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03-14-2016 SPECIAL CITY COUNCIL MEETING AGENDA
Special City Council Meeting March 14, 2016 - 4:00 PM Auburn City Hall AGENDA I. CALL TO ORDER II. PUBLIC HEARINGS A. Public Hearing for Franchise Agreement No. 10-23 (Snyder) City Council to conduct a public hearing in consideration of renewal of Franchise Agreement No. 10-23 for New Cingular Wireless PCS, LLC (Recommended Action: City Council to hold public hearing. See Ordinance No. 6586 for details) B. Public Hearing on the Draft 2016 Stormwater Management Program Plan* (Snyder) City Council to conduct a public hearing to receive public comments and suggestions on the 2016 Stormwater Management Program Plan (RECOMMENDED ACTION: City Council to hold public hearing.) III. 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. 2016 Annual On-Call Agreements* (Snyder) City Council to approve the annual On-Call Professional Service agreements for 2016 B. Public Works Contract No. 16-11* (Snyder) City Council to award Contract No. 16-11 to Jaymarc AV based on their proposal to provide and install Audio Visual (AV) equipment for the new Community and Teen Center (RECOMMENDED ACTION: City Council approve the Consent Agenda.) IV. ORDINANCES A. Ordinance No. 6586, First Reading* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, authorizing the renewal of Franchise Agreement No. 10-23 and amendment of Ordinance No. 6344 with New Cingular Wireless PCS, LLC (RECOMMENDED ACTION: City Council adopt Ordinance No. 6586.) B. Ordinance No. 6589, First Reading* (Snyder) Page 1 of 127 An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Canyon Creek at Peasley - Division 1 (RECOMMENDED ACTION: City Council adopt Ordinance No. 6589.) V. RESOLUTIONS A. Resolution No. 5213* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, Amending Section D, Auburn Municipal Airport Fees, of the current City of Auburn Master Fee Schedule (RECOMMENDED ACTION: City Council adopt Resolution No. 5213.) B. Resolution No. 5214* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary for rights- of-way and easements for property rights related to City Project No. C222a – S 277th Street Corridor Capacity & Non-Motorized Trail Improvements (RECOMMENDED ACTION: City Council adopt Resolution No. 5214.) C. Resolution No. 5215* (Heid) A Resolution of the City Council of the City of Auburn, Washington, amending the moratorium adopted and established by Resolution No. 5194, which established a moratorium on the allowance, acceptanceor processingof applications for business licenses and other licenses, permits and approvals for marijuana/cannabisrelated businesses and uses (RECOMMENDED ACTION: City Council adopt Resolution No. 5215.) D. Resolution No. 5218* (Hinman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Construction Agreement between the City of Auburn and Habitat for Humanity (RECOMMENDED ACTION: City Council adopt Resolution No. 5218.) VI. 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 2 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Franchise Agreement No. 10-23 Date: March 7, 2016 Department: CD & PW Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council to hold a public hearing in consideration of renewal of Franchise Agreement No. 10-23. Background Summary: Per Auburn City Code Chapter 20.06.140 a public hearing shall be held to consider the renewal of Franchise Agreement No. 10-23 for New Cingular Wireless PCS, LLC to continue to operate a telecommunications system within the City’s rights of way. The date of the pubic hearing was set by Resolution No. 5198 on February 16, 2016. Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:March 14, 2016 Item Number:PH.1 AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 3 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing on the Draft 2016 Stormwater Management Program Plan Date: March 7, 2016 Department: CD & PW Attachments: Draft 2016 Stormwater Management Program Plan Budget Impact: $0 Administrative Recommendation: City Council hold a public hearing to receive public comments and suggestions on the 2016 Stormwater Management Program Plan. Background Summary: City Council to conduct a public hearing on the City's Stormwater Management Program Plan that was prepared in response to the Washington State Department of Ecology's Western Washington Phase II municipal Stormwater Permit. The Phase II permit covers the discharges from Auburn's storm drainage system. Implementation of the Stormwater Management Program Plan is designed to reduce the discharge of pollutants, protect water quality, and meet the requirements of the Federal Clean Water Act. A public hearing is required to be held to receive public comments and suggestions on the 2016 Stormwater Management Program Plan. Written comments are also being accepted through the close of business on March 7, 2016. Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:March 14, 2016 Item Number:PH.2 AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 4 of 127 CITY OF AUBURN 2016 STORMWATER MANA GEMENT PROGRAM PLAN City of Auburn, WA March 2016 PH.2 Page 5 of 127 Table of Contents City of Auburn 2016 SWMP Plan ii H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.Docx TABLE OF CONTENTS 1. INTRODUCTION........................................................................................................................................................ 1 1.1 Overview .......................................................................................................................................................... 1 1.2 Regulatory Background ................................................................................................................................... 1 1.3 City of Auburn Regulated Area ........................................................................................................................ 2 1.4 SWMP Implementation Responsibilities .......................................................................................................... 2 1.5 Document Organization ................................................................................................................................... 2 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 3 2.1 Permit Requirements ....................................................................................................................................... 3 2.2 Planned 2016 Compliance Activities ................................................................................................................ 3 3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 4 3.1 Permit Requirements ....................................................................................................................................... 4 3.2 Planned 2016 Compliance Activities ................................................................................................................ 4 4. PUBLIC INVOLVEMENT AND PARTICIPATION ...................................................................................................... 6 4.1 Permit Requirements ....................................................................................................................................... 6 4.2 Planned 2016 Compliance Activities ................................................................................................................ 6 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 7 5.1 Permit Requirements ....................................................................................................................................... 7 5.2 Planned 2016 Compliance Activities ................................................................................................................ 7 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .... 9 6.1 Permit Requirements ....................................................................................................................................... 9 6.2 Planned 2016 Compliance Activities .............................................................................................................. 10 7. MUNICIPAL OPERATIONS AND MAINTENANCE ................................................................................................. 12 7.1 Permit Requirements ..................................................................................................................................... 12 7.2 Planned 2016 Compliance Activities .............................................................................................................. 13 8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................................................ 14 8.1 Planned 2016 Compliance Activities .............................................................................................................. 15 9. MONITORING .......................................................................................................................................................... 16 9.1 Permit Requirements ..................................................................................................................................... 16 9.2 Planned 2016 Compliance Activities .............................................................................................................. 16 APPENDIX A ............................................................................................................................................................... 17 PH.2 Page 6 of 127 iii H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx LIST OF TABLES Table 2-1. 2016 Stormwater Management Administration Program Work Plan ...................................................... 3 Table 3-1. 2016 Public Education and Outreach Work Plan .................................................................................. 5 Table 4-1. 2016 Public Involvement and Participation Work Plan ........................................................................... 6 Table 5-1. 2016 Illicit Discharge Detection and Elimination Work Plan ................................................................... 7 Table 6-1. 2016 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan....... 10 Table 7-1. 2016 Municipal Operations and Maintenance Work Plan .................................................................... 13 Table 8-1. 2016 Compliance with TMDL Load Requirements Work Plan ............................................................. 15 Table 9-1. 2016 Water Quality Monitoring Work Plan ........................................................................................... 16 PH.2 Page 7 of 127 1 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 1. INTRODUCTION 1.1 Overview This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and maintenance of this SWMP Plan is required by the Washington State Department of Ecology (Ecology) as a condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s). The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming year. The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality, and meet the requirements of the federal Clean Water Act. Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s Stormwater Management Program. 1.2 Regulatory Background The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State Department of Ecology (Ecology). In Washington, municipalities with a population of over 100,000 are designated as Phase I communities and must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit. Auburn’s population is below the 100,000 threshold, so the City must comply with the Phase II Municipal Stormwater Permit. About 100 other municipalities in Washington must also comply with the Phase II Permit, as operators of small municipal separate storm sewer systems (MS4s). Ecology’s Phase II Municipal Stormwater Permit is available on Ecology’s website at http://www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseIIww/wwphiipermit.html The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the state’s water bodies (e.g., streams, rivers, lakes, wetlands, and aquifers) as long as municipalities implement programs to protect water quality by reducing the discharge of “non-point source” pollutants to the “maximum extent practicable” (MEP) through application of Permit-specified “best management practices” (BMPs). The BMPs specified in the Permit are collectively referred to as the Stormwater Management Program (SWMP) and grouped under the following Program components: Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination Controlling Runoff from New Development, Redevelopment, and Construction Sites PH.2 Page 8 of 127 1: Introduction City of Auburn 2016 SWMP Plan 2 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx Municipal Operations and Maintenance In addition to the SWMP components the Permit contains special conditions covering: Compliance with Total Maximum Daily Load requirements Monitoring and Assessment Reporting Requirements The Permit issued by Ecology became effective on August 1, 2013, was modified January 16, 2014 and expires on July 31, 2018. The Permit requires the City to submit an annual report no later than March 31st of each year beginning in 2015, on progress in SWMP implementation. The Permit also requires submittal of a SWMP Plan which describes proposed SWMP activities for the current calendar year. The SWMP Plan is to be updated annually and be included in the submittal of the previous year’s annual report. 1.3 City of Auburn Regulated Area The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of the City drain to public infiltration facilities where the stormwater soaks into the ground. 1.4 SWMP Implementation Responsibilities The Utilities Engineering Division in the Community Development and Public Works Department coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables in each Chapter provide the lead departments for the associated task. Other major departments/divisions included in the 2016 SWMP implementation are Maintenance and Operations (M&O), Human Resources (HR), Development Engineering, Permit Center, Innovation and Technology (IT), and Parks. 1.5 Document Organization The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The program components of this SWMP are organized as listed in the Permit: Section 2.0 addresses administering the City’s Stormwater Management Program. Section 3.0 addresses public education and outreach. Section 4.0 addresses public involvement and participation. Section 5.0 addresses illicit discharge detection and elimination. Section 6.0 addresses controlling runoff from new development, redevelopment, and construction sites. Section 7.0 addresses municipal operations and maintenance. Section 8.0 addresses compliance with TMDL requirements. Section 9.0 addresses monitoring. Each section includes a summary of the relevant Permit requirements and a table showing the planned activities for 2016. This document also includes acronyms and definitions in Appendix A for easy reference. PH.2 Page 9 of 127 3 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 2. STORMWATER MANAGEMEN T PROGRAM ADMINISTRA TION This section of the SWMP describes Permit requirements related to overall Stormwater Management Program administration, and planned compliance activities for 2016. 2.1 Permit Requirements The Permit (Section S5.A) requires the City to fulfill the following actions during the 5-year Permit cycle: Develop and implement a Stormwater Management Program (SWMP) and prepare written documentation (SWMP Plan) for submittal to Ecology by March 31 of each year. The purpose of the SWMP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum extent practicable and thereby protect water quality. The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming calendar year, including any actions to meet the requirements of S7 Compliance with Total Maximum Daily Load Requirements, and S8 Monitoring. Implement a program for gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to set priorities. Coordinate with other permittees on stormwater related policies programs, and projects within adjacent or shared areas. Coordinate between City departments to eliminate barriers to compliance with the terms of the permit. 2.2 Planned 2016 Compliance Activities Auburn has positioned itself to maintain compliance. Table 2-1 presents the proposed work plan for the 2016 SWMP administration activities. Table 2-1. 2016 Stormwater Management Administration Program Work Plan Task ID Task Description Lead Compliance Timeframe SWMP-1 Revise and update the City’s Stormwater Management Program Plan (SWMP Plan) to identify planned SWMP activities for 2016. Utilities Engineering The SWMP submittal is due by March 31st of each year. SWMP-2 Track program element implementation. Utilities Engineering Annual Reporting is due by March 31st of each year beginning in 2015. PH.2 Page 10 of 127 4 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 3. PUBLIC EDUCATION AND OUTREACH This section describes the Permit requirements related to public education and outreach, and planned compliance activities for 2016. 3.1 Permit Requirements The Permit (Section S5.C.1) requires the City to fulfill the following actions during the 5-year Permit cycle: Prioritize and target education and outreach activities to specified audiences, including the general public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors, developers, and land use planners to build general awareness and to effect behavior change with the intent to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. Have an outreach program that is designed to improve the target audience’s understanding of the problem and what they can do to solve it. Create and/or partner with existing organizations to encourage residents to participate in stewardship opportunities. Measure the understanding and adoption of the targeted behaviors for at least one target audience in at least one subject area. Use the resulting measurements to direct education and outreach resources most effectively. Track and maintain records of public education and outreach activities. 