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Home My WebLink About05-05-2014 CITY COUNCIL AGENDA PACKET City Council Meeting May 5, 2014 - 7:30 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1. Proclamation - Puget Sound Starts Here Month Mayor Backus to proclaim May 2014 as "Puget Sound Starts Here" month in the city of Auburn. 2. Diversity Culture Celebration Carla Carrizosa representing Gildo Rey Elementary and Mt. Baker Middle School to invite Mayor Backus and City Councilmembers to the June 12th Regional Diversity Culture Celebration D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City 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. April 28, 2014 Minutes* (Peloza) B.Planning & Community Development 1. April 28, 2014 Minutes* (Holman) C.Public Works Page 1 of 198 1. April 21, 2014 Minutes* (Osborne) D.Finance 1. April 21, 2014 Minutes* (Wales) E.Les Gove Community Campus F.Council Operations Committee 1. April 28, 2014 Meeting* (Wagner) G.Junior City Council 1. April 21, 2014 Meeting (Wagner) 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 April 21, 2014 regular City Council meeting* B. Claims Vouchers (Wales/Coleman) Claims check numbers 428357 through 428545 in the amount of $1,043,848.88 and five wire transfers in the amount of $44,953.09 and dated May 5, 2014. C. Payroll Vouchers (Wales/Coleman) Payroll check numbers 534645 through 534679 in the amount of $268,556.09, and electronic deposit transmissions in the amount of $1,326,363.85 for a grand total of $1,594,919.94 for the period April 17, 2014 to April 30, 2014. D. Century West Task Assignment* (Peloza/Coleman) City Council to approve Task Assignments with Century West to perform administrative bidding services (Task 1) and project management (Task 2) for the airport crack sealing and slurry seal project. E. Public Works Project No. CP1208* (Osborne/Snyder) City Council grant permission to advertise for bids for Project No. CP1208, Sewer Pump Station Improvements F. Public Works Project No. CP1104* (Osborne/Snyder) City Council grant permission to advertise for bids for Project No. CP1104, 8th Street NE and 104th Avenue SE Intersection Improvements, Contract 14-09 (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 Page 2 of 198 A. Ordinance No. 6504* (Wagner/Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.08 of the Auburn City Code establishing an independent salary commission (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6504.) B. Ordinance No. 6507* (Holman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Bry's Cove (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6507.) VIII.RESOLUTIONS A. Resolution No. 5059* (Peloza/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from King Conservation District and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds (RECOMMENDED ACTION: City Council adopt Resolution No. 5059.) B. Resolution No. 5062* (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing to consider a Franchise Agreement with TW Telecom of Washington LLC (RECOMMENDED ACTION: City Council adopt Resolution No. 5062.) C. Resolution No. 5064* (Osborne/Snyder) 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 the U.S. Geological Survey for water resources investigations (RECOMMENDED ACTION: City Council adopt Resolution No. 5064.) D. Resolution No. 5066* (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to amend the Memorandum of Agreement with Pierce County for the purpose of providing road services (RECOMMENDED ACTION: City Council adopt Resolution No. 5066.) E. Resolution No. 5067* (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for, and if awarded, to accept federal grant funds in the amount of $450,000.00 from the Federal Aviation Administration, and State Grant Funds in the amount of $25,000.00 from the Washington State Department of Transportation Aviation Division for various airport improvements, and authorizing the execution of the grant agreement therefor Page 3 of 198 (RECOMMENDED ACTION: City Council adopt Resolution No. 5067.) F. Resolution No. 5068* (Wales/Hursh ) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Interlocal Agreement between the City of Auburn and Snohomish County for mutual assistance, and to donate staff time related to the State Route 530 flood and mudslide (RECOMMENDED ACTION: City Council adopt Resolution No. 5068.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: April 28, 2014 Minutes Date: May 1, 2014 Department: Police Attachments: April 28, 2014 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:May 5, 2014 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 198 Municipal Services Committee April 28, 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, Finance Director Shelley Coleman, City Attorney Dan Heid, Parks, Arts & Recreation Director Daryl Faber and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Virginia Haugen and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications CENTURY WEST TASK ASSIGNMENT (COLEMAN) Finance Director Shelley Coleman briefed the Committee on the Task Assignment for Century West (CW). They are the consulting engineers for the Auburn Municipal Airport Agreement. CW's Engineer will be on-site conducting testing. The project manager will perform administrative services and support the on-site work. Committee discussion followed. Vice Chair Osborne moved to forward the Century West Task Assignment to full Council for approval. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 _______________________________________ RESOLUTION NO. 5067 (COLEMAN) Shelley Coleman, Finance Director, provided information on Resolution No. 5067 which authorizes the City to apply for, and if Page 1 of 4 MS.1 Page 6 of 198 awarded, to accept federal and state grant funds to be used towards various airport improvements. Included would be upgrades to the security camera gate access system, an obstruction survey for GPS approach and to acquire land from King County to protect approaches. The application is for state grant funds which is due on April 30, 2014. The federal funds are shown on the application as the State manages the City's federal application, as well. Committee discussion followed. Vice Chair Osborne moved to forward Resolution No. 5067 to full Council for consideration. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 II. CONSENT AGENDA A. April 14, 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. Resolution No. 5059 (Faber) Parks, Arts & Recreation Director Daryl Faber reported on the King Conservation District's (KCD) grant for the Auburn International Farmers Market. The City of Auburn is a member city of the KCD and this is the third consecutive year that the City has applied for funds to assist with marketing and events. The City has been awarded $15,000.00 from KCD; $12,500.00 will be used for marketing and $2,500.00 for demonstrations and education. Committee discussion followed. Vice Chair Osborne moved to forward Resolution No. 5059 to full Council for consideration. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Red Light Photo Enforcement (Lee) Bill Pierson, Assistant Chief of Police, reported on Red Light Photo Enforcement for the 1st quarter of 2014. Red Light violations continue to show an overall reduction when compared to the previous 1st Page 2 of 4 MS.1 Page 7 of 198 quarter figures dating back to 2010. Chair Peloza inquired about the increase from 2013 at 8th/Harvey (SB) and whether or not records indicate the time of day for the violations. AC Pierson stated that staff will research whether or not this information is tracked and will provide the data on the next quarterly report, if it is available. School zone violations continue to show reductions, as well, with the exception of Mt. Baker. The number of collisions and injuries also decreased except for the intersection at 8th Street NE and Harvey Rd NE. Chair Peloza believes that it would be beneficial to know the types of collisions that are occurring at this intersection. AC Pierson will research this type of information for the next quarterly report. Finance Director Shelley Coleman provided a financial update on the RedFlex for the same period. Committee discussion followed. B. Cemetery Update (Faber) Parks, Arts & Recreation Director Daryl Faber updated the Committee on the Cemetery for the 1st quarter of 2014. Cemetery operations were consistent with last year. Interments increased, there was a slight increase in revenue and expenditures remained at the same level. The financial statement provided by Finance Director Shelley Coleman shows the net working capital increased by almost $58,000.00 in the first period. Expenditures will increase with Summer coming up as seasonal workers are brought on board. The cemetery is still trending in the right direction and along with additional marketing efforts will continue to improve on the quality of recognition throughout the area. Committee discussion followed. C. Animal Control Licensing Program/AVHS Board Review (Coleman) Finance Director, Shelley Coleman, provided an update on the Auburn Valley Humane Society (AVHS) Board meetings and Animal Control Licensing operations for 1st quarter 2014. Licensing revenues are up over the last year with the average being just over $12,000.00. With a goal of $240,000.00 licensing revenue would need to average $20,000.00 per month. Based on the reports the Veterinary offices have not been selling licenses. Director Coleman shared that the City and King County Regional Animal Services are aware that on average about 18-20% of the pets get licensed which means there is a large population that are not being captured. King County is working towards requiring veterinarians to submit information whenever a pet receives a rabies vaccination. The information would then be sent to the specific jurisdiction (City of Auburn, for example) for them to follow-up on licensing. For local veterinarians selling licenses is not a priority but having a requirement to comply on the rabies vaccinations would benefit license revenues. The AVHS reports that adoption rates for cats have increased which means shelter numbers have decreased considerably. Operations and fund raising year to date for Shelter revenue totaled $165,268.00 which is 106% of the combined Page 3 of 4 MS.1 Page 8 of 198 YTD revenue budget. Committee discussion followed. D. SCORE Jail Stats (Coleman) Shelley Coleman, Finance Director, briefed the Committee on SCORE jail statistics through March 2014. The Adult Daily Population (ADP) for 2015 has been established based on the average ADP from 4/1/2013 through 3/31/2014. Auburn's average ADP for 2015 is set at 69. This represents a percentage drop from 27.36% to 23.81%; a 3.55% decrease. For the first time, Auburn will not be in the top two of member cities as far as average ADP. SCORE's 2015 operating budget has not been determined but contract beds have increased significantly over the past 12 months. Finance is projecting the 2015 budget to be in the $24M range. Committee discussion followed. E. Project Matrix The 'Review Dates' were updated for Items 10P, 21P, 29P, 31P and 6I. V. ADJOURNMENT The meeting was adjourned at 4:21 pm. The next regular meeting of the Municipal Services Committee is scheduled for Monday, May 12, 2014 in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this __________ day of May, 2014. _________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 4 of 4 MS.1 Page 9 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: April 28, 2014 Minutes Date: April 29, 2014 Department: Planning and Development Attachments: April 28, 2014 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Holman Staff: Meeting Date:May 5, 2014 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 10 of 198 Planning and Community Development April 28, 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, Assistant Director of Community Development Services Jeff Tate, Economic Development Manager Doug Lein, Environmental Services Manager Chris Andersen, Environmental Services Planner Jamie Kelly, Engineering Aide Amber Mund, and Community Development Secretary Tina Kriss. Members of the Public present were: Councilmember Peloza, Russ Campbell, Jean Lix, and Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications The order of the agenda was changed. Discussion Item III.B. will be held later in the meeting and Discussion Item III.D. will take place after the III.F. Downtown Parking Management Plan. II. CONSENT AGENDA A. Minutes - April 14, 2014 (Tate) Member Trout moved and Vice-Chair Wales seconded to approve the April 14, 2014 Planning and Community Development Committee minutes as written. Motion carried unanimously. 3-0 III. DISCUSSION ITEMS A. Resolution No. 5062 (Mund) Page 1 of 4 PCD.1 Page 11 of 198 Engineering Aide Amber Mund provided the staff report on Resolution No. 5062, to set the public hearing to consider a Franchise Agreement with tw telecom of washington, llc. Ms. Mund explained Ordinance No. 6506 would allow tw telecom of washington llc a Franchise Agreement to lease facilities from other companies and in the future potentially build facilities. If they were to build facilities a review would be required through the City's permitting and engineering process. B. Theater Lease (Faber) Director Kevin Snyder, standing in for Parks, Arts and Recreation Director Daryl Faber reported that Director Faber and his team are currently working on a scope of work in preparation to work with a consultant to assist the City in looking at strategic approaches to arts and cultural opportunities. As part of this strategic approach the City would be reviewing the Auburn Avenue Theater program, the City is nearing the half-way point of the Auburn Avenue Theater lease. Staff confirmed this item will be brought back to the Committee for discussion. C. Update Briefing Regarding Auburn Environmental Park Restoration Efforts (Andersen) Environmental Planner Jamie Kelly provided a PowerPoint presentation to update the Committee on the development of the Auburn Environmental Park (AEP) restoration efforts. An overview was provided regarding the park improvements and grant funded improvements that have taken place in the park. Staff also shared various service and education opportunities the park has provided to our community. The Committee and staff discussed current and ongoing projects and future improvements and the restoration of the AEP. A discussion was held regarding future connectivity of the AEP and the availability of future parking areas. D. Floodplain Development Regulation Policy Discussion (Andersen) Environmental Services Manager Chris Andersen provided background information on the City's Flood Hazard Area regulations adopted in 2010, the new requirements of the 2013 revised Federal Emergency Management Agency (FEMA) Model Ordinance for floodplain development, and options for implementation of the revised FEMA Model Ordinance in Auburn. Staff distributed a map to review the current locations of the City’s Special Flood Hazard Areas (SFHAs), Riparian Habitat Zones (RHZs) and Channel Migration Areas (CMAs). The Committee and staff discussed the option presented by the revised Model Ordinance to potentially remove some of the RHZ and CMA areas from the City’s regulatory floodplain. The Committee and staff discussed floodplain Habitat Assessments, and Chair Holman asked staff to provide more Page 2 of 4 PCD.1 Page 12 of 198 information on Habitat Assessments at a future meeting, which staff indicated they would do. The Committee and staff reviewed a summary of structures and parcels located in the City of Auburn Regulatory Floodplain. A discussion was held on the options available to the City in formulating Auburn’s Flood Hazard Area regulations and the potential for making changes to the RHZ and CMA that would limit these zones to SFHA, or whether the City should maintain the current geography of these areas. A third, hybrid, option was also discussed. This option could limit the RHZ and CMA to the SFHA in heavily developed areas which tend to have less habitat value, and could maintain the current extent of these areas in more sensitive, undeveloped locations that have greater habitat value. The Committee agreed that they would like staff to recommend an option that would best balance providing development applicants with options for meeting the requirements and would not unnecessarily impose regulatory requirements on areas that are already substantially developed, while at the same time would provide for protection of more sensitive environmental areas located within the City’s floodplains. Staff indicated they will develop a recommended update of the regulations and return to present that to the Committee. E. Communal Residences (Tate) Community Development Services Assistant Director Tate updated the Committee as to the status of the City's implementation of Ordinance No. 6477, passed by City Council on September 3, 2013, establishing rules and procedures that regulate the renting of homes within residential zoning designations. Staff reviewed the approved communal residences, code enforcement priority properties, and the next steps by staff in the process of continuing to implement the communal residence program. Assistant Director Tate reported that the City will begin compliance efforts this next week with Priority 1 properties functioning as a communal residence. Staff is also updating the City’s website and the creation of more resources for tenants, property owners, and neighbors that are located near rentals. The proposed changes will be posted in May. A review of the business license renewal process for rental properties is also taking place, there may be some future adjustments in that process. The Committee and staff discussed the feedback from both tenants and the public on the program. Chair Holman invited members of the audience forward for comment. Russ Campbell, 31606 126th Ave SE, Auburn Page 3 of 4 PCD.1 Page 13 of 198 After the Committee and staff discussed future compliance efforts on priority properties, Mr. Campbell expressed that individuals will try and circumvent new regulations or work within the rules, he stated that he is hopeful that the two conditional use permits going before the Hearing Examiner next month will bring forth participation from the community. Mr. Campbell also stated he was told that the Homestay program at Green River Community College was advertising the allowance of three (3) students per home. Mr. Campbell expressed his gratitude for the efforts by the City and Lea Hill community members as they continue to address communal residences. F. Downtown Parking Management Plan (Tate) Assistant Director Tate explained that the City of Auburn enacted a Downtown Parking Management Plan under Resolution No. 5031 on February 3, 2014. Staff reviewed the implementation of the plan to date and the proposed long-term goals. Staff also reviewed the status of the City's parking permit program. Assistant Director Tate stated that staff will continue to implement various action items of the plan and review and evaluate the data in order to continue to plan and implement future tasks. G. Director's Report (Tate) Assistant Director Tate reported on the status of several businesses that have had enforcement actions by the Auburn Code Enforcement division recently. H. PCDC Status Matrix (Tate) After the Committee reviewed the matrix, Chair Holman asked that the date of item No. 6, Theater Lease, be changed to May 12, 2014. IV. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 7:20 p.m. Approved this ______________, day of ____________, 2014. ____________________________________________ John Holman, Chairman ____________________________________________ Tina Kriss, Community Development Secretary Page 4 of 4 PCD.1 Page 14 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: April 21, 2014 Minutes Date: April 29, 2014 Department: Public Works Attachments: Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: See attached draft minutes. Reviewed by Council Committees: Councilmember:Osborne Staff: Meeting Date:May 5, 2014 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 15 of 198 Public Works Committee April 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/City Engineer Ingrid Gaub, Finance Director Shelley Coleman, Acting Utilities Engineer Susan Fenhaus, Transportation Manager Pablo Para, Storm Drainage Engineer Tim Carlaw, Development Review Engineer Jason Krum, Street Systems Engineer Jai Carter, Project Engineer Seth Wickstrom, Traffic Engineer James Webb, Senior Project Engineer Jacob Sweeting, M&O Support Manager Janine Poulsen, Planning Services Manager Elizabeth Chamberlain and Public Works Secretary Molly Hoisington. B. Announcements There were no announcements. C. Agenda Modifications There were no modifications to the agenda. II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, April 7, 2014. Motion carried 3-0. III. ACTION A. Dunda Leak Adjustment (Coleman) Finance Director Coleman explained that this item was discussed at Page 1 of 6 PW.1 Page 16 of 198 the last Public Works Committee meeting. The proposed leak adjustment is in the amount of $2,943.96. Chairman Osborne confirmed that this includes a requirement for a settlement agreement. Finance Director Coleman confirmed and stated Legal will need draft the settlement agreement. