yard care techniques that contribute to environmental health and safety. The Water and Storm Utilities also contribute resources to this program. Residential Hazardous Waste Education Household hazardous waste education to residents will include: a postcard, flyer, or newsletter mailed to residents and a consultant to provide outreach at City-sponsored events. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:February 3, 2014 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 111 of 215 RESOLUTION NO. 5026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SERVICES CONTRAGT WITH THE SEATfLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH FOR REIMBURSEMENT OF FUNDS RELATED TO 2014 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM ACTIVITIES WHEREAS, the Seattle King-Gounty Department of Public Health has agreed to reimburse the City of Aubum in the amount of $21,578.99 for costs associated with #he City's Local Hazardous Waste Management Program; and WHEREAS, in order to accept the monies offered by the Seattle-King County Department of Pubiic Health, it is necessary for the City to enter into a services contract which specifies the administrative procedures governing the reimbursement of funds spent in the Ciry's Local Hazardous Waste Management Program. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHJNGTON, iN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are authorized to execute the King County Contract for Services, a copy of which is attached hereto and designated Contract# EHS3366 and is incorporated by reference herein. Sec4ion 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including providing for the expenditure and appropriation therefore in appropriate budget documents. Resolution No. 5026 January 2, 2014 Page 1 of 2 RES.B Page 112 of 215 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2014. CITY OF AUBURN NANCY BACKUS MAYbR ATTEST: Danielle E. Daskam, City Clerk APP VED S TO FORM: Daniel B. Heicl, City Attomey Resolution No. 5026 January 2, 2014 Page 2 of 2 RES.B Page 113 of 215 Public Health(, Seattle & King County King County Corrtract# EHS3366 Federal Taxpayer ID# 91-6001228 Federal Sub-recipient- No This form is available in altemate formats for people with disabilities upon request 2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION THIS GONTRACT is entered into by KING COUNTY (the "Couniy"), and City of Aubum (the Contrector"), whose address is 25 W Main St., Aubum, Washington 98001 998. The County department oVerseeing the work to be performed in this Contrect is the SeaHle-King County Department ofPublic Heakh (aka, Public Health -Seattle& King County, "PHSKC"). Contract Summarv PHSKC Division: Environmental Health Projecf TIUe: Local Hazardous Waste Management.Program Contract Amount: Twenty One Thousand Five Hundred Seventy E1ght Dollars and Ninety Nine Ce rts Contraet StaR Date: 01/01/2014 Contract End Date: 12131/2014 Fund Source Information FEDERAL: $0 COUNTY: $21,578.99 STATE: $ 0 OTHER: $0 Seecific Fundina Details(Award number. CFDA#. Amounts. Eifedive Dates) 1) Local Hazardous Waste ManagemeM program funding WFiEREAS, the County has been advised that the foregoing are the current funding sources, Tunding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and asauthorized 6y the 2014 Annual Budget. NOW THEREFORE, in consideration ofpayments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I Ineomoration of Exhibiffi The Contractor shall provide services and comply wfth the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Program Exhibits and Requirements Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Invoice Exhibit D: Contractor's Certifidate of Insurance and AddiGonal Insured Endorsemerrt I I Term and TerminaUon A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014$:00:00 AM, uniess extended or tertninated earlier, pursuant#o the terms and conditions of the Con4ract. Contract#EHS3366 Page# 1 of 9 RES.B Page 114 of 215 B This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsedion II.A. above, by providing the other party thirty(30) days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. atiode, by proViding the other party thirty (30)days advance written notice of the suspension. C The County may terminate or suspend this Contract, in whole or in part, upon seven (7)days advance written notice in the eveM: (1)the Contractor materially breaches any duty, obligation, or service required pursuard to this Contract, or(2)the du6es, obligations, or services required herein become impossibie, illegal, or not feasible. If the Contract is tertninated by the County pursuant to this Subsection II.C. (1),the Contractor shall be liable for damages, including any addftional costs of procurement of similar services from another sourc:e. If the termination resufts irom acts or omissions of the Contractor, including but not limited W misappropriation, nonperformance of required services, or fiscal mismanagement,the Contractor shall retum to the County immediately any funds, misappropriffied or unexpended, which have been paid to the Contractor by the County. D If Courrty or ather expected or actual funding is withdrawn, reduced, ar limited in any way prior to the tertnination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor,terminate or suspend this Cont2ct in whole or in part. If the Contrad is terminated or suspended as provided in this Section (1)the Counly wiil be liable ony forpaymeM in accordance with the terms of this Contract for services rendered prior to the eifective date of termination or suspension; and (2)the Contractor shali be released from arry obligation to provide such further services pursuant to the Contrad as are affected by the termination or suspension.. Funding or obligation under this Contract beyond the current appropriation yearis conditional upon appropriation by the County Council of sufficient funds tosupport the activities described irtthe Contract. Should such appropriation not be approved, this Contrad wiil terminate at the Gose of the current appropriation year. if the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E Nothing herein shall limit,waive, or extinguish any right or remedy provided by this Contrad or law that either party may have in the event that the obligations,tertns, and conditions set forth in this Contract are breached by the other parly. III" Comnensation and Method of Pavment A The County shall reimburse the Contracfor forsatisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval by the County of a signed invoice in substantially the fortn of the attached Invoice Exhibit which complies with the attached Budget Exhibit. B The Contractorshall subm8 an invoice and all accompanying reports as speafied in the attached exhibits not more than 60 working days after the ctose of each indicated reporting period. The County shall make payment to the Contractor not more than 30 days after a corriplete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Gontractor's final irnoice and reports are not submitted by the day specified in this subsection,the County will be reiieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an ezhibk, the Contractor shall apply the funds received from the County under this Contract in accordanoe with said budget. The Contrect may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendmerrt to this Contract when the cumulative amount of transfers Contract#EHS3366 Page#2 of 9 RES.B Page 115 of 215 among the budget categories is expected to exceed 10%of the Contract amount in any Contract budget. Supporting documents necessary tn explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limfted to the eligible costs based on the following rates and criteria.. 1 The mileage rate allowed by King County shall not exceed the current Intemal Revenue Service(IRS) rates per mile asallowed for business related travel. The IRS mileage rate shall be paid for the operation, mainfenance and depreciation of individually owned vehicles for that time which the vehide is.used during work hours. Parking shall be the actpal cost. When rental vehicles are authorized, govemment rates shall be requested. If the Contrador does not request go4emment rates,the Contractor shall be personally responsible for the difference. Please reference the federal web site for curtent rates: http:/Mrww.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federai travel requisitions for the host aty in the Code of Federal Regulations,41 CFR§301, App.A. Please reference http://www.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host ciry taxes.'fhe Contractor shall always request govemment rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grarrt must be in accordance with the FlyAmerip Act. IV Intemal Control and Accountinc Svstem The Contractor shall establish and maintain a system of accounting and intemal controls which complies with applicable, generally accepted govemment acxounting standards(GAGAS). V DebarmeM and Susoension CerHftcaUon Entities that are debarced, suspended, or proposed for debarment by the U.S. Govemment are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certfies that the Contractor is not presently debarred, suspended, or proposed for deba(ment by any Federal department or agency. The Contrador also agrees that it will not enterinto a subcontracY with a contractor that is debarred, suspended, or proposed for debartnent. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed far detsarmerrt by any Federal department or agency. VI MaiMenance of Records/Evaluatlons and Insoectio A The Contrador shall maintain accourrts and records, including personnel, properiy, financial, and programmatic records and other such records as may be deemed necessary by the CouMy to ensure proper accourrting for ail Comracf funds and compliance with this Corrtract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application fortns, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contrad; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contrador by ail businesses seeking to participate on this Corttrad, and any other infortnation necessary to documeM the actual use of and payments to subcontradors and suppliers in this Contract, including employment records. The County may visit the sfte of the work and the Contractors office to review the foregoing records. The Contrador shall provide every assistance requested by the County during such Contract# EHS3366 Page#3 of 9 RES.B Page 116 of 215 visits. In all other respects,the Corrtractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contrad involves federal funds,the Contrador shall compy with all record keeping requirements set forth in any federal rules, regulaHons or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six(6) years after termination hereof unless permission to destroy them is granted by the Office of the Archiqist in accordance with Revised Code of Washington (RCVN Chapter 40.14. D Medipl rec;ords shail be maintained and preserved by the Contrador in accordance wRh state and federal mediqi records statutes, including but not limRed to RCW 70.41.190, 70.02.160,antl standard medipt records practice. If the Contractor ceases operations under this Contract,the Contrador shall be responsible for the disposition and maintenance of such medicat records. E The Contractor agrees to cooperate wiM the County or its agent in the evaluation of the Contractor's performance unde this Contract and to make available all information reasonably 2quired by any such evaluation process. The results and records of said evaluations shall be. maintained and disctosed in accordance with RCW Chapter 42.56. F The Contrador agrees that all ir formation, records, and data collected in connection with this Contrad shall be proteded from unauthorized disclosure in accordance with applicable state and federai law. VII Comolfance witl the Health Insurance Portabilitv and AccouMabilitv Act of 1996(HIPAAI The Contrador shall not use protected health infortnation created or shared under this Co,ntract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingcou nty.govlhealthservices/health/partnershipslcontracts VIII Audits A if the Contractoris a municipai entity or other govemment institution orjurisdictiom, it shall notify the Courrty in writing within 30 days of when its annual report of examinaHon/audit conducted by the Washington State Audftor has been completed. B Additional audft or review requirements which may be imposed on the County will be passed on to the Contractor and the Contrador will be required to wmply with any such requirements. 1X Corrective Actlon If the County determines that a breach of contract has occurred, that is, the Contractor has failed to compiy with any terms or conditions of thisCorrtract or the Gontractor has failed to provide in any manner the work or services agreed to herein, and if fhe County deems said breach to wartanf cortective adion, 4he foliowing sequerrtiai procedure will apply: A The Counly will notify the Contractof in writing of the.nature of the breach; The Contrador shall respond in writing within three(3)working days of its receipt of such notification,which response shall indicate the steps being taken to correct the speafied deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10)days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the Courrty's determination as to the sufficiency of the Contractor's cortective adion plan. The determination of sufficiencyof the Contradors corrective adion plan shall be at the sole discretion of the County; C In the event that the Contrador dces not respond wRhin Me appropriate time with a wrredive adion plan, or the Contractor's coRedive adion plan is determined by the County to be Contract#EHS3366 Page#4 of 9 RES.B Page 117 of 215 insuffiaent,the County may commence termination or suspension of this Cantract in whole or in part pursuarrt to Section II.C.; D In addkion, the County maywithhold arrypayment owed the Contrador or prohibk the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have.pursuant to Sedion II. Subsections B, C, D, and E. X Disoute Resolution The parties shall use their best, good-faifh efforts to cooperatively resolve disputes and problems that arise in connedion with this Contrad. Both parties will make a good faith eifort to crontinue without delay to carry out their respective responsibilities under this ContracYwhile attempting to resolve the dispute under this section. XI Hold Hartnless and lndemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the Courity for arry purpose. The Contractar shall be responsible for all federal and/or state tax, industrial insurance,. and Social Security liabiliry that may result from the performance of and compensation for these services and shall make no Gaim of career service or civil service rights which may acorue to a County employee under state or loqi law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or tazes by, or on behalf of the Contractor, its employees, subcontractors and/orothers by reason of this Contract. The Contractor shall proted, indemnify, and save harmless the County, its offcers, agents, and employees from and against any and all claims, costs, and/or losses whatsaeVer occurring or resulting from (1) the Contrador's failure W pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contrador of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the perfortnance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the tertns of this Contract by the Contractor, its officers, employees, agents, or subcontrectors. This duty to repay the County shall not be diminished or extinguished by Me prior termination of the Contract pursuant to the Term and Tertnination sedion. C The Contrador shall defend, indemnify, and hold harmless the County, Rs officers, empioyees, and agents firom any and all costs, daims,judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contrador, its officers, employees, subcontractors and/or agents in its perforinance or non-performance of its obligations under this Contract. In the event the County incurs any judgment, award, and/orcost arising therefrom including attorneys'fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnity, and hold harmless the Contractor, its officers,employees, and agents from any and all costs, Gaims;judgments, and/or awaMs of damages, arising out of, or in any way resuRing fram,the negligen4 acts or omissions of the County, its officers, employees, or agents in its performance or non-perfortnance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attomeys'fees to e force the provisions of this article,.all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software,book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, ConVad#EHS3366 Page#5 of 9 RES.B Page 118 of 215 constitutes an infingement of any pyright, patent, trademark,trade name, andlor otherwise resuits in ur fair trade pradice. F Nothing contained within this provision shall affed and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save hartnless obfigationscontained herein shall survive the expiration, abandonment or terminafion of this CoMract. XII Insurance Reauirements By the date of eicecution of this Contract,the Contractor shall procure and maintain for the duration of this Contrad, insurance against daims for injuries to persons or damages to property which may arise from, or in connection with,the performance of work hereunder by the Contractor, its agents, represerrtatiyes, employees, and/or subcor tradors.The costs of such insurance shali be paid by the Contrador or subcontractor. The Contractor may Tumish separate certficates of insurance and policy endorsements for each subwntractor as evidence of compliance wfth the insurance requirements of this ContrSct. The CoMractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor; its agents, employees, officers, subcontractors, proViders, and/or provider subcontractors to comply with the insurance requirements stated herein shall bonstkute a material breach of this Confract. Spec,ific coverages and requirements are at http:/Nvww.kingcounty.gov/healthservices/lieafth/partnerships/contracts; contractors shall read and proVide required insurance documentation prior to the signing of this Agreement. XIII AssianmentlSubcontracUna A The Contrador shall not assign or suboontrad any portion of this Contract or transfer or assign' any claim arising pursuant to this Contract without the written consent of Me County: Said consen4 musYbe sought in wriUng by the ConVactor not less than fifteen (15) days prior to the date of any proposetl assignment. B "Subcontract" shall mean any agreemenYbetween the Contractor and asubcontractor orbetween subcontractors that is based on this Contract, rovided that the term "subcontracY' does not include the purchase of(1)support services not related to the subjedmatter of this Contract, or(2) supplies. C The Contractor shall indude Sedions III.D:, III.E., IV, V, VI,VII,XI, XII,XIII,XIV,XV, XVI, and XVII,)CVIII, XXIV, XXV, XXVI, XXVII, and 4he Funder's Special Tertns and Conditions, if attached, in every subcontract that relates to the subject matter of this Corrtract. D The Contractor agrees to include the following language verbatim in every subcantrad,for services which relate to the subject matter of this Contract Subcontrador shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, daims,judgments, and/orawards of damages arising out of, or in any way resulting from the negligent act or omissio s of subcontractor, its o cers, employees, andlor agents in connection with or in support of this Contract. SubconMactor expressly agrees and understands that King CouMy is a third party beneficiary to.this Cor tract and shall have the right to bring an action against subcorrtractor to enforce the provisions of fhis Pa 9 Ph" XIV Nondisc imination and Eaual Emolovment Ooaortunftv The Contrador shall comply wkh all applipble federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor.agrees that it will not discriminate against any employee or appiicant for employmeM because of the employee or applicaM's sex, race, color, marital status, national origin, religious a liation, disability, sexual orientation, gender identity ar expression or age except by minimum age and retirement provisions, unless hased upon a bona fide occupational qualfication. The Contractor will make equal employment opportuniry efforts to ensure that applicants Contract#EHS3366 Page#6 of 9 RES.B Page 119 of 215 and employees are treated,without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age.Additional requirements are et http://www.kingcounty.govlheatthservices/health/partnerships/contracts; cantractors shall read and certify compliance. , XV Conflict of Interest A The Contrador agrees to compty with appliqble provisions of K.C.C: 3.04. Failure to compy with such requirements shall be a material breach of this contract, and may resuR in termination of this Contract pursuant to Section II and subject the Contrador to the remedies stated therein, or othervvise available to