3.2 Planned 2016 Compliance Activities The City plans to continue the program that has been developed over the last permit cycle. The target audiences include: The general public Businesses (including home-based and mobile businesses) Residents/homeowners Landscapers Property managers Engineers, contractors, developers and land use planners PH.2 Page 11 of 127 3: Public Education and Outreach City of Auburn 2016 SWMP Plan 5 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx Table 3-1 presents the work plan for the 2016 SWMP public education and outreach activities. Table 3-1. 2016 Public Education and Outreach Work Plan Task ID Task Description Lead Compliance Timeframe EDUC-1 Continue collaboration with other NPDES municipalities through Stormwater Outreach for Regional Municipalities (STORM) and Puget Sound Starts Here efforts to promote regional education and outreach programs. Utilities Engineering Refinements to existing public education and outreach activities are on- going. EDUC-2 Refine education and outreach strategy to supplement existing education activities. An example would be evaluating the current pet waste cleanup education strategy to determine whether more frequent outreach is required. Utilities Engineering EDUC-3 Implement new or modify existing education and outreach activities. An example would be adding new business types or revisiting businesses as part of the ECOSS Pollution Prevention Outreach program. Utilities Engineering EDUC-4 Staff training related to Surface Water Management Manual Implementation/Technical Standards: Permitting Plan Review Site Inspections Maintenance Standards. Planning and Public Works Divisions EDUC-4a Educate select city staff and elected officials to develop a common level of knowledge related to Low Impact Development stormwater management techniques. LID Core Team 2016 EDUC-4b Educate the general public and developers to develop a common level of knowledge related to Low Impact Development stormwater management principles and techniques. LID Core team 2016 EDUC-5 Inform public employees, businesses and the general public of the hazards associated with illegal discharges and improper disposal of waste. Utilities Engineering Ongoing EDUC-6 Provide stewardship opportunities such as planting native plants and invasive species removal at the Auburn Environmental park. Environmental Services 2016 EDUC-7 Measure understanding and adoption of pollution prevention and spill management by business property managers/owners. Utilities Engineering February 2, 2016 PH.2 Page 12 of 127 6 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 4. PUBLIC INVOLVEMENT AND PARTICIPATION This section describes the Permit requirements related to public involvement and participation, and planned compliance activities for 2016. 4.1 Permit Requirements The Permit (Section S5.C.2) requires the City to fulfill the following actions during the 5-year Permit cycle: Provide ongoing opportunities for public involvement and participation through advisory boards or commissions, public hearings, watershed committees, public participation in developing rate structures and budgets, or other similar activities. The public must be able to participate in the decision-making processes, including development, implementation, and update of the SWMP. Make the SWMP Plan and Annual Compliance Report available to the public, by posting on the City’s website. Make any other documents required to be submitted to Ecology in response to Permit conditions available to the public. 4.2 Planned 2016 Compliance Activities The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the work plan for the 2016 SWMP public involvement and participation activities. Table 4-1. 2016 Public Involvement and Participation Work Plan Task ID Task Description Lead Compliance Timeframe PI-1 Provide public involvement opportunities for annual SWMP update. Utilities Engineering Public involvement opportunities will be available before the March 31, 2016 submittal. PI-2 Make SWMP document Report available to public by posting on the City website. Utilities Engineering PH.2 Page 13 of 127 7 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 5. ILLICIT DISCHARGE DE TECTION AND ELIMINAT ION This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE), and planned compliance activities for 2016. 5.1 Permit Requirements The Permit (Section S5.C.3) requires the City to fulfill the following actions during the 5-year Permit cycle: Implement an ongoing program to detect and remove illicit discharges, connections, and improper disposal, including any spills into the municipal separate storm sewers owned or operated by the City. Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an ongoing program to detect and address illicit discharges. Publicly list and publicize a hotline or other local telephone number for public reporting of spills and other illicit discharges. Track illicit discharge reports and actions taken in response through close-out, including enforcement actions. Inform public employees, businesses and the general public of hazards associated with illegal discharges and improper disposal of waste. Train staff on proper IDDE response SOPs and train municipal field staff to recognize and report illicit discharges. Summarize all illicit discharges and connections reported to the City and response actions taken, including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP. 5.2 Planned 2016 Compliance Activities Table 5-1 presents the work plan for 2016 SWMP illicit discharge detection and elimination activities. Table 5-1. 2016 Illicit Discharge Detection and Elimination Work Plan Task ID Task Description Lead Compliance Timeframe IDDE-1 Continue to implement City-wide IDDE Program and develop any necessary supplemental IDDE activities. Enforce ACC 13.48.210 using education and technical support as a first action and escalating code enforcement as needed. Publicize a phone number for public reporting of spills and illicit discharges. Utilities Engineering Ongoing IDDE-2 Continue to review and update storm system map to address data gaps and Permit requirements. Utilities Engineering/IT Ongoing PH.2 Page 14 of 127 5: Illicit Discharge Detection and Elimination City of Auburn 2016 SWMP Plan 8 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx IDDE-3 Provide IDDE training to new hires in Utility Engineering and Maintenance & Operations. Utilities Engineering Ongoing IDDE-4 Perform IDDE field screening of at least 10% of MS4 to meet the requirement to screen at least 40% of the MS4 by 12/31/17 and 12% annually thereafter. Utilities Engineering and M&O Ongoing PH.2 Page 15 of 127 9 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 6. CONTROLLING RUNOFF F ROM NEW DEVELOPMENT, REDEVELOPMENT, AND C ONSTRUCTION SITES This section describes the Permit requirements related to controlling runoff from new development, redevelopment, and construction sites, and planned compliance activities for 2016. 6.1 Permit Requirements The Permit (Section S5.C.4) requires the City to fulfill the following actions during the 5-year Permit cycle: Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to the municipal separate storm sewer system from new development, redevelopment, and construction site activities. The program must apply to both private and public projects, including roads, and address all construction/development-associated pollutant sources. Have adopted regulations (codes and standards), plan review, inspection, and escalating enforcement SOPs necessary to implement the program in accordance with Permit conditions, including the minimum technical requirements in Appendix 1 of the Permit by December 31, 2016. Review, revise and make effective local development-related codes, rules, standards, or other enforceable documents to incorporate and require Low Impact Development (LID) principles and LID best management practices (BMPs) with the intent of making LID the preferred and commonly- used approach to site development by December 31, 2016. Participate in watershed-scale stormwater planning under condition S5.C.4.c of the Phase I Municipal Stormwater General Permit if required. Have adopted regulations (codes and standards) and processes to verify adequate long-term operations and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance with Permit conditions, including an annual inspection frequency and/or approved alternative inspection frequency and maintenance standards for private drainage systems as protective as those in Chapter 4 of Volume V of the 2012 Ecology Stormwater Management Manual for Western Washington by December 31, 2016. Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives of the proposed new development and redevelopment. Provide training to staff on the new codes, standards, and SOPs and create public education and outreach materials. Record and maintain records of all inspections and enforcement actions by staff. Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance Report; identify any updates to the SWMP. PH.2 Page 16 of 127 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2016 SWMP Plan 10 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx 6.2 Planned 2016 Compliance Activities The City has a program to help reduce stormwater runoff from new development and construction sites. Table 6-1 presents the work plan for 2016 SWMP activities related to runoff control for new development, redevelopment, and construction sites. Table 6-1. 2016 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan Task ID Task Description Lead Compliance Timeframe CTRL-1 Track and report construction, new development, and redevelopment permits, inspections and enforcement actions. Planning/ Permit Center On-going CTRL-1a Prior to clearing and construction, inspect all permitted development sites that have a high potential for sediment transport. Construction On-going CRTL-1b Inspect all permitted development sites during construction. Construction On going CRTL-1c Inspect all permitted development sites upon completion of construction and prior to final approval or occupancy. Construction Ongoing CRTL-1d Inspect all permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90% of the lots are constructed or construction has stopped and site is fully stabilized. Construction Ongoing CTRL-2 Conduct annual inspection of all treatment and flow control BMPs/facilities (other than catch basins) – i.e., private systems. Utilities Engineering On-going CTRL-3 Update city code related to controlling runoff from new development, redevelopment and construction site projects to implement requirements of the current Municipal NPDES permit. Community Development and Public Works Department December 31, 2016 CTRL-4 Develop and adopt a stormwater management manual equivalent to the 2012 Stormwater Management Manual for Western Washington as amended in 2014. Community Development and Public Works Department December 31, 2016 PH.2 Page 17 of 127 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2016 SWMP Plan 11 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CTRL-5 Review, revise and make effective development- related codes, rules, standards, or other enforceable documents to incorporate and require LID principles and LID BMPs. Community Development and Public Works Department December 31, 2016 CTRL-6 Provide copies of the “Notice of Intent for Construction Activity” and copies of the “Notice of Intent for Industrial Activity” to representatives of proposed new development and redevelopment. Permit Center Ongoing CTRL-7 Enforce local ordinances controlling runoff from sites that are also covered by stormwater permits issued by Ecology. Construction and Code Enforcement Ongoing PH.2 Page 18 of 127 12 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 7. MUNICIPAL OPERATIONS AND MAINTENANCE This section describes the Permit requirements related to municipal operations and maintenance, and planned compliance activities for 2016. 7.1 Permit Requirements The Permit (Section S5.C.5) requires the City to fulfill the following actions during the 5-year Permit cycle: Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from municipal separate stormwater system and municipal O&M activities. Implement maintenance standards for the municipal separate stormwater system that are at least as protective as those specified in the 2012 Stormwater Management Manual for Western Washington as amended in 2014. Conduct annual inspection of all municipally owned or operated permanent stormwater treatment and flow control BMPs/facilities and perform maintenance as needed to comply with maintenance standards. Inspect all catch basins and inlets owned or operated by the City at least once no later than August 1, 2017 and every two years thereafter. Clean the catch basins if inspections indicate cleaning is needed to comply with maintenance standards. Check treatment and flow control facilities after major storms and perform repairs as needed in accordance with adopted maintenance standards. Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by the City, and to reduce pollutants in discharges from all lands owned or maintained by the City. Train staff to implement the SOPs and document the training. Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or storage yards identified for year-round facilities or yards, and material storage facilities owned or operated by the City. Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for Municipal Operations” component of the Annual Compliance Report; identify any updates to the SWMP. PH.2 Page 19 of 127 7. Pollution Prevention and O&M for Municipal Operations City of Auburn 2016 SWMP Plan 13 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx 7.2 Planned 2016 Compliance Activities Table 7-1 presents the work plan for 2016 SWMP activities related to municipal operations and maintenance. Table 7-1. 2016 Municipal Operations and Maintenance Work Plan Task ID Task Description Responsible Schedule Notes MOM-1 Conduct annual inspection of all treatment and flow control (other than catch basins) in the public system and perform maintenance as triggered by the maintenance standards. Community Development and Public Works Department On-going MOM-2 Inspect 25% of the public catch basins before July 31, 2016 and perform maintenance as triggered by the maintenance standards. Overarching task is to inspect 100% of the catch basins between August 1, 2013 and August 31, 2017. M&O On-going MOM-3 Perform street sweeping to reduce the amount of street waste that enters the storm drainage conveyance system. M&O Ongoing MOM-4 Develop Low Impact Development maintenance standards, levels of service and inspection procedures for adoption in 2016. Community Development and Public Works, and Parks Departments December 31, 2016 PH.2 Page 20 of 127 14 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 8. COMPLIANCE WITH TOTA L MAXIMUM DAILY LOAD REQUIREMENTS The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. After the TMDL has been calculated for a given water body, Ecology determines how much each source must reduce its discharges of the pollutant in order bring the water body back into compliance with the water quality standards. TMDL requirements are included in the stormwater NPDES permits for discharges into affected water bodies. Stormwater discharges covered under this Permit are required to implement actions necessary to achieve the pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA before the issuance date of the Permit or which have been approved by the EPA prior to the issue date of the Permit or the date Ecology issues coverage under the Permit, whichever is later. Information on Ecology’s TMDL program is available on Ecology’s website at www.ecy.wa.gov/programs/wq/tmdl. In accordance with Permit condition S7 Compliance with Total Maximum Daily Load Requirements the City must comply with the following TMDL. Name of TMDL Puyallup Watershed Water Quality Improvement Project Document(s) for TMDL Puyallup River Watershed Fecal Coliform Total Maximum Daily Load – Water Quality Improvement Report and Implementation Plan, June 2011, Ecology Publication No. 11-10- 040. http://www.ecy.wa.gov/biblio/1110040.html Location of Original 303(d) Listings Puyallup River 16712, 7498, White River 16711, 16708, 16709, Clear Creek 7501, Swan Creek 7514, Boise Creek 16706 Area Where TMDL Requirements Apply Requirements apply in all areas regulated under the Permittee’s municipal stormwater permit and discharging to water bodies listed within the specific requirement in this TMDL section. Parameter Fecal Coliform EPA Approval Date September 2011 MS4 Permittee Phase I Permit: King County, Pierce County Phase II Permit: Auburn, Edgewood, Enumclaw, Puyallup, Sumner PH.2 Page 21 of 127 8. Compliance with Total Maximum Daily Load Requirements City of Auburn 2016 SWMP Plan 15 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx Actions required of the City under this TMDL include: Beginning no later than October 1, 2013, conduct twice monthly wet weather sampling of stormwater discharges to the White River at Auburn Riverside High School to determine if specific discharges from Auburn’s MS4 exceed the water quality criteria for fecal coliform bacteria. o Data shall be collected for one wet season. o Data shall be collected in accordance with an Ecology-approved QAPP. o Data collected since EPA TMDL approval can be used to meet this requirement. These actions have been completed. For any of the outfalls monitored, showing discharges that exceed water quality criteria for primary contact recreation: designate those areas discharging via the MS4 of concern as high priority areas for illicit discharge detection and elimination efforts and implement the schedules and activities identified in S5.C.3 of the Western Washington Phase II permit for response to any illicit discharges found beginning no later than August 1, 2014. This action has been completed. Install and maintain pet waste education and collection stations at municipal parks and other Permittee owned and operated lands adjacent to streams. Focus on locations where people commonly walk their dogs. 8.1 Planned 2016 Compliance Activities Table 8-1 presents the work plan for 2016 SWMP activities related to TMDL requirement compliance. Table 8-1. 