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council approve Dunda Leak Adjustment. Motion carried 3-0. B. Surface Water Management Manual Revisions to Volumes 1, 3, 5, & Manual Preface (Carlaw and Krum) Approve the 2009 City of Auburn Surface Water Management Manual revisions to Volumes 1, 3, 5 & Manual Preface as shown in Attachment A Storm Drainage Engineer Carlaw and Development Review Engineer Krum introduced themselves to the Committee. Storm Drainage Engineer Carlaw explained the need for the revisions. Storm Drainage Engineer Carlaw responded to a question that was asked by Member DaCorsi regarding the language on page 25. Storm Drainage Engineer Carlaw and Development Review Engineer Krum answered a question asked by Chairman Osborne regarding the software system requirements. Storm Drainage Engineer Carlaw replied to a question asked by Chairman Osborne regarding terminology used in the revision. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Surface Water Management Manual Revisions. Motion carried 3-0. C. Public Works Project No. C512A (Wickstrom) Grant permission to advertise for bids for Project No. C512A, Well 4 Emergency Power Improvements Project Engineer Wickstrom explained that staff is asking for permission to advertise for the Well 4 project. This project will provide emergency power, upgrade the chlorination system, and install security fencing at the facility. Bidding is anticipated to start in May, construction possibly in July but may be delayed due to water demand in July. Page 2 of 6 PW.1 Page 17 of 198 Project Engineer Wickstrom replied to a question asked by Chairman Osborne regarding construction of a new building to house the chlorination system and generator. Acting Utilities Engineer Fenhaus responded to a question asked by Chairman Osborne regarding how often the existing pump runs. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council grant permission to advertise for bids for Project No. C512A, Well 4 Emergency Power Improvements. Motion carried 3-0. D. Public Works Project No. CP1024 (Sweeting) Grant permission to advertise for bids for Project No. CP1024, Auburn Way S and M Street SE Intersection Improvements, Contract 14-06 Senior Project Engineer Sweeting explained this project will add a right turn lane to Auburn Way South when traveling westbound towards M Street SE. It will also re-align the intersection with 17th Street to be perpendicular with Auburn Way South. Senior Project Engineer Sweeting responded to a question asked by Chairman Osborne regarding the Puget Sound Energy work. Transportation Manager Para responded to a question asked by Chairman Osborne that there will be an addition of a right turn arrow to the signal. Vice-Chair Peloza made a comment regarding the property acquisitions for this project which are complete. Senior Project Engineer Sweeting answered a question asked by Vice-Chair Peloza regarding the bid process. Senior Project Engineer Sweeting responded to a question asked by Chairman Osborne regarding potential cost impacts. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council grant permission to advertise for bids for Project No. CP1024, Auburn Way South and M Street SE Intersection Improvements, Contract 14-06. Motion carried 3-0. E. Public Works Project No. C524A (Sweeting) Award Contract No. 14-05 to R.L. Alia Company on their low bid of $473,485.35 plus Washington State sales tax of $44,969.45 for a total Page 3 of 6 PW.1 Page 18 of 198 contract price of $518,454.80 for Project No. C524A Utility Physical Site Improvements Senior Project Engineer Sweeting explained this project is part of the SCADA Upgrades project and will construct security upgrades including site fencing, equipment panel shelters, gates, and other enhancements at various sewer, storm and water facilities throughout the City. Senior Project Engineer Sweeting responded to a question asked by Chairman Osborne regarding project funding. Assistant Director of Engineering/City Engineer Gaub answered a question asked by Chairman Osborne regarding the Engineer’s Estimate and sales taxes. Senior Project Engineer Sweeting replied to a question asked by Member DaCorsi regarding the contractor indicating that the City has worked with this contractor on a previous project. It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee recommend City Council award Contract No. 14- 05 to R.L. Alia Company on their low bid of $473,485.35 plus Washington State sales tax of $44,969.45 for a total contract price of $518,454.80 for Project No. C524A Utility Physical Site Improvements. Motion carried 3-0. IV. DISCUSSION ITEMS A. Resolution No. 5063 (Bailey) A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal M&O Support Manager Paulson was present to address any questions from the Committee. There were no questions. B. Draft 2015-2020 Transportation Improvement Plan (Webb) Traffic Engineer Webb and Transportation Manager Para responded to a question asked by Vice-Chair Peloza regarding the Summary of Proposed Amendments to the 2014-2019 TIP on the Memorandum. Transportation Manager Para answered a question asked by Chairman Osborne regarding the additions on the Memorandum. Transportation Manager Para clarified information on page 34 per the request from Member DaCorsi. Page 4 of 6 PW.1 Page 19 of 198 Member DaCorsi, Chairman Osborne, Assistant Director of Engineering/City Engineer Gaub and Transportation Manager Para had a brief discussion regarding railroad crossing safety improvements. C. 2014 Local Street Reconstruction Project Briefing (CP1323) (Carter) Street Systems Engineer Carter explained this is in an effort to increase open communications with the public and provide public outreach to the citizens that are affected by our projects. Currently, the plan is to have four different open houses at local schools near the streets that are proposed to be improved. The open houses will advise citizens what they can expect to see during construction and who they can contact if there are any issues or comments. A project timeline will also be presented and attendees will have an opportunity to voice their comments or concerns. Street Systems Engineer Carter briefed Committee on the four project sites: H Street SE design features - Roadway reconstruction to preserve the existing width - Improved drainage and safety features - Existing roadway does not have sidewalk and curbs and the project will not complete these - Parking is not being accommodated due to the narrowness of the road, this may be a concern at the open house K Street NE design features - Roadway and curb reconstruction - Installation of water and sewer lines - Sidewalk patching is anticipated but is not proposed to be complete replacement, this may be a concern at the open house 24th Street SE design features - Roadway and curb reconstruction - Installation of water line - Sidewalk patching is anticipated but is not proposed to be complete replacement - No significant issues are anticipated at this open house 3rd street will likely be constructed during 2015 due to budget constraints. Street Systems Engineer Carter responded to a question asked by Chairman Osborne regarding property easements on the H Street SE project site. Page 5 of 6 PW.1 Page 20 of 198 There was a brief discussion amongst Street System Engineer Carter, Assistant Director of Engineering/City Engineer Gaub and Chairman Osborne in response to a question asked by Chairman Osborne regarding the parking issue on the H Street SE project site. Assistant Director of Engineering/City Engineer Gaub, Chairman Osborne, Vice-Chair Peloza and Street System Engineer Carter briefly discussed the sidewalk patching associated with the K Street NE project site. D. Capital Project Status Report (Sweeting) Item 22 – 37th St & B St NW BNSF Pre-Signal: Answering a question asked by Member DaCorsi, Senior Project Engineer Sweeting explained what the improvements of the project are. Item 31 – BNSF/EVH Pedestrian Undercrossing: Assistant Director of Engineering/City Engineer Gaub responded to a question asked by Member DaCorsi regarding project funding and the reason the project is currently on hold. E. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Item 2 – 17th Street SE, K St SE to F St SE – Gas Main Replacement: Assistant Director of Engineering/City Engineer Gaub provided an update on paving in response to a question asked by Chairman Osborne. F. Action Tracking Matrix (Gaub) Item F – Amberview Apartments Sewer Odor: Vice-Chair made a comment that he has not heard any complaints about odor. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:27 p.m. Approved this ___ day of ________, 2014. _______________________ __________________________ Wayne Osborne Molly Hoisington Chairman Public Works Department Secretary Page 6 of 6 PW.1 Page 21 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: April 21, 2014 Minutes Date: April 30, 2014 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wales Staff: Meeting Date:May 5, 2014 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 22 of 198 Finance Committee April 21, 2014 - 5:00 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair Largo Wales called the meeting to order at 5:00 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, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, Innovation and Technology Director Ton Tiedeman, Interim Director of Human Resources and Risk Management Rob Roscoe, Assistant Director of Engineering Services and City Engineer Ingrid Gaub, and Deputy City Clerk Shawn Campbell. B. Announcements There was no announcement. C. Agenda Modifications There was no agenda modification. II. CONSENT AGENDA A. April 7, 2014 Minutes Vice Chair Holman moved and Member Trout seconded to approve the April 7, 2014 minutes as distributed. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (coleman) Claims Voucher Numbers 428093 through 428356 in the amount of $4,339,932.99 and three wire transfers in the amount of $2,946.06 and dated April 21, 2014. Committee members reviewed claims and payroll vouchers and briefly discussed claims vouchers 428907, 428299, and 428097. Chair Wales discussed pet licensing refunds. She requested staff create processes to reduce the number of pet license refunds. Page 1 of 3 FN.1 Page 23 of 198 Chair Wales requested a discussion item be added to the next Finance Committee agenda regarding the salary for maintenance workers at the Mountain View Cemetery. Vice Chair Holman moved and Member Trout seconded to approve the claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers Check numbers 534613 through 534644 in the amount of $840,117.90, electronic deposit transmissions in the amount of $1,277,350.45 for a grand total of $2,117,468.35 for the period covering April 3, 2014 to April 21, 2014. See claims vouchers above for approval of payroll vouchers. III. RESOLUTIONS A. Resolution No. 5045 (Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a second addendum to the interlocal agreement between the City of Auburn and the City of Pacific for information services technology Director Tiedeman stated Resolution No. 5045 updates an interlocal with the City of Pacific. The agreement incorporates new services and extends the term to three years. Vice Chair Holman moved and Member Trout seconded to approve Resolution No. 5045. MOTION CARRIED UNANIMOUSLY. 3-0 B. Resolution No. 5046 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the contribution and withdrawal of City monies in the State of Washington Local Government Investment Pool Director Coleman explained that jurisdictions participating in the State of Washington Local Government investment pool must update their resolution authorizing contributions and withdrawals. Vice Chair Holman moved and Member Trout seconded to approve Resolution No. 5046. MOTION CARRIED UNANIMOUSLY. 3-0 C. Resolution No. 5063 (Snyder) A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal Assistant Director Gaub stated Resolution No. 5063 surpluses items no longer needed by the City. Page 2 of 3 FN.1 Page 24 of 198 Member Trout moved and Vice Chair Holman seconded to approve Resolution No. 5063. MOTION CARRIED UNANIMOUSLY. 3-0 IV. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 5:23 p.m. APPROVED this ______ day of ________________, 2014. ____________________________ ______________________________ LARGO WALES, CHAIR Shawn Campbell, Deputy City Clerk Page 3 of 3 FN.1 Page 25 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: April 28, 2014 Meeting Date: April 30, 2014 Department: Administration Attachments: April 21, 2014 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:May 5, 2014 Item Number:COC.1 AUBURN * MORE THAN YOU IMAGINEDCOC.1 Page 26 of 198 City Council Meeting April 21, 2014 - 7:30 PM Auburn City Hall MINUTES 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 Rich Wagner, Bill Peloza, Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and Yolanda Trout. Department Directors and staff members present: City Attorney Daniel B. Heid, Chief of Police Bob Lee, Economic Development Manager Doug Lein, Director of Administration Michael Hursh, Innovation and Technology Director Ron Tiedeman, Interim Human Resources and Risk Management Director Rob Roscoe, Finance Director Shelley Coleman, Park, Arts and Recreation Director Daryl Faber, Assistant Director of Engineering Services and City Engineer Ingrid Gaub, Emergency Preparedness Manager Sarah Miller and Deputy City Clerk Shawn Campbell. C. Announcements, Appointments, and Presentations 1. Proclamation - National Day of Prayer Mayor Backus to declare May 1, 2014 as National Day of Prayer in the City of Auburn. Mayor Backus read and presented a proclamation declaring May 1, 2014 as National Day of Prayer in the City of Auburn to Marge Gordon. Marge Gordon invited everyone to join them at City Hall on Thursday, May 1st from noon to 1:00p.m. 2. Emergency Management Presidential Volunteer Service Awards Presentation Mayor Backus to recognize recipients of the Emergency Management Presidential Volunteer Service Award. Mayor Backus recognized Cory Blair, Diane Costenbader, Page 1 of 8 COC.1 Page 27 of 198 Christopher Cushing, Joseph Cushing, Kim Cushing, Tyler Cushing and Richard Lundstrom for earning the Presidential Volunteer Service Award. Emergency Preparedness Manager Sarah Miller noted the service award level and accomplishments of each recipient. 3. Boards and Commissions Appointments City Council to confirm the appointment of Brooksie D. Hall to the Urban Tree Board for a term to expire December 31, 2016. Deputy Mayor Wagner moved and Councilmember Peloza seconded to confirm the appointment of Brooksie D. Hall to the Urban Tree Board. MOTION CARRIED UNANIMOUSLY. 7-0 D. Agenda Modifications There was no agenda modification. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Elam Anderson, 301 23rd Ave ST SE, Auburn Mr. Anderson stated that people are responsible for their life, not God. He asked that people examine the part they play in their problems. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met April 14, 2014. The Committee discussed Resolution No. 5045 regarding the second addendum to the interlocal agreement between the City of Auburn and the City of Pacific for information services technology, the operations at the Auburn Valley Humane Society and the street sweeping schedule. The next regular meeting of the Municipal Services Committee is scheduled for April 28, 2014 at 3:30 p.m. Page 2 of 8 COC.1 Page 28 of 198 B. Planning & Community Development Chair Holman reported the Planning and Community Development Committee met on April 14, 2014. The Committee received presentations from Laura Theimer and Laura Westergard from the Auburn Downtown Association on the Downtown Association's 2014 plans and activities, Economic Development Manager Doug Lein on the Economic Development of the City and from Assistant Director of Community Development Services Jeff Tate who provided an overview of the City's addressing policy. The Committee forwarded to full Council for consideration Resolution No. 5059 regarding acceptance of a grant from King Conservation District. The next regular meeting of the Planning and Community Development Committee is scheduled for April 28, 2014. C. Public Works Chair Osborne reported the Public Works Committee met this afternoon at 3:30 p.m. The Committee reviewed a leak adjustment, surface water management manual revisions, and Public Works Projects C512A, CP1024 and C524A. The Committee also discussed Resolution No. 5063 regarding surplusing, the 2015 - 2020 Transportation Improvement Plan and the 2014 Local Street Reconstruction Project. The next regular meeting of the Public Works Committee is scheduled for May 5, 2014. D. Finance Chair Wales reported the Finance Committee met this evening at 5:00. The Committee reviewed claims vouchers in the amount of $4.3 million and payroll vouchers in the amount of $2.1 million. The Committee forwarded to full Council for consideration Resolution No. 5045 regarding second addendum to the interlocal agreement between the City of Auburn and the City of Pacific for information services technology, Resolution No. 5046 authorizing the contribution and withdrawal of City monies in the State of Washington Local Government Investment Pool and Resolution No. 5063 declaring certain items of property as surplus and authorizing their disposal. The next regular meeting of the Finance Committee is scheduled for May 5, 2014 at 5:00 p.m. E. Les Gove Community Campus The Les Gove Community Campus Committee has not met since the last Council Meeting. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for April 28, 2014. Page 3 of 8 COC.1 Page 29 of 198 G. Junior City Council Deputy Mayor Wagner reported the Junior City Council met this evening at 5:00. The Junior City Council discussed City parks and adding information regarding the Junior City Council on the City website. The next regularly scheduled meeting of the Junior City Council is May 19, 2014. 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 April 7, 2014 Regular City Council Meeting B. Minutes of the April 14, 2014 Special City Council Meeting C. Claims Vouchers (Wales/Coleman) Claims Voucher Numbers 428093 through 428356 in the amount of $4,339,932.99 and three wire transfers in the amount of $2,946.06 and dated April 21, 2014. D. Payroll Vouchers (Wales/Coleman) Check numbers 534613 through 534644 in the amount of $840,117.90, electronic deposit transmissions in the amount of $1,277,350.45 for a grand total of $2,117,468.35 for the period covering April 3, 2014 to April 21, 2014. E. Dunda Leak Adjustment (Osborne/Coleman) City Council to approve an appeal for an additional water utility adjustment in the amount of $2943.96, to account no. 069905-000. The customer previously received a credit for $500.00 for the water leak and $16,892.65 for sewer. F. Public Works Project No. C512A (Osborne/Snyder) City Council to grant permission to advertise for bids for Project No. C512A, Well 4 Emergency Power Improvements G. Public Works Project No. C524A (Osborne/Snyder) City Council to award Contract No. 14-05 to R.L. Alia Company on their low bid of $473,485.35 plus Washington State sales tax of $44,969.45 for a total contract price of $518,454.80 for Project No. C524A Utility Physical Site Improvements H. Public Works Project No. CP1024 (Osborne/Snyder) City Council to grant permission to advertise for bids for Project No. CP1024, Auburn Way S and M Street SE Intersection Improvements, Contract 14-06 Deputy Mayor Wagner moved and Councilmember Peloza seconded to approve the Consent Agenda. Page 4 of 8 COC.1 Page 30 of 198 The Consent Agenda includes minutes, claims and payroll vouchers, a leak adjustment and Public Works projects. MOTION CARRIED UNANIMOUSLY. 7- 0 V. UNFINISHED BUSINESS The was no unfinished business. VI. NEW BUSINESS The was no new business. VII. RESOLUTIONS A. Resolution No. 5045 (Wales/Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a second addendum to the interlocal agreement between the City of Auburn and the City of Pacific for information services technology Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5045. Councilmember Wales stated the resolution will change the term of the agreement to three years. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 5046 (Wales/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the contribution and withdrawal of City monies in the State of Washington Local Government Investment Pool Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5046. Councilmember Wales explained the City has been a part of the State of Washington Local Government Investment Pool since the early 1980's. The investment pool has requested all entities adopt this type of resolution. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 5058 (Heid) A Resolution of the City Council of the City of Auburn, Washington, expressing support for King County Transportation District Proposition No. 1 - Sales and Use Tax and Vehicle Fee for Transportation Improvements King County Transportation District Proposition No. 1 Sales and Use Tax and Vehicle Fee for Page 5 of 8 COC.1 Page 31 of 198 Transportation Improvements The Board of the King County Transportation District passed Resolution No. TD2014-03 concerning funding for Metro transit, roads and other transportation improvements. If approved, this proposition would fund, among other things, bus service, road safety and maintenance and other transportation improvements in King County cities and the unincorporated area. It would authorize the district to impose, for a period of ten years, a sales and use tax of 0.1% under RCW 82.14.0455 and an annual vehicle fee of sixty dollars ($60) per registered vehicle under RCW 82.80.140 with a twenty dollar ($20) rebate for low-income individuals. Deputy Mayor Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 5058. Deputy Mayor Wagner stated the proposition moves toward improvements for streets and transportation in King County. Mayor Backus asked for opposing views from the audience. No citizens came forward to speak. Councilmember Osborne stated the proposition would give the City increased revenue for roads and transportation. Councilmember DaCorsi expressed concerns regarding the impact to the lower income population. The citizens with lower incomes currently have a hard time paying for their car tabs. If King County were to increase that amount, it would increase the burden to the lower income population MOTION CARRIED. 6-1 Councilmember DaCorsi votes no. D. Resolution No. 5063 (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5063. 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 Councilmember Trout reported she attended the Lion's Club Fishing Derby where Boy Scout Troop 401 volunteered at the event by Page 6 of 8 COC.1 Page 32 of 198 helping the younger children. She also attended the Lions Club Easter Egg hunt where over 125 children came to participate in the egg hunt. Councilmember Osborne reported he attended the Green River SWIFT symposium where they discussed the Army Corps of Engineers policy on Public Law No. 84-99 regarding trees and growth on levees. The symposium discussed raising the levees along the Green River. He also attended the Regional Transit Committee meeting where they discussed human trafficking and the ratio of riders sitting to standing on transit buses. Deputy Mayor Wagner reported attended the reception for the new Korean Consul General sponsored by King County Councilmember Pete Von Reichbauer. Councilmember Peloza reported he attended South Cities Association Regional Policy meeting where they discussed the regional transfer station and oil transportation, the King County Solid Waste Advisory Committee meeting, the South County Area Transportation Board meeting, and a presentation from the Washington State Department of Transportation regarding the gas tax and a presentation from the Puget Sound Regional Council on the Next Generation Air Transport System. He also attended the Terry Home ribbon cutting, and the Korean Consul General reception and the Chamber of Commerce awards dinner. Councilmember Holman reported he attended the Greater Seattle Global Cities Initiative project hosted by the University of Washington. The initiative is a joint project by the Brookings Institute and JP Morgan Chase. He explained the initiative is an expanded project from the research of the book Metropolitan Revolution by Bruce Katz regarding the rapid urbanization shifting the focus of global economic power. The goal of the initiative is to equip city leaders and policy makers with the information to bolster their position in the global community. Councilmember Wales stated she was on vacation and has no report. Councilmember DaCorsi reported he met with Auburn Youth Resources Director Jim Blanchart and toured the facility. He also attended the Korean Consul Generals reception. B. From the Mayor Mayor Backus reported she met with staff to start planning the next National Night Out on August 5, 2014. She met with King County Executive Dow Constantine for an economic development forum in conjunction with the Brookings Institute. She also met with King Page 7 of 8 COC.1 Page 33 of 198 County Councilmember Pete Von Reichbauer . She attended the 2014 Community Volunteer Luncheon, a tour of Orion Industries facility, the Arbor Day celebration, an open house for the Auburn Valley Creative Arts group, Chamber of Commerce luncheon, the United States Gypsum event to donate funds to the local Red Cross for the victims of Oso, the Terry Home ribbon cutting, the Auburn Chamber of Commerce Annual Recognition of Service award dinner where Senator Joe Fain was recognized for his service to the community, the Veteran Affairs Advisory Committee, a fundraiser breakfast for Nick Konkler, and the Earth Day cleanup. Mayor Backus also met with King County Councilmember Pete Von Reichbauer and Jonnie Earl from Sound Transit regarding parking in the downtown area, the Sound transit parking structures and partnering opportunities IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:33 p.m. APPROVED this _____ day of May, 2014. _________________________ ______________________________ NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk Page 8 of 8 COC.1 Page 34 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the April 21, 2014 regular City Council meeting Date: April 29, 2014 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:May 5, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 35 of 198 City Council Meeting April 21, 2014 - 7:30 PM Auburn City Hall MINUTES 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 Rich Wagner, Bill Peloza, Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and Yolanda Trout. Department Directors and staff members present: City Attorney Daniel B. Heid, Chief of Police Bob Lee, Economic Development Manager Doug Lein, Director of Administration Michael Hursh, Innovation and Technology Director Ron Tiedeman, Interim Human Resources and Risk Management Director Rob Roscoe, Finance Director Shelley Coleman, Park, Arts and Recreation Director Daryl Faber, Assistant Director of Engineering Services and City Engineer Ingrid Gaub, Emergency Preparedness Manager Sarah Miller and Deputy City Clerk Shawn Campbell. C. Announcements, Appointments, and Presentations 1. Proclamation - National Day of Prayer Mayor Backus to declare May 1, 2014 as National Day of Prayer in the City of Auburn. Mayor Backus read and presented a proclamation declaring May 1, 2014 as National Day of Prayer in the City of Auburn to Marge Gordon. Marge Gordon invited everyone to join them at City Hall on Thursday, May 1st from noon to 1:00p.m. 2. Emergency Management Presidential Volunteer Service Awards Presentation Mayor Backus to recognize recipients of the Emergency Management Presidential Volunteer Service Award. Mayor Backus recognized Cory Blair, Diane Costenbader, Page 1 of 8 CA.A Page 36 of 198 Christopher Cushing, Joseph Cushing, Kim Cushing, Tyler Cushing and Richard Lundstrom for earning the Presidential Volunteer Service Award. Emergency Preparedness Manager Sarah Miller noted the service award level and accomplishments of each recipient. 3. Boards and Commissions Appointments City Council to confirm the appointment of Brooksie D. Hall to the Urban Tree Board for a term to expire December 31, 2016. Deputy Mayor Wagner moved and Councilmember Peloza seconded to confirm the appointment of Brooksie D. Hall to the Urban Tree Board. MOTION CARRIED UNANIMOUSLY. 7-0 D. Agenda Modifications There was no agenda modification. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Elam Anderson, 301 23rd Ave ST SE, Auburn Mr. Anderson stated that people are responsible for their life, not God. He asked that people examine the part they play in their problems. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met April 14, 2014. The Committee discussed Resolution No. 5045 regarding the second addendum to the interlocal agreement between the City of Auburn and the City of Pacific for information services technology, the operations at the Auburn Valley Humane Society and the street sweeping schedule. The next regular meeting of the Municipal Services Committee is scheduled for April 28, 2014 at 3:30 p.m. Page 2 of 8 CA.A Page 37 of 198 B. Planning & Community Development Chair Holman reported the Planning and Community Development Committee met on April 14, 2014. The Committee received presentations from Laura Theimer and Laura Westergard from the Auburn Downtown Association on the Downtown Association's 2014 plans and activities, Economic Development Manager Doug Lein on the Economic Development of the City and from Assistant Director of Community Development Services Jeff Tate who provided an overview of the City's addressing policy. The Committee forwarded to full Council for consideration Resolution No. 5059 regarding acceptance of a grant from King Conservation District. The next regular meeting of the Planning and Community Development Committee is scheduled for April 28, 2014. C. Public Works Chair Osborne reported the Public Works Committee met this afternoon at 3:30 p.m. The Committee reviewed a leak adjustment, surface water management manual revisions, and Public Works Projects C512A, CP1024 and C524A. The Committee also discussed Resolution No. 5063 regarding surplusing, the 2015 - 2020 Transportation Improvement Plan and the 2014 Local Street Reconstruction Project. The next regular meeting of the Public Works Committee is scheduled for May 5, 2014. D. Finance Chair Wales reported the Finance Committee met this evening at 5:00. The Committee reviewed claims vouchers in the amount of $4.3 million and payroll vouchers in the amount of $2.1 million. The Committee forwarded to full Council for consideration Resolution No. 5045 regarding second addendum to the interlocal agreement between the City of Auburn and the City of Pacific for information services technology, Resolution No. 5046 authorizing the contribution and withdrawal of City monies in the State of Washington Local Government Investment Pool and Resolution No. 5063 declaring certain items of property as surplus and authorizing their disposal. The next regular meeting of the Finance Committee is scheduled for May 5, 2014 at 5:00 p.m. E. Les Gove Community Campus The Les Gove Community Campus Committee has not met since the last Council Meeting. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for April 28, 2014. Page 3 of 8 CA.A Page 38 of 198 G. Junior City Council Deputy Mayor Wagner reported the Junior City Council met this evening at 5:00. The Junior City Council discussed City parks and adding information regarding the Junior City Council on the City website. The next regularly scheduled meeting of the Junior City Council is May 19, 2014. 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 April 7, 2014 Regular City Council Meeting B. Minutes of the April 14, 2014 Special City Council Meeting C. Claims Vouchers (Wales/Coleman) Claims Voucher Numbers 428093 through 428356 in the amount of $4,339,932.99 and three wire transfers in the amount of $2,946.06 and dated April 21, 2014. D. Payroll Vouchers (Wales/Coleman) Check numbers 534613 through 534644 in the amount of $840,117.90, electronic deposit transmissions in the amount of $1,277,350.45 for a grand total of $2,117,468.35 for the period covering April 3, 2014 to April 21, 2014. E. Dunda Leak Adjustment (Osborne/Coleman) City Council to approve an appeal for an additional water utility adjustment in the amount of $2943.96, to account no. 069905-000. The customer previously received a credit for $500.00 for the water leak and $16,892.65 for sewer. F. Public Works Project No. C512A (Osborne/Snyder) City Council to grant permission to advertise for bids for Project No. C512A, Well 4 Emergency Power Improvements G. Public Works Project No. C524A (Osborne/Snyder) City Council to award Contract No. 14-05 to R.L. Alia Company on their low bid of $473,485.35 plus Washington State sales tax of $44,969.45 for a total contract price of $518,454.80 for Project No. C524A Utility Physical Site Improvements H. Public Works Project No. CP1024 (Osborne/Snyder) City Council to grant permission to advertise for bids for Project No. CP1024, Auburn Way S and M Street SE Intersection Improvements, Contract 14-06 Deputy Mayor Wagner moved and Councilmember Peloza seconded to approve the Consent Agenda. Page 4 of 8 CA.A Page 39 of 198 The Consent Agenda includes minutes, claims and payroll vouchers, a leak adjustment and Public Works projects. MOTION CARRIED UNANIMOUSLY. 7- 0 V. UNFINISHED BUSINESS The was no unfinished business. VI. NEW BUSINESS The was no new business. VII. RESOLUTIONS A. Resolution No. 5045 (Wales/Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a second addendum to the interlocal agreement between the City of Auburn and the City of Pacific for information services technology Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5045. Councilmember Wales stated the resolution will change the term of the agreement to three years. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolution No. 5046 (Wales/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the contribution and withdrawal of City monies in the State of Washington Local Government Investment Pool Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5046. Councilmember Wales explained the City has been a part of the State of Washington Local Government Investment Pool since the early 1980's. The investment pool has requested all entities adopt this type of resolution. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 5058 (Heid) A Resolution of the City Council of the City of Auburn, Washington, expressing support for King County Transportation District Proposition No. 1 - Sales and Use Tax and Vehicle Fee for Transportation Improvements King County Transportation District Proposition No. 1 Sales and Use Tax and Vehicle Fee for Page 5 of 8 CA.A Page 40 of 198 Transportation Improvements The Board of the King County Transportation District passed Resolution No. TD2014-03 concerning funding for Metro transit, roads and other transportation improvements. If approved, this proposition would fund, among other things, bus service, road safety and maintenance and other transportation improvements in King County cities and the unincorporated area. It would authorize the district to impose, for a period of ten years, a sales and use tax of 0.1% under RCW 82.14.0455 and an annual vehicle fee of sixty dollars ($60) per registered vehicle under RCW 82.80.140 with a twenty dollar ($20) rebate for low-income individuals. Deputy Mayor Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 5058. Deputy Mayor Wagner stated the proposition moves toward improvements for streets and transportation in King County. Mayor Backus asked for opposing views from the audience. No citizens came forward to speak. Councilmember Osborne stated the proposition would give the City increased revenue for roads and transportation. Councilmember DaCorsi expressed concerns regarding the impact to the lower income population. The citizens with lower incomes currently have a hard time paying for their car tabs. If King County were to increase that amount, it would increase the burden to the lower income population MOTION CARRIED. 6-1 Councilmember DaCorsi votes no. D. Resolution No. 5063 (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal Councilmember Wales moved and Councilmember Holman seconded to adopt Resolution No. 5063. 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 Councilmember Trout reported she attended the Lion's Club Fishing Derby where Boy Scout Troop 401 volunteered at the event by Page 6 of 8 CA.A Page 41 of 198 helping the younger children. She also attended the Lions Club Easter Egg hunt where over 125 children came to participate in the egg hunt. Councilmember Osborne reported he attended the Green River SWIFT symposium where they discussed the Army Corps of Engineers policy on Public Law No. 84-99 regarding trees and growth on levees. The symposium discussed raising the levees along the Green River. He also attended the Regional Transit Committee meeting where they discussed human trafficking and the ratio of riders sitting to standing on transit buses. Deputy Mayor Wagner reported attended the reception for the new Korean Consul General sponsored by King County Councilmember Pete Von Reichbauer. Councilmember Peloza reported he attended South Cities Association Regional Policy meeting where they discussed the regional transfer station and oil transportation, the King County Solid Waste Advisory Committee meeting, the South County Area Transportation Board meeting, and a presentation from the Washington State Department of Transportation regarding the gas tax and a presentation from the Puget Sound Regional Council on the Next Generation Air Transport System. He also attended the Terry Home ribbon cutting, and the Korean Consul General reception and the Chamber of Commerce awards dinner. Councilmember Holman reported he attended the Greater Seattle Global Cities Initiative project hosted by the University of Washington. The initiative is a joint project by the Brookings Institute and JP Morgan Chase. He explained the initiative is an expanded project from the research of the book Metropolitan Revolution by Bruce Katz regarding the rapid urbanization shifting the focus of global economic power. The goal of the initiative is to equip city leaders and policy makers with the information to bolster their position in the global community. Councilmember Wales stated she was on vacation and has no report. Councilmember DaCorsi reported he met with Auburn Youth Resources Director Jim Blanchart and toured the facility. He also attended the Korean Consul Generals reception. B. From the Mayor Mayor Backus reported she met with staff to start planning the next National Night Out on August 5, 2014. She met with King County Executive Dow Constantine for an economic development forum in conjunction with the Brookings Institute. She also met with King Page 7 of 8 CA.A Page 42 of 198 County Councilmember Pete Von Reichbauer . She attended the 2014 Community Volunteer Luncheon, a tour of Orion Industries facility, the Arbor Day celebration, an open house for the Auburn Valley Creative Arts group, Chamber of Commerce luncheon, the United States Gypsum event to donate funds to the local Red Cross for the victims of Oso, the Terry Home ribbon cutting, the Auburn Chamber of Commerce Annual Recognition of Service award dinner where Senator Joe Fain was recognized for his service to the community, the Veteran Affairs Advisory Committee, a fundraiser breakfast for Nick Konkler, and the Earth Day cleanup. Mayor Backus also met with King County Councilmember Pete Von Reichbauer and Jonnie Earl from Sound Transit regarding parking in the downtown area, the Sound transit parking structures and partnering opportunities IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:33 p.m. APPROVED this _____ day of May, 2014. _________________________ ______________________________ NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk Page 8 of 8 CA.A Page 43 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: April 30, 2014 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims check numbers 428357 through 428545 in the amount of $1,043,848.88 and five wire transfers in the amount of $44,953.09 and dated May 5, 2014. Reviewed by Council Committees: Finance Councilmember:Wales Staff:Coleman Meeting Date:May 5, 2014 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 44 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: April 30, 2014 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 534645 through 534679 in the amount of $268,556.09, and electronic deposit transmissions in the amount of $1,326,363.85 for a grand total of $1,594,919.94 for the period April 17, 2014 to April 30, 2014. Reviewed by Council Committees: Finance Councilmember:Wales Staff:Coleman Meeting Date:May 5, 2014 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 45 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Century West Task Assignment Date: April 29, 2014 Department: Finance Attachments: Task Assignment & Scope of Work Copy of CW Agreement Budget Impact: $0 Administrative Recommendation: City Council to approve Task Assignments with Century West to perform administrative bidding services (Task 1) and project management (Task 2) for the airport crack sealing and slurry seal project. Background Summary: Century West is the consulting engineer for the Auburn Municipal Airport per the Agreement (attached) entered into via Resolution No. 4987 dated September 3, 2013. The agreement allows services via 'Task Assignment' noted as Exhibit A attached to Resolution No. 4987. Century West will perform administrative bidding services (Task 1) and project management (Task 2) for the airport crack sealing and slurry seal project to be performed this summer Task Assignment is attached and cost is not to exceed $70,000. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:May 5, 2014 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 46 of 198 CA.D Page 47 of 198 CA.D Page 48 of 198 CA.D Page 49 of 198 CA.D Page 50 of 198 CA.D Page 51 of 198 CA.D Page 52 of 198 CA.D Page 53 of 198 CA.D Page 54 of 198 CA.D Page 55 of 198 CA.D Page 56 of 198 CA.D Page 57 of 198 CA.D Page 58 of 198 CA.D Page 59 of 198 CA.D Page 60 of 198 CA.D Page 61 of 198 CA.D Page 62 of 198 CA.D Page 63 of 198 CA.D Page 64 of 198 CA.D Page 65 of 198 CA.D Page 66 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1208 Date: April 29, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Improvement Matrix Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1208, Sewer Pump Station Improvements. Background Summary: This project will construct various improvements to 11 of the City’s sanitary sewer pump stations including upgrading the ability of maintenance staff to access and maintain wet wells, install new back-up generator systems, install site improvements such as fencing, lighting, and equipment shelters, and establish cathodic protection systems. See the attached Improvement Matrix for specific improvements proposed at each pump station site. Construction is anticipated to begin in June 2014 and be complete in December 2014. The estimated total project cost is $990,848.00, which is equal to the amount budgeted for the project. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Snyder Meeting Date:May 5, 2014 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 67 of 198 Project No: CP1208 Project Title: Project Manager: Kim Truong Project Initiation Initiation Date: ____9/3/13_____ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Carry Forward to 2014 Funding Prior Years 2012 2013 2014 Total 431 Fund - Sewer 29,018 80,134 990,848 1,100,000 Total 0 29,018 80,134 990,848 1,100,000 Activity Prior Years 2012 2013 2014 Total Design Engineering - City Costs 12,032 27,445 20,000 59,478 Design Engineering - Consultant Costs 16,986 52,689 21,524 91,198 Construction Estimate 893,198 893,198 Project Contingency 41,126 41,126 Construction Engineering - City Costs 10,000 10,000 Construction Engineering - Consultant Costs 5,000 5,000 Total 0 29,018 80,134 990,848 1,100,000 Prior Years 2012 2013 2014 Total *431 Funds Budgeted ( )0 (29,018)(80,134)(990,848)(1,100,000) 431 Funds Needed 0 29,018 80,134 990,848 1,100,000 *431 Fund Project Contingency ( )0 0 0 (0)0 431 Funds Required 0 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. 431 Sewer Budget Status Estimated Cost (Funds Needed) BUDGET STATUS SHEET Sewer Pump Station Improvement Project Date: April 25, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) CA.E Page 68 of 198 Sewer Pump Station Improvements Project Vicinity Map Riverside Pump Station 22nd Street Pump Station Valley Meadows Pump Station 8th Street Pump Station ‘R’ Street Pump Station ‘F’ Street Pump Station Rainier Ridge Pump Station North Tapps Pump Station Area-19 Pump Station Terrace View Pump Station Peasley Ridge Pump Station CA.E Page 69 of 198 CP1208 Sewer Pump Station Improvement Matrix Fencing Shelter Lighting 22nd Street NE X X X X X X 8th Street NE X X X X X X Area 19 X F Street SE X X North Tapps X Peasley Ridge X R Street NE X X X X X X Rainier Ridge X X Riverside X Terrace View X Valley Meadows X X X X X X Generator System Cathodic Protection System Wet Well Access Improvements Site Improvements CA.E Page 70 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1104 Date: April 29, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1104, 8th Street NE and 104th Avenue SE Intersection Improvements, Contract 14-09. Background Summary: This project includes the design and construction of the following safety improvements at the intersection of 8th Street NE and 104th Avenue SE: 1. Replaces the existing left turn signal head from 8th Street to northbound 104th Ave with a flashing yellow signal head. 2. Replaces the existing traffic signal cabinet and components with new signal cabinet and components to accommodate the new flashing yellow signal and battery backup system. 3. Replaces vehicle detector loops on all for legs of the intersection. 4. Replaces the existing pedestrian signal heads and pushbuttons with countdown type heads and audible style pushbuttons. 5. Replaces the existing substandard curb ramps with at-grade pedestrian crossings. A project budget contingency of $8,094 remains in the 102 Arterial Street Fund. Reviewed by Council Committees: Public Works Councilmember:Osborne Staff:Snyder Meeting Date:May 5, 2014 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 71 of 198 Project No: CP1104Project Title: Project Manager: Matthew Larson Project Update Initiation Date: 11/15/2010 Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 2013 (Actual)2014 Future Years Total 102 Fund (Traffic Impact Fees)11,20811,208 102 Fund (Unrestricted Street Revenue)148,400 148,400 REET 2 119,000 119,000 102 Fund - Federal Grant43240,38459,184100,000 Total11,64040,384326,5840378,608 BUDGET STATUS SHEET 8th St NE & 104th Ave SE Intersection Improvements Date: April 28, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Activity Prior Years 2013 (Actual)2014 Future Years Total Design Engineering - City Costs11,64026,97412,00050,614 Design Engineering - Consultant Costs13,41013,410 Design - State Review 1,0001,000 Construction Estimate 253,490253,490 Project Contingency (10%)26,00026,000 Construction Engineering - City Costs26,00026,000 Construction Engineering - Consultant Costs 00 Total11,64040,384318,4900370,514 Prior Years 2013 (Actual)2014 Future Years Total *102 Funds Budgeted ( )(11,640)(40,384)(326,584)0(378,608) 102 Funds Needed11,64040,384318,4900370,514 *102 Fund Project Contingency ( )00(8,094)0(8,094) 102 Funds Required 00000 102 Arterial Street Budget Status * ( # ) in the Budget Status Sections indicates Money the City has available. H:\PROJ\CP1104-8th Street NE U-Turn Imp\Budget\Budget Status Sheets\BudgetStatusSheet 8th 104th.xls1 of 1CA.F Page 72 of 198 CA.F Page 73 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6504 Date: April 29, 2014 Department: Administration Attachments: Ordinance No. 6504 Memo Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6504. Background Summary: State law (RCW 35.21.015) authorizes city councils to create independent salary commissions to set the salaries of elected officials. Typically, council salaries would be set in advance of councilmembers being elected to the Council and would be unchanged thereafter during their terms of office. That is consistent with statutory provisions and the state Constitution that prohibit elected officials from increasing or decreasing their salaries during their current term. However, state law also allows city councils to create independent salary commissions that can evaluate and set the salaries for elected officials. The salary commission can raise or lower the salaries of elected officials, however, by statute, although increases can become effective immediately, any reduction in salary would not become effective until the commencement of a new term of office. The ordinance also includes a referendum mechanism whereby the voters of the city could choose to challenge the ruling of the independent salary commission. This, too, is consistent with state law (RCW 35.21.015). The proposed ordinance differs slightly from those of other municipalities having independent salary commissions insofar as it applies only to City Councilmembers, not the Mayor. According to the Legal Department research (memo attached), the City Council could relegate the salary responsibilities of the commission to only the salaries of councilmembers. Reviewed by Council Committees: Finance, Public Works, Council Operations Committee Councilmember:Wagner Staff:Heid AUBURN * MORE THAN YOU IMAGINEDORD.A Page 74 of 198 Meeting Date:May 5, 2014 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 75 of 198 ORDINANCE NO. 6 5 0 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 2.08 OF THE AUBURN CITY CODE ESTABLISHING AN INDEPENDENT SALARY COMMISSION WHEREAS, the current provisions of state law, and particularly the provisions of Section 35.21.015 of the Revised Code of Washington allow for cities to establish independent salary commissions to set the salaries for elected Ciry Council members and other elected officials of the City; and WHEREAS, in order to address the need for the salary of the City Council members forthe City ofAubum to be set in a consistent and uniform manner, it would be advantageous for the City of Aubum to haVe established an Independent Salary Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION 1. CREATION OF NEW CHAPTER TO AUBURN GITY CODE.A new Chapter 2.08 of the Aubum City Code 6e, and the same hereby is, created to read as follows: Chapter 2.08 INDEPENDENT SALARY COMMISSION Sections: 2.08.010 Commission established. 2.08.020 Purpose. 2.08.030 Membership. 2.08.040 Qual cations. 2.08.050 Operation. 2.08.060 Responsibilities. 2.08.070 Effective da4e—Salaries. 2.08.080 Salary schedule subject to referendum petition. Ordinance No. 6504 April 28, 2014 Page 1 ORD.A Page 76 of 198 2.08.010 Commission established. A salary commission is hereby estabiished pursuant to RCW 35.21.015, hereinafter referred to as the City of Auburn Independent Salary Commission. 2.U8.020 Purpose. The purpose of the Independent Salary Commission shall be to review and establish the salaries of the members of the City Council. For the purposes hereof, the salary authoriry of the Independent Salary Commission shall include all compensation that may be paid to or received by councilmembers, whether or not it is ident ed as salary. Also for the purposes hereof, the salaries identified by the Independent Salary Commission shall be uniform among the same category or class of elected officials. This provision, however, does not prevent or preclude the Independent Salary Commission from providing for a different salary for the Councilmemberselected as the Deputy Mayor of the City. Rather, the Independent Salary Commission would be entitled to consider the additionaf dutieaof the Deputy Mayor in setting salaries for that position. 2.08.030 Membership. A. The Jndependent Salary Commission shall consist of five members. who shall be registered voters and residents of the City ofAuburn, appointed by the Mayor and approved/confirmed'by the City Council; Provided that no person shall be appointed to a position on the Independent Salary Commission unless that person has completed and sutimitted to the City an Application for Appointment to Citizen Boards, Commissions and Committees, on the form provided by the City. B. The members of the Independent Salary Commission shall serve without compensation. C. Each member of the Independent Salary Commission shall serve a term of four years, except that the first five commission members shall 6e appointed for different terms, as follows: one memberto serve for a period of one year, one member to serve for a period of two years, one member to serve for a period ofithree years, and two members to serve for a period of four years. The Mayor, with the app oval/confrmation of the City Council, may appoint altemate Independent Salary Commission members as the need arises. The Mayor shall annually appoint, subject to approval/confirmation by the City Council, new members by March of any given yearto fill the expiring terms on the Independent Salary Commission. D. No member may be appointed to more than two terms on the Independent Salary Commission, whether or not those terms are held consecutively. E. If, for any reason, a vacancy occurs during the term of an Independent Salary Commission member, the Mayor shall appoint, with the approvaUconfirmation of the City Council, a new member to fill the unexpired term of that member. Ordinance No..6504 April28, 2014 Page 2 ORD.A Page 77 of 198 F. The Mayor and City Council may remove an Independent Salary Commission member aY any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence, or for three consecutive unexcused absences of regularly scheduled meetings of the Independent Salary Commission. G. AII members of the Independent Salary Commission shall serve until their successors are duly appointed by the Mayor and approved/confirmed by the City Council. 2.08.040 Qualifications. A. No person shall be appointed to serve as a member or alternate member of the lndependent Salary Commission unless that person is a citiien of the United States, a resident of the City for at least one year immediately preceding such appointment, and an elector of the county in which the member resides. B. No City officer, official or employee of the City or an immediate family members of a City officer, official or employee may seroe on the commission: "Immediate family member," as used in this Section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official or employee. 2:08.050 Operation. A. The Independent Salary Commission shall elect a chair and vice chair from among its voting members. Other than for those members initially appointed for a one year term, such officers shall hold office for two years., The Independent Salary Commission may from time to time establish and publish Rules of Procedure for the efficient and fair conduct of its business, consistent with state law and City Ordinance. B. The Mayor shall appoint appropriate staff to assist the Independent Salary Commission in preparation of its reports and records, and conducting its meetings, as may be necessary for the proper operation of the commission. C. The meetings of the Independent Salary Commission shall be subject to the Open Public MeetingsAct pursuant to Chapter 42.30 RCW. D. The 7ndependenY Salary Commission, with the assistance of appointed staff, shall keep a written record of its proceedings, which shall be a public record all in accordance with state law. E. The Independent Salary Commission shall have the authority to raise and lower salaries of the City Council. A City Council salary increase, or decrease shall occur only if three members of the Commission vote in fayor of the increase or decrease. Three members of the Commission shall constitute a quorum, and the votes of such quorum shall be sufficient for the decision of all matters and the transaction of all tiusiness to be decided or transacted by the Independent Salary Commission. Ordinance No. 6504 April 28, 2014 Page 3 ORD.A Page 78 of 198 F. The Independent Salary Commission shall meet at least once in 2014 and at least once in each year thereafter to consider whether or not to review and/or adjust existing City Council salaries. The initial meeting of the IndependeM Salary Commission shall take place within thirty (30) days after the initial members of the IndependeM Salary Commission have been appointed and confirmed. Thereafter, the initial annual meeting of the Independent Salary Commission shall occur no later than April 30th, in any given year. G. Prior to a vote of the Independent Salary Commission to raise or lower salaries, residents of the City shall have an opportunity to comment or submit comments in writing. An opportunity for comments shall be conducted in a manner that is consistent with the procedure used at regularly scheduled meetings of the City Council for public comment. H. Prior to a vote of the Independent Salary Commission to raise or lower salaries, the Commission may request, from the Mayor or designee, additional financial information and other relevant data, other than tfiat information provided in Paragraph I. of this Section, including but not limited to, information related to the various duties, assignments, responsibilities, obligations and meetings of City Councilmembers. I.The Mayor or designee shall provide the Independent Sala_ry Commission with, and the Commission shall consider, information regard ing salaries paid to members of city councils from comparable cities. Such comparable cities shall be comprised of cities having a population of at least 25,000 and located in King, Pierce or Snohomish counties. J.In its meeting(s)„ the Independent Salary Commission shall review, and, if it so determines, amend and file its schedule of salaries for the City Council with the City Clerk within thirty (30) days after its meeting(s)'in 2014, and thereafter shall file its amended schedule of salaries for the City Council (if any) with the Cityr Clerk no later than May 31 st. If necessary, the IndependeM Salary Commission will also meet upon any other call by the chair, the Mayor or by the majority vote of the City CounciL 2.08.060 Responsibilities. The Independent Salary Commission shall have the following responsibilities: A. To study the relationship of salaries to the duties of the City Councilmembers and those of comparable cities, and to establish a Uniform salary for all Councilmembers by either increasing or decreasing the existing salaries for the City Council by an a rmative vote of not less than three members; B. To review salary schedules and file its amending salary schedules, if any, within thirty (30) days after the ini4ial meetings of the Independent Salary Commission; and thereafter, to review salary schedules and file its amending salary schedules, 'rf any, not later than May 31 st of every year thereafter; Ordinance No. 6504 April 28,2014 Page 4 ORD.A Page 79 of 198 C. To submit each amended salary schedule to the City Clerk, who will publish the complete schedule two times, at least one week apart in the official newspaper of the City. The second publication date will be the official filing date. The schedule will become effective thirty (30) days after this date. 2.Q8.070 Effective date—Salaries. The Independent Salary Commission's established or amended salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule. Once filed, the schedule shall 6e incorporated into the City budget without further action of the City Council or the Independent Salary Commission. Salary increases established by the Independent Salary Commission shall be effective as to all City Councilmembers regardless of their terms of office. Salary decreases established by the commission shall become effecfive as to incumbents at the commencement of their next subsequent terms of offce. Existing salaries for Councilmembers established by City Ordinance and/or Gity Budget shall remain in effect unless and until changed in accordance with the provisions of thi§ Chapter. The terms and conditions of the commission's adopted salary schedule will remain in effect until amended under the terms and conditions of a new salary schedule filed in accordance with this Chapter. 2.08.080 Salary schedule subject to referendum petition. A. The Independent Salary Commission's adopted salary schedule shall be subject to referendum petition by the people of the City upon filing of a valid referendum petition wi4h the City Clerk within thirty (30) days after the official filing date of the salary schedule. The number of registered voters needed to sign such a petition for referendum shall be fifteen percent of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people. B. Referendum measures under this Section shall be submitted to the voters of the City at the next following general or municipal election occurzing thirty (30) days or more after the petition is filed and shall be othervvise govemed by the provisions of the State Constitution, RCW 35A.11.100 and other laws generally applicable to referendum measures. 