the Courriy at lauv or in equity. B The Contractor agrees, pursuant to KCC 3.04.060,that it will not willfiilly attempt to secure preferential treatme t in fts dealings with the County by offering any valuable consideration,thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Contractor.acknowledges that 'rf it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it sFiall not be able to bid on any County contract for a period of two years. C The Contrador acknowledges that for one year after leaving County employment, a former County empioyee may not have a finanpal or beneficial interest in a contract or grant that was planned, authorized, or funded by a CouMy action in which the former County employee participated during County employment. Contrador shall identify at the 6me of offer current or fortner County employees involved in the preparation of proposals or the anticipated perfortnance of 1Nork if awarded the Contract. Failure to ideMify current or former County employees involved in this transaction may result in the County's denying or terminating this ConVad. After Contrad award, the Contractof is responsible for noti(ying the County's Project Manager of currerrt oc fortner County employees who may become involved in the Contract any time during the term of the Contract. XVI Eauinment Purchase. Maintenance. a d Ownershiu A The Contrador agrees that any equipment purchased, in whole orin part, with Contract funds at a cost of$5;000 per item or more, when the purchase of such equipment is reimbursable asa Contract budget item, is upon its purchase or receipt the property of the County and/or federaUsfate govemment The Contractor ghall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be retumed to the County or federai/state govemment upon termina6on of this Contrad unless othervvise agreed upon by the parties. XVII Prourietarv Riahts The parties to this Contract hereby mutually agree that if any patentable orcopyrightable material or artide should result from the work described herein, all rights accruing from such material ar artiGe shall be the sole property of the party that produces such material or artiGe. If any patentable or copyrighfabie material or article should result from the woAc described herein and is joinUy produced by both parties, all rights accruing from such material or artiGe shail be owned in accordance wkh US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexGusive, and royalty-free license to use, according to law, any materiel or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall notapply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified foruse in the performance of tnis comract. The foregoing provisions of this sec4ion shall not apply to exis6ng training materials, nsulting aids, checklists, and other materials and documents of the Contrador that are not modfied for use in the performance of this Contract. XVIII PoliUcal AcNvftv Prohibited Contract#EHS3366 Page#7 of 9 RES.B Page 120 of 215 None of the funds, materials; property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any pndidate for public office. XIX Kina Countv Recvcled Product Procurement Policv In accordance with King County Code 18:20, 4he Contractor shall use recycled paper and both sides of sheet of paper whenever practipbte, when submitting proposals, reports, and invoices, A paper copies are required. XX Future Su000rt The County makes no commitment to support the services contracted for herein and assumes no obligafion for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire ContractlWaiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiverof any default shall not be deemed to be a waiver of any subsequent defauk. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any ofher or subsequentbreach and shall not be construed to be a modification of the terms of the Contract unless stated to be such fhrough wr'itten approVal by the County, which shall be attached tothe original Contrad. XXII Contract Amendments ERher party may request changes to this Contrect. Proposed changes which are mutualy agreed upon shall be incorporated by written amendmerits to this Contract. XXIII Notfces Whenever this Contrad provides far notice to be provided by one,party to another, such notice shall be in writing"and directed to the chief executive otfice of the Contractor and the project representative of the County;depaRmerrt specified on page orie of this Contract.My time within which a party must take some action shall be computed from the date that the notice is received by said paRy. XXN Services Provided in Accordance with Law and Rule and ReaulaUon The Contrador and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal goqemments, as applica6le, which control disposition of funds granted under this Contract, aii of which are incorporated Fierein 6y reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract;the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV ADDIIGebI@ LeW This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Thircl Partv Beneflciaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Confract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVIIContractor Certification Contract#EHS3366 Page#8 of 9 RES.B Page 121 of 215 Bysigning this Contract, the ConVactor certfies that in addition to agreeing to the terms and conditions provideif herein, the ConVaator certifies that it has reatl and understands the contracting requirements on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the contrad terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and CredeMialing, as applipble. IN WITNESS WHEREOF, the parties hereby agree to the terms and condRions of this Contract: KING COUNTY CONTRACTOR FOR King County Ezecutive Signature Date Name(Please type or print) Date Approved as to Form: OFFICE OF THE K NG COUNTYPROSECUTING ATTORNEY ConVact#EHS3366 Page#9 of 9 RES.B Page 122 of 215 EXFIIBTTA SCOPE OF WORK CITY OF AUBURN innoia-i2r3ino a sackerouna The Local Hazardous Waste Management Plan(hereaRer referred to as the"Plan'as updated in 1997 and 2010,was adopted by the partner agedcies(King County Solid Waste Division, Seattle Public Utiliries, King County Water and Land Resources Division and the Seattie-King County Department of Public Health)and cities located in King County. 7'he Washington State Department of Ecology in accordance with RCW 70.105220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referted to as the"Program"). 1'he purpose of this Exhibit is to define the relationship associated with the Program's funding of City activitiesperformed under the auspices of the Plan and as approved by the Program's Management Coordination Committee(hereinaffer referred to as the"MCC"): This Agreement further defines the responsibilities of the City and Seattle-King County Department of Pubfic Health with respect to the transfer of Program monies. Scone of Work The City of Aubum will assist in the protnotion of natural yazd care to one Auburn neighborhood. 7'he Ciry will create and mail a newsleuer, flyer or postcard about household hazardous waste to Auburn residents, and also hirea consultant to prodide outreach, education and presentations at public events. Resoonsibilities of the Parties T6e Ci 1. The Ciry shall develop andsubmit project propo'sals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazazdous waste programs and/or services as approved by the MCC. 2: For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepazed by the City's finance department. The financial statements should include vendor EHS3366-City of Auburn 1 RES.B Page 123 of 215 names, a description of services provided, date paid and a check or warrant number. 3. 1'he City shall notify the Fund Manager no later than December 15'"regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requiremenu with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. T'he Ciry shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The Ciry issolely responsible for any and all spills, leaks or other emergencies arising at the facilitiesassociated with the City's evenu or in any other way associated with activiries conducted within the scope of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all applicable laws and regulations. 6. The Ciry agrees to appropriately acknowledge the Program in all media produced-in part or in whole-with Program funds. 7'he intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The Ciry agrees to provide the Progam with copies of all media material produced for local hazardous waste management everts or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the Ciry as the originator of that material. 8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Streey Auburn, at(253)931-5103, (jenelson@aub imwa.gov) or her designee. 9. Questions or concerns regazding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resoWtion. Seattla-Kine Coanri Deoartment of PubGc Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract,the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10)working days of receiving a request for reimbursement from the Ciry, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request aze made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete(e.g.they do not include proper documentation of expenditures for which reimbursement is being requested)or are not consistent with the submitted scope of work. Proeram Contacts Lynda Ransley Madelaine Yun EHS3366-City of Aubum 2 RES.B Page 124 of 215 LHWMP Program Director HWMP Fund Manager 150 Nickerson Street, Suite 204 150 Nickerson Street, Suite 204 Seattle, WA 98109 Seaftle, WA 98109 206-352-8163 206-352-7128 lvnda.ranslev(c Kin c ounty.gov madelaine.vunna kingcounri.eov Paul Shallow LHWMP Contract Administrazor 401 Fifth Avenue, Suite 1100 Seattle, WA 98104 206-263-8487 paul.shallow(cDk inecounri. EHS3366—Ciry of Aubum 3 RES.B Page 125 of 215 EXHIBIT B 2014 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Auburn 25 W Main Street, Aubuin,WA 98001-4998 Com ^nent Deseri don Bud et Household Hazardous Waste Education 21,578.99 Household Hazardous Waste Collection TOTAL 21,578.99 EHS3366—Ciry of Aubum RES.B Page 126 of 215 EXHiBTI'C 2014 INYOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: Ciry of Aubum 25 W Main Street, Aubum,WA 98001-4998 Ta Madelaine Yun,Fund Manager Local fIazardous Waste Management Program in King County Seattle-KingCounry Department of Public Health 150 Nickerson St,Suite 204 Seattle,WA 98109 Contract#EHS3366 Period of time: 2014 to 2014. In performance of a signed Contract between King Coumy and the City of Auburn, I hereby certify that the following expenses were incurred during the above-mendoned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance. Descri don Housetiold Hazardous $21,578.99 Waste Eduearion Household Hazardous Waste Collection TOTAL 21,578.99 For Health De aztrnent Use Onl FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order# Invoice Date Invoice#Amoimt to be 'd Oracle R bisition# Oracle Recei # Oracle CPA# Local Hazardous Waste Management Program Approval: Madelaine Yun IHW-NR-0100 Date EHS3366—Ciry of Aubum RES.B Page 127 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5031 Date: January 27, 2014 Department: Planning and Development Attachments: Resolution No. 5031 CDPMP CDPMP - Appendex A Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 5031. Background Summary: Resolution No. 5031 proposes to adopt the Comprehensive Downtown Parking Management Plan (CDPMP), which will guide parking policy development and implementation within downtown Auburn within the following framework: *To manage existing parking assets, assess current parking demand, forecast future parking needs, and develop a first-rate downtown parking system as an additional amenity that keeps up with existing businesses, projects underway, and future development; and *To balance business, residential, visitor, and commuter parking needs in light of redevelopment and increased transit service. Work on the CDPMP commenced in August 2011, following adoption of the Draft Work Plan by the Planning and Community Development Committee in July 2011. The draft Downtown Urban Center (DUC) On-Street and Off-Street Parking Supply and Demand Analysis (Task 1) was presented to the Planning and Community Development Committee in October 2011 and revised December 2011. Staff subsequently revised the analysis in December 2011, inclusive of feedback received from the Planning and Community Development Committee and updated data for several City-owned off-street parking lots in downtown Auburn. The draft Downtown Parking Survey Report (Task 2) was presented to the Planning and Community Development Committee in July 2012. The report summarizes responses AUBURN * MORE THAN YOU IMAGINEDRES.C Page 128 of 215 from Auburn Citizens at-large, downtown Auburn business and property owners, and a diverse cross-section of stakeholders to the Downtown Parking Survey conducted in May 2012, which gauged perception of existing parking and the preferred methods of moving forward in meeting future parking needs in downtown Auburn. The draft CDPMP table of contents was presented to the Planning and Community Development Committee in October 2012; the draft CDPMP (Tasks 3 and 4), which incorporated and refined the findings of the existing DUC On-Street and Off-Street Parking Supply and Demand Analysis and Downtown Parking Survey, was presented to the Planning and Community Development Committee in August 2013.The Planning and Community Development Committee did not express any feedback that necessitated revision of the draft CDPMP presented. The Auburn Transit Center parking portion of the CDPMP was further discussed with the Planning and Community Development Committee in November 2013 and refined per the feedback received. Adoption of the CDPMP (Task 5) culminates the Draft Work Plan. The CDPMP was recommended for approval by the Planning and Community Development Committee on January 13, 2014, as the lead action committee. The second committee review was on the January 21, 2014 meeting of the Public Works Committee, which concurred with the recommendation of the Planning and Community Development Committee. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal, Planning, and Public Works Councilmember:Holman Staff:Snyder Meeting Date:February 3, 2014 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 129 of 215 RESOLUTION NO. 5031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING TIiE COMPREHENSIVE DOWNTOWN PARKING MANAGEMENT PLAN (CDPMP) FOR PARKING POLICY DEVELOPMENT AND IMPLEMENTATION IN DOWNTOWN AUBURN WHEREAS, the City of Aubum on May 21, 2001 adopted the Auburn Downtown Plan as a subarea plan of the City of Aubum's Comprehensive Plan; and WHEREAS, the Auburn Downtown Plan enumerates a vision of continuous revitalization of downtown Auburn as the physical and cultural heart of the Aubum community and development of a mixed-use district; and WHEREAS, parking is an essential component in facilitating the Aubum Downtown Plan's vision; and WHEREAS, the City of Auburn identified an increasing need to balance competing parking user demands, anticipated redevelopment of the Aubum Junction blocks and other redevelopment activity in downtown Auburn, and anticipated expansion of Sounder commuter train services; and WHEREAS, the previous comprehensive parking plan entitled the Downtown Parking Plan was adopted by the City of Aubum in 1996 by Resolution 2826; and WHEREAS, the Planning and Community Development Committee of City Gouncil adopted the Draft Work Plan for the Comprehensive Downtown Parking Management Plan ('CDPMP') on July 11, 2011 to develop and adopt a new comp[ehensive parking plan to supersede the 1996 Downtown Parking Plan; and ResoluGon No. 5031 January 29, 2014 Page 1 of 4 RES.C Page 130 of 215 WHEREAS, City of Aubum staff commenced work on the CDPMP in August 2011; and WHEREAS, the draft Downtown Urban Center (DUC) On-Street and Off-Street Parking Supply and Demand Analysis was presented to and discussed by the Planning and Community Developmerrt Committee of City Council on October 24, 2011; and WHEREAS, the draft Downtown Urban Center (DUC) On-Street and Off-Street Parking Supply and Demand Analysis was revised in December 2011; and WHEREAS, public participation in the development of the CDPMP was solicited from Aubum citizens at-large, downtown Aubum business and property owners; and a diverse cross-section of stakeholders through the Downtown Parking Survey conducted in May 2012; and WHEREAS, the Downtown Parking Survey Report was preserrted to and discussed by the Planning and Community Development Committee of City Council on July 9, 2012; and WHEREAS, the scope of the CDPMP was preserrted to and discussed by the Planning and Community Development Committee of Ciry Council on October 8, 2012; ancl WHEREAS, the draft CDPMP was presented to and discussed by the Planning and Community Development Committee of City Council on August 26, 2013 and further discussed by Planning and Community Development Committee of City Council on November 25, 2013; and Resolution No. 5031 January 29, 2014 Page 2 of 4 RES.C Page 131 of 215 WHEREAS, the Planning and Community DeyelopmeM Committee of City Council recommended approval of the draft CDPMP to the full Aubum City Council on January 13, 2014; and WHEREAS, the Public Works Committee of City Councii concurred with the recommendation of Planning and Community Development Committee on January 21, 2014; and WHEREAS, upon the recommendation of staff, City Council determines that adoption of the CDPMP will facilitate the Aubum Downtown Plan's vision and is therefore in the best interest of the City; NOW, THEREFORE, THE CITY GOUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN, AS FOLLOWS: Section 7. Adoation. The Comprehensive Downtown Parking Management Plan ('CDPMP'), comprised of the following documents: (1) "Comprehe sive Downtown Parking Management Plan (CDPMP)" dated January 29, 2014 and (2) "Comprehensive Downtown Parking Management Plan (CDPMP) —Appendix A" dated January 29, 2014, ap, of which are marked as "Exhibit A" with the original resolution and on file with the Au6um City Clerk, is hereby adopted and approved by reference as if fully set forth herein as a guidance document for parking policy development and implementation in downtown Auburn. It is herewith directed that all of the documents Iisted which comprise the CDPMP be available at the City Clerk's Office for public inspection. Section 2. The Downtown Parking Plan, adopted by the City of Aubum by Resolution 2826 is hereby supplanted by the CDPMP. In the event of any conflict, the CDPMP shall control. Resolu4ion No. 5031 January 29, 2014 Page 3 of 4 RES.C Page 132 of 215 Section 3. Imolementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective date. This resolution shall be in full force and effect upon passage and signatures hereon. DATED AND SIGNED this_day of February, 2014. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED A TO FORM: D ie . eid, ty Attomey ResoluUOn No. 5031 January 29, 2014 Page 4 of 4 RES.C Page 133 of 215 Comprehensive Downtown Parking Management Plan (CDPMP) January 2014 RES.C Page 134 of 215 RES.C Page 135 of 215 Mayor Nancy Backus City Councilmembers Rich Wagner, Deputy Mayor Claude DaCorsi John Holman Wayne Osborne Bill Peloza Yolanda Trout Largo Wales Prepared by: Planning and Community Development Department Jeff Tate, Interim Planning Director Elizabeth Chamberlain, Planning Services Manager Gary Yao, Planner RES.C Page 136 of 215 RES.C Page 137 of 215 Executive Summary 1. Introduction 1.1 - Purpose and Approach1.2 - Plan Components1.3 - Plan Area and Applicability1.4 - 7 Simple Rules of Planning for Parking 2. The Parking System 2.1 - Existing Parking Infrastructure, Resources, and Usage2.2 - Future Parking Infrastructure, Resources, and Usage2.3 - Parking Organization, Management, Planning, and Investment2.4 - Parking Operations, Maintenance, and Marketing and Communications 3. Parking Case Studies 3.1 - Parking Organization, Management, Planning, and Investment3.2 - Parking Operations, Maintenance, and Marketing and Communications 4. The Parking Best Practices Toolbox 4.1 - How to Use the Toolbox Figure 4.1.1 - The Toolbox 5. The Parking Action Plan 5.1 - Near-Term Recommendations5.2 - Short-Term Recommendations (1-5 Years)5.3 - Long-Term Recommendations (6-10 Years) Appendix A 1 3 3457 8 8143235 38 3843 51 51 52 54 545661 RES.C Page 138 of 215 RES.C Page 139 of 215 Executive Summary The Comprehensive Downtown Parking Management Plan (CDPMP), which primarily addresses parking policy within the Downtown Urban Center (DUC) zoning district, begins with an overview of the plan’s purpose and approach: • To manage existing parking assets, assess current parking demand, forecast future parking needs, and develop a first-rate downtown parking system as an additional amenity that keeps up with existing businesses, projects underway, and future development; and • To balance business, residential, visitor, and commuter parking needs in light of redevelopment and increased transit service. The CDPMP is also guided by the 7 Simple Rules of Planning for parking: • Pinpoint the Parking• Strike a Balance• Crown the Customer King• Provide “Free” Parking• Reduce the “Last Mile”• Clarify the Code• Change It Up The plan then moves into an overview of the City’s parking system, including existing and future parking infrastructure and resources available and existing and future usage: • Of the approximately 4,879 parking spaces available inventoried as of December 2011, parking areas that experience particularly vexing problems of high occupancy are limited to Wayland Arms (King County Housing Authority) block and Multicare Auburn Medical Center blocks for on-street parking and (on weekdays) the Auburn Transit Center garage and surface parking lot blocks for off-street parking. • In the short term (5 years) there is an anticipated increase in parking demand of approximately 1,483 spaces and increase in parking supply of approximately 806 spaces. At peak hour, considering existing public on- and off-street parking spaces available in the entire DUC, a 243-space deficit is anticipated. • In the long term (10 years) there is an anticipated cumulative increase in parking demand of approximately 1,873 spaces and cumulative increase in parking supply of approximately 806 spaces. At peak hour, considering existing public on- and off-street parking spaces available in the entire DUC, a 633-space deficit is anticipated. Other components of the City’s parking system are the existing organizational and management structure, planning efforts, investment strategies, operations, and maintenance. Opportunities for improvement highlighted include: • Increase in coordination between City departments and divisions with regards to the parking system’s various components (on-street, off-street, citations, marketing, etc.);• Increase in regularity of planning for parking;• Increase in planning for parking impacts on special event days;• Continued coordination with police and potentially increase parking enforcement; and• Refinement of marketing and communications for the parking system. 1RES.C Page 140 of 215 Case studies follow the review of these parking system components. Parking best practices, including those from the aforementioned case studies, are then summarized and collected into the Best Practices Toolbox (table), based on feedback from the parking surveys received from Downtown businesses and citizens and staff’s research and experience related to parking. Not all best practices are applicable to Downtown Auburn at this time. As such, the recommended actions for each best practice are identified as follows: continuation, modification, implementation, or no action. See Chapter 4 of the CDPMP for the entirety of the best practices toolbox. The CDPMP closes with a detailed action plan of existing best practices that the City can draw from for modification or implementation. The action plan includes proposed near-term recommendations (up to 1 year), short-term recommendations (1-5 years), and long-term recommendations (6-10 years), as follows: Near-Term (up to 1 year) • Revise timed parking limits to 3 hours throughout the DUC• Clarify existing code and implement a parking inventory database• Update the City’s website to make more useful for parking seekers• Design and install updated signs for on-street parking identifying availability and rules Short-Term (1-5 Years) • Expand and modify the residential parking zone beyond D ST NW per demand• Plan for spillover areas on the fringe of downtown• Designate one department or division that is the single point of contact for all parking-related matters, despite whatever organizational structure exists behind-the-scenes• Regularly readjust current parking practices at least every 5th year• Regularly reevaluate peak parking supply and demand every year• Evaluate funding options and implement a multi-faceted plan to finance additional public parking for anticipated parking deficits• Establish a parking ambassador program• Require organizers to better plan for special events• Develop and implement a 3-strikes parking enforcement policy• Design and install easy-to-read off-street parking signs• Create alerts for parking availability-impacting maintenance and construction activity• Design and install trailblazer signs to direct drivers to available off-street public parking Long-Term (6-10 Years) • Increase transit access, citywide/regionally• Revise timed parking limits, as needed• Continue to plan for spillover areas on the fringe of downtown• Increase transit access, around downtown 2 RES.C Page 141 of 215 1. Introduction 1.1 – Purpose and Approach The Comprehensive Downtown Parking Management Plan (CDPMP) serves the same vision enumerated for downtown in the City’s Auburn Downtown Plan and Comprehensive Plan: to support the continuous revitalization of downtown Auburn as the physical and cultural heart of the Auburn community and development of a mixed-use district. To facilitate that vision, the CDPMP is a concerted effort to manage existing parking assets, assess current parking demand, forecast future parking needs, and develop a first-rate downtown parking system as an additional amenity that keeps up with existing businesses, projects underway, and future development. Initiative for developing the CDPMP emerged in a downtown Auburn at the crossroads of: • Balancing business, residential, visitor, and commuter parking needs in downtown; • Evolving parking demands in downtown, including a new sushi restaurant and gym on E Main ST and additional anticipated redevelopment in the Auburn Junction blocks south of City Hall, the fruits of various downtown public art programs and multi-million dollar investments in streetscape and infrastructure improvements; and • Expansion of Sounder commuter train services. The first step towards the CDPMP were taken with the approval of the Draft Work Plan by the Planning and Community Development Committee in July 2011. It has since progressed as follows: • October 2011 – Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was completed. The analysis inventoried all of the parking spaces available within downtown, whether public or privately owned, and their occupancies throughout the day. • December 2011 – Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was revised to reflect changes to the user-type for City-owned and/or –operated surface parking lots. • July 2012 – Citizens Survey/Business and Property Owners Survey/Stakeholder Interviews gauged people’s perceptions of parking in downtown, the anecdotal statistics of the parking experience. • August 2013 – Comprehensive Downtown Parking Management Plan (CDPMP) draft is completed. The CDPMP combines the previously gathered numerical and anecdotal statistics of parking in downtown with professional staff insight and experiences of other jurisdictions. • January 2014 – CDPMP is presented to the Planning and Community Development Committee for finalization and adoption of an administrative framework for staff to implement a first-rate parking system in downtown. • Future date – Public open houses will be conducted for further refinement of the CDPMP in future iterations. 3RES.C Page 142 of 215 1.2 – Plan Components The CDPMP is organized into four components: the Parking System (Chapter 2), Parking Case Studies (Chapter 3), Parking Best Practices Toolbox (Chapter 4), and Parking Action Plan (Chapter 4). Chapter 2 examines the existing parking system, with a focus on City-owned and City-run parking in terms of physical parking resources, administration and planning, operations, and marketing. The chapter is divided into the following sections: Existing and Future Infrastructure, Resources, and Usage • How many and where are parking spaces located?• Where are the most vexing parking issues?• What are occupancy trends in downtown overall?• How will parking demand change over time?• How many parking spaces are expected to be added? Organization, Management, Planning, and Investment • Who in the City is responsible for what?• How has the City planned for parking in the past?• How does the City plan for parking in the future?• How and when does the City invest in additional parking spaces? Maintenance and Operations • How does the City’s parking operate on a daily basis?• How are parking regulations enforced?• How are permit fees and violation fines paid?• How are the City’s parking resources maintained? Marketing and Communications • How does the City get word out about parking options for businesses, residents, visitors, and commuters?• How does the City show where parking is located? Chapter 3 presents case studies of how the above-referenced parking system components are operated in other jurisdictions and institutions. Some policies and practices presented are intended to be best practices (whose applicability to the City is analyzed in Chapter 4) while others serve as cautions. Chapter 4, following review of the City’s existing parking system and case studies, presents the various best practices employed in the provision of parking, parking demand management, and operations of a parking system. Not all policies and practices listed in the toolbox are intended to be applicable for the City in this iteration of the CDPMP; instead, it is a collection of tools that should be considered whenever the City is looking to fine-tune its parking system. Chapter 5, the final part of the CDPMP, assembles a recommended action plan of near-term (up to 1 year implementation), short-term (1-5 year implementation), and long-term (6-10 year implementation) changes to the City’s parking system. 4 RES.C Page 143 of 215 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) SR-18 1.3 – Plan Area and Applicability The CDPMP, in terms of geographic implementation, primarily addresses parking policy within the Downtown Urban Center (DUC) zoning district, which includes the Auburn Junction blocks where development activity of significant scale is expected (Figure 1.3.1). 5 Figure 1.3.1 - Map of Downtown Urban Center (DUC) and Auburn Junction The physical effects of parking policies applicable to the DUC, however, may not be necessarily quarantined within the politically defined boundaries of the DUC. In response to that potential, staff have identified RES.C Page 144 of 215 Potential Parking Spillover Areas (PPSAs) (Appendix A) where impacts of DUC parking policies may warrant extension of DUC parking policies into those areas (or at the very least, consideration of toolbox best practices in Chapter 4) to diffuse the impacts. PPSAs were identified based on the following criteria: • Areas within ¼-mile from the DUC and Downtown Business Improvement Area (BIA), whose boundaries include areas not otherwise included within the DUC; and • Where availability of on-street public parking is potentially impacted by spillover parking demand generated from the DUC and BIA and/or large businesses, institutions, public gathering places, and other high parking demand uses within the PPSAs themselves. Operationally speaking, the CDPMP’s recommended action plan in Chapter 5 primarily focuses on City- owned and City-run parking resources. Many best practices identified in the toolbox in Chapter 4, especially those applicable to parking in private development, have already been adopted as part of the development regulations applicable to the DUC contained in Auburn City Code (ACC) Chapter 18.29 or in the Downtown Urban Center Design Standards. 6 RES.C Page 145 of 215 1.4 – 7 Simple Rules of Planning for Parking The 7 Simple Rules of Planning for Parking serve as guiding principles for development of Auburn-specific parking policy in this iteration of the CDPMP. They derive from the parking supply and demand realities observed in downtown Auburn, the feedback about downtown parking received1, and staff analysis of parking approaches taken in other jurisdictions. 1. PINPOINT THE PARKING Direct people effectively and efficiently to available parking. There is not a parking supply problem everywhere, all the time. 2. STRIKE A BALANCE Address the needs of overlapping and/or competing parking interests. In downtown Auburn, these needs are broadly identified as those of residents, businesses, visitors, and commuters. 3. CROWN THE CUSTOMER KING Prioritize visitor parking. Make visitor parking as easy as possible in prime locations. 4. PROVIDE “FREE” PARKING Avoid paid parking, whenever possible. While parking is never truly without costs, visitors, residents, businesses, and commuters should shoulder part of those costs only as a last resort. 5. REDUCE THE “LAST MILE” Shorten the distance, perception-wise, between parking space and destination. The vibrantly urban, compact, and walkable mixed-use character that downtown Auburn continues to grow into is inherently incompatible with the provision of plentiful home-, office-, store-, and restaurant- front parking. 6. CLARIFY THE CODE Write code that streamlines the process of parking system organization, management, planning, maintenance, and operations. 7. CHANGE IT UP Reassess each component of the CDPMP to meet current needs, as parking system conditions change and new parking best practices emerge. The CDPMP is not intended to be static; it merely establishes the framework for fine-tuning the parking system at any given time. 7 1 Besides specific problematic parking areas, responses from the Downtown Parking Survey conducted in July 2012 also identified the following parking concerns: the distance between parking space and destination, non-residents parking on residential streets, confusing and/or lack of parking signage, and the poor design of parking spaces. RES.C Page 146 of 215 2. The Parking System 2.1 – Existing Parking Infrastructure, Resources, and Usage EXISTING INFRASTRUCTURE AND RESOURCES According to the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which cross- referenced code-specified parking and available Public Works data with physical observations for on- street parking and cross-referenced the City’s and Google Maps’ aerial imagery and previous studies and reports with physical counts for off-street stalls, there were a total of 4,8792 parking spaces in the DUC as of December 2011. The different types of parking available, along with the general locations of each type (Figures 2.1.1 and 2.1.2), are as follows: • On-street public parking (unlimited time, time-limited, permit only, and loading zones) Locations: almost all blocks in the DUC • Off-street public parking (time-limited) Locations: within one to two blocks from E/W Main ST,between the Auburn Justice Center and the Burlington Northern-Santa Fe (BNSF) railroad tracks • Off-street permit parking3 (unlimited time) Locations: within one to two blocks from E/W Main ST,between the Auburn Justice Center and the BNSF railroad tracks • Off-street private parking Locations: almost all blocks in the DUC All on-street and off-street public and permit parking spaces in the DUC are located within an approximately 1/4-mile walking distance4 from Auburn Transit Center, Auburn Junction, and Multicare Auburn Medical Center blocks, where demand is currently and anticipated to be the highest (see ‘EXISTING USAGE’ under Chapter 2.1 and ‘FUTURE USAGE’ under Chapter 2.2). This includes parking spaces located across C ST NW/SW and the BNSF railroad tracks to the west for Auburn Transit Center and Auburn Junction blocks and parking spaces located across Auburn Ave N/A ST SE and Auburn Way N/S to the east for Auburn Junction and Multicare Auburn Medical Center blocks (Figure 2.1.3). That being said, there is opportunity for improvement in east-west connections to parking spaces. 8 2 Excluding on- and off-street public and private parking spaces inaccessible due to S Division ST Promenade construction, other off-street private parking spaces in lots inaccessible for data collection, and single-family off-street private garage and driveway parking; this underestimates the number of parking spaces as of January 2014. See ‘Chapter 3 – Methodology’ in the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis for how parking supply in the DUC was specifically measured. 3 Including City employee and non-police fleet parking. 4 The widely adopted walking distance that a transit user will tolerate between point of origin and transit station. RES.C Page 147 of 215 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) On-Street PermitParking On-Street PublicParking SR-18 9 Figure 2.1.1 - Location of On-Street Parking Approximately 1/5 of parking spaces in the DUC are City-owned and/or City-run; the remainder are provided by the private sector. Neither the City nor the private sector currently provide hourly or daily paid parking. Paid parking in the City is limited to monthly permit parking provided by the City and parking provided as part of commercial and residential unit sales and leases in the private sector. EXISTING USAGE According to the occupancies observed in the Downtown Urban Center On- and Off-Street Parking Supply and Demand RES.C Page 148 of 215 WestAuburnSr HS AuburnTransitCtr CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Private Off-Street Parking Permit Off-Street Parking Public Off-StreetParking No Off-StreetParking SR-18 AuburnJunction 10 Analysis, the DUC as a whole skews toward higher parking occupancy during the first half of the day and specifically experiences peak parking occupancy during lunchtime (11am-2pm)5 on weekdays. While not an exact daily occupancy for all days in the DUC, it was observed for the Analysis that during this time 2,666 Figure 2.1.2 - Location of Off-Street Parking 5 Morning (9-11am), lunchtime (11am-2pm), afternoon (2-5pm), and evening (5-7pm) time segments per the Downtown Urban Center On-and Off-Street Parking Supply and Demand Analysis. RES.C Page 149 of 215 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) .25mi Radius ofMulticare AuburnMedical Ctr Blocks .25mi Radius ofAuburn TransitCtr Blocks .25mi Radius ofAuburn Junction SR-18 11 parking spaces are occupied (56%) and 2,213 parking spaces are available (44%). On the weekend, the DUC experiences peak parking occupancy during daytime Saturday6, with 1,721 (35%) parking spaces occupied and 3,158 (65%) spaces available. 6 Due to limited resources, data collected on weekends for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis was limited to daytime and nighttime only, rather than specific time segments. For the same reason, off-street parking occupancies are extrapolated, as off-street parking observed does not include all off-street parking spaces in the DUC. Figure 2.1.3 - Parking Within Walking Distance (1/4 Mile) RES.C Page 150 of 215 Block-by-block, peak parking occupancy also occurs during lunchtime on weekdays, with the average block 43% occupied. Few blocks, even when considering on- and off-street parking separately, ever exceed 85% occupied, the widely adopted threshold for optimal parking occupancy espoused by Donald Shoup, parking professor, researcher, economist, and author of The High Cost of Free Parking. For those blocks that do, very few exceed 85% occupancy for more than one time segment per day. There are 2 types of blocks with on- or off-street parking that exceed 85% occupancy throughout the day (Figure 2.1.4). The less problematic are blocks with available parking spaces nearby when exceeding 85% occupancy (blocks of moderate concern). For example, >85% occupancy in on-street parking on one block is potentially negated with <85% occupancy in off-street parking on the same block and/or <85% occupancy in on- or off-street parking within a 2-block radius. Blocks that fall into this category include the Auburn Avenue Theater, Truitt Building, and Agrishop blocks for on-street parking and the Truitt Building and (on the weekend) Multicare Auburn Medical Center blocks for off-street parking. The more vexing blocks are those without available parking spaces nearby when exceeding 85% occupancy (blocks of heavy concern). These include the Wayland Arms (King County Housing Authority) block and Multicare Auburn Medical Center blocks for on-street parking and (on weekdays) the Auburn Transit Center garage and surface parking lot blocks. 