2016 Compliance with TMDL Load Requirements Task ID Task Description Responsible Schedule Notes TMDL - 1 Include summary of activities conducted in TMDL area to address TMDL parameter (fecal coliform) with annual report to Ecology. Utilities Engineering March 31, 2016 TMDL-2 Maintain pet waste education and collection stations at municipal parks and other public lands adjacent to the White River and its tributaries. Parks Department On-going PH.2 Page 22 of 127 16 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx CITY OF AUBURN 2016 STORMWATER MANAGEMEN T PROGRAM PLAN 9. MONITORING This section describes the Permit requirements related to water quality monitoring, and planned compliance activities for 2016. 9.1 Permit Requirements The Permit (Section S8) requires the City to either conduct Status and Trends Monitoring, and Effectiveness Studies, or pay annually into a collective fund to implement monitoring through the Regional Stormwater Monitoring Program (RSMP). The City committed in 2013 to pay $45,096.00 annually into the collective RSMP monitoring fund for both Status and Trends Monitoring and Effectiveness Studies. All permittees are required to pay into the RSMP to implement the RSMP Source Identification Information Repository (SIDIR). Auburn’s annual payment will be $2,614.00. Payments are due to the Department of Ecology by August 15th each year. The City is required to provide the following monitoring and/or assessment data in each annual report: A description of any stormwater monitoring or studies conducted by the City during the reporting period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations conducted by other entities were reported to the City, a brief description of the type of information gathered or received shall be included in the annual report. 9.2 Planned 2016 Compliance Activities Table 9-1 presents the work plan for 2016 SWMP monitoring activities. Table 9-1. 2016 Water Quality Monitoring Work Plan Task ID Task Description Lead Compliance Timeframe MNTR -1 Pay $47,710.00 annually into the RSMP collective fund for implementation of Status and Trends Monitoring, Effectiveness Studies, and the Source Identification Information Repository. Utilities Engineering Annual payment due by August 15th. PH.2 Page 23 of 127 17 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx APPENDIX A Acronyms and Definitions The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here for the reader’s convenience. 40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. AKART means all known, available, and reasonable methods of prevention, control and treatment. See also State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. All known, available and reasonable methods of prevention, control and treatment refers to the State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance date of this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later. Beneficial Uses means uses of waters of the state which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state. Best Management Practices are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMP means Best Management Practice. Bypass means the diversion of stormwater from any portion of a stormwater treatment facility. Census defined urban area means Urbanized Area. PH.2 Page 24 of 127 18 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx Circuit means a portion of a MS4 discharging to a single point or serving a discrete area determined by traffic volumes, land use, topography or the configuration of the MS4. Component or Program Component means an element of the Stormwater Management Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management Program for Secondary Permittees , S7 Compliance with Total Maximum Daily Load Requirements, or S8 Monitoring of this permit. Conveyance system means that portion of the municipal separate storm sewer system designed or used for conveying stormwater. Co-Permittee means an owner or operator of an MS4 which is in a cooperative agreement with at least one other applicant for coverage under this permit. A Co-Permittee is an owner or operator of a regulated MS4 located within or in proximity to another regulated MS4. A Co- Permittee is only responsible for permit conditions relating to discharges from the MS4 the Co- Permittee owns or operates. See also 40 CFR 122.26(b)(1) CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq). Director means the Director of the Washington State Department of Ecology, or an authorized representative. Discharge Point means the location where a discharge leaves the Permittee’s MS4 through the Permittee’s MS4 facilities/BMPs designed to infiltrate. Entity means a governmental body, or a public or private organization. EPA means the U.S. Environmental Protection Agency. General Permit means a permit which covers multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger. Ground water means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to chapter 173-200 WAC. Hazardous substance means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100. Heavy equipment main tenance or storage yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored on a long- term basis. Highway means a main public road connecting towns and cities. Hydraulically near means runoff from the site discharges to the sensitive feature without significant natural attenuation of flows that allows for suspended solids removal. See Appendix 7 Determining Construction Site Sediment Damage Potential for a more detailed definition. Hyperchlorinated means water that contains more than 10 mg/Liter chlorine. Illicit connection means any infrastructure connection to the MS4 that is not intended, permitted or used for collecting and conveying stormwater or non-stormwater discharges allowed as specified in this PH.2 Page 25 of 127 19 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx permit (S5.C.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Illicit discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non- stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3). Impervious surface means a non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non- vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Land disturbing activity means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. LID means Low Impact Development. LID BMP means low impact development best management practices. LID Principles means land use management strategies that emphasize conservation, use of on- site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. Low Impact Development means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Low impact development best management practices means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re-use. Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means. Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and s ystem, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MEP means Maximum Extent Practicable. MS4 means municipal separate storm sewer s ystem. PH.2 Page 26 of 127 20 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx Municipal Separate Storm Sewer System means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of Washington State. (ii) Designed or used for collecting or conveying stormwater. (iii) Which is not a combined sewer; (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.; and (v) Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26. National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology. Native vegetation means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. New development means land disturbing activities, including Class IV General Forest Practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. Refer to Appendix 1 for a definition of hard surfaces. New Permittee means a city, town, or county that is subject to the Western Washington Municipal Stormwater General Permit and was not subject to the permit prior to August 1, 2013. New Secondary Permittee means a Secondary Permittee that is covered under a municipal stormwater general permit and was not covered by the permit prior to August 1, 2013. NOI means Notice of Intent. Notice of Intent means the application for, or a request for coverage under a General Permit pursuant to WAC 173-226-200. Notice of Intent for Construction Activity means the application form for coverage under the PH.2 Page 27 of 127 21 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx Construction Stormwater General Permit. Notice of Intent for Industrial Activity means the application form for coverage under the General Permit for Stormwater Discharges Associated with Industrial Activities. NPDES means National Pollutant Discharge Elimination System. Outfall means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the Permittee’s MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). Permeable pavement means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Permittee unless otherwise noted, the term “Permittee” includes city, town, or county Permittee, Co- Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way that it allows for direct discharges to the second s ystem. For example, the roads with drainage systems and municipal streets of one entity are physically connected directly to a storm sewer system belonging to another entity. Project site means that portion of a property, properties, or right-of-ways subject to land disturbing activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a definition of hard surfaces. QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professional training in the aspects of stormwater management for which they are responsible and are under the functional control of the Permittee. Qualified Personnel may be staff members, contractors, or volunteers. Quality Assurance Project Plan means a document that describes the objectives of an environmental study and the procedures to be followed to achieve those objectives. RCW means the Revised Code of Washington State. Receiving waterbody or receiving waters means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or ground water, to which infiltration MS4 discharges. Redevelopment means, on a site that is already substantially developed (i.e., has 35% or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities. Refer to Appendix 1 for a definition of hard surfaces. Regional Stormwater Monitoring Program means, for all of western Washington, a stormwater- focused monitoring and assessment program consisting of these components: status and trends monitoring in small streams and marine nearshore areas, stormwater management program effectiveness studies, and a source identification information repository (SIDIR). The priorities and PH.2 Page 28 of 127 22 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx scope for the RSMP are set by a formal stakeholder group. For this permit term, RSMP status and trends monitoring will be conducted in the Puget Sound basin only. Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting program by its location within an Urbanized Area, or by designation by Ecology and is not eligible for a waiver or exemption under S1.C. RSMP means Regional Stormwater Monitoring Program. Runoff is water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance s ystem. See also “Stormwater.” Secondary Permittee is an operator of a regulated small MS4 which is not a city, town or county. Secondar y Permittees include special purpose districts and other public entities that meet the criteria in S1.B. Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to the effect of construction runoff, or areas requiring special protection to prevent erosion. See Appendix 7 Determining Construction Site Sediment Transport Potential for a more detailed definition. Shared water bodies means water bodies, including downstream segments, lakes and estuaries that receive discharges from more than one Permittee. SIDIR means Source Identification Information Repository. Significant contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat conditions. Small Municipal Separate Storm Sewer System means an MS4 that is not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v). Source control BMP means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW (2012) for details. Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. Stormwater Associated with Industrial and Construction Activity means the discharge from any conveyance which is used for collecting and conveying stormwater, which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing, grading and/or excavation, and is required to have an NPDES permit in accordance with 40 CFR 122.26. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components listed in S5 (for cities, towns and counties) or S6 (for Secondary Permittees) of this Permit and any PH.2 Page 29 of 127 23 H:\City Council & Study Sessions\Special Meetings 2016\3.14.16\Public Hearing SWMPP\2016 SWMP Plan Final Draft 20160111.docx additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance with TMDL Requirements, and S8 Monitoring and Assessment. Stormwater Treatment and Flow Control BMPs/Facilities means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1 Minimum Requirements #6 (treatment), #7 (flow control), or both. SWMMWW or Stormwater Management Manual for Western Washington means Stormwater Management Manual for Western Washington (as amended in 2014). SWMP means Stormwater Management Program. TMDL means Total Maximum Daily Load. Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the water body can be used for the purposes the state has designated. The calculation must also account for seasonable variation in water quality. Water quality standards are set by states, territories, and tribes. They identify the uses for each water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. Tributary conveyance means pipes, ditches, catch basins, and inlets owned or operated by the Permittee and designed or used for collecting and conveying stormwater. UGA means Urban Growth Area. Urban Growth Area means those areas designated by a county pursuant to RCW 36.70A.110. Urbanized Area is a federally-designated land area comprising one or more places and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Urbanized Areas are designated by the U.S. Census Bureau based on the most recent decennial census. Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are regularly washed or maintained, or where at least 10 vehicles are stored. Water Quality Standards means Surface Water Quality Standards, chapter 173-201A WAC, Ground Water Quality Standards, chapter 173-200 WAC, and Sediment Management Standards, chapter 173-204 WAC. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington. Waters of the United States refers to the definition in 40 CFR 122.2. PH.2 Page 30 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: 2016 Annual On-Call Agreements Date: March 7, 2016 Department: CD & PW Attachments: 2016 Amended and New On-Call Agreements Budget Impact: $0 Administrative Recommendation: City Council to approve the Annual On-Call Professional Service Agreements for 2016. Background Summary: The annual on-all agreements are used to supplement the City’s staff resources or to perform specialized services not available within the City. Having these resources available provides the City with the flexibility to complete tasks or projects in an efficient and timely manner as they are needed through out the year. Each agreement is written to provide the total “Not to Exceed” amount for the year, however, actual expenditures under each agreement are authorized by the City through specific Task Orders. Each Task Order provides a specific Scope of Work, Schedule, and Budget for the work to be completed by the consultant or service provider. All expenditures associated with these agreements will be in conformance with authorized budgets for the related projects or tasks. Attached is a table that shows existing agreements that are to be amended for continued services and new agreements. As shown on the table, the total 2016 contract amounts requested for various agreements exceed the amounts established or spent in previous years. This increase reflects an anticipated increase in the utilization of on-call consultants for capital projects. The costs of the consultant agreements are accounted for in each of the project budgets for which they are expected to be utilized. Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:March 14, 2016 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 31 of 127 AUBURN * MORE THAN YOU IMAGINEDCA.A Page 32 of 127 Expenditures Remaining Contract Amount* Amendment Amount Total Contract Amount* AG-C-445 Parametrix $0 $20,412 Time Only $20,412 AG-C-446 David Evans and Associates $36,770 $8,370 $30,000 $38,370 Wetland and Environmental The wetland and environmental services provided by the consultant may include environmental permitting, wetland delineation, wetland mitigation development and wetland system monitoring.AG-C-444 The Watershed Company $1,362 $31,769 Time Only $31,769 Testing The testing services provider will provide field and laboratory testing and reports to support roadway, building, and utility projects.AG-C-465 Otto Rosenau $14,273 $18,998 $20,000 $38,998 Transportation Modeling The consultant may provide modeling services related to planning and design for the City's transporation systems that may be related to both capital and development projects as well as general system needs.AG-C-410 Fehr and Peers $2,180 $3,835 $11,165 $15,000 Contract Number Firm Name 2014 Expenditures for Similar Work 2015 Expenditures for Similar Work AG-C-477 KPFF $55,126 $21,958 AG-C-478 KPG $55,126 $21,958 AG-C-479 DKS $55,126 $21,958 AG-C-480 Parametrix $55,126 $21,958 AG-C-484 BHC Consultants $23,898 $8,073 AG-C-483 Murray, Smith & Associates, Inc.