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. Ordinance No. 6504 Aqril 28, 2014 Page 5 ORD.A Page 80 of 198 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. ECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force five daysfrom and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN ATTEST: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk APP VE TO FORM: aniel B. Hei , City Attomey Published: Ordinance No. 6504 Aprili28, 2014 Page 6 ORD.A Page 81 of 198 ORD.A Page 82 of 198 ORD.A Page 83 of 198 ORD.A Page 84 of 198 ORD.A Page 85 of 198 ORD.A Page 86 of 198 ORD.A Page 87 of 198 ORD.A Page 88 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6507 Date: April 29, 2014 Department: Planning and Development Attachments: Ordinance No. 6507 Attachment 2 - Final Short Plat Drawing Attachment 3 - Certificate of Improvements Attachment 4 - Lakehaven Letter Attachment 5 - KC Preliminary Short Plat Decision Attachment 6 - COA Preliminary Short Plat Decision Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6507. Background Summary: Cary Lang Construction has made application to the City of Auburn for the Final Plat of Bry’s Cove on November 18, 2013. The plat includes the creation of nine (9) Lots and two (2) Tracts for open space, utility access, and a critical area buffer. The property is located within the former West Hill City annexation area. The preliminary short plat application was submitted to King County on November 26, 2006 and determined “complete” prior to annexation by the City of Auburn. After annexation to Auburn in 2008, the preliminary short plat continued to be processed by King County under the terms of the interlocal agreement. During City review of the project, the number of lots was changed by the Applicant from eight (8) to nine (9) lots since the project is vested to King County’s density bonus program as detailed in the King County Code Section 21A.34.040. The City Planning Director concurred with the King County’s recommendation of preliminary short plat approval with the conditions outlined within the County’s staff report and suggested additional conditions to subdivide the approximately 1.95 acre site. Bry’s Cove received preliminary short plat approval by the City of Auburn Planning Director on August 12, 2008. While per City regulations short plats are limited to four lots and are approved administratively by the Planning Director, King County codes allow up to nine lots as a short plat. Due to the difference in jurisdictional regulations, and the fact that this project AUBURN * MORE THAN YOU IMAGINEDORD.B Page 89 of 198 is vested to King County standards, this final short plat approval is being considered by the Auburn City Council. The short plat has been developed in accordance with the King County R-4 residential zoning standards, the King County Design Standards (Public Works), as well as the City of Auburn Design Standards (Public Works), where applicable, under the approved water/sewer certificates of availability from the Lakehaven Utility District, and the City’s public facility extension (City File No. FAC13-0007). The City Engineer has signed the Certificate of Improvements acknowledging an assignment of funds has been accepted in lieu of completion of the outstanding infrastructure improvements for the project. Reviewed by Council Committees: Other: Community Development and Public Works, Legal Councilmember:Holman Staff:Snyder Meeting Date:May 5, 2014 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 90 of 198 ORDINANCE NO. 6 5 0 7 AN ORDINANCE OF THE CITY COUNGIL OF THE. CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF BRY'S COVE WHEREAS, the City of Aubum received a final short plat application for the short plat of Bry's Cove, Application No. PLT13-0008, the final approval of' which is appropriate for City Council Action; and WHEREAS, the initial preliminary short plat application for Bry's Cove was submitted to King Counry at a tir ie when the premises was in unincorporated King County; and WHEREAS, the premises of the preliminary short plat of Bry's Cove were annexed into the City of Aubum, effective January 1, 2008; and WHEREAS, in connection with the annexation, the City and King County entered into an Interlocal Agreement; pursuant to Resolution No. 4113, whereby the two jurisdictions identified a cooperative process for handling pending plat activiry; and WHEREAS, pursuant to the Interlocal Agreement, the City took over completing the final plat review prior to the Interlocal Agreement expiring December31, 2012; and WHEREAS, the preliminary short plat has been developed in accordance wiith Title 19A, (Subdivisions and Short Subdivisions, King County Code (KCC) 19A.12 subsequently amended), Title 21A.34, the requirements of Chapter 58.17: RCW, and in conformity with the conditions-and requirements of the preliminary short plat; and Ordinance No. 6507 April 29,2014 Page 1 of 4 ORD.B Page 91 of 198 WHEREAS, the City took over compieting the civil review on March 14, 2013, under County authority after the expiration of the Interlocal Agreement, the short plat has been developed in accordance with the ested development requirements at the time of complete applica4ion; January 12, 2007, and in conformity with the conditions and requirements of the preliminary short plat approval; and WHEREAS, 4he preliminary short plat was approved by the City of Aubum Director of Planning, Building and Community, on August 12, 2008, whereby the preliminary short platwas approved with identified conditions and requirements; and WHEREAS, insofar as the plat meets the requirements of appliqble codes and plans, and the condi4ions and requirements of the preliminary short plat; it is incumbent on the City Council to approve the final short plat, as no new conditions or requirements can be added at this point. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 7. Final Plat Aaaroval. Bry's Cove, a short subdivision involving property located within the City of Aubum, Washington, the premises of which are described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, T0INNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY WASHINGTON; is hereby approyed, and deemed to conform to the requirements for Short Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140(3)(b) thereof. Section 2. Constitutionalitv or Invaliditv. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or Ordinance No. 6507 April 29, 2014 Page 2 of 4 ORD.B Page 92 of 198 unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irregpective of the fact that any one or more section, subsection, sentence, clause orphrase be declared invalid or unconstitutional. 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 ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as prbvided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordiriance No. 6507 April29, 2014 Page 3 of 4 ORD.B Page 93 of 198 APPR V AS TO FORM: Daniel B: Heid', City Attomey Rublished: Ordinance No 6507 April'2,9, 2014 Page 4'of 4 ORD.B Page 94 of 198 OR D . B Pa g e 9 5 o f 1 9 8 OR D . B Pa g e 9 6 o f 1 9 8 OR D . B Pa g e 9 7 o f 1 9 8 ORD.B Page 98 of 198 ORD.B Page 99 of 198 ORD.B Page 100 of 198 ORD.B Page 101 of 198 ORD.B Page 102 of 198 ORD.B Page 103 of 198 ORD.B Page 104 of 198 ORD.B Page 105 of 198 ORD.B Page 106 of 198 ORD.B Page 107 of 198 ORD.B Page 108 of 198 ORD.B Page 109 of 198 ORD.B Page 110 of 198 ORD.B Page 111 of 198 ORD.B Page 112 of 198 ORD.B Page 113 of 198 ORD.B Page 114 of 198 ORD.B Page 115 of 198 ORD.B Page 116 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5059 Date: March 27, 2014 Department: Parks/Art and Recreation Attachments: Resolution No. 5059 and agreement Exhibit to Agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution 5059. Background Summary: The Auburn International Farmers Market has been awarded a grant in the amount of $15,000.00 from King Conservation District to be used as follows: $12,500.00 for marketing and $2,500.00 for demonstrations and education. Reviewed by Council Committees: Municipal Services, Planning And Community Development Councilmember:Peloza Staff:Faber Meeting Date:May 5, 2014 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 117 of 198 RESOLUTION NO. 5 0 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM KING CONSERVATION DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS WHEREAS, the City of Auburn International Farmer's Market, on behaff of the City of Auburn, submitted an application to King Conservation District; and WHEREA8, the City has been ad4ised that it has been approved to receive a grant from said program in the amount of Fifteen Thousand and No/100s Dollars 15,000.00); and WHEREAS, acceptance of the grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Acceptance of Grant and Authorization of Agreement The City Council hereby accepts the King Conservation District grant, in the amount of Fifteen Thousand and No/100s Dollars ($15,000.00), and authorizes the Mayor to execute the Agreement wkh King Conservation District in substantial conformity with the Agreement marked as Exhibit "A" attached hereto and`incorporated herein by this reference. Section 2. Implementation. The Mayor is further authorized to implement such`administrative procedures as may be necessary to carry out the directions of this legislation, including assuring that the graM fund appropriation is included in the appropriate budget documents of the City. Resolution No.5059 April 30, 2014 Page 1RES.A Page 118 of 198 Section 3. EffecUve Date. ThaYthis Resolution shall take effect and be infull force upon passage and signatures hereon. SIGNED and DATED this day of 2014. CITY OF AUBURN NANCY BACKUS;MAYOR ATTEST: Danielle E, Daskam, City Clerk AP OVE S TO FOR : aniel B. H , City Attar Resolution.No. 5059 Apri130„2014 Page2RES.A Page 119 of 198 c,o,a F'-z Exnion n I AGREEMENT FOR AWARD OF KING CONSERVATION DISTRiCI'MEMBER JURISDICfION GRANT CIty of Auburn This Agecment is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, j WA 98057(referred to herein as "DistricP, and the C ty of Aubuin, a m icipal agency in King j County, Washington, locatad at 910-9'" Street SE, Auburn, WA 98002-6200 (referred to herein as"RecipienP,for the purposes set forth henein. SEC170N 1._REQTALS i.l Whereas, the District is a special gurpose district organized aud existing under authority af Chapter 89.08 RCW wluch a gages in certain activities and progams to conserve natural resources, including soil and water, which activities are declazdl to be ofspecial benefit j to lands; and i 1.2 Whereas,,pursuant to RCW 89.08.400, King Couaty has authorized and imposed a system of ass ssments to finance the activities and pro'ams of the District; and L3 Whereas, pursuant to RCW 89.08.22U, RCW 89.08.341 and/or.Chapter 3934 i RCW, the District is authoriud to enter into agreements with municipal entities and agencies govemmwtal or otherwise), or their designees, in order to cany out and facilitate the activities and progrsms of the District to conserve natnral resourdes;and 1.4 Whereas, the District has reviewed the grant application subtnitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District`s policies and proc dures for awaiding grants; end 7:5 Wherees, the District and Recipient desire W enter into this Agraement foT the puipose of establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT Z.1 The Distriet agrees to award Recipiant a gant in the total amount of Fi$een I Thousand Dollars ($15,000.00) from KCD-Auburn Member Jurisdiction Collections. Crant funds shall be used by Recipient solely for the peifosaance of the work desan bed in Exhibit A wfiich is attached hereto and incorporated herein by this reference. The District shall pay the gTant funds to Recipient in aceordance with the DistricYs,policies and procedures, including but notlimited to,the policies and procedures contained ia the Member Jurisdiction 8c WRIA Forum i Grant Application Inshvctions and Poliaes, provided that such funds have been collected and i received by the District.j, I i I Page I of 4 iRES.A Page 120 of 198 Exhibk A i1 I 2.2 Recipient represarts and warrants that it will only use the grant funds for the work described in Exhibit A. which may be amended by the parties pursuant to Paragraph 33 of the Agrxment. Recipient shall be requi7ed to refund to the District that portion of any grant funds i wluch are used for unauthorized work. Further, Recipient agrees to return ro the District any grant funds that are not expended or remain after completion of the work wvered by ttus iAgreement i 23 Recipient acknowledges and agrees that the gant funds may only be expended on work which shall be enrirely within the District's jurisdictional boundaries. The following iuiunicipalentitiesarenotwithintheDistricNsjurisdictionalboimdaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the Dishict tl at I portion of any grant funds which are used for work performed outside the Dishzct's jurisdictional boundazies. 2.4 In the event the scope of work authorized by this A eement includes the use of grant funds m purchase houses located on real property within a flood hazard azea, Recipient; j acknowledges and agrees that grant funds may only be used for such purposes if the houses to be j purchased were wnshvcted before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required w refiuid to the District that portion of any grant funds which are used for unauthorized putposes. i 2.5 Recipient shall be r uired to provide the District with biannual financial and project prog•ess reports, along with an annual summary report. Financial and project reports shall be due June 30 and Novcmber 30 each year. The Recipiart shall also be required to submit i to,.the District a final report which documents the RecipienYs completion of the work 'tn conformance witb this Agreement within thuty(30) days aRer the completion of the work. Ttte I final report shall, among other things, summarize the pmject's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or I challenges which were eacountered during the work, along with genera] recommendations regarding ways to avoid such obstacles or challarges in the future. If requcsted,Recipient agees ItoprovidetheDistrictwithadditionalfinancialorprogressrepoitsfromtimetotime, at ireasonableintervals. 2.6 RecipienYs expenditures of gant funds shall be separately identified in the RecipienPs accoimting records. If requested, Recipient shall comply with other reasonable j requests made by the District with respect to the manner in which project expenditures are ihackedandaccountedforinRecipienYsaccountingbooksandrecords. Recipient shall maintain such records of expendi as may be necessary to conforro to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. I I I Page 2 of 4 iRES.A Page 121 of 198 Fxnieit n I i 29 If the Recipient is a Washington municipal agency, Recipient shall be required to track project expenses using the Bud et Accounting and Reporting System for the Statc of Washington ("BARS"). 2.8 The Dishict or its representative shall ha4e the right from time W time, at reasonable intervals, to sudit the RecipienYs books and records in order to verify comgfiance with the terms bf this Agreement. Recipient shall cooperate with the District in any such auilit. 2.9 Recipient shal] retain all accounting records and project files relating to tivs Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subwntractors is performed in a manner which protects and safegiiards the environment and natural resources and which is.in compliance with local, state and federal laws I and regulations, Recipient shali implement an appropriate monitoring system or program to ensure compliance with this provision. 2.1] Rccipitnt a ees to indemnify, defend and hold harmless the Distrid, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damagt to property allegedly resulNng from thc negligent or intentional acts of the Recipient or any of its employees, agents,contractois or subconti actors in connectiou with this Agreement. 2.12 Recipient agrees to acAcnowledge the Dishict as a source of funding for tHis project on all literature,signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties iheietoandtheirrespectivesuccessorsandassigns. 3.2 T1usAgreement constitutes the entire agreement between the parties with respeot to the subject matter ha eof. No prior or contemporaneous reptssentation, inducement, promise Ioragreementbetweenorsroongthepartieswhichrclatetothesubjectmatterhereofwhichare not embodied in this Agrec ttent shall lx of any force or effect. j 3.3 No ameudment to this Agreement shall be binding on any of the parties to this Agreement unless sucfi amendment is in writing and is executed by the parties. The parties contempiate that this Agree nent may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this. Agreement.i I i Page 3 of 4 RES.A Page 122 of 198 Eddbll A i 3.4 Each party warrairts and represaus that such party has full and complete authority to enter into this Agreement and each person execuring this Agreement on behalf of a patty warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the si nature of such representative. DISTRICT: RECIPIENT: I By By i Name Name Title Title I Date Date Approved as to Formi Approved as to Form: DISTRICT LEGAL GOUNSEL: RECIPIENT'S'ATTORNEY: BY `L./l,l By Name r; . Fr,rn Gt Name B- Date 3 y Date B-dlh,X /C/I i I I i f Page 4 of 4 RES.A Page 123 of 198 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 2 4 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 2 5 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 2 6 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 2 7 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 2 8 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 2 9 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 3 0 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 3 1 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 3 2 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 3 3 o f 1 9 8 Ex h i b i t A t o A g r e e m e n t RE S . A Pa g e 1 3 4 o f 1 9 8 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5062 Date: April 22, 2014 Department: Public Works Attachments: Resolution No. 5062 Draft Ordinance No. 6506 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5062. Background Summary: Resolution No. 5062 sets the date of the public hearing for Franchise Agreement No. 14-06 tw telecom of washington llc for May 19, 2014 at 7:30 pm in Council Chambers. Franchise Agreement No. 14-06, Draft Ordinance No. 6506 is attached as back up documentation for Resolution No. 5062. Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any commercial utility or telecommunications operator or carrier or other person who desires to occupy public ways of the city and to provide telecommunications or commercial utility services to any person or area in the city. tw telecom of washington llc has applied for a Franchise Agreement to be able to operate and build within the City’s rights of way a telecommunications network. The applicant will offer integrated data services, dedicated internet access and provide local and long distance voice services to commercial customers. The proposed franchise area is all rights of way in the City, as tw telecom will lease facilities from CenturyLink and other telecom companies throughout the City to provide service. The applicant is requesting the entire City as the proposed franchise area so that future installation of their facilities may be accommodated without having to amend the agreement for each installation. Exact locations, plans, engineering and construction schedules would be reviewed, approved and managed through the City’s permitting processes that are a requirement of the Franchise Agreement. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Osborne Staff:Snyder AUBURN * MORE THAN YOU IMAGINEDRES.B Page 135 of 198 Meeting Date:May 5, 2014 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 136 of 198 RESOLUTION NO. 5 0 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER A FRANCHISE AGREEMENT WITH TW TELECOM OF WASHINGTON LLC WHEREAS, tw telecom of washington Ilc has applied to the City for a non-exclusive Franchise Agreement for the right of entry, use, and occupation of certain public rights-of- way within the City of Auburn, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-0f- way; and WHEREAS, the Public Works Committee of the Aubum City Council has reviewed tw telecom's application materials, and, pursuarrt to ACC 20.06.040, the Public Works Committee has recommended to the City Council that it schedule a public hearing on the application;and WHEREAS, the City Council agrees with the recommendation of the Public Works Committee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, HEREBY RESOLVES as follows: Section 1. That a hearing on the application by tw telecom of washington Ilc for a Franchise Agreement with the City of Aubum is hereby set for 7:30 p.m. on the 19th day of Mav 2014, at the City Council Chambers at 25 West Main SVeet, Aubum, Washington, 98001, with all persons wishing to speak to the application at the public hearing being invited to attend. Resolu6on No. 5062 Franchise Agreement No. 14-06 April 7, 2014 Page 1 RES.B Page 137 of 198 Sedion2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legisiation, including posting notice of such public hearing as required 6y State law and City Ordinance. Section 3. This Resolution shall be in full force in effect upon passage and signatures hereon. DATED and SIGNED 4his day of 2014. CITY OF AUBURN Nancy Backus Mayor Attest: Danielle E. Daskam, City Clerk Appro as orm: Da iel B. Heid, C A mey Resolution No. 5062 Franchise P qreemerrt No. 1406 April 7, 2014 Page 2 RES.B Page 138 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 1 of 19 ORDINANCE NO. 6506 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO TW TELECOM OF WASHINGTON LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR TELECOMMUNICATIONS WHEREAS, tw telecom of washington llc (“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of certain public right(s)-of-way within the City, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way; and WHEREAS, following proper notice, the City Council held a public hearing on Grantee’s request for a Franchise, at which time representatives of Grantee and interested citizens were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and its inhabitants that the franchise be granted to Grantee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, the City grants to the Grantee general permission to enter, use, and occupy the right(s)-of-way and/or other public property specified in Exhibit “A,” attached hereto and incorporated by reference (the “Franchise Area”). B. The Grantee is authorized to install, remove, construct, erect, operate, maintain, relocate and repair the types of facilities specified in Exhibit “B,” attached hereto and incorporated by reference, and all necessary appurtenances thereto, (“Grantee Facilities”) for provision of those services set forth in Exhibit “C” (“Grantee Services”) in, along, under and across the Franchise Area. C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Grantee Facilities and Grantee Services, and it extends no rights or privilege relative to any facilities or services of any type, RES.B Page 139 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 2 of 19 including Grantee Facilities and Grantee Services, on public or private property elsewhere within the City. D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interferes with Grantee’s right set forth herein. E. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to the Franchise Area or any other City roads, rights-of-way, property, or any portions thereof. This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain, the Grantee acknowledges its use of the Franchise Area shall have no value. F. The City reserves the right to change, regrade, relocate, abandon, or vacate any right-of-way within the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. G. The Grantee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2. Notice A. Written notices to the parties shall be sent by certified mail to the following addresses, unless a different address shall be designated in writing and delivered to the other party. City: 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 RES.B Page 140 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 3 of 19 Telephone: 253-931-3039 Grantee: Greg Diamond Vice President, Regulatory tw telecom of washington llc 10475 Park Meadow Drive Littleton, CO 80124 Telephone: 206-676-8052 with a copy to: Tina Davis Senior VP & General Counsel tw telecom of washington llc 10475 Park Meadow Drive Littleton, CO 80124 Telephone: 303-566-1279 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 Grantee voice telephone numbers shall be staffed at least during normal business hours, for their respective time zones. The City may contact Grantee at the following number for emergency or other needs outside of normal business hours of the Grantee: Network Operations Center 1-800-829-0420 Section 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from the date of execution specified in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application specified under ACC 20.06.130, as it now exists or is amended, within the timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-current term). Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submit those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC. C. Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any RES.B Page 141 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 4 of 19 extension thereof, the Franchise automatically continues month to month until renewed or either party gives written notice at least one hundred and eighty (180) days in advance of intent not to renew the Franchise. Section 4. Definitions For the purpose of this agreement: “ACC” means the Auburn City Code. "Emergency" means a condition of imminent danger to the health, safety and welfare of persons or property located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots, acts of terrorism or wars. “Maintenance” or “Maintain” shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation. “Relocation” means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Grantee would accomplish and charge to third parties without regard to municipal request. “Rights-of-Way” means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-ways and similar public properties and areas. Section 5. Acceptance of Franchise A. This Franchise, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with the City Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and incorporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guarantees specified in Section 16 (collectively, “Franchise Acceptance”). The date that such Franchise Acceptance is filed with the City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within 30 days after the effective date of the ordinance approving the Franchise, the City’s grant of the Franchise will be null and void. Section 6. Construction and Maintenance RES.B Page 142 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 5 of 19 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 at the expense of the Grantee. D. Before commencing any work within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to identify existing utility infrastructure. E. Tree Trimming. Upon prior written approval of the City and in accordance with City ordinances, Grantee shall have the authority to reasonably trim trees upon and overhanging streets, public rights-of-way, and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Grantee Facilities. Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty- four (24) hours of completion of the trimming, the City may, at its sole discretion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require a land clearing permit. Section 7. Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, provided that the Grantee shall notify the City in writing as promptly as possible, before such repair or emergency work commences, or as soon thereafter as possible, if advance notice is not practical. The City may act, at any time, without prior written notice in the case of emergency, but shall notify the Grantee in writing as promptly as possible under the circumstances. Section 8. Damages to City and Third-Party Property RES.B Page 143 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 6 of 19 Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third- party, Grantee will restore, at its own cost and expense, said property to a safe condition. Such repair work shall be performed and completed to the satisfaction of the City Engineer. Section 9. Location Preference A. Any structure, equipment, appurtenance or tangible property of a utility, other than the Grantee’s, which was installed, constructed, completed or in place prior in time to Grantee’s application for a permit to construct or repair Grantee Facilities under this Franchise shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to another utility’s submittal of a permit for new or additional structures, equipment, appurtenances or tangible property, then the Grantee Facilities shall have priority. These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any City road or right-of-way. A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation. This Section shall not apply to any City facilities or utilities that may in the future require the relocation of Grantee Facilities. Such relocations shall be governed by Section 11. B. Grantee shall maintain a minimum underground horizontal separation of five (5) feet from City water facilities and ten (10) feet from above- ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other utility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations. Section 10. Grantee Information A. Grantee agrees to supply, at no cost to the City, any information reasonably requested of the City to coordinate municipal functions with Grantee’s activities and fulfill any municipal obligations under state law. Said information shall include, at a minimum, as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, compatible with the City’s data base system, as now or hereinafter existing, including the City’s geographic information Service (GIS) data base. Grantee shall keep the City informed of its long-range plans for coordination with the City’s long-range plans. RES.B Page 144 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 7 of 19 B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City. Accordingly, the City agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of time to obtain an injunction to prohibit the City’s release of records. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including reasonable attorney’s 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 City acts in accordance with the provisions of Washington’s open public records act. 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 at no expense or liability to the City, except as may be required by RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other losses in connection with any such change, relocation, abandonment, or vacation of the Pubic Way. B. If a readjustment or relocation of the Grantee Facilities is necessitated by a request from a party other than the City, that party shall pay the Grantee the actual costs thereof. Section 12. Abandonment and or Removal of Grantee Facilities A. Within one hundred and eighty days (180) of Grantee’s permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City’s discretion, either abandon in place or remove the affected facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Section 13. Undergrounding 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. RES.B Page 145 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 8 of 19 B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee shall underground the Grantee Facilities in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99. Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities. Common costs shall include necessary costs for common trenching and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded. Section 14. Indemnification and Hold Harmless A. The Grantee shall defend, indemnify, and hold the City and its officers, officials, agents, employees, and volunteers harmless from any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature including attorneys’ fees arising out of or in connection with the Grantee’s performance under this Franchise, except to the extent such costs, claims, injuries, damages, losses, suits, or liabilities are caused by the sole negligence of the City. 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 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 arising out of or in connection with any damage or loss to the Grantee Facilities caused by maintenance and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence of the City, or its agent performing such work. C. The Grantee acknowledges that neither the City nor any other public agency with responsibility for fire fighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue. The Grantee, and its agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such services. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City’s failure or inability to provide such services, and, pursuant to the terms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or inability to provide such services. RES.B Page 146 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 9 of 19 D. Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section. E. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW , solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,000,000 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 $2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or a substitute form providing equivalent liability coverage. 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. RES.B Page 147 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 10 of 19 3. Professional Liability insurance with limits no less than $1,000,000 per claim for all professional employed or retained Grantee to perform services under this Franchise. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 5. Grantee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this section. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Grantee’s insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee’s insurance and shall not contribute with it. 2. The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Grantee shall furnish the City with documentation of insurer’s A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above- required insurance. Any such self insurance is subject to approval by the City. F. Grantee’s maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 16. Performance Security RES.B Page 148 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 11 of 19 The Grantee shall provide the City with a bond in the amount of Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this Franchise, in a form and substance acceptable to the City. In the event Grantee shall fail to substantially comply with any one or more of the provisions of this Franchise, then there shall be recovered jointly and severally from the principal and any surety of such bond any damages suffered by City as a result thereof up to the amount of Fifty Thousand Dollars ($50,000), and from the principal only any damages suffered by the City in excess of the bond amount, 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. The amount of the bond shall not be construed to limit the Grantee’s liability to the City for any damages suffered by City as a result Grantee’s noncompliance, 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 and assigns of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors and assignees 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, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, no consent of the City or fee shall be required for Franchisee to assign this Franchise to any entity under common control with, controlled by, or controlling Grantee, or to any entity that acquires Grantee by merger, sale, consolidation or otherwise, provided Grantee promptly notifies City of such assignment, provides information regarding the nature of the relationship between Grantee and the assignee, and provides a written agreement to the City that the assignee is unconditionally assuming all of the terms of the Franchise upon the effective date of the assignment. C. Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) days prior to the proposed date of transfer: (a) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer; (b) All information required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonably incurred by the City in processing, and RES.B Page 149 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 12 of 19 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 pursuant to paragraph B, 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. Section 18. Dispute Resolution A. In the event of a dispute between the City and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this Agreement. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This Franchise shall be governed by and construed in accordance with the laws of the State of Washington. In the event any mediation, suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment. Section 19. Enforcement and Remedies A. If the Grantee shall willfully violate, or fail to comply with any of the provisions of this Franchise through willful or unreasonable negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions of this agreement, the City may, at its discretion, provide Grantee with written notice to cure the breach within thirty (30) days of notification. If the City determines the breach cannot be cured within thirty days, the City may specify a longer cure period, and condition the extension of time on Grantee’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not comply with the specified conditions, the City may, at its discretion, either (1) RES.B Page 150 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 13 of 19 revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the bond 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 require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Grantee’s actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20. Compliance with Laws and Regulations A. This Franchise is subject to, and the Grantee shall comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Grantee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. B. The City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation upon providing Grantee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, the Grantee makes a written call for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enact the proposed amendment, by incorporating the Grantee’s concerns to the maximum extent the City deems possible, in which event Grantee may pursue any available remedies at equity or in law and/or Grantee may terminate this Franchise within twenty (20) days of written notice to City. Section 21. License, Tax and Other Charges RES.B Page 151 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 14 of 19 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 applicable state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this Agreement, in no event shall either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder portions shall remain in effect. Section 24. Titles The section titles used herein are for reference only and should not be used for the purpose of interpreting this Franchise. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 26. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ Nancy Backus, MAYOR ATTEST: RES.B Page 152 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 15 of 19 ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ RES.B Page 153 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 16 of 19 RES.B Page 154 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 17 of 19 Exhibit B Grantee Facilities Fiber facilities in yellow are owned by Zayo re: Franchise Agreement No 12-41, Ord No 6452 and are being leased by tw telecom. tw telecom may obtain certain other facilities from CenturyLink and others from time to time to provide service in the City of Auburn. tw telecom may also install its own facilities in accordance with the terms and conditions of this Ordinance. RES.B Page 155 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 18 of 19 Exhibit C Grantee Services tw telecom offers integrated data services, dedicated internet access and provides local and long distance voice services to commercial businesses. RES.B Page 156 of 198 ------------------------------ Ordinance No. 6506 Franchise Agreement No. 14-06 April 10, 2014 Page 19 of 19 EXHIBIT “D” STATEMENT OF ACCEPTANCE tw telecom of washington llc, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. tw telecom of washington llc by: tw telecom holdings inc., its sole member By: Date: Name: Title: ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF DOUGLAS ) I, , a Notary Public in and for the State of Colorado, do hereby certify that __________________, ________________________ of tw telecom holdings inc., the sole member of tw telecom of washington llc, did personally appear before me affixing his/her signature on the attached document. Sworn and Subscribed this day of ____________________, 2014. Notary Public My commission expires . [SEAL] RES.B Page 157 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5064 Date: April 29, 2014 Department: Public Works Attachments: Resolution No. 5064 & Agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5064. Background Summary: Resolution No. 5064 authorizes the Mayor to negotiate and execute an Agreement between the City of Auburn and the U.S. Geological Survey (USGS). The USGS is developing a regional groundwater model that will be available for use by state, county, and local governments, public water purveyors, and local stake holder groups to evaluate potential human and climatic impacts on water resources in the Puyallup River watershed. The City Water Utility will benefit by using the model to identify groundwater recharge areas and more accurately delineate well head protection areas. The model will provide the Water Utility with a means to evaluate potential water quality impacts associated with current land use and future changes in land use associated with growth plans. The model also is a “predictive tool” designed to assist in decision making and help answer questions about the effects on future groundwater levels and stream flows from increases in groundwater withdrawals, changes in precipitation, and alterations in land use. This Agreement is for Phase III of the project. Phase III requires funding for two (2) years totaling $24,280.00. Monies from the 430 Water fund will be used to fund this project. Reviewed by Council Committees: Finance, Public Works Councilmember:Osborne Staff:Snyder Meeting Date:May 5, 2014 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 158 of 198 AUBURN * MORE THAN YOU IMAGINEDRES.C Page 159 of 198 RESOLUTION NO. 5 0 6 4 A RESOLUTION OF THE,CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING 1`HE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE U.S. GEOLOGICAL SURVEY FOR WATER RESOURCES INVESTIGATIONS WHEREAS, the U.S. Geological Survey (USGS) has been conducting a study and.mapping project to address groundwater available and sustainability; and WHEREAS; the USGS offered to a low local jurisdictions to participate in the scoping of the project and will provide access to and copies of the database in retum for the participating jurisdictions sharing the cost of the project; and WHEREAS, in AugusY 2012, the City of Aubum adopted Resolution No. 4853 authorizing the Mayor to execute an agreement with the USGS to characterize the groundwater flow system in the Puyallup River Watershed; and WHEREAS, for this phase of the on-going mapping project, USGS will construct and calibrate and numerical groundwater-flow model for 4he Puyallup River Watershed, in King and Pierce County. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is autHorized to execute an Agreement between the City'and U.S. Geological Survey for Water Resources Investigations, which agreemerrt shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5064 April i6, 2014 Page`.1 of 2RES.C Page 160 of 198 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2014. CITY OFAUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPR E A RM: Da ' I B. Heid, City Atto ney Resolution No. 5064 April 16, 2014 Page 2 of 2RES.C Page 161 of 198 E,cn+en n Form 8•1366 U.S.Department of the Interfor Customer: 8000002868lFY76-16 OcC 2D06)U.S.Geological Survey Agreementll: 1swNwA20087 Jolnt Funding Agreement Project#: YOOOEYO TIN#: 976001Y26 Flxad Cost r Agreement Y No FOR WATER RESOURCES INVESTICiAT10NS THIS AGREEMENTis entered iMo as of the 1st day of October,2014,by the U.S: GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THEINTERIOR,party of the first part,and the CITY OF AUBURN PUBLIC WORKS party of the second part. 1. The parties hereto agree that subJect to avallabliity of appropriationa and in aaordance with their respectiveauthoritias there shall be maintafned in cooperaGon a flzed-price agreement to consWct and call6rate a numarfcal grcundwater-flow model.for.the Puyallup Rlver Watershed,Klrig a Pierae Courtti,Washington.A detailed proposal descNbing the scope of woPk ls enclosed end Is eonsldered a part of tdls agreemenk herein called tl e program.'TheLSGS legal authorKy Is 43 USC 36C;43 USC 50;and 43 USG50b. 2. The following amounts shall be contrlbuted to cover all of the cost of the necessary field and analytipl work dlrecUy related to thls program.2(bj Includes In-fGnd Servlr s fn fhe amount of$N/A. by the party of,the flrst part during the perlod. a) $59,280 OCTOBER 1,TD14 to SEPTEMBER 9Q 2016 by the party of the_second part during the periotl b) 524,280 OCTOBER 1,2014 to SEFTEMBER 30,2018 c) Additional or reduced amounts by each party during the above perioii or succeeding periods as may be detertnined by mutual agreement and set forth fn an excfiange of,letters between the parties. d) The pertormznce perlotl may be ctiaiigeii by mutual agreement and set forth in an exchange of letters tietween the partles. 3. Tha.costs of;his program may be paid by eimer parry in coniormity wlth the laws and regulatlons respectively govemmg each party. 4. The field and analyUcal work pertalning to thls:program shall be under the direcGon of or subjad to periodic review by an auttinrizatl representative of the party of the flrst part. 5. The;aieas to be inGuded:in tAe program shall he detertnined bymutual agreement tietween the partles hereto or fheir authorized represeMatives.Themethods employed In t e fleld and;offlce shall be those adopted by the party of the flrst part to insure the required spndafds of axuracy subjed to modificadonby mutual agreement " 8. During the cdurse of this program,all fleld and analytical work of efther partypertaining to thls program shall be open to thelnspection of the other party,and 'rf the work is not being wrtled nn in a mutually satlsfactory manner, elthet party may teRninate this egreement upon:80 days wrlttert notice to the other party. 7. The orlginalrrewrds resufting from this programwlllbe daposlted In the office of oNgi of those recottls: Upon re4uest, copies of the orlginal records wlll be provided to the offlce of the other party. 8. The maps, records,ar reports resutting from this program shall be made ayallable to fhe pu611c aspromptty as posslble..The maps, records,or reports normally will be published by the paAy of die first paR However, IRES.C Page 162 of 198 i Exhibit A I the pariy ot the second pert resenres the right to publish tlie results of this program and, if already pubiished by the party of the first part shall, iapon request,'be furnishetl by the partyof the first pa,at casts, impressions suitable for purposes of reproduetion simllar to ttiat for which the origfnal copy was prepared: The maps, records, or reparts published by either partyshalf contain a staDement of the cooperadve'relatlons between the parUes. 9; USGS will issue billingsutilizing Department of the Intedor 8111 for Collection(form DI-1040).Billing documerrts are to be rendered ANNUALLY. Payments of bills aTa due within BO days after the billing date. If not paid.by the due date, interest will 6e charged'st the airrenfTreasury rate for each 30 day perlotl,or portion.thereof,thafthe paymeM is deiayed beyand the due date. (31 USG 3717;Comptroller General File B- 212222,August 23, 1983). U.S.Geologteal Survey Name oi Custaner United States Clty of Aubum,Publlc Works Departrnent oT the h terior USGS Point ot Contact Cuetomer Polnt of Corrtact Name: :, Mark Savoca Name: Ms. Susan Fenhaus,Watar Uttlity Engineer Address: USGSM+WSC Address: Ciry of Auburn-Public Works 934 Broadway,Suite 300 25 W. Main Street Tacoma,WA 98402 Auburn, WA 98001 Telephone: 253-552-1660 Telephone: (253)804-5ti82 Email: :. mesavocaC usas.00v Email:sfenhaus ubumwa.gw Signatures Signatures BY_ Date t-/o-I'f By pate Name: Lynthfa Barton, Ph.D., L.G.,LH.G. Name: TiUe: Dlrector,USGS Washineton Water Title: Science CeMer By Date By Date Name: Name: Title:' TiUe: IRES.C Page 163 of 198 i E#iiblt A i I SUMMARY Namerical Simulation of the Water Resources in the PnyaUup RiVer Waters6ed, King and Pierce Coanties,WasLington A proposal prepared by the U:S.Geological Siuvey,for the City of Aub n Apri14,2014 Problem—Grroimdwater is an important resourcefor domestiq commercial,and industrial usage in the Puyallup Riyer Watershed,and groundwater discharge helps maintain late-summer and early-fall stream flow(base flow)ia maay area streams. Conseqnently,as the;pop"ulation grows, and commercial and industrial activity increase,so does the demand for g[oundwater.Hvwever, the quantity of usable groundwater,the potential effects of fuwre naUual aditions and anthropogenic activities on groundwater resoiuces,:and pote.ial impacts of groimda+ater withdiawals on stream flow,are not well uniierstood in the watershed Additional informatian is myuired to help ensiue the long-term sustainability of the area's groimdwater and surFace-water resources. Objective—The objective of tlris phese(phase III)of the study is to integrate pieviously collected and compiled informa6on fromphase I and,phase Il into a numerical groundwater flow model io contribuie to an improved imdeistanding of vi+ater resoiaces in the watershed. The model developed from this project will be ava7able to assist water resoiuce managers and water purveyors with regional water management planning and decision-making. Relevance and BeneSts—This study direcfly supports USGS mission and goals related to water-resource issues identified in the USGS Science Strategy.The study addresses groundwater aysilability and sustainability,a priority issue imder the Water Censua of the United States as outlined in'Facing Tomonow's challenges:,USGS Science in the Decade 2007-2017. This study also will provide resource managers and stake holders in the Puyallup River watetshed ivith the. means to evaluate potential hydrologic and anthropogenic impacts on groundwater and surfece- water resources,and more accurately delineate well head protecaon ereas:Tlris swdy is approp;iate for inclusion in the USGS Cooperative Program because it will provide informatian that advances understanding of hydrologic processes. Approac6—The focus of phase I and phese II of this study was: 1)the collection and analysis of data to cfiaracteri the grounclwatec flow system,and its interaction with associated sud'nce water features in the Puyallup River Wateashed;2)the compilation of water use data;and 3)the compilatian and analysis of data to estimate groundwaber recharge in the study area.The focus of this phase(phase IIl)of the study is the conslruction and celibration of a numerical groundwater flow model of the Puyallup River V atersfied to simulate potential hydrologic attd antflropogenic impacts on groundwater and surface-water resources. RES.C Page 164 of 198 Exhiblt A I Numerical 5imulation of the Water Resources in the Puyallup River Watershed, King and l ierce Counties,Wasliington A proposal prepared by the U.S. G logical Survey for the Gity of Auburn I Apri14,2014. Backgroand—ThePuyallup River Watershed occupies a 1,053-square-mile area in King and Pierce Counties, in western Washington(&g. 1). The:north to northwest flowing Puyallup River, and several major tributaries(the Wkute and Carbon Rivers)originate wiihin sparsely populated mountains of the Cascade Range to the east and traverse suburban, urban,and industria[ateas I before discharging to Puget Sound to the west.T'he watershed is underlain by a westward tliickening sequeace of uncoasolidated Quaternary glacial and interglacial deposits,underlain by Tertiary and older sedimentary,volcanic,and metamorphic bedrock units.Major population cente=s within the watershed include the cifles of Tacoma,Puyallup,5umner,and Orting. Problem—Groundwater is an importani resowce for domcstic;cammercial,and industrial izsage in the Puyallup River Watershed, and grouadwater disch ge helps maintain late-§ummef and early-fall stream flow(base flow)in manyares streams. Consequently;as the population grows,and commercial and industrial activity increase,so does the demand for groimdwater. However,the quantity of usable groundwater;the potential effects of future natival conditions and anthropogenic activities on groimdwater resou;ces,and potential impacts of groundwet eer witfidrawals on streamflow, are not well understood in the wateished. Additional mformation is required to help ensure the long-term sustainability of the area's groundwater and surface-water resources. i Objective—The objective of this phase(phase IIn of the study is to integrate previously i collected and compiled information from phasc 1 sud ghase II into a numerical groundwater flow model to con4ribute to an improved unders4anding of water resources in the watershed. The RES.C Page 165 of 198 F diibit A model developed from tivs project will be available to assist water resource managers and water purveyors with regional water management planning and decision-making. Relevance and Benefits—This study directly supports USGS mission and goals related tn water-resaurce issues identi5ed in the USGS Science Strategy.T'he study addresses groundwater availability and sustainability, a priority issue under tfie Water"Census of the United States as outlined in Facing Tomorrow's challenges: USGS Science in'the Decade 2007-2017. Tlus study I also will provide resource managers and stake holders in the Puyallup River watershed with the means to evaluate potential hydiologic and anthropogenic itnpacts on groundwata and surface- water resources,and more accwately delineafe soiuce water protecrion areas.This study is I appropriate for inclusion in the USGS Cooperative Program because it will provide information that advances understanding ofhydrologic processes. Approach—The focus ofphase d and phase II of tfiis s4udy,was: l)the collection and analysis of data to characterize the groundwaYer flow system,and ifs interaction with associated surface water features in the Puyallup River Watershed;2)the compilation of water use data;azid 3)the compilation and analysis of data to esGmate groimdwater recharge in the study area. The focus of this phase(phase III)of the study is ifie conshvotion and cali'bration ofa numerical groundwater: flow model af the Puyallup River Watershed to simulatepotential hydmlogic and antkuopogenic i iaipacts on gcnundwater and surface-water resources:An overview of the specific tasks needed to complete each element of the study is presented below.A project budget and timeliae are ven at the end of this document:The project d satiomis e cpected to be approximately 2.25 I y. Task l Construct and Calibrate a Steady-SYste Numerical Groundwater-Flow Model(FY14-I S} Pmject information will be integtated mto a numerical'flow model to contributie to an i i il il RES.C Page 166 of 198 Exhibil A I I improved understanding of water resources in the watershed.The numerical groundwater flow i model{MODFLOR will be conshucted to represent hydrologic pmcesses in the PRW,and i simulate potential anttaopogeniaand climaric impacts on groundwater and siuface-water resources.MODFLOW is a widely used three-dimensional, &nite-difference groundwater flow model written by the USGS (Hazbaugh and othaTS;2000),that includes the parameter estimadon programPEST(Doherty, 2005). Steady-state and transientcondition models wilibe constructed and calibrated. Model calibration and sensitivity analysis will be performed using parameter estimation methods. Synoptic,time-averaged,andmonthly grouadwater-level azui sh eam flow i data will be evaluated for use during steady-state model calibration.A cwnmercial g aphical user interface will be used to construct the model,manage the daffi,and conduct post-processing of modeling results. Modei boundary locations and conditions that match natural boundary features as closely as possible will be selected. Groundwater boundaries in the deeper parts of the aquifer system may not coincide with the PRW boundary, as deEned by surface-watet drainage patterns. If it can be determined,through the analysis of groundwater leveLs and other information,that groundwater movement in the deeper parts of the aquifer system aze govemed by regional boundary i conditions located beyond the watershed 6ound y,then those more distant and representative j features may be used to bound the model.The location of model boundaries thaY closely wrnlate to deeper aquifer conditions will allow water resouroe managers to achieve more plans ble i simulations of the potential effects of deeper aquifer withdrawals pn the groundwater and surface-wafer system. Previous hydrologic investigations in the Puget Sound.Lowland(Drost and others, 1999; Jones and others, 1999, Savoca and others, 2010)have documented conditions I groundwater-level and s eam flow measurements)that suggestmajor rivers produce no-Aow i RES.C Page 167 of 198 i ExhlDk A I boimdary conditions for all but the deepest aqtiifers in the region:The eastem boundary of the model will likely coincide with thc westem margin of the Cascade foothills,where permeable unconsolidated deposits thin above a rising lower=permeability bedrock surface.The model'w71 be bounded m the west by Puget Sound. Task 2 Convert 3teady-State Numerical Groundwater-Flow Model w Tiansiient and Calibrate F.Y 15)—The completed steady-state madel will be comerted to a transient conditions model,. T}ie ansient model will have a mont6ly time step. Syfioptic,time-averageil,and moniLly groundwater=level and stream flow data will be evaluated for use during transie model cahbration. Task 3 Model Performance SimulaGons(FY I6)—Model performance will be demonshated by approximately six simulations representiag a range of conditions. Simulations will demonshate mocleled responses(changes in roundwater levei and stream base flow)to variations in groundwater withdrawal iates,well depths and locations,and recharge rates(precipitation and anihropogenic infrastructure such es pav@ment and stocm watec d=sins). 9imulation coaditions will be deteanined by the USC3S by September 30,2015,in consultation wiffi project paiiaers and local stakeholders. Task 4 Prepaze Report SummarizingModel Construction snd Results (FYl—A report documenting model development, limitations,and the results finm approximaLely six simulations representing a range of potential anthropogenic'acrivities and hydcologic conditions will be prepared and published by September 30,2016.The USGS Publication Service Center(PSC) will ptovide illustration,editorial,and publishing services. Task S Transfer of Model to Coopeiator(FI'16)—The model,including input files,will be transferred to the cooperator ora des ee(s)of the cooperator 6y September 30,2016.The i RES.C Page 168 of 198 ExhibilA cooperator or their designee(s)will be required to have a wotking lmowledge ofappropriate modeling software. The USGS will not provide instruction on groundwater flow modeling or the use of modeling software. It is noted that the model and input files are witiva the public domain and will be provided to any entity requesting them. Budget—This phase(phase III)of tUe study will cost$470,040 over 2.25 fiscal years(FY 2014-2016).The portion of goject wsts to be provided by the Cityof Auburn is$24,280.All prolect costs will be shared equally by the USGS end the project partners. Funding per rs for phase III of the study include:.Wsshington State Department of Health,Caseade VJater Alliance, City of Tacoma,City of Puyallup,City of Sumner,Ciry of Aubnm,Ciry of Milton, SummiY Water 8c Supply Company, Lakehaven Utility District„Firgmve MuWal Water Comp y,end the Russell Family,Foundation Work on the model will.begin later this year using surplus funds om our prior JointFunding Agreemenis($24,040)and fimding provided by the Ruscell Family Foundation($15,000)with the USGS match($15,000). Funding Sources— Agency FY2015 FYZ016. USGS 27,520 $I1760 Ci of Aubum 12 520 $11 760 Total 40 040 $23;520 Timelroes aad Report Prodacts—T6e USCrS will piepare aailpublish a Scientific Investigatirnu Report describing numerical model construction,calibration,and selectad model simulations will be published,and the modet,mclud'mg mput 51es,will be iransfe d to,the project paztners by September 30,2016.The USGS ivill piovide anniial project updaDes to all project partners descdbing project pmg ess and aqy issues relating to the wmpletion of speciSc RES.C Page 169 of 198 xnion n project tasks.A pmject website will be establish and maintained for the duration of the study. I i A time line for the project is provided below. I Y 0 2014 2015 20I6 N Fedaal Fiscai Yeer 2014 2DI5 2016 Querter slmthig 6 < j3' fadc 1.0 Cmstrua md X X X mliffiate stendy-stak model T k 2.0 Coma[modei m X X X Ormsient coiWitlms md alibren Tmlc 3.0 Camdwt model X X pvfam w shaulatianc Tmk 4.0 Pmpam md puWis6 X X X X modal mport Tffik 3.0 T 9r crodel m X P P I I I I i I RES.C Page 170 of 198 ExhiDit A CPCpCR9 Doherty,J.,2005,PEST: Model-independent pffiameter estimation: Watermffik Numerical Computing, Corinda,Australia, [variouslY PaS• I brost,B.V.,Ely,D.M., andLum II, W.E., 1999,Conceptual model and numerical simulation of the ground-water-flow system in the uncansolidated sediments of Thurston County,Washington; U.S. Geological Survey Water-Resources lnvwtigations Report 99-4165,254 p. H baugh,A,VJ.,Banta;E.R,HiI1,M.C:,,and McDonald,M.G.,2000,MODFLOW-2000,the U.S. Geological Survey modular groimd-water model-User guide to modulari tion wncepts and'the ground-water flow process: U.S.Geological Siuvey Open-File Report 00-92, 121 p.. Jones,M.A.,(hr,L.A.,Ebbert,7.C.,and Sumioka,S.S., 1999,Ground-water hydrology of tho Tacoma-Puyallup area, Pieme County,Washington: U.S. Geological Survey Weter-Resources Investigations Report 99-4013, 154 p. Savoca,M.E.,Welch,W.B.,Jolmson,K.H:,Lade,RC.,C1oUuer,B.G.,and Fasser;E:T,201 Q Hydrogeblogic fiamework,groundwater movemant;and water budget in the Chembers-Clover Creek Watershed and vicinity,Pierce CounTy, Weshington:U.S.Geological Survey Scie i5c Investigations Report 2010.5055,46 p. i I I I IRES.C Page 171 of 198 Exhibit A 172°JO' YNIS' @? 121M6 121°70' 4 , , , , o ,S omi s 0 15 20 25 30KILOMETERS 1a 12100098 12101100 WASNWGT N 120 6560'• '•,,f q7° p ,3 - tY 00 r,—TBCOIAB p ki y.A Sumn L_r`. PUYBIIyp Mr dMoultM 9Wriffim i 121Q2190 17101600. Z i r,...r'. 12102075 1 `aT ;! ,.., a 1 C' /2p9g6p .. ,,. . . 4 ' • , 'y- '. 11 . _ 1 e J pj 1 '! 1109360U .. n.. ,1", ., %ii/. . e v. 1 1j, G7° f q/ i}J / '{ ^,t fl ff -°'y . f p'(f/, J I1 O V• CtYl:i .i . 1 Ra6'f. '.{j '' _'^' 9 EXPUINATION 5. 'Mw!Rgln I p HEAL•TIME SUfGAC6LMATER 5fAT10N , I .; s .. , . / I pNONREA4TIMESUiFACFWATBiSTATION !'; 4 , I i 18, I Figure 1.Map of Puyallup River Watershed. I i I II RES.C Page 172 of 198 minn n I n '' :..` s 1M :. '+...lo e,y+i.*D'`.: J ': 1.. l `Ji . -TI ry. o. d "+. r`{' .T T.,. ,- • F : ! w . r , y/ b . ,h, a r4. J e'"`t'. 1;y n '„isr yx% :,. ,"'"f i."'y.'e,' I I"a; - ti F ' t l .., L^i y.., i . :r Y.C''! N Yr :,, t - 9:,n , .` ww ' Y . t; J;l." ', } d`...'trt St ' 4 f 1 Y 5 ,1 S ti F M1 I yi t r. , . .'Sit:. W j'. a'"y ar Jv 1 °p.'+•"` p'` ^' . Ir' l ;,v p' 1 T . , r r N l4 ri kty } s[ 4" .r / .r r,-' ii f .^,.,, a q,f,, yr I._5+" +;,. f '. I ~ ~ . "Ar.w.u. ' - 1 P a. M+Y 1 o . ;+,,;.-""— y i f 4,.y , ..,,?c,..,{',=•?a f . .y i1,; ty } .• J ,.. / + '.; f i r' \ °' . nnoh" ._.,, ,1 '` 'i. Y ", .y.,.. 1 T a 7 V r Sy ysF ^ .„'" t 1 J ^. / l.* : s y t; ... k R, r1 T_i Y g •. / , ' N e J ..r d 1, .1..1 A 1 r r iS fe r !r ' T r f a t ' r *; r Y '` r 1 ` y r p i '}'t; ~.f 3X >. . - L1 ,"t .I ,{ . i-, r.r 'V R ( .+ • t ',a 'ro 1' . ` ni ' ` R`''`'^'K`• " N t . i L ,; y i, h .' y. . i .:° I r i+fi•`7,,rt_-;,.`:"U'w c.. 'yy"".'. u! y;. s _ 4 '* ry,^ , nCyiwnpou fiMwoiW Yw tb`J b:.