12 RES.C Page 151 of 215 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Blocks of ModerateConcern Blocks of HeavyConcern SR-18 13 Figure 2.1.4 - Blocks of Parking Concern (Existing) RES.C Page 152 of 215 14 2.2 – Future Parking Infrastructure, Resources, and Usage FUTURE INFRASTRUCTURE AND RESOURCES Prior to the Comprehensive Downtown Parking Management Plan (CDPMP), there has been no recent consideration by the City to expand on- and off-street parking resources in the DUC. Per the Comprehensive Transportation Plan, only one future roadway capacity improvement project identified (F ST SE between 4th ST SE and Auburn Way S) includes the addition of on-street parking and is located outside of the DUC. Additionally, neither land acquisitions for off-street parking nor improvement of existing municipal properties for off-street parking have been identified in the 2013-2018 Capital Facilities Plan. The Auburn Transit Center garage and surface parking lots (Figure 2.2.1), which are already at capacity, are not operated by the City, but by Sound Transit. While Sound Transit committed to a second Auburn Transit Center parking garage as part of the Sound Transit 2 package of improvements approved by voters in 2008, and the Comprehensive Transportation Plan recommends that Sound Transit immediately work with the City to create the additional parking, the facility has been put on hold as funding has not been identified. Funding of $1.3 million to $1.5 million, however, does exist from Metro for an Auburn Transit Center- adjacent parking facility that serves commuters during weekdays and other users at all other times, though no specific site has been selected and acquired. The funding originates from the sale agreement for the existing Metro park and ride near 15th ST NE and A ST NE, but no construction date has been forecasted. While the City is open to discussing interim Sound Transit and Metro parking solutions, the planned permanent Sound Transit- and Metro-funded parking spaces are therefore not included as available future supply7. Instead, any physical expansion of overall parking supply in the foreseeable future is anticipated to be code-required off-street parking constructed for private development in the DUC only. As of the report’s writing, only plans for one project has emerged that will noticeably increase parking supply in the DUC. The project occupies half of the northeastern block of Auburn Junction, where Figure 2.2.1 - The Auburn Transit Center garage (above) and surface parking lots (bottom) are already at capacity. 7 Though not anticipated, Scenario 1b in the ‘FUTURE USAGE’ subsection includes as available future supply the number of Sound Transit- and Metro-funded parking spaces matching the anticipated increase in transit demand, solely as basis for analysis of existing public parking resources’ ability to accommodate non-transit demand. RES.C Page 153 of 215 development activity of significant scale is expected to occur8 in downtown Auburn. Per the plans received by the Planning and Development Department, the project will be a 5-story, 126- unit, commercial/residential mixed use building (Figure 2.2.2) providing a net increase of 1109 parking spaces to the parking supply identified in the Downtown Urban Center On-and Off-Street Parking Supply and Demand Analysis. Three (3) additional blocks of mixed use buildings totaling about 693 units are expected to be constructed in Auburn Junction10 and about 693 parking spaces will be added to the DUC’s parking supply11. Other potential private development and redevelopment activity in the DUC is unlikely to result in increases to the DUC’s overall parking supply. The Market Analysis prepared for the City by Gardner Economics in 2011 noted that structured and underground parking is the biggest barrier to development in the Auburn Junction blocks. In addition, the Auburn Junction Design Guidelines allow for exemption from providing on-site parking for non-residential uses if “adequate parking in public rights-of-way and offsite public facilities” can be demonstrated. For the rest of the DUC, ACC Section 18.29.060(H) also specifies that changes of use in existing buildings, expansions of not more than 25% in floor area, and new retail and restaurant developments of less than 3,000SF are exempt from providing any additional parking spaces at all. While any development or redevelopment activity in the DUC outside of those exemptions are required to contribute to contribute a fee in lieu of providing required parking spaces, the date of construction for a City parking structure, if any, is indeterminate. As such, about 803 parking spaces are anticipated to be added to the DUC overall in the foreseeable future. FUTURE USAGE Parking demand forecasting performed for the DUC derives from known projects in the pipeline, the Market Analysis, Sound Transit’s June 2013 CEO Report, and Sound Transit’s 2012 Station Access Analysis. The three (3) documents identify the primary demand- impacting trends and activities, as follows: 15 Figure 2.2.2 - Rendering of the proposed 5-story, 126-unit, commercial/residential mixed use building in the northeastern block of Auburn Junction. 8 Plans have been received for the northeastern block. The mostly City-owned southeastern and southwestern blocks sold October 2013. See ‘FUTURE USAGE’ subsection for detailed demand modeling. 9 The project will provide 54 parking spaces and repurpose the existing Cavanaugh parking structure, whose 56-space second floor was not included in the parking supply in the Downtown Urban Center On-and Off-Street Parking Supply and Demand Analysis, to provide the remainder of its code-required parking. 10 See ‘FUTURE USAGE’ subsection for detailed demand modeling. 11 Per the Auburn Junction Design Standards, all residential uses in Auburn Junction are required to provide parking spaces on-site per the one (1) parking space per dwelling unit ratio specified in ACC Section 18.29.060(H). RES.C Page 154 of 215 Market Analysis (Gardner Economics) • Demand for retail space in Auburn Junction will arrive after residential development has commenced. • Smaller scale apartment projects are viable with phased development of commercial space. CEO Report (Sound Transit) • Three (3) Seattle-bound and one (1) Tacoma/Lakewood-bound Sounder commuter rail roundtrips will be added in the next 4 years (2013-2017), if plans do not otherwise change. Station Access Analysis (Sound Transit) • Auburn Transit Center arrivals by car (park and ride) will decrease over time with shift to arrivals by public transportation, bicycling, and walking. Since anticipated development and redevelopment for the DUC is unclear relative to anticipated development in Auburn Junction and the Sound Transit’s projections only extends to 2017, demand forecasting in the current CDPMP will be limited in scope to the subsequent 10 years. Specifically, parking demand in the DUC can be forecasted with reasonable accuracy in the short term (2014-2018, 1-5 years) and vaguer accuracy in the long term (2019-2023, 6-10 years). SHORT TERM (1-5 YEARS) Residential Parking Demand: The project at the northeastern Auburn Junction block will add 126 studio, 1-bedroom, and 2-bedroom apartment units per application materials received by the Planning and Development Department. As previously identified, the remaining Auburn Junction blocks are likely to collectively add 693 apartment units12. Over the next 5 years, construction of 819 apartment units can be assumed with reasonable confidence. Per the parking ratios specified in ACC Section 18.29.060(H), the total new short-term residential parking demand is 819 spaces. Commercial Parking Demand: The project at the northeastern Auburn Junction block will add 5,195SF of commercial space per application materials received by the Planning and Development Department. While no project has come forward for the other blocks, ground floor spaces in Auburn Junction that front E/W Main Street and S Division Street are required to be retail, restaurant, or personal service 16 12 The 126-unit building proposed in half of the northeastern Auburn Junction block is reasonably consistent with the Market Analysis. It is consequently realistic to assume that the other Auburn Junction blocks will be developed with no more than 126 units each per half block. Excluding the parcels that contain the Sunbreak Café, a successful restaurant entity that is unlikely to be developed, there are 2.75 blocks available for residential development. RES.C Page 155 of 215 uses per the Auburn Junction Design Guidelines. Given the ratio of commercial space to parcel size in the proposed project in the northeastern block of Auburn Junction, it is assumed that the same ratio for ground floors in the remaining blocks will be developed as commercial space. Under that scenario, approximately 29,075SF of commercial space in total will become available as a result of short-term development activity, of which 22,389SF will be occupied in the short-term. This is based on the total SF of the remaining Auburn Junction parcels plus vacated alleyways, less the following: • The Plaza Park and Sunbreak Café parcels at the northwest Auburn Junction block; the former, a permanent public amenity and the latter, a successful restaurant entity; and • 6,686SF in the northwest Auburn Junction block, whose commercial spaces will likely be occupied in the long-term, assuming that this block will be the last to develop (since it has not sold and is not owned by the City, unlike most of the properties in the southeast and southwest blocks) The Market Analysis identified this commercial demand as retail or restaurant in nature. More specifically, it predicted positive localized effects of a residential base at Auburn Junction on demand for food (restaurants/groceries), apparel, healthcare, entertainment (public venues/retail), personal care (services/ retail), and books and magazines. As demand for groceries is already served by the existing Safeway just east of Auburn Junction, across A ST SE, it is unlikely that an additional grocery store will locate in Auburn Junction. Since groundfloor spaces in Auburn Junction are required to be retail, restaurant, or personal service uses, it is also unlikely that medical offices will locate in Auburn Junction. Should the occupancy of the commercial space at Auburn Junction be a scenario where it is divided evenly between the localized short-term commercial demand generated by the projected residential base, the following SF of occupancy and associated parking demand per ACC Section 18.29.060(H) is expected: • Food (restaurants) – 4,478SF at 0.5/4 seats13 = 26 parking spaces• Apparel – 4,478SF at 2/1,000SF = 9 parking spaces• Entertainment (public venues) – 2,239SF at 5/1,000SF14 = 11 parking spaces• Entertainment (retail) – 2,239SF at 2/1,000SF = 4parking spaces• Personal care (services) – 2,239SF at 2/1,000SF15 = 4 parking spaces• Personal care (retail) – 2,239SF at 2/1,000SF = 4 parking spaces• Books and magazines – 4,478SF at 2/1,000SF = 9 parking spaces There is also about 12,254SF of commercial vacancy in the DUC overall, of which 3,200SF is expected to be occupied in the short-term by a business that provides spa-like services. Since personal care (services) require 2/1,000SF, the parking demand for this business is 6 parking spaces. The total new short-term commercial parking demand is therefore 73 spaces. 17 13 Each seat is 15SF of floor area (excluding kitchens) on average per Design and Equipment for Restaurants and Food Service: A Management View, “A Business Link” (Government of Alberta website), and Chuck Gohn Restaurant Associates NW; 30% of floor area is for kitchens per “The Average Cost of Opening a Restaurant”, based on an Ohio State University Survey. 14 Per ACC Section 18.29.060(H) footnote (1), a parking study may be required to parking demand for uses not listed; in lieu of doing so for the CDPMP, parking demand for entertainment venues in Auburn Junction were calculated at 5/1,000SF, the ratio for commercial recreation (indoor) uses per ACC Section 18.52.020. RES.C Page 156 of 215 18 Auburn Transit Center Demand Per the June 2013 CEO Report, Sound Transit intends to add one (1) Seattle-bound Sounder commuter rail roundtrip in 2013, 2016, and 2017, and one (1) Tacoma/Lakewood-bound roundtrip in 2016, for a total of 3 additional morning trips to Seattle and 1 additional morning trip to Tacoma in the short-term (thru 2018). Per the 2013 Service Implementation Plan (SIP), there were 963 daily boardings across seven (7) Seattle-bound trains and 21 daily boardings across two (2) Tacoma-bound trains at Auburn Transit Center. Assuming proportional growth between service and ridership, Sounder commuter rail service expansion in the short-term could potentially bring 425 new riders to Auburn Transit Center. Based on previous and October 2013 Public Works staff observations, 80% of arrivals at Auburn Transit Center are by car (park and ride)16. No statistically significant decrease in percentage of car (park and ride) arrivals is expected in the short term (thru 2018)17. Therefore, the new total short-term parking demand for 425 riders is 340 spaces. Displaced Parking Demand Existing off-street private, permit, and public parking lots in the Auburn Junction blocks will become permanently displaced as part of development in the short term. During lunchtime on weekdays, when the DUC experiences peak parking occupancy, the existing off-street parking lots in the Auburn Junction parcels to be developed are occupied by 251 cars; during the day on Saturday, when the DUC experiences peak parking occupancy on the weekend, the same are occupied by 39 cars18. The displaced total short-term parking demand is 251 spaces on weekdays and 39 spaces on weekends. 15 Per ACC Section 18.29.060(H) footnote (1), a parking study may be required to parking demand for uses not listed; in lieu of doing so for the CDPMP, parking demand for personal care services in Auburn Junction were calculated at 2/1,000SF, the ratio for retail uses in the DUC per ACC Section 18.29.060(H); retail uses below 15,000SF generate the same parking demand as personal service shops per ACC Section 18.52.020. 16 The 2012 Station Access Analysis noted 65% of arrivals by car (park and ride), and the 2011 State of the Stations noted 62% of riders surveyed arrived by car (park and ride). This is contrary to multiple observations made by the Public Works Department and therefore disregarded. 17 While the 2012 Station Access Analysis projects that arrivals by car (park and ride) by 2030 will decrease to 47% with land use projections or 33% with land use projections and Auburn Transit Center-adjacent improvement projects, this is not anticipated to occur based on previous trends observed by Public Works Division staff, demographic information on Sounder commuter rail riders, and anticipated decreases in existing transit services to and from Auburn Transit Center. 18 Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited resources. RES.C Page 157 of 215 19 This page intentionally left blank. RES.C Page 158 of 215 20 Total New Short-Term Parking Demand - At a Glance (Figure 2.2.3) Parking Demand Generator No. of Parking Spaces Residential 819 Commercial 73 Residential + Commercial 892 Auburn Transit Center 340 Displaced Parking Demand (Weekday)251 Displaced Parking Demand (Weekend)39 RES.C Page 159 of 215 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Residential Total Demand - 819Total Supply - 803 Commercial Total Demand - 73Total Supply - 0 Transit Total Demand - 340Total Supply - 0 Displaced Total Demand - 251Total Supply - 0 SR-18 21 Figure 2.2.3 - Total New Short-Term Parking Supply and Demand - By Location RES.C Page 160 of 215 22 19 City-owned and/or run unlimited time, time-limited, and loading zones on-street public parking and time-limited off-street parking open to non-permit holders. Total New Short-Term Parking Scenarios Parking Scenario 1a: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off- street parking spaces 1,483 parking spaces 680 deficit in dedicated off- street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 680 parking spaces not provided by dedicated off-street parking spaces 1,445 surplus in total available parking spaces in the DUC 437* existing public19 parking spaces 680 parking spaces not provided by dedicated off-street parking spaces 243 deficit in total available public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is not anticipated to be adequately supplied. Though the new parking demand can be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it cannot be adequately absorbed by only the total available public parking resources, even when considering commuters parking in on- and off-street public parking throughout the entire DUC. Parking Scenario 1b: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages ARE Constructed Supply Demand Result 1,143 new dedicated off- street parking spaces 1,483 parking spaces 340 deficit in dedicated off-street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 340 parking spaces not provided by dedicated off-street parking spaces 1,785 surplus in total available parking spaces in the DUC 437* existing public parking spaces 340 parking spaces not provided by dedicated off-street parking spaces 93 surplus in total available public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are constructed, dedicated off-street parking is still not anticipated to be adequately supplied. Though not only can the new parking demand be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it can also be adequately absorbed by only the total available public parking resources in the entire DUC. Most of these available public parking resources are located within an approximately 1/4-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. RES.C Page 161 of 215 Parking Scenario 1c: Weekend Peak (Daytime Saturday) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off-street parking spaces 92121 parking spaces 128 deficit in dedicated off- street parking spaces 3,158** existing unoccupied parking spaces at weekend peak in the DUC 128 parking spaces not provided by dedicated off-street parking spaces 3,130 surplus in total available parking spaces in the DUC 429*** existing on-street public parking spaces 128 parking spaces not provided by dedicated off-street parking spaces 301 surplus in total available on-street public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is still not anticipated to be adequately supplied even with no Sounder commuter rail service on weekends. That being said, the new parking demand can be adequately absorbed by the total available public parking resources in the DUC, even without accounting for off-street public parking resources. Most of these available public parking resources are located within an approximately 1/4-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. * Adjusted for existing off-street private, permit, and public parking spaces in Auburn Junction blocks that will become permanently displaced as part of development in the short term. ** Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited resources. *** Off-street public parking unable to be extrapolated from the off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis. 23 20 Sounder commuter rail service does not currently run on weekends. Per the 2013 SIP, weekend Sounder commuter rail service is not anticipated. RES.C Page 162 of 215 LONG TERM (6-10 YEARS) Residential Parking Demand Outside of the apartments developed in Auburn Junction over the short-term, the number of apartments developed in the DUC overall over the long-term is unknown. No City document projects the expected apartment units in the DUC overall over the next 10 years with reasonable confidence. Assuming residential market saturation for the DUC and absent any anticipated new significant residential development in the long-term, the total new long-term residential parking demand is hence 0 spaces. Commercial Parking Demand The final 6,686SF of commercial space developed in the Auburn Junction blocks will likely be occupied in the long term, to account for the lag between development of residences and occupancy of associated commercial space. Should the occupancy of the commercial space at Auburn Junction be divided evenly between the long-term localized commercial demand generated by the projected residential base, the following SF of occupancy and associated parking demand per ACC Section 18.29.060(H) is expected21: • Food (restaurants) – 1,337SF at 0.5/4 seats = 8 parking spaces• Apparel – 1,337SF at 2/1,000SF = 3 parking spaces• Entertainment (public venues) – 669SF at 5/1,000SF = 3 parking spaces• Entertainment (retail) – 669SF at 2/1,000SF = 1 parking spaces• Personal care (services) – 669SF at 2/1,000SF = 1 parking spaces• Personal care (retail) – 669SF at 2/1,000SF = 1 parking spaces• Books and magazines – 1,337SF at 2/1,000SF = 3 parking spaces In addition, assuming the remaining 9,054SF2223 of vacant commercial space in the DUC is occupied in the long-term as a result of the anticipated demand generated by Auburn Junction, and occupancy is divided evenly between the long-term localized commercial demand generated by the projected residential base, the following SF of occupancy and associated parking demand per ACC Section 18.29.060(H) is expected: • Food (restaurants) – 1,811SF at 0.5/4 seats = 11 parking spaces• Apparel – 1,811SF at 2/1,000SF = 4 parking spaces• Entertainment (public venues) – 905SF at 5/1,000SF = 5 parking spaces• Entertainment (retail) – 905SF at 2/1,000SF = 2 parking spaces• Personal care (services) – 905SF at 2/1,000SF = 2 parking spaces 24 21 See ‘Commercial Parking Demand’ under ‘FUTURE USAGE – SHORT-TERM (1-5 YEARS)’ for detailed calculation methodology. 