$23,898 $8,073 Construction Support Services This consultant may provide additional staffing resources for construction management, administration and inspection services as requested by the City.AG-C486 Blueline Group LLC $38,948 N/A Structural Design This consultant may perform structural design and evaluations related to capital projects.AG-C-482 Reid Middleton $0 $5,314 Testing The testing services provider will provide field and laboratory testing and reports to support roadway, building, and utility projects. AG-C-481 Material Testing & Consulting, Inc.N/A $44,933 Water Utility Modeling The consultant may provide modeling services related to planning and design for the City's water system that may be related to both capital and development projects as well as general system needs.AG-C-463 Carollo Engineers $80,000 $100,000 Storm Utility Modeling The consultant may provide modeling services related to planning and design for the City's storm drainage systems that may be related to both capital and development projects as well as general system needs.AG-C-487 Brown & Caldwell $37,334 $22,618 *Amounts are approximated based on current task orders. Roadway Design This consultant may perform engineering design related to roadway improvements. Signal, Lighting, and ITS Design This consultant may perform engineering design related to traffic signals, street lighting, and ITS systems. Utility Design This consultant may perform engineering design related to utility facilities and systems. City of Auburn - 2016 Amended and New On-Call Agreementss Existing Agreements to be Amended for Continued Services 2016 Professional Engineering, Survey and Architechtural Services Contract Number Firm Name 2015 $60,556 Land Survey The Land Survey consultant may perform topographic, design, construction and boundary surveys as necessary to supplement the City survey Crew. Geotechnical Engineering The consultant performs geotechnical investigations and assists with the analysis and management of contaminated materials as needed.$45,000 2016 Contract Amount $15,556AG-C-448 Shannon & Wilson $1,503 $100,000 $100,000 $50,000 $350,000 $100,000 New Agreements w/Consultants Selected via 2016 RFP Process $25,000 $50,000 $50,000 $50,000 $95,000 $75,000 2016 Annual Consulant Summary.xls CA.A Page 33 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Contract No. 16-11 Date: March 7, 2016 Department: CD & PW Attachments: Scoring Summary Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 16-11 to Jaymarc AV based on their proposal to provide and install Audio Visual (AV) equipment for the new Community and Teen Center. Background Summary: The City solicited proposals for the procurement and installation of Audio Visual (AV) systems to support the new Community and Teen Center. The systems include speakers, receivers, screens, and other equipment. The contract was solicited utilizing the Competitive Negotiation process per RCW 39.04.270 which is allowed for Information Technology (IT) work as an exception to the typical “low-bid” solicitation required for most construction contracts. The Competitive Negotiation process allows the City to select a company based on criteria developed by the City and published with the Request for Proposals (RFP). The criteria established for evaluating the proposals for this contract were as follows: 1. Responsiveness of the Proposal to the RFP (10 points possible) 2. Demonstrated Experience in AV systems installation, configuration, and training (30 points possible) 3. Total Cost (including all labor and sales tax) (40 points possible) 4. Demonstrated Ability to Meet Project Schedule (20 points possible) The City received 2 responsive proposals and evaluated them against the criteria above. As shown on the attached Proposal Scoring Summary, Jaymarc AV received the most favorable total score and Staff recommends award. This contract is funded by the IT Operating Budget, which has an allocation in the amount of $350,000.00 for IT and AV systems to service the new Community and Teen Center. AUBURN * MORE THAN YOU IMAGINEDCA.B Page 34 of 127 Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:March 14, 2016 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 35 of 127 CITY OF AUBURN COMPETITIVE NEGOTIATION SCORING SUMMARY (PER RCW 39.04.270) CP1412 - AUDIO VISUAL (AV) SYSTEMS FOR THE AUBURN COMMUNITY AND TEEN CENTER RFP Due Date: 3/3/2016 - 2:00PM Contract # 16-11 Score Rank Contractor Responsiveness (A) Experience (B) Subtotal Cost (X) Sales Tax Y = (9.5% * X) Total Cost Z = (X+ Y) Cost Score C = 40 * (Eng Est / Z) Schedule (D) Total Score (A+B+C+D) N/A Engineer's Estimate 10 30 $ 154,075.00 $ 14,637.13 $ 168,712.13 40 20 100 1 Jaymarc AV 2732 1st Ave South Seattle, WA 98134 90 2 Dimensional Communications (DCI) 1220 Anderson Road Mount Vernon, WA 98274 77 30 12 20 2310 $ 198,090.45 $ 205,092.06 $ 18,818.59 $ 19,483.75 $ 216,909.04 $ 224,575.81 31.1 30.010 CA.B Page 36 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6586, First Reading Date: March 7, 2016 Department: CD & PW Attachments: Ordinance No. 6586 Exhibit A (Ordinance No. 6344) Budget Impact: $0 Administrative Recommendation: City Council introduce Ordinance No. 6586 for renewal of Franchise Agreement No. 10-23 for New Cingular Wireless PCS, LLC. Background Summary: Per Auburn City Code Chapter 20.06.130 and Section 3 B of existing Franchise Agreement No. 10-23, Ordinance No. 6344, the Grantee may renew this Franchise for an additional five year period upon submission and approval of the application specified under ACC 20.06.130. New Cingular Wireless PCS, LLC has applied for renewal and correction to their existing Franchise Agreement to continue to operate within the City’s rights of way a wireless telecommunications facility adjacent to 2604 Auburn Way North. The existing facilities consist of wireless telecommunications antennas mounted on top of a 94 foot 7-inch Puget Sound Energy (PSE) pole and associated transmission equipment and conduit located in the City’s right-of-way. During review of the application and existing Agreement it was determined that the location description for the coordinates of the facilities listed in Exhibit A of Ordinance No 6344 was incorrect. Correction to this exhibit to reflect the actual location of the facilities is required to correctly identify them in the agreement. The applicant is currently in compliance with all licensing, bonding and insurance requirements of the existing Franchise Agreement and Auburn City Code. Any future changes to the facilities would be managed through the City’s permitting processes that are a requirement of the existing Franchise Agreement. Approval of Ordinance No.6586 would renew Franchise Agreement No. 10-23 for an additional five years from the effective date of Ordinance No. 6586 and correct the location description in Exhibit A of the Agreement. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDORD.A Page 37 of 127 Councilmember:Staff:Snyder Meeting Date:March 14, 2016 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 38 of 127 Ordinance No. 6586 Franchise Agreement No. 10-23, Renewal January 25, 2016 Page 1 of 5 ORDINANCE NO. 6586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL OF FRANCHISE AGREEMENT NO. 10-23 AND AMENDMENT OF ORDINANCE NO. 6344 WITH NEW CINGULAR WIRELESS PCS, LLC WHEREAS, On February 22, 2011, the City Council adopted Ordinance No. 6344, granting a wireless communications franchise to New Cingular Wireless PCS, LLC (“Grantee”); and, WHEREAS, the coordinates for the location of the wireless facilities are inaccurately listed in Exhibit A of the franchise agreement, No. 10-23; and WHEREAS, New Cingular Wireless PCS, LLC wishes to renew Franchise Agreement No.10-23 for an additional five year term and correct the facilities location description; and WHEREAS, following proper notice, the City Council held a public hearing on the Grantee’s request for renewal and correction of the facilities location description of Franchise Agreement No. 10-23, 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, based upon the foregoing recital clauses and from information presented at such public hearing and from facts and circumstances developed or discovered through independent study and investigation, the City Council in Compliance with RCW 35.99 now deems it appropriate and in the best ORD.A Page 39 of 127 Ordinance No. 6586 Franchise Agreement No. 10-23, Renewal January 25, 2016 Page 2 of 5 interest of the City and its inhabitants that the renewal and correction of Franchise Agreement No. 10-23 be granted to the Grantee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Subject to the conditions set forth in this Ordinance, the City approves Grantee’s application for renewal for one five-year period as provided for in Section 3 B of Ordinance No. 6344, Franchise Agreement No. 10-23, a copy of which is attached hereto and marked as Exhibit A. Such five-year renewal period shall commence on the effective date of this Ordinance. Section 2. Exhibit A of Ordinance No. 6344 is amended and hereby replaced with Exhibit A, attached hereto, and a new Exhibit C-1 is added as an Exhibit to Ordinance No. 6344, which additional Exhibit is also attached hereto. Section 3. All other provisions of Ordinance No. 6344 shall remain unchanged and in full force and effect. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. 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. Section 6. 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. ORD.A Page 40 of 127 Ordinance No. 6586 Franchise Agreement No. 10-23, Renewal January 25, 2016 Page 3 of 5 FIRST READING: _________________ SECOND READING: ______________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ ORD.A Page 41 of 127 ORD.A Page 42 of 127 Ordinance No. 6586 Franchise Agreement No. 10-23, Renewal January 25, 2016 Page 5 of 5 EXHIBIT “C-1” STATEMENT OF ACCEPTANCE New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise Agreement, Ordinance No. 6344, attached hereto and incorporated herein by this reference as amended by Ordinance No. 6586. NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Date: Name: Title: STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 20____, before me the undersigned, a Notary Public in and for the State of __________, duly commissioned and sworn, personally appeared, __________________ of _________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: ORD.A Page 43 of 127 ORD.A Page 44 of 127 ORD.A Page 45 of 127 ORD.A Page 46 of 127 ORD.A Page 47 of 127 ORD.A Page 48 of 127 ORD.A Page 49 of 127 ORD.A Page 50 of 127 ORD.A Page 51 of 127 ORD.A Page 52 of 127 ORD.A Page 53 of 127 ORD.A Page 54 of 127 ORD.A Page 55 of 127 ORD.A Page 56 of 127 ORD.A Page 57 of 127 ORD.A Page 58 of 127 ORD.A Page 59 of 127 ORD.A Page 60 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6589, First Reading Date: March 9, 2016 Department: Community Development and Public Works Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Final Plat Map Exhibit 3 - Hearing Examiner Decision Exhibit 4 - Certificate of Improvements Exhibit 5 - Ordinance No. 6589 Budget Impact: $0 Administrative Recommendation: City Council to adopt Ordinance No. 6589 Background Summary: Nick Abdelnour, representing Peasley Canyon Homes, LLC, has made application for the Final Plat of “Canyon Creek at Peasley – Division 1” (originally known as “Auburn Assemblage”); located on the south side of 321st St. S, between 46th Pl. S. and 51st Ave. S., in the “West Hill” area of the City, see Exhibit 1. This Final Plat is the first of two phases subdividing approximately 34.35 acres into 154 single-family residential lots; this phase (“Division 1”) subdivides approximately 23.61-acres into 77 single- family residential lots, one tract for stormwater, two tracts for the future development of the second phase, four tracts for access and utilities, six tracts for HOA maintained open spaces, two tracts for future conveyance to adjoining property owners, and dedication of public right-of-way, see Exhibit 2. The preliminary plat was approved by the City of Auburn Hearing Examiner on July 15, 2014 (PLT13-0006) with 33 conditions; see Exhibit 3. The plat has been developed in accordance with the R-7 Residential zoning district as defined by Chapter 18.07 ACC (Residential Zones), Title 17 ACC (Land Adjustments and Division), Chapters 58.17 and 35A.58 RCW, and the applicable conditions of the preliminary plat approval. A Certificate of Improvements has been issued by the City Engineer, accepting completion of all required plat improvements; except the following items which the Developer has bonded for (see Exhibit 4): AUBURN * MORE THAN YOU IMAGINEDORD.B Page 61 of 127 1. On- site: final lift of asphalt, adjustment of utility castings to grade and installation of monuments; and, 2. Off-site: final lift of asphalt, adjustment of utility castings to grade and installation of monuments. The various divisions of the Community Development and Public Works Department have reviewed the Final Plat Map of Canyon Creek at Peasley – Division 1 and find that all requirements have been met. Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:March 14, 2016 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 62 of 127 Vicinity Map - Canyon Creek at Peasley Division 1 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 3/9/2016 ORD.B Page 63 of 127 OR D . B Pa g e 6 4 o f 1 2 7 OR D . B Pa g e 6 5 o f 1 2 7 OR D . B Pa g e 6 6 o f 1 2 7 OR D . B Pa g e 6 7 o f 1 2 7 OR D . B Pa g e 6 8 o f 1 2 7 OR D . B Pa g e 6 9 o f 1 2 7 OR D . B Pa g e 7 0 o f 1 2 7 OR D . B Pa g e 7 1 o f 1 2 7 OR D . B Pa g e 7 2 o f 1 2 7 OR D . B Pa g e 7 3 o f 1 2 7 OR D . B Pa g e 7 4 o f 1 2 7 Preliminary Plat p. 1 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN Phil Olbrechts, Hearing Examiner RE: Auburn Assemblage PLT13-0006 FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION. INTRODUCTION The a pplicant requests approval of a preliminary plat for a 154 lot single-family subdivision of a 34.35 acre parcel located on the south side of 321 st Street S. between 46th Pl. S. and 51st Ave. S. The applicant also requests approval of four street standard deviations. The preliminary plat is approved with conditions. The street standard deviations are also approved. Approval of the preliminary plat is premised upon the approval of an associated rezone from R5 to R7. The examiner has recommended d enial on this rezone request. If the City Council adopts the examiner’s denial recommendation, the applicant will have to lower the density of the plat. It will be up to staff to ascertain what process will be necessary to approve such a reduction in den sity and associated change in preliminary plat design. ORAL TESTIMONY The hearing on the subject preliminary plat application was consolidated with the hearing on the associated rezone request. Please see the rezone recommendation (REZ13-0003) for a summary of the testimony of the consolidated hearing. EXHIBITS The hearing on the subject preliminary plat application was consolidated with the hearing on the associated rezone request. Please see the rezone recommendation (REZ13-0003) for a list of exhibits admitted into the consolidated hearing. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is PNW Home Builder North, LLC. ORD.B Page 75 of 127 Preliminary Plat p. 2 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Hearing. A public hearing was held on the proposed rezone on June 18, 2014 at 5:30 p.m. at the City Council chambers at Auburn City Hall. The hearing was left open through June 30, 2014 because the appeal period for the State Environmental Policy Act (“SEPA”) D etermination of Nonsignificance (“DNS”) did not end until that date. Staff forwarded a SEPA mitigation agreement with the City of Federal Way (Ex. 20) to the examiner on July 1, 2014. Substantive: 3. Site/Proposal Description. The applicant requests approval of a preliminary plat for a 154 lot single -family subdivision of a 34.35 acre parcel located on the south side of 321 st Street S. between 46th Pl. S. and 51st Ave. S. The applicant also requests four street standard deviations. The project site is currently primarily undeveloped, with 3 single -family residential structures (1 burnt out) with associated outbuildings. With the exception of the single-family residence located in the northeastern corner of the project site, all other structures will be demolished. The Project's calculated density is 5.69 dwelling units per net acre which is within the density threshold for R7 zone. The base (maximum) density for the R7 zone is 7 dwelling units per net acre. The minimum density for the R7 zone is 5 dwelling units per net acre (ACC 18.07.030). The following lot dimensions are proposed by the Project: Minimum average lot area: 6,388sf Minimum lot area: 4,342sf Minimum lot width: 39 feet (Lot 113) Per the modification (also termed "deviation") requ ests ("Exhibit 14") the first dated March 6, 2014, and revised on April 4, 2014, the applicant proposes the following deviations: 1. Reduced Horizontal Curve Radius • Reduce the minimum horizontal curve radius of 333 feet for "Local Residential" roadways as follows: o Road B: in the vicinity of Lot 28, reduce the radius to 60 feet; in the vicinity of Lot 102, Lot 107, and Lot 116, reduce the radius to 100 feet. o Road D: in the vicinity of Lot 53, reduce the radius to 50 feet; in the vicinity of Lot 54, reduce the radius to 150 feet. • Reduce the minimum horizontal curve radius of 544 feet for "Residential Collector" roadways as follows: ORD.B Page 76 of 127 Preliminary Plat p. 3 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o Road E: in the vicinity of Tract J, Lot 43 and Lot 45, reduce the radius to 333 feet. 2. Reduce Minimum Tangent between Reverse Curves. • Reduce the minimum tangent length of 100 feet between reverse curves for a "Local Residential" roadway as follows: o Road D: in the vicinity of Lot 53, reduce the tangent length to 33.90 fe et • Reduce the minimum tangent length of 150 feet between reverse curves for a "Residential Collector " roadway as follows: o Road E: in the vicinity of Lot 44, reduce the tangent length to 100 feet. 3. Reduced Design Speed for Intersection Sight Distance. • Reduce the design speed for intersection sight distance for a "Local Residential" from the required design speed of 30 mph to the posted speed of 25 mph. • Reduce the design speed for intersection sight distance for a "Residential Collector" from the required design speed of 35 mph to the posted speed of 30 mph. 4. Intersection Spacing. • Reduce the required intersection spacing standard of 500 feet between "Residential Collectors" for the intersections of 46th Place South/Road E and 46 th Place South/South 324th Street. The request for multiple transporta tion-related modifications has been reviewed by the transportation staff and the City Engineer. The City Engineer is recommending approval of all. See "Exhibit 14" for transportation staff analysis and reasons for support. 