^'S. .r . i n:_L i r_': Figure 2. Map of Puyallup River Watershed study area. I I i RES.C Page 173 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5066 Date: April 29, 2014 Department: Public Works Attachments: Resolution No. 5066 Original MOA MOA Amendment 2 MOA Amendment 1 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5066. Background Summary: Resolution No. 5066 authorizes the Mayor and City Clerk to amend the existing Memorandum of Agreement for traffic maintenance services between the City of Auburn and Pierce County to extend the completion date to December 31, 2014. The maximum consideration under this contract for 2014 is $175,000 and is budgeted within the Streets fund. This is the same level used in 2013. In 2011 the City of Auburn executed the memorandum of agreement with Pierce County Traffic Services division to provide roadway maintenance south of the White River in order to test the competitiveness and quality of Pierce Counties services as compared to King County. Staff was very pleased with the customer service and quality of work provided by Pierce County and expanded the scope of the agreement to provide for citywide roadway striping services with MOA Amendment was completed in 2012 and provided the budget authority for initiating the citywide LED signal head re-lamping project. Reviewed by Council Committees: Finance, Public Works Councilmember:Osborne Staff:Snyder Meeting Date:May 5, 2014 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 174 of 198 RESOLUTION NO. 5066 A RESOWTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO AMEND THE MEMORANDUM OF AGREEMENT WITH PIERCE CQUNTY FOR THE. PURPOSE OF PROVIDING ROAD SERVICES WHEREAS, the City of Aubum owns public roads and traffic devices which require periadic maintenance and/or other improvemerrts; and WHEREAS, Pierce County Transportation Services Division is in a position to provide certain emergency services, maintenance and road improvemer ts services for the City at a cost that is advarrtageous to the City; and WHEREAS, the City previously entered into a contract with the Pierce County Transportation Services Division for such eme gency, maintenance and road improvements services; and WHEREAS, extending the contractwould provide the continued benefR of cost savings and qualiqr service to the City and a fuller utilization of County equipment at a fair rate of compensation;and WHEREAS, the parties are authorized by Chapter 39.34 of the Revised Code of Washington to enter into an interlocal cooperation agreement. of this nature. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5066 April22, 2014 Page 1RES.D Page 175 of 198 Section 1. That the Mayor is hereby authorized to amend the Memorandum of Agreement, in substantial conformity with the Amendment attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2014. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Weid, CityAttomey Resolution No. 5066 April 22, 2014 Page 2RES.D Page 176 of 198 EXHIBIT A THIRD AMENDMENT TO MEMORANDUM OF AGREEMENT NO. 71-79192 BETWEEN PIERCE COUNTY AND CITY OF AUBURN REGARDING TRAFFIC AAAINTENANCE SERVICES THIS THIRD AMENDMENT to Agreemerrt 11-79192 is entered into befinreen PIERCE GOUNTY, a municipal corporation and political subdivision of the State of Washington(herein referred to as"COUNTY"), and CITY OF AUBURN, a municipal corporation of the State of Washington (herein referred to as "CITY"). WHEREAS, the parties hereto have previously entered into Agreement No.11- 79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities of the parties with regards to the tra c maintenance services requested by the CITY; and WHEREAS, said Agreement was amended by CITY Resolution 4827 to add additional funds dueto estimated work exceed'ing original budget due to 4he CITY requesting road striping services, by the first amendmenf on June 5, 2012, and WHEREAS, said Agreement was further amended by CITY Resolution 4854 to add additional services and funds for replacement of LED lighting modules, by the second amendment on September 27, 2012; and WHEREAS, the parties desire to execute a third amendment to the Agreement to extend the termination date, and add additional funds for the extended term; NOW, THEREFORE, in consideration of the mutual benefds to be derived by each of the parties, IT IS HEREBY AGREED as follows: 1. The completion date is extended from December 31, 2013 to December 31, 2014. 2. The maximum consideration for the extended term is $175,000.00 for traffic maintenance services requested 6y the CITY. 3. All other terms and conditions of the original agreement and all supplements, modifications, and amendments thereto shall remain in full force and effect. MemorandumofAgreement #11-79192 Amendment#3 Page 1 RES.D Page 177 of 198 EXHIBIT A IN WITNESS WHEREOF, the parties.hereto haVe caused this amendment to be duly executed, such part'ies acting by their representatives being there unto duly authorized. The parties have executed this Agreement this_day of May, 2014. CITY OF AUBURN: PIERCE COUNTY: Approved as to legal form only: By: By: Mayor Date Deputy Prosecuting Attomey Date Approved as to form only: Recommended: By: By; City Attomey Date Budget& Finance Date Attest: Approved: By: By: City Clerk Date Department Director Date less than$250,00) By: Pierc County Executiye Date 250,000 or more) Memorandum of Agreement #11-79192 AmendmeM tf3 Page 2 RES.D Page 178 of 198 RES.D Page 179 of 198 RES.D Page 180 of 198 RES.D Page 181 of 198 RES.D Page 182 of 198 RES.D Page 183 of 198 SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT NO. 11-79192 BETWEEN PIERCE COUNTY AND CITY OF AUBURN REGARDING TRAFFIC MAINTENANCE SERVICES THIS SECOND AMENDMENT to Agreement 11-79192 is entered into between PIERCE COUNTY, a municipal corporation and political subdivision of the State of Washington(herein referred to as "COUNTY"), and CITY OF AUBURN, a municipal corporation of the State of Washington (herein referred to as "CITY"). WHEREAS, the parties hereto have previously entered into Agreement No.11- 79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities of the parties with regards to the traffic maintenance services requested by the CITY, and WHEREAS; said Agreement was amended to add additional funds due to estimated work exceeding original budget due to the CITY requesting road striping services, by the First Amendment on June 5, 2012, and WHEREAS, the CITY is requesting the COUNTY provide additional services to replace LED lighting modules in their traffic signals which costs would exceed the estimated amount allowable per calendar year in this agreement; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by each of the parties; IT IS HEREBY AGREED as follows: 1 The COUNTY shall provide the agreed upon requested services to'the CI T Y in accordance with this agreement. 2. The maximum consideration of this agreement shall be increased from $125,000 per calendar year to $175,000 per calendar year for 2012 and 2013. 3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT Memorandum of Agreement #11-79192 Amendment#2 Page 1 RES.D Page 184 of 198 IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed, such parties acting by their representatives being there unto duly authorized. The parties have executed this Agreement this Z f day of September, 2012. CITY OF AUBURN PIERCE COUNTY Ma_ r Date DEPUTY PROSECUTI ATTORNEY Date as to form only) ATTEST Date p la,, BUDGET AN 0 FINANCE Ci Clerk Date Approved: Apr7n Date v DE_ A DIRECTOR Date City Attorney to Memorandum_of Agreement #11-79192 Amendment#2 Page 2 RES.D Page 185 of 198 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT NO. 11-79192 BETWEEN PIERCE COUNTY AND CITY OF AUBURN REGARDING TRAFFIC MAINTENANCE SERVICES THIS FIRST AMENDMENT to Agreement 11-79192 is entered into between PIERCE COUNTY, a municipal corporation and political subdivision of the State of Washington(herein referred to as "COUNTY"), and CITY OF AUBURN, a municipal corporation of the State of Washington (herein referred to as "CITY"). WHEREAS, the parties hereto have previously entered into Agreement No.11- 79192 fully executed on July 8, 2011, to establish the rights, duties, and responsibilities of the parties with regards to the traffic maintenance services requested by the CITY, and WHEREAS, the services requested by the CITY costs exceed the estimated amount allowable per calendar year in this agreement; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by each of the parties; IT IS HEREBY AGREED as follows: 1 The COUNTY shall provide the agreed upon requested services to the CITY in accordance with this agreement. 2. The maximum consideration of this agreement shall be increased from $25,000 per calendar year to $125,000 per calendar year for 2012 and 2013. 3. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed, such parties acting by their representatives being there unto duly authorized. Memorandum of Agreement #11-79192 Amendment#1 Page 1 RES.D Page 186 of 198 The parties have executed this Agreement this 5th day of June, 2012. CITY OF AUBURN PIERCE COUNTY Signature Date DE 1 'ROSECUTING ATTORNEY Date al fort only) Title a S GUfi- d 7 I I I Z BUDGET AND FINANCE Date Approved: DEPARTMENT DIRE TO Date EXECUTIVE Date Memorandum of Agreement #11-79192 Amendment#1 Page 2 RES.D Page 187 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5067 Date: April 29, 2014 Department: Finance Attachments: Resolution No. 5067 Application CIP Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5067. Background Summary: The City’s Airport is in need of improvements to its security gate, an obstruction survey for GPS approach and to acquire land from King County to protect approaches. The cost of these projects is estimated to total $500,000.00, funding for which will come from the FAA, the Washington State Department of Transportation (grant), and the City of Auburn. This request is to apply for, and accept, the proposed award of $25,000.00 from the Washington State Department of Transportation (WSDOT), Aviation Division. Other Airport Projects Sources of Funding: Funding Source Amount Federal Funds (FAA) 450,000.00 State Funds (WSDOT) 25,000.00 Local Funds 25,000.00 Total $500,000.00 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:May 5, 2014 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 188 of 198 RESOLUTION NO. 5 0 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO APPLY FOR, AND IF AWARDED, TO ACCEPT FEDERAL GRANT FUNDS IN THE AMOUNT OF $450,000.00 FROM THE FEDERAL AVIATION ADMINISTRATION, AND STATE GRANT FUNDS IN THE AMOUNT OF $25,000.00 FROM THE:WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AVIATION DNISION FOR VARIOUS AIRPORT IMPROVEMENTS, AND AUTHORIZIIdG THE EXECUTION OF THE GRANT AGREEMENT THEREFOR WHEREAS, the Auburn Municipal Airport is in need of improvements to its security gate, an obstruction suaey for GPS approach, and to acquire land from King Counry to protect approaches, at a total cost of $500,000.00 in order to ensure the airport is in compliance with FAA standards; and, WHEREAS; the City of Auburn will apply for a Federal Aviation Administration grant in the amount of Four Hundred Fifty Thousand Dollars 450,000.00), representing funds to be used towards these improvements as spec ed above; and WHEREAS, the City of Aubum will su6mit to the Washington State Departrnent of Transportation (WSDOT) a request for state grant funds in the amount of Twenty-Five Thousand Dollars ($25,000.00), representing funds to be used towards these improvements as spec ed above; and WHEREAS, the City of Aubum has available and is willing to provide the remaining amount up to TweMy-Five Thousand Dollars ($25,0OO.OU)needed as the City's local match. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF Al1BURN, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Resolutlon No. 5067 April 24, 2014 Page 1 of 2RES.E Page 189 of 198 Section 1. Purpose. The Auburn City Council does hereby authorize the City's expenditure of Twenty-Five Thousand Dollars ($25,000.00) needed to complete this project. The Mayor of the City of Aubum is hereby authorized to apply for the Federal Aviation Administration and Washington State Departrnent of Transportation, Aviation Division grants, and to accept theses grants should they be awarded to the City of Aubum. Section 2. Implementation. The Mayor of the City of Aubum is heretiy authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full foroe upon passage and signatures hereon. DATED and SIGNED THIS DAY OF 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Cleric A T Daniel B. Heid, City Attorn Resolution No. 5067 April 24, 2014 Page 2 of 2RES.E Page 190 of 198 RES.E Page 191 of 198 DRAFT PROJECTS FOR WSOOT MD FAA As N Feb 16 3030 Projecl5ta priority ProjectlItle Proje Descr dYear Total FAA Stns City NojM[ ategory WorkCodes PTOjeetStatus 1 Conduct Master Nan Update Update to Master Man 2012 225, 000 202, 500 11, 250 11, 150 Planning Pi N ME Funded 2 Wildlife Hazard Assesment W. I& fe Hazard Assesment 2013 70, 000 63AM 3, 500 3, 500 Caphal, Planning EN, PLW Funded Apron Rehablihtlon( am wdh Runway -. Crack k4ing and top ma0ng apron, taairiys 3 116/ 341 and runway with striping. 2613 3110im 220POO 15, 1tl10 15, 000 Ma( ntenanegiefety, REAP, IM Funded RUnway16/ 34SW; dRg(,.% uhAphm Re- striperunwaytigUacladtloon- 3 : rehab) precision Instrument markings to runway_ _ 3014 101000 _ 9, 000 50) S00 Safety, Ru eery Safety RE, RW, IM Manned Install semnry, cameras and upgraded gale- 3 , SeNtity, Camera and Gate access upgrdes ' owdedarcenthroughon airport 2014 50, 000 49, 000 2, 500 500 Weer Obstruction Survey to lower minimums and Obstruction Survey for GPS Apprpech( Neat remove night/ clrcle restriction on existing 4 '. Gen) lappmacit 2015 150, 000 135)= 7, 500 7, SO0 Capital Star, 06 Planned Eattlld runway 16/ 34 per AsP/ Master Nan 4 Runwarextemsen _ __ _ _ MN_ lfm increased safety 2016 1, 100, 000 M." 55, 000 55, 000 Ruewaysaaly Acquire land A the current Park and Ride for .- __ 5 ret and- Park and Ride future approaches 2015 300. 000 270MO 15. 000 55, 000 Namdogland Auquisaon gAAf2 Planned Install Weather Reporting EnApment for 6 Install Weather Ren rring Equipment Instrument Apprroach 2017 300, 000 2M.= IS, WO 15, 000 Capital, 5afety ST, EQM manned Comirurt Fuel farm for let A service at 7 { pent Fuel Farm For Jet airport 2017 150, 000 135, 000 2, 500 7, 500 Capital5wety OT, OT, FF Panned 8 ' Aequire lard- Armstmlg Acquire lad from Armr mrs, 1147 act 2018 735, 206 % 1, 051 36, 760 36, 760 Iland Acquisition 51', IA, DV Planned Acquire Land Noon Columbia Bank surplus 9 Acqure lad{ oWmbia Bank Property 201E 300, 000 27Q000 IS, OW 15, 000 Paonkng, laM Aegdskmn ST, IgOV Panned mi icator) for Runway 16/ 34 to replace agir6 ID_ NSbg PAN for Runway 16/ 34 IMF) _ _ VAS( system. 2039 100) 000 WAW 5, 000 S, 000 Safetyltunway Safer, ST. RW, VI Pained 11 West Side Famorg Install Fence on West Side of propvry, 2019 42, 000 37, 800 2, 100 2, 100 Caloal, Safery, 5eeurity EOISE Named 2/ 19/ 2014 Draft brpo0 CIP for WSDOT 1 RES.E Page 192 of 198 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5068 Date: April 30, 2014 Department: Administration Attachments: Resolution No. 5068 & agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5068. Background Summary: On March 22, 2014, Snohomish County experienced a devastating landslide that impacted the City of Oso and surrounding communities. Snohomish County requested Mutual Assistance from the City of Auburn to support their emergency operations. In order to receive reimbursement for those costs above and beyond normal City of Auburn operating costs, a Mutual Assistance agreement must be signed with Snohomish County. Reviewed by Council Committees: Finance Councilmember:Wales Staff:Hursh Meeting Date:May 5, 2014 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F Page 193 of 198 RESOLUTION NO. 5 0 6 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OFAUBURN AND SNOHOMISH COUNTY FOR MUTUAL ASSISTANCE, AND TO DONATE STAFF TIME RELATED TO THE 3TATE ROUTE 530 FLOOD AND MUDSLIDE WHEREAS, RCW 38.56.020, Intrastate Mutual Aid System ("System"), was established to provide for mutual assistance in an emergency among political subdivisions and federally recognized Indian tribes; and WHEREAS, Snohomish County requested assistance from all local jurisdictions to assist in responding to the State Route 530 Flood and Mudslide ("Slide"); and WHEREAS, the Slide was an unprecedented natural disaster, which claimed at least 40 lives, and has cost, and is costing, Snohomish County and its communities millions of dollars; and WHEREAS, the City of Aubum provided City staff and civilian volunteers to proVide support to the Snohomish County Emergency Operations Center ("EOC") for approximately two weeks; Of the staff and volunteers that provided assistance to the EOC, two were salaried employees, one was hourly, one was a contract employee, and the 'rest were civilian volunteers. All City staff obtained permission from their Department Heads and the Mayor to deploy, and their co-workers provided support so that none of their regular work suffered..•. Therefore, there was very little additional cost to the City (some overtime for the hourly employee, and the cost of the contracY employee); and Resolution No. 5068 April 29, 2014 Page 1 of 3RES.F Page 194 of 198 WHEREAS, while RCW 38.56.020(3)(a) automatically includes Aubum in the System, good accounting procedures dictate that requesting and responding organizations enter into written agreements that provide for a process for otitaining reimbursement from the requesting jurisdiction to the responding jurisdicfion; and WHEREAS, RCW 38.56.070(1) allows a responding jurisdiction to donate assistance provided to a requesting jurisdiction. Additionally, the value ofi donated assistance may be used by the requesting jurisdiction to qualify for federal assistance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the City Council and Mayor of the City of Aubum expresses its deepest sympathy to the Oso Community, and the Cities of Arlington and Darzington on the loss of their loved ones, colleagues, and neighbors. Section 2. That the Mayor is hereby authorized to execute an Agreement between the City and Snohomish County for Mutual Assistance, which agreement shall be 'in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Sec4ion 2. That the Mayor is authorized to donate .the staff costs incurred by the City, with the exception of overtime, and the amount incurred for cantract employees, to Snohomish County. Section 3. That the Mayor implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5068 April.29, 2014 Page 2 of 3RES.F Page 195 of 198 Section 4. That 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 NANCY BACKUS, MAYOR ATTEST:. Danielle E. Daskam, City Clerk APPRO AS O FORM: Daniel B. Meid, City Atto ey ResoluGon No. 5068 April 29, 2014 Page;3 of 3 RES.F Page 196 of 198 Exhibit A EMERGENCY RESPONSE AND RECOVERY MUTUAL ASSISTANCE AGREEMENT THIS AGREEMENT is entered by and between Snohomish County, hereafter referred to as "Requesting Jurisdiction" and the City of Aubum, hereafter referred to as the "Responding Jurisdiction". WHEREAS, RCW 38.56.020, intrastate Mutual Aid System, was established to provide for mutual assistance in an emergency among political subdivisions and federally recognized Indian tribes; and WHEREAS, the Requesting Jurisdiction has experienced a devastating catastrophic event requiring immediate response and recovery efforts; and WHEREAS; the Requesting Jurisdiction and Responding Jurisdiction are member jurisdictions of the Intrastate Mutual Aid System; and WHEREAS, mutual assistance has been requested by the Requesting Jurisdiction from the Responding Jurisdiction. BILLING AND PAYMENT: The Responding Jurisdiction will maintain a record of co§ts of mutual assistance provided and submit timely invoice(s) for reimbursement. The Requesting Jurisdiction shall promptly reimburse the Responding Jurisdiction for'all response and recovery expenses incurred. Such expenses must be properly ascertained, accumulated and reported to the Requesting Jurisdiction. TRANSFER/ASSIGNMENT: Neither party shall have the right to transfer or assign, in whole or part, any or all of its obligations and rights hereunder without the prior written consent of the other party. When executed, this agreement shall be Mutual Assistance Agreement Snohomish County/City of Auburn Page 1 of 2 RES.F Page 197 of 198 binding upon and shall inure to the benefit of the parities and their successors in interest. TERM OF AGREEMENT: This agreemenf shall be in force upon signature of both parties. If either party desires to terminate the relationship created by this agreement, then they must provide not less than ninety (90) days written notice to fhe ofher party. RELEASE AND HOLD HARMLESS: The Responding Jurisdiction agrees to release and hold harmless 4he Requesting Jurisdiction from any and all injuries, illness or losses which an individual may suffer as a result of serving in the above capacity. COMMAND, CONTROL AND COORDINATION: The Responding Jurisdiction shall exercise direct supervisory authority over assigned individuals providing mutual assistance. NANCY BACKUS, MAYOR Snohomish County Signature Dated: Dated: APP VED S TO FORM APPROVED AS TO FORM: Daniel B. id, City ttom Snohomish County Signature Dated: Dated: Mutual Assistance/\qreement SnoFiomish County/City of Aubum Page 2 of 2 RES.F Page 198 of 198