22 Based on an October 2013 physical survey of vacant commercial spaces in the DUC, excluding vacancies with off-street private parking. With 1,000+ off-street private parking spaces available at the weekday peak of lunchtime (11am-2pm), it is not anticipated that occupancy of vacant commercial spaces with off-street private parking will generate any on-street parking impacts, nor is it anticipated that the same occupancy will be statistically significant regarding the overall reduction of parking supply in the DUC. 23 Excludes any potential vacancies in the long-term, in the DUC. RES.C Page 163 of 215 • Personal care (retail) – 905SF at 2/1,000SF = 2 parking spaces• Books and magazines – 1,811SF at 2/1,000SF = 4 parking spaces The total new long-term commercial parking demand is therefore 50 spaces. Auburn Transit Center Demand While the June 2013 CEO Report and 2013 SIP identify Sounder commuter rail service expansion for the short term, no document projects service levels beyond the short term (thru 2018). For the purposes of estimating parking demand in the CDPMP and absent any projection or promise by Sound Transit, it is assumed that Sound Transit will mirror Sounder commuter rail service expansion in the short-term, and thus parking demand for 3 additional Seattle-bound roundtrips and 1 additional Tacoma/Lakewood- bound roundtrip in the long-term (thru 2023) is anticipated. Using the same assumption of proportional growth between service and ridership24, Sounder commuter rail service expansion in the long-term could potentially bring 425 new riders to Auburn Transit Center. Based on previous and October 2013 Public Works staff observations, 80% of arrivals at Auburn Transit Center are by car (park and ride)25. No statistically significant decrease in percentage of car (park and ride) arrivals is expected in the long term (thru 2023)26. Due to the anticipated mode shift in arrivals to Auburn Transit Center, the new total long-term parking demand for 425 riders is 340 spaces. Displaced Parking Demand Existing off-street private, permit, and public parking lots in the Auburn Junction blocks will already have become permanently displaced as part of development in the short term. The displaced total long-term parking demand is therefore 0 spaces on weekdays and weekends. 25 24 See ‘Auburn Transit Center Demand’ under ‘FUTURE USAGE – SHORT-TERM (1-5 YEARS)’ for detailed calculation methodology. 25 The 2012 Station Access Analysis noted 65% of arrivals by car (park and ride), and the 2011 State of the Stations noted 62% of riders surveyed arrived by car (park and ride). This is contrary to multiple observations made by the Public Works Division and therefore disregarded. 26 While the 2012 Station Access Analysis projects that arrivals by car (park and ride) by 2030 will decrease to 47% with land use projections or 33% with land use projections and Auburn Transit Center-adjacent improvement projects, this is not anticipated to occur based on previous trends observed by Public Works Department staff, demographic information on Sounder commuter rail riders, and anticipated decreases in existing transit services to and from Auburn Transit Center. RES.C Page 164 of 215 Total New Long-Term Parking Demand - At a Glance (Figure 2.2.4) Parking Demand Generator No. of Parking Spaces Residential 0 Commercial 50 Residential + Commercial 50 Auburn Transit Center 340 Displaced Parking Demand (Weekday)0 Displaced Parking Demand (Weekend)0 26 RES.C Page 165 of 215 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Residential Total Demand - 0Total Supply - 0 Commercial Total Demand - 50Total Supply - 0 Transit Total Demand - 340Total Supply - 0 Displaced Total Demand - 0Total Supply - 0 SR-18 27 Figure 2.2.4 - Total New Long-Term Parking Supply and Demand - By Location RES.C Page 166 of 215 Total New Long- and Short-Term Combined Parking Demand - At a Glance (Figure 2.2.5) Parking Demand Generator No. of Parking Spaces Residential 0 Commercial 50 Residential + Commercial 50 Auburn Transit Center 340 Displaced Parking Demand (Weekday)0 Displaced Parking Demand (Weekend)0 28 RES.C Page 167 of 215 Aub urn WestAuburnSr HS AuburnTransitCtr Junc tion CityHall City HallAnnex MulticareAuburnMed Ctr PostOffice AuburnSr HS JusticeCtr Au b u r n W a y S A S t S E Auburn Ave N In t e r u r b a n T r a i l H S t N W G S t N W F S t N W D S t N W C S t N W A S t N W N D i v i s i o n S t A S t N E Au b u r n W a y N D S t N E G S t S W F S t S W E S t S W D S t S W C S t S W A S t S W S D i v i s i o n S t B S t N E D S t S E W Main St E Main St 2nd St NW 3rd St NW 1st St NW 3rd St NE 4th St NE 2nd St NE 1st St NE 1st St SW 3rd St SW 2nd St SE 4th St SE Legend Downtown UrbanCenter (DUC) Residential Total Demand - 819Total Supply - 803 Commercial Total Demand - 123Total Supply - 0 Transit Total Demand - 680Total Supply - 0 Displaced Total Demand - 251Total Supply - 0 SR-18 29 Figure 2.2.5 - Total New Long- and Short-Term Combined Parking Supply and Demand - By Location RES.C Page 168 of 215 Total New Long- and Short-Term Combined Parking Scenarios Parking Scenario 1a: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off- street parking spaces 1,873 parking spaces 1,070 deficit in dedicated off- street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 1,070 parking spaces not provided by dedicated off-street parking spaces 1,055 surplus in total available parking spaces in the DUC 437* existing public27 parking spaces 1,070 parking spaces not provided by dedicated off-street parking spaces 633 deficit in total available public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is not anticipated to be adequately supplied. Though the new parking demand can be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it cannot be adequately absorbed by only the total available public parking resources in the DUC, even when considering commuters parking in on- and off-street public parking throughout the entire DUC. Parking Scenario 1b: Weekday Peak (11am - 2pm) New Sound Transit- and Metro-Funded Parking Garages ARE Constructed Supply Demand Result 1,483 new dedicated off- street parking spaces 1,873 parking spaces 390 deficit in dedicated off-street parking spaces 2,125* existing unoccupied parking spaces at weekday peak in the DUC 390 parking spaces not provided by dedicated off-street parking spaces 1,735 surplus in total available parking spaces in the DUC 437* existing public parking spaces 390 parking spaces not provided by dedicated off-street parking spaces 47 surplus in total available public parking spaces in the DUC If Sound Transit does construct a second Auburn Transit Center garage, dedicated off-street parking is still not anticipated to be adequately supplied. Though not only can the new parking demand be absorbed into the DUC’s total existing parking resources, inclusive of permit-only and private off-street parking spaces, it can also be adequately absorbed by only the total available public parking resources in the DUC. Most of these available public parking resources are located within an approximately ¼-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. 30 27 City-owned and/or run unlimited time, time-limited, and loading zones on-street public parking and time-limited off-street parking open to non-permit holders. RES.C Page 169 of 215 Parking Scenario 1c: Weekend Peak (Daytime Saturday) New Sound Transit- and Metro-Funded Parking Garages NOT Constructed Supply Demand Result 803 new dedicated off-street parking spaces 98128 parking spaces 178 deficit in dedicated off- street parking spaces 3,158** existing unoccupied parking spaces at weekend peak in the DUC 178 parking spaces not provided by dedicated off-street parking spaces 2,980 surplus in total available parking spaces in the DUC 429*** existing on-street public parking spaces 178 parking spaces not provided by dedicated off-street parking spaces 251 surplus in total available on-street public parking spaces in the DUC If Sound Transit- and Metro-funded parking garages are not constructed, dedicated off-street parking is still not anticipated to be adequately supplied even with no Sounder commuter rail service on weekends. That being said, the new parking demand can be adequately absorbed by the total available public parking resources in the DUC, even without accounting for off-street public parking resources. Most of these available public parking resources are located within an approximately ¼-mile walking distance of Auburn Junction, where the bulk of future non-transit demand is anticipated. There is opportunity for improvement, however, in east-west connections to parking spaces across C ST NW/SW and the BNSF railroad tracks to the west and across Auburn Ave N/A ST SE and Auburn Way N/S to the east. * Adjusted for existing off-street private, permit, and public parking spaces in Auburn Junction blocks that will become permanently displaced as part of development in the short term. ** Extrapolated from off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis, which does not include data for all off-street parking spaces due to limited resources. *** Off-street public parking unable to be extrapolated from the off-street parking observed for the Downtown Urban Center On- and Off-Street Parking Supply and Demand Analysis. 31 28 Sounder commuter rail service does not currently run on weekends. Per the 2013 SIP, weekend Sounder commuter rail service is not anticipated. RES.C Page 170 of 215 2.3 – Parking Organization, Management, Planning, and Investment ORGANIZATION AND MANAGEMENT The DUC parking system, which includes privately and municipally owned and/or operated parking spaces, falls under the authority of various private property owners and at least 6 departments and divisions within the City. These City departments and divisions include Planning, Public Works, Maintenance and Operations, Facilities, Police, and the Court Clerk. Some components of the parking system are mainly managed by one department or division while responsibility for others are shared by multiple departments and divisions. Responsibilities are not clearly identified in the ACC. For instance, while signage in the City’s off-street parking lots is collaboratively executed between the Facilities Department and Planning Division, the Public Works Division is identified as the responsible entity for “marking” off-street permit parking spaces for the City’s vehicles per the ACC. As such, there is opportunity for both increased coordination and clarity of roles. Examples of these opportunities include wayfinding signs (Figure 2.3.1) interspersed throughout the City (managed by the Public Works Division) that currently directs drivers towards landmarks only, but not to off-street no-permit parking in the DUC (managed by the Planning Division) and clarity of roles so that Planning and Public Works staff at the Permit Center can either directly provide information on how to pay or contest a parking citation (processed by the Court Clerk) or direct customers to the appropriate City contact with the information. PLANNING The City has not undertaken comprehensive planning for parking in the DUC with regularity, nor has it adopted any framework for future parking planning efforts. Downtown Parking Plan (1996) In fact, the last comprehensive parking plan (the Downtown Parking Plan) adopted for the DUC dates from 1996. The impetus for developing the Downtown Parking Plan was threefold: • Passage of the Commute Trip Reduction law in Washington State, which mandated employers of a certain size to undertake measures to reduce single-occupancy vehicle commutes; the Downtown Parking Plan examined 32 Figure 2.3.1 - Typical wayfinding sign, which does not currently direct drivers to off- street parking RES.C Page 171 of 215 parking supply and demand management strategies as part of that mandate; • Recurring parking concerns expressed by the downtown business community; and • Anticipation of parking demand generated by a future transit hub (Auburn Transit Center). The scope of the Downtown Parking Plan included the following: • Extensive parking supply and demand analysis, including turnover rates, between the hours of 7am and 6pm for all areas of downtown Auburn29; • Future demand forecasting, incorporating projections from the City’s Comprehensive Plan tempered with observations of development trends in downtown Auburn; • Identification of significant downtown Auburn parking issues ; and • Parking policies to address identified parking issues. The parking policies fell under the umbrella strategy of reducing demand for parking, utilizing existing public parking resources more efficiently, increasing usage of underutilized private parking through lease and shared parking arrangements, and providing guidance for future purchase and establishment of public off-street parking lots in a manner that is phased, cost effective, and affordable for the City and downtown business and property owners. Some specific parking policies directly affecting the City’s physical parking resources have been adopted, such as the conversion of on-street parking spaces along the west side of Auburn Way S, between E Main ST and 2nd ST SE, to unlimited time, no-permit on-street parking, as it exists today (Figure 2.3.2). Most specific parking policies that more indirectly affect the City’s parking system have been adopted in the ACC. Policies such as maximum off-street parking requirements for development, shared parking and other required off-street parking reduction incentives, and employer incentives for non- single occupancy vehicle commutes have been adopted in ACC Chapter 18.52 – Off-Street Parking and Loading, ACC Chapter 33 Figure 2.3.2 - Looking south from E Main ST at on-street parking on the west side of Auburn Way S, implemented as a result of the 1996 Downtown Parking Plan. 29 “Downtown” did not include all blocks of DUC and was generally smaller in geographic area. RES.C Page 172 of 215 18.29 – DUC Downtown Urban Center District, and ACC Chapter 10.02 – Commute Trip Reduction. Other parking policies have not been adopted and are no longer applicable currently. For example, the proposed policy of encouraging employees to park in the residential neighborhoods east of Auburn Way N/S conflicts with concerns raised about non-residents parking on residential streets in the Downtown Parking Survey. On the other hand, some parking policies were not adopted, but are still applicable, such as better use of signage to direct drivers to available City off-street parking. Comprehensive Downtown Parking Management Plan (CDPMP) (2013) The current CDPMP comes seventeen (17) years subsequent the last concerted comprehensive planning effort. It contains much of the same elements as the Downtown Parking Plan as the level of assessment performed is either equivalent or in excess of that in other cities’ plans. Unlike the previous parking plan however, which was prepared by consultants, the current CDPMP is a product of City staff. The CDPMP also adds the toolbox, which presents the various best practices employed in the provision of parking, parking demand management, and operations of a parking system. It is a collection of tools intended to be updated periodically and should be considered at a glance whenever the City is looking to fine-tune its parking system. In its current iteration it includes best practices for provision of special event parking and real-time parking information, parking topics not addressed by the previous plan. With the toolbox and as a whole, the CDPMP sets the framework for parking planning at a specific point in time and allows for flexibility to update its contents to suit future parking needs. INVESTMENT The City’s current investment in the provision of off-street parking in the future is based on a two-pronged fee-in-lieu-of strategy. All Auburn Junction development, per the Auburn Junction Design Guidelines, must provide required residential parking spaces on-site, though the same does not apply to non-residential uses. Although required non- residential parking spaces do not need to be provided on-site, a fee-in-lieu-of payment30 is required to be made towards a fund for a future parking structure in the DUC if the non-residential demand cannot be adequately fulfilled by existing on- and off-street public parking resources31. DUC development at large also have the option for fee-in-lieu-of payments per ACC Section 18.29.060(H) as an alternative to provision of required spaces on-site32. Unlike the fee-in-lieu-of payments for Auburn Junction development, however, neither the Downtown Urban Center Design Standards nor the ACC direct these payments toward funding a future parking structure in the DUC. 34 30 No per space fee-in-lieu-of payment is defined. Assessed on a case-by-case basis. 31 The radius from an Auburn Junction development within which existing on- and off-street public parking resources may be considered “supply” is not defined. 32 The maximum number of required on-site parking spaces allowed via fee-in-lieu-of payments is not defined. RES.C Page 173 of 215 2.4 – Parking Operations, Maintenance, and Marketing and Communications OPERATIONS Operation of the DUC parking system falls to the City for on- street parking spaces and off-street public and permit parking lots and private property owners for off-street parking lots located on their own property. Activities associated with parking operations are minimal. None of the City’s on-street parking spaces are metered, so operation is no more than ingress and egress from these spaces. Additionally, no off-street parking lot operated by the City or privately owned ever “opens” or “closes” in the DUC by way of gates or personnel. The only operational activity for parking is undertaken by Multicare Auburn Medical Center, which contracts out to a private company for operation of its complimentary valet service (Figure 2.4.1). OPERATIONS – SPECIAL EVENTS Several seasonal events (Figure 2.4.2) currently draw big crowds to downtown Auburn and introduce additional demand into the existing parking system, while sometimes simultaneously reducing available parking supply. Activities associated with the operation of the parking system on event days, like non-event days, is similarly minimal. No personnel direct drivers to parking for the Auburn International Farmers Market, which takes place weekly in the Auburn Transit Center plaza during summer months. Nor do any personnel direct drivers to parking for the Auburn Good Ol’ Days festival, which takes place annually in the vicinity of E/W Main Street and closes several streets. Maps of parking locations on event days are not available online for either event and are generally not required for permit approval of special events. OPERATIONS – RATES, FEES, ENFORCEMENT, AND FINES RATES No rates for hourly or daily parking have been established for the City. The City’s on- and off-street parking spaces are available to drivers who park for the short-term or for the evening at no cost. Likewise, privately owned and operated off-street parking lots in the City do not charge for customer and visitor parking. 