4. Characteristics of the Area. The subdivision is surrounded by detached single-family homes or vacant lands, all zoned R5, except to the north, which is unincorporated King County 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. More specifically, impacts are addressed as follows: A. Critical Areas. There are no wetlands or streams located on the project site. Isolated Critical Landslide or Erosion Hazard areas have been identified on the project Site. The overall average slope gradient is approximately 30%, with isolated areas in excess of 40%, with a ORD.B Page 77 of 127 Preliminary Plat p. 4 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maximum local gradient of approximately 45% located in an isolated area approximately 880 square feet in area. A geotechnical report, Ex. 12, has been prepar ed to assess project impacts to the geologically hazardous areas. The geotechnical report did not anticipate that the project and associated construction activity will increase the potent ial for soil instability provided the recommendations of the report are followed. The project site is not in a floodplain. No state or federal candidate threatened or endangered plant and animal species has been identified on the project site. The project site is not located within any shoreline designation. The project site is located in Groundwater Protection Zone 4, requiring implementation of best management practices for water resource protection per ACC 16.10.120(E)(2). B. Drainage. Stormwater management, drainage, and erosion control will be adequately addressed via compliance with City stormwater standards, specifically including but not limited to the City’s 2009 Surface Water Management Manual (SWMM), the ACC 13.48 Storm Drainage Utility, and ACC 15.74 Land Clearing, Filling, and Grading. A wetland and unidentified stream are located to the south of the project site. The easternmost portion of the project site drains to the south and into this wetland/stream complex. There are no surface wat er inputs from the project site to the off-site wetland/stream complex other than sheet flow. At the completion of the project all run -off and stormwater generated on -site will be diverted to a stormwater detention facility located in the southwest corner of the project site. The result of the diversion will create a slight decrease in area within the contributing basin (168.8 acres decreased to 160.39 acres). However, based on the large quantity of water that will continue to move through the basin, and therefore into the wetland/stream complex, the hydrology within the system will be maintained. The 5% reduction of the contributing basin is not expected to negatively impact the wetland/stream complex, nor is it expected to cause significant adverse impacts downstream. 6. Adequacy of Infrastructure and Public Services. The proposal will be adequately served by public infrastructure. Drainage has already been addressed under adverse impacts above. In general, t he streets, sidewalks, storm drainage facilities, and sewer mains will be required to meet the City’s Design Standards during engineering review and shall be required to meet and implement those standards prior to final plat approval. These facilities will be reviewed as part of the facility e xtension, grading, and civil plans to be submitted by the Applicant . The following more specifically addresses other infrastructure and services: A. Water and Sewer . Water and sewer service is available from Lakehaven Utility District . The certificates of water availability provided by the ORD.B Page 78 of 127 Preliminary Plat p. 5 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 applicant only warrant water for 94 lots. The conditions of approval require the applicant to acquire certificates for the 154 lots. B. Transportation. The City’s Transportation Division has reviewed the proposal for traffic impacts and found that the final project design adequately addresses all traffic impacts. With one exception, the proposal is found to not create any significant adverse traffic impacts. It is recognized that the residents of the area find traffic to already be too congested. However, what constitutes an acceptable level of congestion is set by the City’s adopted level of service (“LOS”) standards. With one exception, as detailed in the traffic report prepared by the applicant , Ex. 13 (reviewed and approved by the City’s Transportation Division), the proposal will not lower LOS for any affected intersections below the minimum LOS set by the City Council. The one exception referenced in the previous paragraph is an intersection that will fall below minimum LOS as a result of the proposed subdivision. According to the traffic report prepared by the applicant, t he westbound leg of the 51st Ave S/S 316 th St intersection operated at LOS D in 2013. In 2016 it will continue to have an LOS D without the proposed preliminary plat, but will drop to LOS E with the proposed preliminary plat. TR-20 of the Auburn Comprehensive Transportation Plan imposes an LOS D for this type of intersection. TR -19 requires that “new development shall not be allowed when the impacts of the new development on the transportation system degrades the LOS to below the adopted LOS standard…” . However, TR -20 further elaborates that for two way and all way stop controlled intersections (such as the 51st Ave S/S 316th St intersecti on) that “if LOS falls below the standard [D], analysis and mitigation may be required in a manner commensurate with the associated impacts.” Staff requested the applicant to prepare an addendum addressing the impacts to the 51st Ave S/S 316 th intersection. The addendum notes that staff and the applicant came to agreement that lowering the LOS to E would be acceptable since the impacts of the proposal were very minor, adding only nine p.m. trips to the intersection. Given the minor nature of the impact, it was apparently concluded that the “commensurate” mitigation was no mitigation. The somewhat cavalier treatment that has been afforded to the LOS violation at the 51st Ave S/S 316th St intersection is not justified for this project. Compliance with adopted transportation LOS standards is one of the most important requirements of the Growth Management Act, which requires cities and counties to adopt LOS standards for transportation facilities along with ordinances that “…prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the transportation plan, …” See RCW 36.70A.070(6)(b)(referred to as GMA concurrenc y). As noted in the preceding paragraph, TR-20 provides for some flexibility in the ORD.B Page 79 of 127 Preliminary Plat p. 6 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 application of the City’s LOS standard for the 51st Ave S/S 316 th St intersection, but the strict requirements of the GMA call for a strict application of the TR-20 language. Staff and the applicant apparently take the position that a developer can violate LOS any time they pay their proportionate share of traffic impacts and they don’t have to do anything if the impact is minor . Such a position would render the GMA concu rrency requirement meaningless, since developers are already required to pay for their proportionate share of impacts unless the impact is minor. At the very least, if a development violates GMA concurrency, the proposal should be mitigated to the maximu m extent reasonable to prevent the violation. That hasn’t been done here. The concurrency violation can likely be entirely avoided by denying the requested rezone to R7 as outlined in the examiner’s rezone recommendation. As discussed in the traffic study addendum, the proposed preliminary plat only contributes nine p.m. trips to the 51st Ave S/S 316 th St intersection, yet this contribution is enough to make the difference between LOS D and LOS E. The proposed rezone will add 19 single-family homes to th e project site, which presumably will be more than enough to account for nine p.m. trips at the 51st Ave S/S 316 th St intersection. It appears likely that denial of the rezone will prevent the project from violating concurrency. Even if it doesn’t the rezone should still be denied to minimize the violation. If the City Council approves the rezone, then the density of the proposal should be reduced if doing so can avoid violating concurrency while also still satisfying the minimum 5 dwelling unit per acre density requirement of the R7 zone. On another transportation issue, Mr. Vinton raises valid concerns over the proximity of t he proposed realignment of 46 th Ave to his home (described in more detail in FN No. 1 of the Assemblage rezone recommendation, REZ13- 0003). However, the applicant’s nexus to this improvement is too remote to impose any mitigation. The applicant is only dedicating right of way for an improvement that may or may not be built by the City at some time in the future. A city transportation engineer noted that the City would address the impacts to Mr. Vinton when it designed the realignment. The City’s position on this issue is noted for the record. C. Sidewalks. Sidewalks will be provided on both sides of all proposed roads and on the side of access tracts that provide access to the homes to provide pedestrian access and connectivity. D. Schools. Adequate provisions for schools are made through the payment of school impact fees at the time of Building Permit issuance for each lot, unless deferred. E. Parks. Adequate provisions for parks are made through the payment of park impact fees at the time of Building Permit issuance for each lot unless ORD.B Page 80 of 127 Preliminary Plat p. 7 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deferred. The proposed Project of 154 lots does trigger the need for dedication of park land per ACC 17.14.100; however, Daryl Faber, Director of Parks and Recreation has stated a payment of impact fees is acceptable in lieu of park land dedication. F. Police and Fire Protection . Police and Fire services will serve the proposed development and will be provided by the Valley Regional Fire Authority and the City of Auburn Police Department. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner . ACC 17.10.050 grants the Hearing Examiner with the authority to review and make a final decision on an application for preliminary plat. ACC 17.18.010(A) grants the Hearing Examiner with the authority to approve modifications to the City’s Design Standards with the concurrence of the City Engineer. Substantive: 2. Zoning Designation . R-5 Residential with a rezone application to R7 pending. 3. Review Criteria and Application. ACC 17.06.070 governs the criteria for preliminary plat approval. ACC 17.18.030 governs the criteria for Design Standard deviations. Relevant criteria are quoted below with corresponding conclusions of law. Preliminary Plat Standards: ACC 17.07.070(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. 4. As identified in Finding of Fact No. 5 and 6, the proposal is adequately served by all public services and utilities requ ired in the criterion above. As further det ermined in Finding of Fact No. 5 there are no adverse impacts associated with the proposal. Given the absence of any adverse impacts in conjunction with adequate public facilities, it is concluded that adequate provision is made for the public health, safety and welfare. ORD.B Page 81 of 127 Preliminary Plat p. 8 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan. 5. The staff’s analysis of consistency with the c omprehensive plan at pages 8-10 of the staff report is adopted and incorporated by this reference as if set forth in full, except for any portions addressing traffic impacts. ACC 17.07.070(C): Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. 6. The staff’s analysis of consistency with any other applicabl e plans or policies at pages 10 -13 of the staff report is adopted and incorporated by this ref erence as if set forth in full except for any provisions pertaining to transportation LOS. ACC 17.07.070(D): Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumerated in ACC Section 17.02.030. ACC 17.02.030: The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: A.Prevent the overcrowding of land; B.Lessen congestion and promote safe and convenient travel by the public on streets and highways; C.Promote the effective use of land; D.Provide for adequate light and air; E.Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F.Provide for proper ingress and egress; G.Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW; H.Adequately provide for the housing and commercial needs of the citizens of the state and city; I.Require uniform monumenting of land divisions and conveyance by accurate legal description; J.Implement the goals, ob jectives and policies of the Auburn comprehensive plan; K.Prevent or abate public nuisances. 7. The proposal is consistent with the purposes of the Land Division Ordinance as enumerated above. The roads designed for the proposal are safely designed to meet traffic demand and sidewalks on both sides of the subdivision street promote ORD.B Page 82 of 127 Preliminary Plat p. 9 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pedestrian safety. Applicable zoning setbacks provide for adequate light and air. The proposal does not result in overcrowding as it proposes a density within the range all owed by the underlying zone. As previously discussed, the proposal is consistent with and implements the Auburn Comprehensive Plan. As previously determined the proposal is adequately served by all essential public facilities and it is consistent with the comprehensive plan. As conditioned the final plat development will require uniform monumenting of new lots and conveyance by accurate legal description. ACC 17.07.070(E): Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City. 8. The proposed proposal meets the bulk and dimensional standards of the R7 district. As determined in FOF No. 3 the lots are designed to meet the following R7 requirements: • Minimum lot width of 40 feet • Minimum lot size of 4,300 square feet. • Minimum average lot area of 6 ,000 square feet. •The future single family residences will be required to meet the minimum setbacks and lot coverage for the R7 district during building permit review. Engineering standards will be met during engineering review prior to final plat approval. City staff have reviewed preliminary plans for traffic, utilities and storm drainage and found them to be compliant with Ci ty standards. ACC 17.07.070(F): The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. 9. As determined in Finding of Fact No. 5 there are no significant adverse impacts associated with the proposal. ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. 10. As determined in Finding of Fact No. 5, there are no significant adverse impacts associated with the proposal. Consequently, no public nuisance is anticipated. DEVIATIONS (Conclusions include findings of fact) ACC 17.18.030(A): Such modification is necessary because of special circumstances related to the size shape topography location or surroundings of the subject property to provide the owner with development rights and privileges ORD.B Page 83 of 127 Preliminary Plat p. 10 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 permitted to other properties in the vicinity and in the zoning district in which the subject property is located. ACC 17.18.030(B): That because of such special circumstances the development of the property in strict conformity with the provision of this title will not allow a reasonable and harmonious use of the property. ACC 17.18.030(C): That the modification if granted will not alter the character of the neighborhood or be detrimental to surrounding properties in which the property is located ACC 17.18.030(D): Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use circulation and utility plans of the city ACC 17.18.030(E): Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. ACC 17.18.030(F): The approval of the modification will be consistent with the purpose of this title ACC 17.18.030(G): The modification cannot lessen the requirements of the zoning ordinance. 11. The requested deviations identified in Finding of Fact No. 3 are concluded to comply with the standards above for the reasons identified in Ex. 14, adopted and incorporated by this reference as if set forth in full. DECISION The proposed preliminary plat, as described in this decision and in Ex. 4, as well as the street standard deviations identified in Finding of Fact No, 3, are approved subject to the following conditions: 1. Approval is premised o n the City Council approval of REZ13-0003. If the City Council does not approve the rezone, City staff shall determine what review process is necessary to authorize design changes necessary to accommodate the resulting reduction in density if the applicant chooses to proceed with its application. 2. If the City Council approves REZ13 -0003, staff shall investigate whether a reduction in density within the densities permitted in the R7 zone could avoid the violation of concurrency for the 51st Ave S/S 316th St intersection. If the concurrency violation can be avoided by reducing density, the density of the project shall be ORD.B Page 84 of 127 Preliminary Plat p. 11 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reduced accordingly and staff shall determine what review process is necessary to approve the resulting changes in plat design. 