35 Figure 2.4.1 - Complimentary valet parking is advertised at the entrance to Multicare Auburn Medical Center on N Division ST. Figure 2.4.2 - Dancers at the Auburn International Festival (above) and cars along E Main ST for the Auburn Good Ol’ Days festival (below), both events that draw big crowds to downtown Auburn. RES.C Page 174 of 215 FEES The City charges a $10 per month permit parking fee for parking in its off-street permit parking lots. Permit parking is available for business owners, employees, downtown residents, commuters who are residents of Auburn (until 2014), and Green River Community College students. Parking permits are acquired at the City’s Permit Center. Fees for permit parking are established administratively by the Planning Division. Privately owned and operated off-street parking lots may assess monthly parking fees for its tenants as well. Data for how many private property owners assess such a fee and how much they charge is unavailable. ENFORCEMENT For City owned and/or operated on- and off-street parking spaces, 2 parking enforcement officers in the Police Department enforce maximum time limits, amongst other parking regulations, and impound abandoned vehicles. Enforcement in off-street parking lots owned and operated by private parties varies; typically, private property owners contract out for towing services on larger off-street parking lots. FINES The City issued 3,383 parking citations in 2011 and levies a variety of fines for parking violations cited. These fines include $25 for parking in excess of the maximum allowed time for on- or off-street parking ($35 if not paid within 15 days of the parking citation’s issuance) and $30 for violations of loading zone restrictions. Other parking violations with no fines defined include parking in a no-parking zone and parking too far away from the curb. Fines for parking citations are paid and processed at the Court Clerk. Many parking citations can be waived by participation in community service for non-profits at a rate of $10 waived per hour volunteered. Fines for improper parking in privately owned and operated off-street parking lots are established by private property owners. Towing fees are set by the companies that private property owners contract towing services to. MAINTENANCE Maintenance of the City’s on-street parking, such as striping of spaces and signage, clearly falls to the Maintenance and Operations Division. Maintenance of the City’s off-street parking lots, on the other hand, is not as clearly designated in code or in practice. While the Facilities Department currently maintains off-street parking lot signs, the Planning Division designates off-street public and permit parking spaces, processes parking permit fees, and otherwise manages the City’s off-street parking resources. Both on- or off-street parking owned and/or operated by the City is swept and restriped on a more or less regular basis, but no formal maintenance schedule or plan exists. Likewise, private off-street parking is required to be consistent with the applicable parking code at construction, but is not explicitly mandated by 36 RES.C Page 175 of 215 any City code section to perform specific maintenance per a formal schedule. MARKETING AND COMMUNICATIONS The City’s parking philosophy and parking policies require further refinement through the CDPMP as neither are currently clearly defined. Regarding the former, the existing Downtown Parking Plan does offer overall direction for the downtown parking. The Downtown Parking Plan, however, dates from 1996 and is not an actively referenced document for downtown parking policymaking. The City’s parking policies and fines themselves are contained in Auburn City Code, rather than at a centralized location on the City’s website, and occasionally contradict with what is signed. There are also opportunities for improvement in promoting City’s off-street permit parking program, administered by the Planning Division at the Permit Center, on the City’s website and on off- street permit parking lot signage. Avenues of promotion beyond the City are currently limited to the passing of information from the Auburn Downtown Association (ADA) and Auburn Area Chamber of Commerce to its members. The question of how to obtain a parking permit and where off- street permit parking exists for the general public is typically answered at the Permit Center, where a map of off-street parking available in the City is available. There is no map, however, that identifies the on--street parking spaces available to the general public. At on-street parking spaces , the City has installed signs that identify time limits, although these signs’ designs are not uniform On the other hand, signs with ‘FREE PARKING’ (Figure 2.4.3) in a large-sized font proclaim available public parking at each City owned and/or operated off-street parking lot. Due to permit parking spaces interspersed amongst public parking spaces (Figure 2.4.4), while signed and marked appropriately, drivers have expressed confusion deciphering whether a parking space was designated for public or permit parking. 37 Figure 2.4.3 - ‘FREE PARKING’ sign in large font at the entrance to the off-stree public and permit parking lots between E Main ST and 1st ST NE at B ST NE. Figure 2.4.4 - Off-street permit parking space (foreground) located adjacent to off-street parking spaces (background), in an area also connected to the Safeway parking lot. RES.C Page 176 of 215 3. Parking Case Studies 3.1 – Parking Organization, Management, Planning, and Investment ORGANIZATION AND MANAGEMENT Location(s): City of San Diego Approach: One point of contact for all parking, multiple departments with collaborative authority over the parking system. Key Points: • The primary point of contact for the public is the ‘Parking Administration’, which processes residential parking permits, payment of parking citations, and provides general parking information from the City. • Behind the scenes, however, one department or division is clearly defined as the ultimate authority for a certain component of the parking system Location(s): City of Vancouver, B.C. Approach: One point of contact for on-street parking, one point of contact for off-street parking, authority over the parking system split along the same lines. Key Points: • The primary on-street parking point of contact for the public is Engineering Services, which processes residential and commercial on-street parking permits, payment of on-street parking citations, requests for on-street parking meters, and all other on-street parking related matters. • The primary off-street parking point of contact for the public is Easypark (Figure 3.1.1), a non-profit corporation owned by the City, which processes off-street parking permits, payment of off-street parking citations, and all other matters related to off-street parking. Location(s): City of Champaign, IL, City of Lynchburg, VA, City of Monterey, CA Approach: One point of contact for all parking, one department or parking authority with control over 38 Figure 3.1.1 - The City of Vancouver’s EasyPark website features parking lot finder, citation payment system, and citation appeal system for off- street parking - all located front and center on its homepage. RES.C Page 177 of 215 the parking system. Key Points: • The one department or parking authority usually does not have control over parking standards for private development and enforcement of parking regulations. PLANNING As mentioned previously, the CDPMP matches or exceeds the level of assessment performed in other cities’ parking plans. Where they differ is when cities choose to undertake an effort to produce or procure a parking plan. Location(s): City of Bellingham Approach: Financial shortfalls in the budget. Location(s): City of Pasadena, CA Approach: Struggling downtown and the desire to spur new development (Figure 3.1.2). Location(s): City of Redwood City, CA Approach: Anticipation of new development and visitors who will mostly arrive by car. Location(s): City of Ventura, CA Approach: Simultaneous with update of Downtown Specific Plan. INVESTMENT Of the other cities’ parking plans surveyed, the Downtown Redmond Parking Study from 2008 examines the various options available for financing downtown parking infrastructure most comprehensively. The options below33, however, are not exhaustive nor meant to be mutually exclusive (use of multiple funding sources is the rule rather than exception for public financing). Options Affecting Customers Approach: Event surcharges Key Points: • Ticketing fees that are authorized by a public 39 33 Updated to include current financing options available and not identified in the study. Figure 3.1.2 - A dilapidated building in Old Pasadena in the 1980s (above) and the same building now (below). RES.C Page 178 of 215 facilities district, such as the one established for the ShoWare Center in the City of Kent. Approach: On-street parking fees Key Points: • Parking meters and/or permits. Approach: Parking fine revenues Key Points: • N/A Options Affecting Businesses Approach: Business improvement area (BIA) Key Points: • Assessment on business owners based on square footage, assessed land value, and/or business and operation (B&O) taxes • Useful for funding parking operations and marketing Options Affecting Property Owners Approach: Local improvement district (LID) Key Points: • Assessment on property owners to repay bonds sold to finance improvement • Benefit to the land must be more intense than to the rest of the city and must be actual, physical, and material, and not merely speculative or conjectural • Useful for funding capital development (ex. parking structure) • Useful as one component of revenue bond without the need for general obligation bond backing (and drawing down the available debt capacity of the city) Options Affecting Developers Approach: Fee-in-lieu-of parking Key Points: N/A Approach: Options affecting developers – public/private development partnerships Key Points: • Ex. public acquisition of land and sale or lease of land/air rights not needed for parking • Ex. private development of mixed-use development with sale or lease back of the public parking portion upon completion, a turnkey project Options Affecting the General Public Approach: General obligation bonds Key Points: • Bonds issued to finance parking improvements underwritten by the general fund when 40 RES.C Page 179 of 215 repayment of debt is unable to be serviced by parking revenues alone • Bonds can be issued by public vote or council decree • Legal limit for all voter-approved debt in a city is 7.5% of assessed property values; non- voted debt is 1.5% of assessed property values Approach: Refinancing general obligation bonds Key Points: • Refinancing existing debt and shifting savings from the general fund to debt coverage for parking improvements Approach: Revenue bonds Key Points: • Bonds issued to finance parking improvements underwritten by parking and other specific revenues rather than by the general fund; however, unless utilization and revenue projections (such as LID revenues) are strong and predictable enough to cover debt and operations and provide a coverage cushion, general obligation bonds may still be required • Legal limit for debt is not affected, unless general obligation bond backing is required Approach: 63-20 financing Key Points: • Bonds (tax-exempt) issued by a non-profit corporation on behalf of the city • Financed assets must be “capital” and must be turned over free and clear to the government by the time that bonded indebtedness is retired Approach: Public facilities districts (PFD) Key Points: • An independent taxing authority and district under Washington State statue that may charge fees for the use of its facilities, levy an admissions tax not exceeding 5%, and impose a vehicle parking tax not exceeding 10% • State law also allows PFDs to impose two different types of sales and use taxes: local sales and use taxes of up to 0.033% to finance regional centers and local sales and use taxes up to 0.2% to finance, design, construct, remodel, maintain, or operate public facilities (if approved by voters) Approach: Downtown and neighborhood commercial districts Key Points: • Uses incremental increases in local sales and use tax revenue subsequent establishment of the district to finance community revitalization projects, such as “publicly owned or lease facilities” Approach: Community revitalization financing Key Points: • Uses incremental increases in property taxes to finance parking improvements • Tax “increment area” must be established with approval from local governments imposing at least 75% of the regular property taxes 41RES.C Page 180 of 215 • Tax increment is calculate at 75% of any increase in assessed property value Approach: Local revitalization financing Key Points: • Uses incremental increases in local sales and use tax revenues and property tax revenues within the “revitalization area”, additional funds from other local public sources, and a state contribution to finance parking improvements • Tax increment is calculate at 75% of any increase in assessed property value • State contribution applications are currently closed Approach: State and federal grants Key Points: • No current grants for downtown parking structures have been found Approach: Parking fund Key Points: • Establishes parking commissions and funding mechanisms for parking improvements and maintenance and operations Approach: General fund contribution Key Points: • For a one-time capital improvement or on-going contributions to maintenance and operations of a downtown parking system 42 RES.C Page 181 of 215 3.2 – Parking Operations, Maintenance, and Marketing and Communications OPERATIONS Location(s): Various Approach: Parking meters and/or pay stations as a tool to promote parking turnover; act as a means of distributing limited amount of on-street spaces in commercial areas where demand exceeds supply; provide short-term parking spaces for shopping or personal errands; improve traffic circulation and economic viability of downtown commercial areas by maximizing the number of patron visits; and to generate revenue for the city. Key Points: • Individual conventional meters that accept coins and credit cards (City of Salem) (Figure 3.2.1) • Individual “smart” meters that accept coins, credit cards, and pay-by-phone, with different prices at different times of the day; has resulted in higher revenues and fewer parking citations, but may result in less turnover (City of San Francisco) (Figure 3.2.2) • Individual “smart” meters that accept coins and credit cards, resets any remaining parking time available to zero when a car leaves, and prohibits drivers from paying for more time when the car has already parked for the maximum time limit applicable to the parking space (City of Santa Monica) • Conventional pay-and-display pay stations that accept coins and credit cards (City of Boulder) (Figure 3.2.3) Location(s): City of Tacoma Approach: Parking operations and maintenance contracted out to Republic Parking Key Points: • Since 1987, Republic Parking has provided daily operational oversight for 2,500 parking spaces located within the city’s lots and garages • The city’s budget for 2011-2012 allocated $1,214,800 for operations and maintenance of 43 Figure 3.2.1/3.2.2/3.2.3 - Meters from Salem, San Francisco, and Boulder, respectively (top to bottom). RES.C Page 182 of 215 its parking facilities; this includes $20,000 for Republic Parking’s management fee of 1.5% of net parking revenues and the remainder for ‘out of pocket’ expenses to operate and maintain its parking facilities Location(s): Research Drive Parking Garage, Duke University (Figure 3.2.4) Approach: Environmental and parking operation efficiency best practices Key Points: • Received 2012 International Parking Institute Award of Excellence • Environmentally sensitive design that incorporates vegetated canopies on the roof, vegetated walls, and rainwater-collecting cisterns • Real-time space availability display boards (spaces available on each level) • Automated entries and exits and an express ramp for frequent users using vehicle identification technology • Pay stations for payment prior to leaving rather than payment at exits Location(s): 123 Baxter Street Garage, New York (Figure 3.2.5) Approach: Land use and parking operation efficiency through use of an automatic mechanical parking system (a la a vending machine) Key Points: • Entire process for parking or retrieval of a car takes around 2 minutes • Occupies less space than conventional garages, which makes it especially practical for high- density locations • One attendant “operates” the entire garage • Potential inefficient ingress and egress during periods of overwhelming demand, such as morning and evening rush hour • High initial investment 44 Figure 3.2.4 - The Duke University Research Drive Parking Garage features (top to bottom) vegetated rooftop canopies, space availability display boards, and pay stations prior to exiting. RES.C Page 183 of 215 • Potential fire code limitations • Potential for mechanical failure, as some systems have experienced, trapping vehicles inside the garage OPERATIONS – SPECIAL EVENTS Location(s): River Days, Renton Approach: Shuttles from off-site parking facilities and extensive information provided Key Points: • Complimentary shuttles move people between off-site parking facilities and the festival • Information provided online include directions to parking lots and garages, the free shuttle to non-downtown parking, and location and timing of street closures (Figure 3.2.6) Source(s): “Special Event Parking Basics”, Campus Safety Magazine Approach: Parking operation efficiency and safety best practices Key Points: • Changing cashier locations accommodates queues and promote faster entrances and exits • Payment upon entry prevents bottlenecks at exits • Limiting cash transactions reduces delay • Make multiple entrances and exits available • Designated pedestrian walkways quickly and safely move visitors to and from garage OPERATIONS – RATES, FEES, ENFORCEMENT, AND FINES RATES Location(s): City of Tacoma Approach: Reinstatement of paid parking, removed during downtown’s decline in the 1970s, as on-street parking became increasingly 45 Figure 3.2.5 - New York City’s first automatic parking garage, located at 123 Baxter Street. Figure 3.2.6 - The Renton River Days website provides clear parking information. RES.C Page 184 of 215 congested again Key Points: • During the first 6 months of operation (January – June 2011), revenue exceeded projections by around $60,000 ($364,782.41 vs. $303,510.69) • Bus pass sales doubled and off-street parking lot occupancy increased to near-capacity for University of Washington (UW) – Tacoma FEES Location(s): City of Kent, City of Olympia, City of Puyallup, City of Renton, City of Tacoma Approach: Charging for monthly off-street parking Key Points: • Data includes monthly off-street parking lots and garages owned and/or operated by the cities and by private parking operators as of February 2013 • The lowest monthly rate for a parking lot was $15, operated by Diamond Parking, and located next to the marine and Heritage Park Fountain, though several blocks away from downtown Olympia • The highest monthly rate for a parking lot was $148, operated by Republic Parking on behalf of the City of Tacoma, and located next to many businesses, attractions, and a Sound Transit LINK light rail station • The unweighted average monthly rate for a parking lot was $56 • The lowest monthly rate for a parking garage was $35, operated by Diamond Parking, at the downtown Renton transit center • The highest monthly rate for a parking garage was $164, operated by Republic Parking on behalf of the City of Tacoma, and located next to several businesses, the Convention Center, Tacoma Art Museum, UW – Tacoma, and a Sound Transit LINK light rail station • The unweighted average monthly rate for a parking garage was $74 ENFORCEMENT Location(s): City of Chattanooga, TN Approach: Parking enforcement officers doubling as downtown customer service representatives (“parking ambassadors”) Key Points: • Parking ambassador service provided by Republic Parking • In addition to parking enforcement, parking ambassadors assist people with parking correctly, give courtesy garage passes to drivers who have experienced difficulty with parking, provide maps and directions, provide informal security in coordination with police, and pick up litter (Figure 3.2.7) 46 RES.C Page 185 of 215 • Newspapers report that parking spaces on the busiest commercial streets have freed up considerably since parking ambassador program implementation FINES Location(s): City of Somerville, MA Approach: Superior customer service for parking permit and citation processing Key Points: • Customer service representatives at the Office of the Parking Clerk consistently praised for efficiency and pleasantness, despite only an average rating of 2 out of 5 stars on Yelp MAINTENANCE Location(s): City of Chicago, IL Approach: On-street parking is operated and maintained by Chicago Parking Meters LLC through a 75-year concession, which includes price-setting rights Key Points: • $1.2 billion lump sum paid to the city, but long- term budget shortfall • Rapid rise in parking rates • Increase in inoperable meters Location(s): City of Tacoma Approach: Parking operations and maintenance contracted out to Republic Parking Key Points: • Republic Parking operates and maintains all of the city’s 2,500+ off-street parking spaces; maintenance costs incurred are reimbursed to Republic Parking as part of the contract Location(s): City of Vancouver Approach: • Maintenance of signs, meters, off-street parking lots and garages is performed by the Parking Services Division in the Community and Economic Development Department 47 Figure 3.2.7 - Parking ambassador in Chattanooga provides assistance to visitors as well as enforcing parking regulations. RES.C Page 186 of 215 Key Points: N/A Location(s): City of West Hollywood, CA Approach: Off-street parking lots and garages are operated and maintained by the Parking Services Division in the Public Works Department Key Points: • N/A Location(s): Plymouth State University, Plymouth, NH Approach: Maintenance of off-street parking lots regularly scheduled Key Points: • Text and email reminders to move cars for subscribers • Signs at off-street parking lots the day of closure for maintenance MARKETING AND COMMUNICATIONS Location(s): City of Ventura, CA Approach: Radius map of destinations from main parking garage Key Points: • Demonstrates the concept of “park-once” and visiting multiple destinations Location(s): City of Denver, CO Approach: Public Works Department “parking angels” reward legally parked cars with $5 parking cards during the holiday season Key Points: • Caught the attention of multiple news sources (TV stations, newspapers, online sources) • Simultaneous with a social media campaign Location(s): City of Denver, CO Approach: Parking homepage with street sweeping reminders and all components of the parking system front and center Key Points: • Divided into four user-friendly links: ‘Report a Problem’ for broken meters, lights, potholes/ 48 Figure 3.2.8 - The Denver parking website features easy- to-find links for reporting a problem, purchasing parking permits, finding public parking, and paying for citations. Figure 3.2.9 - New York City on-street parking signs pre- (left) and post-redesign (right). RES.C Page 187 of 215 MERJE | ENVIRONMENTS & EXPERIENCES 3.3 City of Novato, CA - Wayfinding & Signage Program I WAYFINDING ANALYSIS DESIGN OPTION 4A SIGNAGE SYSTEM City Hall / Multiple Shapes / Novato Red This option reflects the comments received by the public. Design details include: UÊ“>}iʜvÊ ˆÌÞÊ> UÊՏ̈«iÊ«>˜iÊÅ>«ià UÊ œÛ>̜Ê,i`Ê>ÃÊ>VVi˜Ì UʘVœÀ«œÀ>ÌiÃʜÀ}>˜ˆVÊÅ>«iÊ­“ˆ˜œÀ® UÊ*i`iÃÌÀˆ>˜ÊÈ}˜Ê­œÀˆ}ˆ˜>® UÊ œœÀÊL>>˜ViÊ­œÀˆ}ˆ˜>® *i`iÃÌÀˆ>˜ÊˆœÃŽ*i`iÃÌÀˆ>˜Ê˜ÌiÀ«ÀïÛi ÎÊ*>˜iÊ6>Àˆ>̈œ˜ÃÊvœÀÊ-ÞÃÌi“ Vehicular Parking Pedestrian *i`iÃÌÀˆ>˜Ê ˆÀiV̈œ˜> NovatoHistory Museum Downtown Police SMARTAtherton Station Downtown Redwood Blvd. Youth Center Library Golden GateTransit Post Office *>ÀŽˆ˜}Ê-«>Viˆ“ˆÌʘvœÀ“>̈œ˜ PARKINGHOUR 9A.M.–6P.M. EXCEPT SUNDAY 2 Seasonal Sign܈̅ÊV…>˜}i>LiÊ«œÃÌiÀ ­->˜`܈V…Ê œ>À`® NOVATO’S T4TH OF JULYPARADE FIREWORKSAND U hh NOVATO *>ÀŽˆ˜}Ê/À>ˆL>âiÀ *>ÀŽˆ˜}Ê`i˜ÌˆvˆV>̈œ˜ Front Side P NOVATO Reichert Ave Lot No Parking 2am–6am Cars will be towed at owner’s expense PublicParking City-wi d e M a p Downtown Map B u l l e t i n B o a r d Downtown Novato /À>ˆL>âiÀ OptionalPost Application Side View Back of Sign6i…ˆVՏ>ÀÊ ˆÀiV̈œ˜> Youth Center Downtown Novato ˆÀiV̈œ˜>Ê/À>ˆL>âiÀ with Mileage 2 miles College of Marin Downtown Novato SHOPS DINING ARTS ˆÃÌÀˆVÌʜÀÊ iˆ}…LœÀ…œœ` `i˜ÌˆvˆV>̈œ˜ Historic Downtown District NOVATO sinkholes, and illegally parked cars, ‘Parking Permits’ for residential and handicap parking permits, ‘Public Parking’ for where and how to park, and ‘Tickets and Towing’ for paying citations, removing boots, and locating a towed vehicle (Figure 3.2.8) Location(s): City of New York, NY Approach: Redesigned parking signs for readability Key Points: • Fewer signs, less text, and more “white space” (Figure 3.2.9) • Former signs were called “a cross between an Excel spreadsheet and a totem pole” by Janette Sadik-Khan, Transportation Commissioner Location(s): City of Novato, CA Approach: Thematically tied-together signs (Figure 3.2.10) Key Points: • Parking signage is thematically tie to general car and pedestrian wayfinding signage • “Trailblazer” signs directing drivers to parking are thematically tied to parking facility signage • On-location parking signage identify the location and/or name of the lot and basic rules – and not much else Location(s): City of Seattle Approach: • e-Park, a real-time live feed of available parking spaces in participating parking garages throughout downtown (Figure 3.2.11) Key Points: N/A Location(s): City of Los Angeles, City of San Carlos, City of San Francisco, CA Approach: Parker app provides real-time parking availability information for both on-street parking spaces and off-street parking spaces in City and privately owned and/or operated parking lots and garages Key Points: • Availability is based on information transmitted from networked wireless sensors at each parking space 49 Figure 3.2.10 - The proposed Novato sign program features parking signs that are thematically tied to general wayfinding and other signs in the city. Figure 3.2.11 - Seattle’s e-Park sign boards show available parking spaces in participating downtown parking garages. RES.C Page 188 of 215 50 • Each wireless sensor is self-powered, requires 4-6 minutes to install, and costs $300/installation and $120/year in software licensing fees (per USA Today in a 2011 article) • App provides a map of parking locations, rates, and types (time limits) (Figure 3.2.12); allows for adding inventory to its map database, even without paying for and installing sensors • App can search for parking in proximity by destination and also direct drivers via voice navigation to the nearest space Figure 3.2.12 - The Parker app displays locations and rates of on- and off-street parking and real-time availability for parking spaces equipped with a networked wireless sensor. RES.C Page 189 of 215 4. The Parking Best Practices Toolbox 4.1 – How to Use the Toolbox The Parking Best Practices Toolbox is a collection of general best practices employed in the provision of parking, parking demand management, and operations of a parking system. Experiences of other jurisdictions examined and guiding principles from planning and parking literature drove what best practices ended up in the toolbox. The best practices contained herein, however, are not meant to be static; some may be removed and other may be added to the framework of the toolbox as parking patterns and results from parking research continue to evolve. In addition, what is a parking best practice generally is not necessarily a parking best practice specifically applicable to the DUC. As such, the Parking Best Practices Toolbox has been structured as such: • Description of the best practice; • Whether or not the best practice is currently implemented; • The action proposed for the best practice (continuation, modification, implementation, or no action); and • Where to find additional information, if available. In short, the toolbox embodies an at-a-glance evaluation of best practices applicable generally and specifically, in the CDPMP’s current iteration. Please turn to the next page for the Parking Best Practices Toolbox (Figure 4.1.1). 51RES.C Page 190 of 215 Best Practice (BP)Now Action More Information Commute trip reduction Yes Continue ACC10.02.070 Frequent transit access, citywide/regional Yes Modify Long-term rec Comprehensive Transportation Plan Off-street permit parking Yes Continue On-street paid parking, conventional meters No No action1 Case study On-street paid parking, "smart" meters No No action1 Case study On-street permit parking No Implement Short-term rec Roadway pricing No No action1 Timed parking Yes Modify Near-term rec Long-term rec Unbundled parking No No action2 Commute Trip Reduction Plan Elimination of parking minimums No No action3 Establishment of parking maximum Yes Continue ACC18.29.060(H) Parking lot lighting Yes Continue DUC Design Standards Parking lot pedestrian connections Yes Continue DUC Design Standards Parking lot screening Yes Continue DUC Design Standards Parking over, under, behind, or side of buildings Yes Continue DUC Design Standards Parking structure screening Yes Continue DUC Design Standards Parking structure w/ active street frontage Yes Continue DUC Design Standards Parking structures w/ environmentally-sensitive design Yes Continue DUC Design Standards Reductions for shared parking Yes Continue ACC18.29.060(H)(3) Smart growth Yes Continue ACC18.29.010 Parking spillover area planning, downtown-adjacent No Implement Short-term rec Long-term rec Single contact for all City parking matters No Implement Short-term rec Regular readjustment of current parking practices No Implement Short-term rec Regular reevaluation of current parking conditions No Implement Short-term rec Planning for investment in public parking, per supply deficit No Implement Short-term rec Case study Bikeshare No No action5 Carshare No No action5 Downtown valet No No action5 Frequent transit access, around downtown No Implement Long-term rec Parking ambassadors No Implement Short-term rec Case study Parking policy transparency No Implement Near-term rec Case study Parking shuttle No No action5 Parking structures w/ automated entry/exit and express ramps No No action4 Case study Parking structures w/ pay-before-leaving pay stations No No action4 Case study Parking structures w/ real-time space availability displays No No action4 Case study Planning for special events No Implement Short-term rec Case study Soft enforcement No Implement Short-term rec Existing Parking Infrastructure - Demand Management Future Parking Infrastructure - Development Regulations and Design Organization and Management Operations Planning Investment 52 RES.C Page 191 of 215 Best Practice (BP)Now Action More Information Clarity of maintenance roles No No action5 Centralized City parking webpage No Implement Near-term rec Case study Easy-to-read off-street parking signs No Implement Short-term rec Case Study Easy-to-read on-street parking signs No Implement Near-term rec Case study Parker smartphone app No No action6 Case study Parking alerts, for construction/maintenance No Implement Short-term rec Positive publicity for parking system No Implement Short-term rec Case study Real-time availability displays, for off-street parking No No action5 Case study Trailblazer signs No Implement Short-term rec Case study Marketing and Communications Maintenance 1 Current demand does not warrant best practice; current parking supply is sufficient; citizens not interested in best practice 2 Current transit service levels and development patterns not feasible to expect interest in completely car-free lifestyle 3 Current deisre to address parking impacts of anticipated development; parking minimums are already more generous in the DUC than in the rest of the City 4 Currently no parking structures are planned 5 Current demand does not warrant best practice; unknown when sufficient demand is anticipated 6 Currently too expensive; not intuitive to use when parking remains available, as in the DUC overall 53 Figure 4.1.1 - The Parking Best Practices Toolbox. RES.C Page 192 of 215 54 5. The Parking Action Plan 5.1 – Near-Term Recommendations Best Practice 5.1.1 Timed parking Action: Modify Description: Revise parking time limits for the City’s on- and off-street public parking spaces to 3 hours throughout the DUC Pros: • Allows visitors to patronize multiple businesses at a leisurely pace, no matter where they park • Reduces the confusion of brought upon by a myriad of time limits and signs, of which some currently conflict with each other, even on the same street Cons: • Lacks the nuance of area-specific time limits that would address the various needs for different types of parking in the DUC • Additional costs will be incurred to replace signs if redevelopment and increased demand necessitate area-specific time limits again • May be more difficult for parking enforcement officers to discern cars parked all day (cars of commuters and downtown employees, for example) Best Practice 5.1.2 Parking policy transparency Action: Implement Description: Remove all code referencing the City’s on- and off-street parking, create a new parking database maintained by staff, and insert new code specifying available parking that adopts the parking database by reference Pros: • Eliminates code that currently conflicts with on-street parking as-signed/as-marked or is outdated • Parking database can be updated administratively • Parking database can serve double-duty as public information on where to park in the DUC Cons: • Parking database would require time to develop Best Practice 5.1.3 Centralized City parking webpage Action: Implement RES.C Page 193 of 215 Description: Update website to include easy-to-locate map and information for on- and off-street public and permit parking available in the City (including potentially a ‘Where to Park If This Area is Full’ feature for areas and lots that experience peak parking occupancy in excess of 85%), pictures of all signs and explanations of what they mean, and better marketing for the City’s off-street permit parking program Pros: • Centralizes information for DUC parking • Provides information for alternative parking options when the desired parking lot or street is full • Provides information to help discern whether a parking space is public or permit, addressing the difficulty of doing so raised in the Downtown Parking Survey • Relatively easy and inexpensive to implement Cons: • In itself, may not be the most intuitive tool for finding parking spaces, especially for those that do not plan ahead or use smartphones Best Practice 5.1.4 Easy-to-read on-street parking signs Action: Implement Description: Design and install easy-to-read signs that identify availability and rules of on-street public parking Pros: • Relatively easy and inexpensive to implement Cons: • Additional costs will be incurred to replace signs if redevelopment and increased demand necessitate area-specific time limits again 55RES.C Page 194 of 215 56 5.2 – Short-Term Recommendations (1-5 Years) Best Practice 5.2.1 On-street permit parking Action: Modify Description: Expand and modify residential parking zone beyond D ST NW per demand; begin by providing 2 free parking permits per single-family residence, duplex unit, or townhouse unit with less than 2 off-street parking spaces (garage or paved), 1 free parking permit per single-family residence, duplex, unit, or townhouse unit with 2 or more off-street parking spaces (garage or paved), and 1 free parking permit per multifamily unit with less than 1 off-street parking space (garage or paved) per unit; charge nominal fee for additional permit and raise fees as demand necessitates; tailor to each residential parking zone by inventory of on-street parking supply Pros: • Provides long-term parking for residents and prevents other cars from parking all day in spaces convenient and valuable to residents, thereby encouraging downtown employees and commuters to obtain off-street parking permits • Free permits to a certain extent is more or less in line with the overwhelming Downtown Parking Survey response of not having to pay for parking • Reinforces a “customer-first” ethic amongst downtown employees who choose to park on- street all day by providing impetus to purchase an off-street parking permit Cons: • Past opposition has stalled implementation of residential parking zones in areas just beyond the DUC Best Practice 5.2.2 Parking spillover area planning, downtown adjacent Action: Implement Description: Consider areas expected to experience impacts from DUC parking, even if not technically located within the DUC Pros: • Addresses potential parking spillover impacts from the DUC so that parking problems are not simply shifted away from the DUC into surrounding areas Cons: • Past opposition has stalled implementation of residential parking zones in areas just beyond the DUC Best Practice 5.2.3 Single contact for all City parking matters Action: Implement Description: Designate one department or division that is the single contact for all parking-related matters in the City, despite whatever the organizational structure is behind-the-scenes RES.C Page 195 of 215 57 Pros: • Reduces confusion of who is in charge of parking in the City and increases transparency, as perceived by the public; is a more user-friendly approach to interactions with the public Cons: • N/A Best Practice 5.2.4 Regular readjustment of current parking practices Action: Implement Description: Make minor adjustments to permit rates, time limits, residential permit zones, etc. to respond to current parking conditions in the DUC every year and make major adjustments every 5th year in the parking planning cycle Pros: • Responds to current parking conditions in the DUC, implements current parking best practices for the City, and modifies or eliminates failing parking policies Cons: • Additional costs will be incurred if additional consultation and staffing from private parking consultants are required for implementation rather than City staff alone Best Practice 5.2.5 Regular reevaluation of current parking conditions Action: Implement Description: Evaluate supply and demand of parking in the DUC at peak weekday hours (11am-2pm) every year, comprehensively every 4th year in the parking planning cycle Pros: • Evaluates current parking conditions in the DUC to guide implementation of current parking best practices for the City and modification or elimination of failing parking policies Cons: • Additional costs will be incurred if additional consultation and staffing from private parking consultants are required for implementation rather than City staff alone Best Practice 5.2.6 Planning for investment in public parking, per supply deficit Action: Implement Description: Evaluate funding options, existing and potential overflow from Auburn Transit Center, and implement a multi-faceted plan to finance additional public parking, per supply deficit observed Pros: • Addresses potential public parking supply deficit identified by the CDPMP • Reduces risk with diversity of funding options utilized Cons: • Does not consider measures to reduce parking demand and congestion in problem areas of downtown without expanding the physical infrastructure of public parking RES.C Page 196 of 215 58 Best Practice 5.2.7 Parking ambassadors Action: Implement Description: Assign parking ambassador responsibilities to existing parking enforcement and downtown patrol officers, including provision of information (and informal safety by parking enforcement officers) Pros: • Generates goodwill • Reinforces a “customer-first” ethic by pointing people in the right direction in terms of destinations and parking in the DUC, including alternative parking options when the desired parking lot or street is full • Decentralizes the delivery of information centralized at the City’s Permit Center and website • Provides additional transparency to parking policies • Diversifies the role of existing parking enforcement officers Cons: • Requires coordination between multiple departments and divisions and relies on one representative to convey each department or division’s respective parking policies • Additional costs will be incurred if additional consultation and staffing from private parking operators are required for implementation Best Practice 5.2.8 Planning for special events Action: Implement Description: Require organizers to designate event parking, distribute information for event parking, make multiple exits available, and establish pedestrian paths Pros: • Addresses difficulties experienced during event parking, as expressed in responses from the Downtown Parking Survey • Addresses potential parking spillover impacts from the DUC so that parking problems from special events are not simply shifted away from the DUC into surrounding areas • Generates goodwill with efficient organization of special events Cons: • N/A Best Practice 5.2.9 Soft enforcement Action: Implement RES.C Page 197 of 215 59 Description: Develop and implement 3-strikes parking enforcement policy wherein the first 2 strikes consist of dismissible tickets and education on where to park Pros: • Generates good will • Allows those genuinely unfamiliar with downtown parking an opportunity to park “correctly” • Reinforces a “customer-first” ethic amongst downtown employees who choose to park on- street all day by providing impetus to purchase an off-street parking permit Cons: • Off-street permit parking demand already exceeds supply • May shift cars to unlimited time on-street parking on residential streets beyond the DUC Best Practice 5.2.10 Easy-to-read off-street parking signs Action: Modify Description: Design and install easy-to-read signs that identify availability of off-street public parking, identifier/location of off-street parking lot, and alternative parking options Pros: • Relatively easy and inexpensive to implement • Reduces perceived last mile when off-street parking lot is easy to identify and remember • Reduces parking demand and congestion in problem areas of downtown without expanding physical infrastructure of parking by shifting demand to underutilized off-street parking lots Cons: • May work too well, shifting parking supply problems to formerly underutilized off-street parking lots Best Practice 5.2.11 Parking alerts, for construction/maintenance Action: Implement Description: Alert interested parties and drivers through the City’s website, emails, text alerts, and pre- closure on-location signage so that they are not caught off-guard when regularly available parking becomes unavailable Pros: • Provides additional transparency to parking availability • Allows people to plan for alternative parking and/or transportation options • Decentralizes the delivery of information centralized at the City’s Permit Center and website (through text alerts and on-location signage) RES.C Page 198 of 215 60 • Utilizes existing City communication channels (website and construction notices) Cons: • Additional costs will be incurred if additional technological resources are required (text alerts) • May become unwanted information overload if implemented incorrectly Best Practice 5.2.12 Trailblazer signs Action: Implement Description: Direct drivers to available off-street parking Pros: • Decentralizes the delivery of information centralized at the City’s Permit Center and website • Relatively easy and inexpensive to implement Cons: • May work too well, shifting parking supply problems exclusively to off-street parking lots • Additional costs will be incurred to replace signs if comprehensive downtown signage program is implemented in the future RES.C Page 199 of 215 61 5.3 – Long-Term Recommendations (6-10 Years) Best Practice 5.3.1 Frequent transit access, citywide/regional Action: Modify Description: Evaluate demand and petition for demand-appropriate reductions to current 30-minute headways and expansion of evening service Pros: • Reduces parking demand and congestion by making trips to and from downtown more enticing and feasible, without expanding physical infrastructure of parking • Expands the customer base for the DUC • Responds to anticipated growth in demand required to support increase from current levels of transit access Cons: • May be difficult for buy-in from cash-strapped transit agencies Best Practice 5.3.2 Timed parking Action: Modify Description: Revise parking time limits for the City’s on- and off-street public parking spaces to area- specific time limits as-needed Pros: • Provides nuanced time limits that address various needs for different types of parking in the DUC, especially areas with high peak occupancy • Increases the ultimate number of visitors to the DUC by increasing turnover Cons: • May increase confusion brought upon by a myriad of time limits and signs • Additional costs will be incurred to replace existing 3-hour time-limit signs Best Practice 5.3.3 Parking spillover area planning, downtown adjacent Action: Implement Description: Continue to consider areas expected to experience impacts from DUC parking, even if not technically located within the DUC Pros: • Addresses potential parking spillover impacts from the DUC so that parking problems are not simply shifted away from the DUC into surrounding areas • May be easier to implement in the long-term as potential parking spillover impacts from the DUC become more identifiable RES.C Page 200 of 215 62 Cons: • Past opposition has stalled implementation of residential parking zones in areas just beyond the DUC Best Practice 5.3.4 Frequent transit access, around downtown Action: Implement Description: Evaluate demand and petition for demand-appropriate reductions to current 30-minute and 1-hour headways, expansion of service area by rerouting, and expansion of evening service Pros: • Reduces parking demand and congestion in problem areas of downtown by reducing the last mile between parking space and destination, without expanding physical infrastructure of parking • Responds to anticipated growth in demand required to support increase from current levels of transit access Cons: • May be difficult for buy-in from cash-strapped transit agencies • Additional costs will be incurred if additional consultation and staffing from private paratransit operators for implementation is required RES.C Page 201 of 215 Potential Parking Spillover Areas (PPSA's) 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 7/9/2012*Potential Parking Spillover Areas (PPSA’s) are areas within .25 miles from the edges of the Downtown Urban Center (DUC) and Business Improvement Area (BIA), whose boundaries delineate downtown Auburn. Availability of on-street public parking in PPSA’s is potentially impacted by spillover parking demand generated from downtown Auburn and/or large businesses, institutions, public gathering places, and other parking-generating uses within the PPSA itself. Downtown Urban Center (DUC) & Business Improvement Area (BIA) Potential Parking Spillover Area* (PPSA) Appendix ARES.C Page 202 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5032 Date: January 24, 2014 Department: Finance Attachments: Resolution No. 5032 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5032. Background Summary: Resolution No. 5032 levies the .1% sales tax credit against the state sales tax for annexation of the Lea Hill Area. Washington State Senate Bill 6686 authorizing the tax credit was passed by the state legislature during the 2006 regular session. The intent of the legislation was to provide financial assistance to Cities with Planned Annexation Area (PAA's) that did not produce revenues sufficient to cover the costs of urban levels of services. The tax credit will provide sufficient funding, along with the other revenues of the area, to provide those services. The City moved forward with the annexation of Lea Hill based upon the availability of this tax credit. Cities wishing to take advantage of this tax credit incentive had to commence annexation prior to January 1, 2010. The tax credit is available to the city for up to 10 years and is limited to the maximum of .1% credit against the State tax or the difference between the City's cost to provide, maintain, and operate municipal services for the annexation areas and the general revenues that the City receives from the annexation area during a given year. 2013 will be the seventh year that the City of Auburn has asked the State for the sales tax credit. The last year of this tax credit will be 2016. Reviewed by Council Committees: Finance, Public Works Councilmember:Wales Staff:Coleman Meeting Date:February 3, 2014 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 203 of 215 RESOWTION NO. 5 0 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY OF AUBURN TO IMPOSE A SALES AND USE TAX AS AUTHORIZED BY RCW 82.14.415 AS A CREDIT AGAINST STATE SALES AND USE TAX, RELATING TO ANNEXATIONS WHEREAS, this is not a new tax but a reallocation of the sales tax already collected by the state which will then be remitted to the City to assist with funding the costs of the newly annexed area; and WHEREAS, in accordance with Chapter 35A.14 RCW, on the 16t" day of January, 2007 and on the 16t" day of April, 2007, the City Council of the City of Auburn, Washington, passed its Resolution Numbers 4138 . and 4176 respectively, calling for special elections to be held in connection with the primary election on August 21, 2007, at which election the question of annexation was presented to the voters of the Lea Hill Annexation Area; and WHEREAS, the notice of intention to annex was filed with the King Counry Boundary Review Board and subsequently approved; and WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was put to a vote of the people in the annexation area on August 21, 2007; and WHEREAS, the King County Records, Elections and Licensing Services Division, on September 5, 2007, certified that the referendum had been approved by the voters; and WHEREAS, following a favorable vote on the annexation proposition, the City Council of the City of Auburn, Washington, adopted its Ordinance Na Resolu4on No. 5032 January 14, 2014 Page 1 of 3RES.D Page 204 of 215 6121, on September 17, 2007, annexing said Lea Hill Annexation Area, an annexation area that has a population of'at least ten thousand people; and WHEREAS, the City Council of the Ciry of Aubum, Washington, finds and determines that the projected cost of at least $5,763,960 to provide municipal services to the annexation area exceeds the projected general revenue estimated to be $5,275,633 that the City would otherwise receive from the annexation area on an annual basis; and WHEREAS, pursuant to RCW 82.14.415, the City is authorized, under the circumstances of this annexation, to impose a sales and use tax as authorized with that ta c being a credit against the state tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Aubum City Council does hereby authorize the City's Finance Director to set the threshold for imposing the sales and use tax credit at two million and seventy one thousand dollars ($2,071,000) for the Lea Hill annexation area. Section 2. Implementation. The Mayor of the City of Aubum is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this Resolution. Resolution No. 5032 January 14, 2014 Page:2 of 3RES.D Page 205 of 215 Sectlon 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF 2014. CITY OF AUBURN ATTEST: NANCY BACKUS, MAYOR Danielle E. Da§kam, City Clerk APP VED AS TO FO M: niel B. Heid, City Attomey Resolution No. 5032 January 14, 2014 Page 3 of 3RES.D Page 206 of 215 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5036 Date: January 27, 2014 Department: Public Works Attachments: Resolutin No. 5036 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5036. Background Summary: Resolution No. 5036 authorizes the Mayor to execute a Contract between the City of Auburn and the City of Pacific to allow the City of Pacific to deliver limited waste materials to the City of Auburn’s Decant Facility. The Contract also requires Pacific to participate in long term Decant Facility improvements. Reviewed by Council Committees: Finance, Public Works Councilmember:Osborne Staff:Snyder Meeting Date:February 3, 2014 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 207 of 215 RESOLUTION NO. 5036 A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC FOR DECANT FACILITIES USAGE WHEREAS, the City of Pacific has inadequate facilities to handle the waste materials produced from their public works streeY sweeping and Vactor maintenance; and WHEREAS, the City of Aubum has sufficient capacity at their decant faality to handle the Pacific waste materials and is willing to provide for the proper handling, processing and disposal of the City of Pacifids street sweeper and Vactor truck materials at a cost that is acceptable fo the City. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City ofAubum is hereby authorized to execute an Interlocal Agreement between the City of Aubum and the City of Pac c for Decarrt Facility Usage in substantial conformity with the Agreement attached hereto as Exhibit A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5036^ January 13, 2014 Page 1 of 2RES.E Page 208 of 215 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROV AS TO FORM: arnef B. Heid, City Attome Resolution No. 5036 Januaryl3, 2014 Page 2 of 2RES.E Page 209 of 215 Exhibit A CONT tACT FOR SERVICES BETWEEN THE CITY OF PACIFIC AND THE CITY OF AUBURN FOR DECANT FACYLI4IES USAGE THIS AGREEMENT is made and executed by and between the City of Pacific, a Washington municipal corporation, hereafter designated as"Pacific," and the City of Auburn, a Washington municipal corporation, hereafterdesignated as "Aubum." WHEREAS, Pacific has inadequate facilities to properly handle the Waste Materials produced as a result of their Public Works streeh s veeping and Vactor maintenance activities; and WHEREAS, Auburn has sufficient caqacity at their decant facility to handle the Pacific Waste Materials. NOW, THEREFORE, for the consideration stated in this Agreement, Pacific and Aubum do agree:as follows: 1. PURPOSE The purpose of this Agreement is to provide forproper handiing, processing and disposal of Street Sweeper and Vactor truck materials; herein referred to as "Waste Materials" generated by Pacific. 2. RESPONSIBILITIES The City of Pacific shall deliver Waste Materials to the decant area of the City of Aubum Maintenance & Operations facility (hereafter, the"Facility', currendy located at 1305 C Street SW during the hours of 7:00 am and 3:00 pm. The unloading of the Waste Materials by Pacific at the Faciliry is to be done under the supervision of an Auburn . employee at the Facility. Pacific will only send operators to use the decant facility that have been properly trained by Aubum on the safe and efficient use of the facility and dumping of Waste Materials. If conditions at the Facility require, Aubum reserves the right to request Pacific to retain its Waste Materials urrtil such time as the conditions at the Facility allow Aubum to accept the Waste Materials again. Au6urn will give Pacific as much advance notice of these conditions as is practicable. Au6um further reserves the right to reject any individual shipment of Waste Materials. Resolution No. 5036 January 13, 2013 Exhibit A Page 1 of 6RES.E Page 210 of 215 Aubum will provide for the dewatering and the disposal of the Waste Materials in compliance with all local, state, and federal permits pertaining to the dewatering and disposal of such Waste Materials. 3. VOLUME Aubum shall accept from PacifiCs Waste Materials in the foliowing volumes: notto exceed SO tons per month or a total of 300 tons per year as measured atAubum'struck scale. Au6urn may accept Waste Material from Paciflc that exceeds these Volumes upon the review of a written request from Pacifc. All such requests shall be made to Auburn's Public Works Maintenance and Operations Manager thirty (30) days in advance of proposed delivery of such additional Waste Materials. 4. COST FOR SERVICES Pacific shall pay Aubum $100.00 per month base fee for administration costs and 70.00 per ton of Waste Materials for processing,testing and disposal fee (measured as scale weight). Aubum will bill Pacific on a quarterly basis. Aubum reserves the right to increase these fees in response to increases in labor, disposal, and regulatory costs. Aubum.shall give Pacific at least sixty (60) days advance wriEten nofification of any proposed fee increases. 5. DECANT FACILITY IMPROVEMENTS Paciflc recognizes that the capacity of Auburn's Facility is limited and that additional capacity will need to be provided, as both Cities waste disposal needs continue to grow, in order to provide long-term service to Pacific. Pacific will also agree to participate in pla.nning and funding of long term capacity improvements to the decant process in Au6um, including but not limited to improvements to the existing facility, installation ofadditbnal facility or othermeans to add additional capacity. By way of example onry, and not by way of limitation, Pacific and Aubum contemplate that subsequent amendments or agreements might address the following types of issues: planning, design and construcdon costs for potential improvements to the existing Facility or construcdon of a new decant facility. The parties agree that Aubum will act as lead entity in all aspects of any proposed improvement project. Aubum will consult in advance of any final decisions with Pacific for the purposes of determining Pacific's future needs and Pacific's desire to participate in funding for an improved facility or a new facility. Resolution No. 5036 January 13, 2013 Exhibit A Page 2 of 6RES.E Page 211 of 215 6. TERM The duration of this Agreement shall be for an initial term of three (3) years beginning anuary 1, 2014 through December 31, 2016, and may be extended thereafter for an optional, additional term of three (3) years beginning January 1, 2017 through December 31,2019, by written amendment of the Parties, including but not limited to mutual agreement on proposed changes-increases or decreases- to the cost for services Section 4 of this Agreement, not laterthan sixty (60) days prior to the end of the initial term. It is further provided, however, that either parly mayterminate this Agreement upon providing one hundred twenty (120) days advance written notice to the otherparty. 7. REOPENER Either pait.q may request that any provision of this Agreement can be renegotiated by submitting a written request with fouiteen (14) days advanced notice. Any amendment of this Agreement shall be in writing and shall be signed by both parties consistent with Section 13 of this Agreement. 8. HOLD HARMLESS AND INDEMNIFICATION a) Pacific shall indemnify and hold Auburn and its agents, employees, officers and/or voluntee s, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages or costs, of whatsoever kind or nature, brought against Aubum arising out of, in connection with, or incidentto the execution of this Agreement and/or PacifiCs performance or failure to perform any aspect of thisAgreement; provided, however, that if such claims are caused by or result from the concurrent negligence of Aubum, its agerrts, employees, o cers and/or volunteers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Pacific; and provided further, that nothing herein shall require Pacific to hold harmless or defend Auburn, its agents, employees officers and/or volunteers from any claims arising from the sole negligence of Auburn, its agents, employees, officers and/or volurrteers. No liabil'iry shall attach to Aubum by reason of entering into this Agreement except as expressly provided herein. b) Auburn shall indemniry and hold Pacific and its agents, employees, officers and/or volunteers, harmless from and shall process and defend at its own expense any and all claims, demands; suits, atJaw or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Pacific arising out of, in connection with, or incident to the execution of this Agreement and/or Auburn's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the Resolution No. 5036 January 13, 2013 Exhibit A Page 3 of 6RES.E Page 212 of 215 concurrent negligence of Pacific, its agents, employees, officers and/or volunteers, this indemn'ity provision shall be valid and enforceable only to the extent of the negligence of Auburn; and provided further, that nothing herein shall require Aubum to hold harmless or defend Pacific, its agents, employees, officers and/or volunteers from any claims arising from the sole negligence of Pacific, its agents, employees, officers and/or volunteers. No liability shall attach to Pacific by reason of entering into this Agreement except as expressly provided herein. c) Should a wurt of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the everit of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Auburn and Pacific, its officers, officials, employees, and volunteers, any damages allowed shall be levied in proporaon to the percentage of negligence attributable to each party, and each parly shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. It is further specifically and expressly understood that the indemnification provided herein consdtutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. d) AUBURN SHALL HAVE NO LIABILITY FOR, AND SHALL BE HELD HARMLESS FROM AND AGAINST, ALL CLAIMS, DAMAGES, LIABILITlES AND COSTS ARISING OUT OF OR RELATING TO THE PRESENCE, DISCOVERY, OR FAILURE TO DISCOVER, REMOVE, ADDRESS, REMEDIATE OR CLEANUP ENVIRONMENTAL OR BIOLOGICAL HAZARDS RESULTING FROM PACIFIC DELNERIES OR OTHERWISE ATTRIBUTABLE TO PAQFIC, SPECIFICALLY INCLUDING, BUT NOT LIMlI'ED T0, MOLD, FUNGUS, HAZARDOUS WASTE, SUBSTANCES OR MATERIALS. 9. RESOLUTION OF DISPUTES AND GOVERNING LAW a) Alternative Dispute Resoludon If a dispute arises from or relates to this Agreement or the breach thereof and if the dlspute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an ami ble manner by mediation before resortlng to arbitration. The mediator may be selected by agreement of the parties. Following mediation, or upon written agreement of the parties to waive medlation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through arbitretion. The arbitretor may be selected by agreement of the parties or through IGng County court procedu es. All fees and expenses for mediation or arbitration shall be bome by the partles equally. However, each parry shail bear Resolution No. 5036 January 13, 2013 Exhibft A Page 4 of 6RES.E Page 213 of 215 the expense of its own counsel, experts, witnesses and preparation and presentation of evidence. b) 9 olicable Law and ]urisdiction This Agreement shail be govemed by the laws of the State of Washington. Although the agreed to and designated primary dispute resolution method as set forth above, in the everrt any claim, dispute or action arising from or relating to this Agreement cannot be submitted to arbitration, then itshall be commenced exclusiyely in the King Counry Superior Court or the United States District Court, Western District of Washington as appropriate. The prevailing party in any such action before the courts shall be. entitled to recover its costs of suit and reasonable attorneys' fees. 10. WRITTEN NOTICE All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effectfve three (3) 6usinessdays after the date of mailing by registered or certified mail, and shall be deemed sufficientiy giVen.if sent to the addressee at the address stated in this Agreement or such other ad.dress as rrfay be hereafter specified in writing. If written notice is provided by electronic mail (e-maip, then suchwritten notice shall'become effective one (1) business dayafter it is successfully sent. 11. NON-DISCRIMINATION Parties shall not discriminate in any manner related to this Agreement on the basis of race, color, national origin, sex, religion, age, mar tal status or disabiliry in employment or the provision of services. 12. SEVERABILITY If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be:affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties. Any modifications oramendments to this Agreement shall be in writing and shall be signed by each party. DATED this day of 2014. Resolution No. 5036 January 13, 2013 Exhibit A Page 5 of 6RES.E Page 214 of 215 CITY OF PACIFIC CITY OF AUBURN Leanne Guier, Mayor Nancy Backus, Mayor 100'3` Avenue SE 25 W. Main Street Pacific, WA 98047 Auburn, WA 98001 ATTEST: ATTEST: Amy Stevenson-Ness, ty Clerk Dani Daskam, ty Clerk APPROVED AS TO FORM: APP VE TO FORM: Kenyon Luce, Qty Attorney n Heid, Ciry Attomey Resolution No. 5036 January 13, 2013 Exhibit A Page 6 of 6RES.E Page 215 of 215