3. The lot width of Lot 113 (39 feet) is below the minimum standard as requir ed by Auburn City Code (ACC) 18.07.030, and shall be corrected to meet the minimum standard of 40 feet. 4. The ROW vacation request must have approval action by the Auburn City Council and a temporary construction easement granted by the Mayor prior to a ny permit approvals being issued for ground -disturbing work. 5. The Applicant shall obtain a Forestry Practices Permit from the Department of Natural Resources prior to the issuance of any permit approvals for ground -disturbing work. 6. The 10% Administrative Deviation (CA014 -0001) is approved by the Planning Director per ACC 16.10.160, prior to any permit approvals for ground -disturbing work. 7. Applicant shall provide revised Certificates of Water and Sewer Availability showing availability for 154 lots as opposed to the 94 lots as provided on the Certificates provided. 8. Prior to issuance of clearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot grading shall be prepared, submitted and approved by the City of Auburn. The plan shall identify the surveyed boundary and classification of all Critical Landslide Hazard areas proposed to be altered. This plan shall show quantities and locations of excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other nearby sensitiv e areas. All the measures shall be implemented prior to beginning phased on- site filling, grading or construction activities. The Applicant's grading plans shall be prepared in conjunction with and reviewed by a licensed geotechnical engineer. The geot echnical engineer shall develop and submit, for the City's review, specific recommendations to mitigate grading activities with particular attention to developing a plan to minimize the extent and time soils are exposed on site and address grading and rela ted activities during wet weather periods and whether seasonal construction limitations may be appropriate (the period of greatest concern is October 1 through March 31). The plans shall show the type and the extent of geologic hazard area or any other critical areas as required in chapters 16, and 18 of the International Building Code (IBC). 9. A complete Stormwater Site Plan meeting all requirements of the 2009 City of Auburn Surface Water Management Manual (SWMM) will be required as part of the Facilities Extension Agreement (FAC), submittal. Additionally, the following ORD.B Page 85 of 127 Preliminary Plat p. 12 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information shall be provided as part of the FAC submittal : Operation and Maintenance, Construction Stormwater Pollution Prevention, and Pollution Source Control. 10. A Final Wetland Mitigation plan shall be submitted and approved by the City as a part of the FAC process. The Final Wetland Mitigation plan shall contain the information required by ACC 16.10.090 through ACC 16.10.130. Mill Creek and any associated wetlands wit hin 150 feet upstream and downstream of the proposed outfall shall be delineated and shown on the Final Wetland Mitigation Plan. The information also needs to include the stream class for Mill Creek, categorize any wetlands within this area, show associat ed buffers, and provide a functions and values analysis of the area affected by the proposed stormwater outfall. 11. Pursuant to ACC 16.10.130.8, a performance and maintenance security is required upon approval of the Final Mitigation Plan. The amount of the financial security shall equal one hundred twenty -five percent (125%) of the cost of the mitigation project for the length of the monitoring period. 12. Applicant shall contact King County and obtain all appropriate King County approvals for the portion of the proposed outfall conveyance pipe located on King County property. 13. The proposed off-site stormwater outfall system at the discharge location at Mill Creek shall be designed per 3.5 of the SWMM as appropriate for the design flow discharge vel ocity. Additional consideration for energy dissipation during high flow events and overflow conditions will need to be demonstrated with the outfall design as part of the FAC review. 14. To address known capacity issues within Mill Creek adjace nt to SR -167 at the bottom of the hill downstream of the project site, a quantitative downstream analysis will be required to demonstrate that the proposed stormwater discharge from this project will not further impact the existing drainage iss ues downstream. 15. The downstream discharge from the detention pond is proposed to include an above ground conveyance system along the right -of-way of 46th Avenue South down slopes approximately 35%. Per 3.4.1 of Volume Ill of the SWMM, pipes with slopes greater than 30% will need to be ductile iron or HOPE material and include appropriate anchor spacing and design. HOPE piping proposed above ground will also require design demonstrating thermal expansion concerns of pipe material will be pro perly addressed. Ductile Iron will most likely not be appropriate for the steep slope due to the weight of the pipe. 16. Further demonstration that the proposed discharge pipe down the critical hazard slope areas can feasibly be constructed with minimal i mpact and no alteration of existing slopes shall be provided as part of the FAC review. Demonstration of feasibility should include geotechnical evaluation of the existing soil types, soil ORD.B Page 86 of 127 Preliminary Plat p. 13 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 properties, groundwater conditions, potential for seepage, and sta bility of slopes both during construction and after. Safety measures to protect workers, adjacent property, vehicles, and pedestrians should be specified during construction on the critical slope areas. Worker, equipment, and material access should also be evaluated to demonstrate feasibility. 17. The ROW area along Peasley Canyon where the stormwater discharge is proposed and the downstream conveyance through Mill Creek is in King County's jurisdiction and may require County permits. The applicant will need to coordinate with the County and obtain all relevant permits prior to City approval. 18. A quantitative off-site analysis will need to be provided to demonstrate that the downstream conveyance system beyond the Mill Creek discharge point has capaci ty for the proposed discharge flows. The existing drainage course along Mill Creek includes several culvert crossings. Existing culvert size, condition, flows, and capacity will need to be evaluated. 19. Prior to City approval of the FAG, the plat constr uction drawings shall show the location of fire hydrants for Fire Agency operations . Final fire hydrant locations shall be approved by the Fire Marshal. 20. Tree planting detail will be provided for trees planted in the ROW per "Traffic - 14" in the City of Auburn Engineering Construction Manual as part of the FAG submittal. 21. ADA compliant ramps shall be provided at all "T" intersections associated with the project. 22. Final street lighting, signage, roadway striping, and mailbox locati ons shall be provided as part of the FAG submittal. 23. "No parking" signs shall be posted along both sides of the street for the entire length of Road E, and for the portion of Road C located north of Road B. Location of and type of posting shall be pro vided as part of the FAG submittal. 24. "No Parking" signs shall be posted along one side of the street for the portion of Road C south of Road B, and for the entire length of Road D. Location of and type of posting shall be provided as part of the FAG submittal. 25. "No Parking" signs shall be posted in all cui -de-sacs. Location of and type of posting shall be provided as part of the FAG submittal. 26. The sidewalks in Tract H and Q are required to be extended to the end of the Tract. 27. Additional ROW dedication shall be provided to allow the future curved road ORD.B Page 87 of 127 Preliminary Plat p. 14 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 alignment for 46th Place South adjacent to Tract R. 28. The connection of Road E to 46th Place South triggers the need for half -street frontage improvements, which shall be provid ed for along the portion of 46th Place South that is located adjacent to Tract 0 and Tract I. 29. The portion of property located east of Lot 46 shall be dedicated as ROW. 30. The connection of Road E to 51st Avenue South triggers a need for frontage improvements. A deferral request for these improvements can be provided for review and approval as part of the FAC process. 31. Tract S shall be removed from the ROW dedication for the future realignment of 46th Place South. 32. Groundwater protection mea sures and mitigation will be implemented to the extent required by ACC 16.10.120(E)(2). 33. The subdivision shall include uniform monumenting of land divisions and conveyance by accurate legal description as required by ACC 17.02.030(1). Dated this 15th day of July, 2014. City of Auburn Hearing Examiner Appeal Right and Valuation Notices This decision is final subject to appeal to superior court as governed by Chapter 36.70C RCW. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. ORD.B Page 88 of 127 ORD.B Page 89 of 127 - - - - - - - - - - - - - - - - Ordinance No. 6589 March 9, 2016 Page 1 of 5 ORDINANCE NO. 6 5 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF CANYON CREEK AT PEASLEY – DIVISION 1 WHEREAS, the City of Auburn received a final plat application for the Plat of Canyon Creek at Peasley – Division 1, Application No. PLT15-0002, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Peasley Canyon Homes, LLC has made application for the Final Plat of “Canyon Creek at Peasley – Division 1”. 2. The Preliminary Plat of “Canyon Creek at Peasley” (PLT13-0006) [originally known as “Auburn Assemblage”] was approved by the City’s Hearing Examiner on July 15, 2014, as a single phase. 3. The Plat of “Canyon Creek at Peasley” will be developed in two phases with “Canyon Creek at Peasley – Division 1” being the first phase. 4. The Plat of “Canyon Creek at Peasley – Division 1” has been developed in accordance with all applicable conditions of the Preliminary Plat. 5. A Certificate of Improvements has been issued by the City Engineer. The applicant has provided a security in lieu of completion for the outstanding improvements which includes the final lift of asphalt, and sod installation and Roundup application. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 2. The Final Plat of “Canyon Creek at Peasley – Division 1” is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. ORD.B Page 90 of 127 - - - - - - - - - - - - - - - - Ordinance No. 6589 March 9, 2016 Page 2 of 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Canyon Creek at Peasley – Division 1, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 11 of the Final Plat and set forth below: PARCEL A THE EAST 330 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, IN SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL B THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE WEST 12 FEET OF THE NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER IN SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING NORTH OF THE SOUTH LINE OF SOUTH 321ST STREET; AND EXCEPT THAT PART IN ROADS. PARCEL C THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 12 FEET THEREOF; AND EXCEPT THE EAST 285 FEET THEREOF; AND EXCEPT THAT PORTION IN 46TH PLACE SOUTH (KNICKERBACKER ROAD). ORD.B Page 91 of 127 - - - - - - - - - - - - - - - - Ordinance No. 6589 March 9, 2016 Page 3 of 5 PARCEL D THE SOUTH 20 FEET OF THE WEST 105 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTH 30 FEET OF THE WEST 150 FEET OF THE EAST 285 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER ALL IN SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL E THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 165 FEET OF THE EAST 357.49 FEET THEREOF. PARCEL F LOT 1 OF KING COUNTY SHORT PLAT 1280053R RECORDED SEPTEMBER 23, 1986 UNDER RECORDING NO. 8609230856, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF SOUTH 324TH STREET ADJOINING, WHICH ATTACHED BY OPERATION OF LAW PURSUANT TO CITY OF AUBURN ORDINANCE 6509 RECORDED UNDER RECORDING NUMBER 20151022000245. PARCEL G LOT 2 OF KING COUNTY SHORT PLAT 1280053R RECORDED SEPTEMBER 23, 1986 UNDER RECORDING NO. 8609230856, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF SOUTH 324TH STREET ADJOINING, WHICH ATTACHED BY OPERATION OF LAW PURSUANT TO CITY OF AUBURN ORDINANCE 6509 RECORDED UNDER RECORDING NUMBER 20151022000245. PARCEL H LOT 3 OF KING COUNTY SHORT PLAT NUMBER 1280053R RECORDED SEPTEMBER 23, 1986 UNDER RECORDING NUMBER 8609230856, IN KING COUNTY, WASHINGTON. PARCEL I ORD.B Page 92 of 127 - - - - - - - - - - - - - - - - Ordinance No. 6589 March 9, 2016 Page 4 of 5 LOT 2 OF KING COUNTY SHORT PLAT NUMBER 387019 RECORDED MAY 24, 1988 UNDER RECORDING NUMBER 8805240164, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF SOUTH 324TH STREET ADJOINING, WHICH ATTACHED BY OPERATION OF LAW PURSUANT TO CITY OF AUBURN ORDINANCE 6509 RECORDED UNDER RECORDING NUMBER 20151022000245. [King County Tax Parcel Nos. 152104-9017, 152104-9157, 152104- 9019, 152104-9020, 152104-9001, 926280-0201, 926280-0203, 926280-0194, 926280-0271] is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor’s Division. ORD.B Page 93 of 127 - - - - - - - - - - - - - - - - Ordinance No. 6589 March 9, 2016 Page 5 of 5 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. FIRST READING: _______________ SECOND READING: _____________ PASSED: ______________________ APPROVED: ___________________ CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ____________________________ Daniel B. Heid, City Attorney Published: ___________________ ORD.B Page 94 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5213 Date: March 7, 2016 Department: Community Development & Public Works Attachments: Res 5213 Budget Impact: $0 Administrative Recommendation: City Council approve Resolution No. 5213 Background Summary: Resolution No. 5213 amends Section D, Auburn Municipal Airport Fees, of the current City of Auburn Master Fee Schedule. This amendment will authorize the Mayor to wave a portion or all of any required fees for rental of hangar space and associated storage space for governmental entities or government affiliated entities that provide community service(s) and public benefit(s) to residents, citizens and businesses of Auburn. The City Council’s approval of this amendment will allow for the Mayor to authorize the waiver of rental fees for one (1) open hangar space rental and one (1) storage space for the Civil Air Patrol (CAP). CAP is the official auxiliary of the United States Air Force and a 501 (c) 3 non-profit organization. CAP supports America's communities including the City of Auburn with emergency services and operational missions in the areas of search and rescue, disaster relief, humanitarian services, Air Force support and counterdrug support. The provision of non-charged hangar and storage space will provide CAP the needed level of operational security and climate protection for CAP’s current and future next generation aircraft. CAP has had a presence at the Auburn Municipal Airport since the 1970’s. Through the provision of non-charged internal hangar and storage spaces for all CAP associated aircraft, the City will support CAP in its continued provision of emergency and operational services to the citizens of Auburn and the surrounding region. Reviewed by Council Committees: Councilmember:Staff:Snyder AUBURN * MORE THAN YOU IMAGINEDRES.A Page 95 of 127 Meeting Date:March 14, 2016 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 96 of 127 RESOLUTION NO. 5 2 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION D, AUBURN MUNICIPAL AIRPORT FEES, OF THE CURRENT CITY OF AUBURN MASTER FEE SCHEDULE WHEREAS, the City of Auburn has a Master Fee Schedule adopted via resolution by the City Council for City permits, licenses, publications and actions; and WHEREAS, Section D of the Master Fee Schedule specifies fees for the Auburn Municipal Airport; and WHEREAS, the Auburn City Council approved Resolution No. 5181 on December 7, 2015 establishing a Master Fee Schedule for the calendar year 2016; and WHEREAS, there may be governmental entities or government affiliated entities that provide community service(s) and public benefit(s) to the residents, citizens and businesses of Auburn that require hangar space and that the City may want to waive all or a portion of the required fees for the rental of hangar space. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That a new subsection 5 is added to Section D of the current City of Auburn Master Fee Schedule last approved by City Council with passage of Resolution No. 5181 on December 7, 2015, which new subsection 5 provides for a waiver of certain fees at the Auburn Municipal Airport as set forth in the revised Section D, attached hereto, marked as Exhibit "A" adopted 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. 5213 February 24, 2016 Page 1 of 2RES.A Page 97 of 127 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2016. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST. Danielle E. Daskam, City Clerk APP ,VED A S • FORM: tilk4A! Daniel B. Hel'A orney Resolution No. 5213 February 24, 2016 Page 2 of 2RES.A Page 98 of 127 EXHIBIT "A" D. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution 3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270, Resolution No. 4414, Resolution 4734, Resolution No. 4880, Resolution No. 5016, I Resolution No. 5114, and-Resolution No. 5181, and Resolution ) 1. Lease Fees Lease Type:194.00224.00310.00420.0070.00114.00101.00122.00155.00 Open Single Open Twin Closed R-2 Closed R-9 & 10 Outside Tiedowns Storage Rows 3-8 Storage Units (185 sq. ft. — Buildings 9,10) Storage Units (298 sq. ft.) Storage Units (380 sq. ft. — Buildings 9,10) The West End Hangars located on Hangar rows 9 and 10 have an additional 298 square feet each. There shall be an additional $110.00per month surcharge for the additional space. A security surcharge of $5.00 per month is charged, in addition to the base monthly rental fees provided in this section, for each tie-down, each hangar door and each storage rental area, which security surcharge fees are to be used for the provision of increased security at the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). For the purposes hereof, each tie-down consists of the structures/facilities necessary to accommodate one (1) regular sized light aircraft. Furthermore, the hangar doors to which the security surcharge applies includes all hangars located at the Auburn Municipal Airport, including those hangars built on land owned by the City but leased to private parties, and those hangars owned in a condominium type ownership. The above lease and security surcharge amounts are subject to applicable leasehold taxes, which shall be paid by the tenant. The total charges, including the above lease rates plus lease hold tax and surcharge shall be reflected in monthly billing rates. Tenants shall be given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be effective January 1, 2014. Payments. Payments are due on the first of each month, past due as of the 5th and late as of the 15th. Payments not received by the 15th incur a $10.00 late fee. Payments not received after 30 days from the due date incur an additional $25.00 delinquency fee. Automatic gate electronic cards. One automatic gate electronic card will be issued to each City rental tenant free of charge. Any additional electronic cards requested by a tenant are subject to a $25.00 fee. A $15.00 fee refund applies to all serviceable returned cards. An additional $25.00 replacement fee will be assessed against the tenant for all lost or damaged electronic cards. All electronic cards must be returned to the airport at the time of lease expiration. Each lease shall include an initial payment of first and last months' rent plus a damage deposit in the amount of two times the monthly base rate. Each lease agreement shall also include terms that authorize the city to apply the damage deposit to outstanding charges on termination. RES.A Page 99 of 127 2. Daily Transient Parking (overnight) Tie Down 5.00 Open "T' 25.00 Enclosed Hangar 35.00 3. Base Parking Fee— Designated Spaces A base vehicle parking fee of$55.00 per month per designated space is charged. There are ten designated spaces available on a first come basis for pilots to park or store a vehicle for an extended period of time. All airport rules and regulations apply. A Vehicle Storage Permit must be completed and appropriate fees paid. The storage of vehicles is for convenience for the users of the Auburn Airport and is month-to-month. 4. Additional Airport Fees Gate Cards (each lease gets one card at no charge. Additional 25.00 cards cost $25.00. A $15.00 refund applies to all serviceable returned cards.) Aeronautical Business License (includes listing of your business on $250.00 airport signs and airport webpage.) Hangar Waitlist Fee 50.00 5. Waiver of Fees for Governmental Entities or Governmenl Affiliated Entities The Mayor is authorized to waive a portion or all of any (otherwise) required fees for hangar space rental and associated storage unit - if space is available - for governmental entities or government affiliated entities that provide community service(s) and public benefit(s) to residents citizens and businesses of Auburn. RES.A Page 100 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5214 Date: March 7, 2016 Department: CD & PW Attachments: Res 5214 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5214. Background Summary: Resolution No. 5214 authorizes the Mayor to negotiate agreements and execute documents necessary for Rights-of-Way and Easements of property rights related to City Project No. C222A - S 277th St Corridor Capacity & Non-motorized Trail Improvements. The property rights needed for this project are shown on the attached exhibits and include Right-of-Way (ROW) dedications, Temporary Construction Easement, and Conservation Easements. The total estimated project costs are $8,889,807.00. The ROW phase is anticipated to cost $1,384,064.00 which includes the estimated value of the ROW dedicated by the Robertson Property Group (RPG) of $1,300,000.00. The ROW phase is funded by a federal grant fund and local matching funds provided by the City. Reviewed by Council Committees: Councilmember:Staff:Snyder Meeting Date:March 14, 2016 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 101 of 127 RESOLUTION NO. 5 2 1 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AGREEMENTS AND EXECUTE DOCUMENTS NECESSARY FOR RIGHTS-OF-WAY AND EASEMENTS FOR PROPERTY RIGHTS RELATED TO CITY PROJECT C222A — S 277TH STREET CORRIDOR CAPACITY & NON-MOTORIZED TRAIL IMPROVEMENTS WHEREAS, the City is committed to constructing project C222A, the S 277t" Street Corridor Capacity & Non-motorized Trail Improvements project; and WHEREAS, this project has been through various City reviews and approvals, which approvals require executing documents necessary for property rights related to the project, including Right-of-Way Dedications, Temporary Construction Easement; and Conservations Easements to the City; and WHEREAS, the City Council has previously reviewed and approved Resolution No. 4903 that accepted federal funds for right of way acquisition for the project; and WHEREAS, the developer wishes to move forward with the property rights issues as the next stage of development; and it is appropriate to make sure that the property rights documents related to the project are in conformity with the approved plans and commitments, and its is likewise appropriate for the Mayor to negotiate to satisfy the development requirements and when satisfactory, to execute said documents; and Resolution No. 5214 March 1, 2016 Page 1 RES.B Page 102 of 127 WHEREAS, the policies and procedures that will be followed in regard to negotiation and purchase for the property is governed by federal legislation and will be strictly adhered to. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to negotiate agreements and execute all documents necessary to complete the property rights required to complete City project C222A — S 277th Street Corridor Capacity & Non- motorized Trail Improvements, consistent with budgeted funds. Section 2. Any documents that are already prepared and executed by the responsible party, and that conform to the requirements hereof, are ratified hereby. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2016. CITY OF AUBURN NANCY BACKUS, MAYOR Resolution No. 5214 March 1, 2016 Page 2 RES.B Page 103 of 127 ATTEST: Danielle E. Daskam, City Clerk APPR'V,ED AS TO FORM: LL&•• Oriel B. Hei., City Attorney Resolution No. 5214 March 1, 2016 Page 3 RES.B Page 104 of 127 Ilii 1 1 I 1 1 \ A \ r ll"llall_ A t _ Ewiww _--,..__________-S277th* St I_" T E. I\ o \ W Er A T c 0 * Legend (Property Information) Chevron:Right-of-Way Dedication x O Chevron:Temporary Construction Easement 4800 RPG:Right-of-Way Dedication 16\ , ,\\ i---CITY OF AUBUR S 277th St Corridor Capacity & Non-Motorized Trail Improvements AUBURN WASHINGTON Rights-of-Way and Easement for Property Rights Map L© March 2016 Page 1 of 2RES.B Page 105 of 127 El MIMI. S 277th St 4900 11 W Z U) Legend (Property Information) 0 RPG:Right-of-Way Dedication v o 7 7 RPG:Conservation Easement V V 7 O 7 V G r V V V V V V V v v v o 9 v V v V V V 4 V 4800 II a CITY OF S 277th St Corridor Capacity & Non-Motorized Trail Improvements AUBURN Rights-of-Way and Easement for Property Rights Map NIFWASHINGTONMarch2016Page2of2RES.B Page 106 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5215 Date: March 9, 2016 Department: City Attorney Attachments: Res 5215 Budget Impact: $0 Administrative Recommendation: approve Resolution No. 5215. Background Summary: In 2012, the voters of this state approved an initiative (Initiative No. 502 [I-502]) to legalize recreational marijuana. Following the passage of that initiative, the City Council passed a resolution holding marijuana related businesses in limbo until a decision by the City Council could be made in terms of how the City would be responding to this new law. Following a review of issues by the Planning Commission and the City Council, an approach was developed whereby the City was not the licensing agent for marijuana businesses, but these businesses were not prohibited. Instead, the City left the licensing and regulation of marijuana businesses to the state. Under the plan developed by the state for marijuana businesses, two marijuana retail businesses were allocated to be located within the City of Auburn. In 2015, the state legislature amended the law regarding marijuana businesses authorizing an increase in the number of marijuana businesses in jurisdictions across the state. This change triggered the passage of a resolution imposing another moratorium through Resolution No. 5194 (passed on January 4, 2016). According to the language of this moratorium, all marijuana retail businesses that had not, yet, been licensed by the state were prohibited from being licensed. However, the City of Auburn was approached by one of the initial I-502 retail businesses which was in the final stages of licensing by the state and was preparing to open in the very near future. The request by this business was to receive an accommodation or flexibility by the city in its moratorium to recognize its distinctions from subsequent businesses falling under the parameters of the 2015 state legislation. City staff met with representatives of the state Liquor and Cannabis Board (the state department that is responsible for licensing marijuana businesses) who advised that the board is willing to treat marijuana related businesses different, depending upon whether they fall under I-502 or subsequent legislation. A distinction identified by the Board was that I-502 AUBURN * MORE THAN YOU IMAGINEDRES.C Page 107 of 127 businesses cannot relocate, but businesses regulated under subsequent legislation can relocate. Based upon the information received from the Board, a resolution amending the moratorium established by Resolution No. 5194 was prepared. This resolution (Resolution No. 5215), if passed, would amend the Resolution No. 5194 moratorium to allow I-502 businesses to operate, but would remain in effect as to other businesses (that could relocate). Reviewed by Council Committees: Councilmember:Staff:Heid Meeting Date:March 14, 2016 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 108 of 127 RESOLUTION NO. 5 2 1 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE MORATORIUM ADOPTED AND ESTABLISHED BY RESOLUTION NO. 5194, WHICH ESTABLISHED A MORATORIUM ON THE ALLOWANCE, ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR BUSINESS LICENSES AND OTHER LICENSES, PERMITS AND APPROVALS FOR MARIJUANA/CANNABIS RELATED BUSINESSES AND USES WHEREAS, Initiative Measure No. 502 (1-502), approved by the voters of Washington State on November 6, 2012, legalized the production, sale and use of marijuana products purchased from State licensed stores for adults age twenty-one 21) and over; and WHEREAS, 1-502 Section 4 (3) allows the Washington State Liquor Control Board [aka the Liquor and Cannabis Board] to license marijuana retailers to sell usable marijuana and marijuana-infused products at retail outlets; and WHEREAS, 1-502 Section 13 limited the number of retail outlets to be licensed in each county for the purpose of making usable marijuana and marijuana- infused products available for sale to adults twenty-one (21) years of age or over, which initial limitation was applied to Auburn as restricting the number of retail outlets to two (2) such businesses for the City of Auburn; and WHEREAS, on September 2, 2014 the Auburn City Council adopted Ordinance No. 6525, related to the state regulation of production, processing and/or retail outlets and sales of marijuana; and WHEREAS, Second Engrossed Substitute House Bill 2136 and Senate Bill 5052 revised state requirements for state marijuana regulations; and WHEREAS, the Liquor and Cannabis Board issued a letter on September 23, 2015, stating that the Board will be allowing additional retail stores, increasing the number of stores beyond the initial limitation on the number of licensed retail stores; and Resolution No. 5215 March 3, 2016 Page 1 of 4 RES.C Page 109 of 127 WHEREAS, the Liquor and Cannabis Board also advised that local jurisdictions may choose to promulgate rules or ordinances that address concerns about the increase in the number of retail stores; and WHEREAS, the Auburn City Code does not currently have specific provisions addressing the number of allowed marijuana retail locations; and WHEREAS, sections 35A.63.220 and 36.70A.390 of the Revised Code of Washington (RCW) authorize the City Council to adopt an immediate moratorium for a period of up to twelve (12) months if a public hearing on the proposal is held within at least sixty (60) days of its adoption and a work plan is developed for related studies providing for the moratorium period; and WHEREAS, pursuant to Section 5 of Resolution No. 5194, a public hearing was conducted before the City Council on the 16th day of February, 2016, in City Council Chambers, where the City Council heard and considered the comments and testimony of those wishing to speak at such public hearing regarding the moratorium. WHEREAS, the City has been advised by the Washington State Liquor and Cannabis Board that there are differences between those businesses that would have been licensed under 1-502 and those that would have been licensed under subsequent state legislation, including that the 1-502 businesses cannot relocate their business site, but that those under subsequent legislation could relocate to other locations; and WHEREAS, the City Council still desires to impose its twelve (12) month moratorium on the acceptance of any permit application or business license or application for the siting, location or operation of any new marijuana retailers, however, based on differences the Washington State Liquor and Cannabis Board applies to the businesses falling under the initial 1-502 (the initial two businesses) and those that fall under the subsequent legislation (Second Engrossed Substitute House Bill 2136 and Senate Bill 5052), it is reasonable to amend the moratorium to accommodate the differences. Resolution No. 5215 March 3, 2016 Page 2 of 4 RES.C Page 110 of 127 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. FINDINGS. The 'Whereas" paragraphs set forth above as well as those included in Resolution No. 5194 (insofar as they are consistent herewith) shall constitute the findings of fact in support of the moratorium established by Resolution No. 5194 and amended by this Resolution and said findings are fully incorporated into this Resolution. Section 2. MORATORIUM AMENDMENT. Pursuant to the provisions of sections 35A.63.220 and 36.70A.390 RCW, the moratorium established by Resolution No. 5194 and amended by this Resolution prohibits the acceptance of any applications for business licenses or permits, or any applications for the siting, location land use permits or operation of any new marijuana retailers in the City of Auburn; PROVIDED That this moratorium shall not prohibit the operation of the initial two (2) retail marijuana businesses selected and licensed by the Liquor and Cannabis Board under 1-502, so long as they exist in the City under State law and/or City Ordinances prior to the effective date of this Resolution and shall not preclude renewal of existing licenses for businesses which continue to be in lawful operation at the time of such renewal. Section 3 TERMS OF MORATORIUM UNCHANGED. All other terms and conditions of the moratorium adopted by Resolution No. 5194, including the Work Plan, shall remain in full force and effect. Section 4. AMENDING RESOLUTION TO BE TRANSMITTED TO STATE. Pursuant to RCW 36.70A.106, a copy of this Resolution, amending the moratorium established by Resolution No. 5194, shall be transmitted to the Washington State Department of Commerce. A copy of this Resolution shall also be transmitted to the Washington State Liquor and Cannabis Board. Section 5. SEVERABILITY. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, Resolution No. 5215 March 3, 2016 Page 3 of 4 RES.C Page 111 of 127 such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 6. ADMINISTRATIVE PROCEDURES. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. EFFECTIVE DATE. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2016. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP' O ED , FO°M: I Daniel B. Heid, City Attorney Resolution No. 5215 March 3, 2016 Page 4 of 4 RES.C Page 112 of 127 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5218 Date: March 9, 2016 Department: Administration Attachments: Res 5218 Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 5218 Background Summary: In response to the need for transitional housing for victims of domestic violence the City used part of its Housing & Urban Development (HUD) Community Development Block Grant funds to purchase a single family home with the intent that it become a clean, safe transitional house. At the time of purchase the property was not livable due to an incomplete remodel by the previous owner. The City wishes to enter into a Construction Agreement with Habitat for Humanity to finish the remodel, bringing the property into livable condition so that it may be utilized for its intended use as clean and safe transitional housing for the victims of domestic violence. The Construction Agreement is for an amount not to exceed $65,000.00. As part of the contract Habitat for Humanity will coordinate and manage the help of volunteer labor and utilize their ability to purchase materials at heavily discounted costs through their preferred vendors. Upon approval by Council of this contract construction would begin as soon as March 23, 2016. The estimated time to complete the project is 2-3 months. Reviewed by Council Committees: Councilmember:Staff:Hinman Meeting Date:March 14, 2016 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 113 of 127 RESOLUTION NO. 5 2 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AGREEMENT BETWEEN THE CITY OF AUBURN AND HABITAT FOR HUMANITY WHEREAS, the City has property located at 912 9th Street in Auburn, Washington that needs to be rehabilitated; and WHEREAS, once rehabilitated, the property would be used for charitable purposes and be valuable to those in need; and WHEREAS, the City has Community Development Block Grant (CDBG) and general budget funds to finance such programs; and WHEREAS, Habitat for Humanity is able to provide needed construction services at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Construction Agreement between the City and Habitat for Humanity, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section,3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2016. Resolution No. 5218 March 7, 2016 Page 1 of 2RES.D Page 114 of 127 CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk A'R• Es A S TO FORM: t 0&,/ aniel B. Heid, City A'orney Resolution No. 5218 March 7, 2016 Page 2 of 2RES.D Page 115 of 127 a r Y OF *:L AJ!nity® WASHINGTON Seattle-King County CONSTRUCTION AGREEMENT BETWEEN THE CITY OF AUBURN AND HABITAT FOR HUMANITY SEATTLE-KING COUNTY This Construction Agreement (the "Agreement") is dated and executed this day of 2016(the"Effective Date"). The parties("Parties")to this Agreement are the City of Auburn, a non-charter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington (hereinafter "Auburn") and Habitat for Humanity Seattle-King County hereinafter"Agency"). RECITALS WHEREAS Auburn has provided Community Development Block Grant("CDBG")id]and General Budget funds to finance certain programs; WHEREAS the programs provided by the Agency are for the general community's benefit and are designed for the well-being of children, individuals, and families in the City of Auburn; NOW,THEREFORE,in consideration of the recitals,which are incorporated by reference,and the following mutual promises and covenants contained in this Agreement, the Parties mutually agree as follows: 1. Services. The Agency shall provide the services described in Exhibit A,entitled Scope of Service and Schedule of Work, attached and fully incorporated into this Agreement by reference Scope of Service"). The Scope of Service shall be performed in a manner consistent with the accepted practices for other similar Services,completed to Auburn's satisfaction,within the time prescribed by Auburn, and pursuant to the direction of the Property& Facilities Analyst P&FA") or designee. 2.Term. The term of this Agreement shall be for a period of six (6) months commencing on March 1, 2016, and terminating on September 1, 2016 ("Term"). 3.Termination. Prior to the expiration of the Term, this Agreement may be terminated or suspended immediately,with or without cause by Auburn. The Agency may cancel this Agreement only upon thirty(30) business days' prior written notice to Auburn. In the event Auburn terminates or suspends this Agreement, the Agency will be entitled to receive compensation for any approved Services rendered prior to the termination or suspension of this Agreement. The P&FA's determination of compensation shall be binding and conclusive. COR/Habitat for Humanity 1 RES.D Page 116 of 127 4.Consideration. a. Total Compensation. In exchange for the Agency's performance of the services detailed in the Scope of Service,Auburn shall reimburse the Agency in an amount not to exceed the amount specified in the Scope of Service. b. Method of Payment. Agency will submit an invoice to Auburn as specified in the Scope of Service. Failure to deliver the invoice and reports in a timely manner may jeopardize the payment of funds for that period. Payment will be made no later than forty-five (45) calendar days after receipt of invoice and approval of reports. i. If Auburn objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. ii. In that event, the.Parties will immediately make every effort to settle the disputed portion. 5. Monitoring. Even though the Agency is an independent contractor with the authority to control and direct the performance and details of the Services authorized under this Agreement,the work must meet the approval of Auburn and shall be subject to Auburn's general right of inspection to secure satisfactory completion. Auburn shall review reports to monitor compliance with the level of service required in the Scope of Service. Auburn may also review program performance periodically on-site. 6. Independent. Contractor. The Agency and Auburn agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. The. Parties do not intend to create and nothing in this Agreement shall be considered to create an employer-employee relationship between the Parties or the Parties' employees, agents and/or volunteers. The Agency and its employees,agents and/or volunteers are not City employees and shall not be entitled to any City of Auburn benefits or protections.. Auburn shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency, or its employees, agents or volunteers. Industrial or any other insurance that is purchased for the benefit of Auburn, regardless of whether such may provide a secondary or incidental benefit to the. Agency, shall not be deemed to convert this Agreement to an employment contract. 7. Indemnification. The Agency shall indemnify,defend and hold Auburn, its elected officials, officers, agents, employees and volunteers, harmless from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of the Agency's own employees, agents and volunteers, or damage to property caused by the Agency's negligent act or omission, except for COR/Habitat for Humanity RES.D Page 117 of 127 those acts caused by or resulting from the sole negligent act or omission by Auburn and its officers,agents, employees and volunteers. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) 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 Agency and Auburn, its officers,officials, employees and volunteers,the Agency's liability shall be only to the extent of the Agency's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitutes the Agency's waiver of immunity under the Industrial Insurance Act, RCW Title 51,solely for the purposes of this indemnification.The Parties have mutually negotiated and agreed to this waiver. The Agency's indemnification shall not be limited in any way by any limitation of the amount of damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit acts or any other benefits acts or programs. termiTheprovisionsofthissectionshallsurvivetheexpirationornation of this Agreement. The Agency represents to Auburn that the Agency has competent,trained staff and where necessary, professional staff to render the services to be performed under this Agreement. 8. Discrimination Prohibited. In all of the Agency's services, programs, or activities, and all of the Agency's hiring and employment made possible by or resulting from this Agreement there shall be no illegal discrimination by the Agency or by the Agency's officials, employees, agents, subcontractors, representatives or volunteers against any person because of sex, age, race,color,creed,national origin,marital status, honorably discharged veteran or military status, or the presence of any disability, including sensory, mental or physical handicaps, or any other protected class status as defined by any State, Local or Federal laws, unless based upon a bona fide occupational qualification in relationship to hiring and employment. Any material violation of this provision shall be grounds for Auburn to terminate this Agreement without penalty. 9. Insurance. The Agency agrees to carry as a minimum,the following insurance, in such forms and underwritten by a company acceptable to Auburn, unless waived or reduced by Auburn. a. Workers'Compensation as required by the industrial insurance regulations in the. State of Washington. b. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of one million dollars ($1,000,000)for each accident. This is required of all consultants and professional service providers where a COR/Habitat for Humanity 3 RES.D Page 118 of 127 vehicle will be used on the Agreement to fulfill commercial obligations of this Agreement, beyond normal commutes. c. Builders Risk insurance covering interests of Auburn,the Agency, i Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including,theft,vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal, and damage to materials in transit or stored off-site. This Builders.Risk insurance covering the work will have a maximum deductible of$5,000 for each occurrence, which will be the responsibility of the Agency. Any increased deductibles accepted by Auburn will remain the responsibility of the Agency. The Builders Risk insurance shall be maintained until Auburn has granted substantial completion of the project. d. Commercial General Liability insurance shall be written with limits no less than one million _dollars. ($1,000,000)__for_ each occurrence,_two million dollars 2,000,000) general aggregate. e. Additional Insured.Auburn will be named as an Additional Insured on the Agency's Commercial General Liability and Automobile Liability policies with that coverage being primary and non-contributory with any other policies available to Auburn. f. Survival of Insurance provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such. expiration or termination. g. No Limitations. Auburn does not represent that the coverage and minimum insurance limits required under this Agreement are adequate to protect the Agency from all financial liability. h. Verification of Coverage.Subject to Auburn's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Auburn before executing the work of this Agreement. i. Review of Policy. Upon request, the Agency shall give Auburn a full copy of the insurance policy for its records and for the Auburn City Attorney's or Risk Manager's review.The policy limits may be reviewed and the value reassessed annually or as required by law. j. Other Insurance. The Agency's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain,or be endorsed to contain that they shall be primary insurance as respect Auburn. Any Insurance, self-insurance,or self-insured pool coverage maintained by Auburn shall be excess of the Agency's insurance and shall not contribute with it. If the Agency COR/Habitat for Humanity 4 RES.D Page 119 of 127 maintains higher insurance limits than the minimums shown above,Auburn shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Agency,irrespective of whether such limits maintained by the Agency are greater than those required by this contract or whether any certificate of insurance furnished to Auburn Entity evidences limits of liability lower than those maintained by the Agency. k. Agency's Insurance for Other Losses. The Agency shall assume full responsibility for all loss or damage from any cause whatsoever to any tools,Agency's employee owned tools, machinery, equipment,or motor vehicles owned or rented by the Agency,or the.Agency's agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences. 10. Books and Records. The.Agency agrees to maintain books, records, and accounts, electronic or otherwise, including without limitation personnel, property, financial and programmatic records,which_sufficiently andproperly reflect:all-direct and indirect_costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by Auburn to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times,to inspection, review or audit by Auburn, its authorized representative(s), the State Auditor, or other governmental officials authorized by law to monitor this Agreement. The Agency agrees to maintain all books and records relating to this Agreement for a period of three (3) years following the date this Agreement expires or is otherwise terminated. 11. Project Files. The Agency shall maintain files for this project containing the following items: a. A copy of this Agreement and Exhibit A, and Scope of Service correspondence regarding budget revision requests. b. Copies of all project invoices and reports and documentation submitted to Auburn. 12. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period,Auburn will not be obligated to make payments for Service or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Service for which funds are allocated. No penalty or expense shall accrue to Auburn in the event this provision applies. 13. Ownership and Use of Records and Documents. Original Documents, drawings, designs, reports, or any other records developed or created under this Agreement, electronic or otherwise,shall belong to and become the property of Auburn. All records submitted by Auburn COR/Habitat for Humanity 5 RES.D Page 120 of 127 to the Agency will be safeguarded by the Agency. The Agency shall make such data, documents, and files available to Auburn upon Auburn's request. Auburn's use or reuse of any of the. documents,data and files created by the Agency for this project by anyone other than the Agency on any other project shall be without liability or legal exposure to the Agency. 14. General Provisions. a. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by authorized representatives of both Parties. b. Assignment. The Agency shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without Auburn's prior written consent. c: Attorneys' Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an-attorney,or files-a lawsuit, each-Party shall pay all its own attorneys' fees, costs and expenses, unless otherwise provided for in this Agreement, and subject to the limitations set forth in RCW 4.84.330. d. Authority. Each individual executing this Agreement on behalf of Auburn and the Agency represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Auburn or the Agency. e. Captions or Headings. The respective captions of the sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. f. Conflicts. If there is a conflict between this and any previous Agreement, the terms of this Agreement shall supersede the terms of the previous Agreement. g. Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. h. Duplicate Originals. This Agreement shall be executed with duplicate originals, with each duplicate original having the same force and effect as the other. i. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. j. Force Maieure. If either Party cannot perform any of its obligations due to events beyond its reasonable control (other than the payment of money), the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond a Party's reasonable control COR/Habitat for Humanity 6 RES.D Page 121 of 127 include, but are not limited to, Acts of God, war, acts of domestic terrorism or violence,civil commotion, labor disputes,strikes, earthquakes,fire,flood or other casualty, shortages of labor or materials, government regulations or restrictions and weather conditions. k. Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. I. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. m. Joint Drafting Effort.This Contract shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution hereof. n. Modification. --No-provision of-this Agreement may be amended or modified except by written Agreement signed by the Parties. o. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid,to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Written notice sent to Auburn should be addressed as follows: Josh Arndt City of Auburn 25 W Main Street Auburn, WA 98001 jarndt(«1auburnwa.gov Written notice to the Agency shall be sent to the address following the Agency signature on the last page of this Agreement. Kelly Morgan Habitat for Humanity Seattle-King Co 560 Naches Ave SW, Suite 110 Renton, WA 98057 kmorgan@yhabitatskc.org COR/Habitat for Humanity 7 RES.D Page 122 of 127 p. No Waiver. Failure or delay of Auburn to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of Auburn to declare one breach or default does not act as a waiver of Auburn's right to declare another breach or default. q. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency's performance of this Agreement. r. Police Powers of Auburn. Nothing in this Agreement will diminish, or eliminate, or be deemed to diminish or eliminate the governmental or police powers of Auburn. s. Public Document/Public Disclosure. This Agreement will be considered a public document and will be available for reasonable inspection and copying by the public during regular business hours. This document may be disclosed pursuant to RCW-42.56. t. Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive,but shall be cumulative with all other ryremedies available to Auburn at law, in equity, or by statutes. u. Severability. A determination by a court of competent jurisdiction that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of such provision of this Agreement,which shall remain in full force and effect. v. Singular, Plural and Gender. Whenever required by the context of this Agreement, the singular shall include the plural and the plural shall include the singular. The masculine,feminine and neuter genders shall each include the other. w. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. x. Successors in. Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit and may be binding upon their respective successors in interest, heirs, and assigns. y. Third Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rig hts or benefits in the Agreement to anyone other than Auburn and the Agency, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Auburn and the Agency and no one else. COR/Habitat for Humanity 8 RES.D Page 123 of 127 z. Venue. The venue for any dispute related to this Agreement shall be Superior Court, King County,Washington. IN WITNESS WHEREOF,the Parties have enter;• into thi greement effective as of the Effective Date. J 1 twai Nancy Backus, Mayor Ga I L ,n•-r74,O City of Auburn H.bita ie r rnanity 'eattle-Kin;. County APPROV ! 'S TO ORM: D e71, City Attorney COR/Habitat for Humanity 9 RES.D Page 124 of 127 Exhibit A Scope and Schedule of Work 2016 Program Services Agreement Agency: Habitat of Seattle-King County Goal Complete the rehab of the house at 612 9th St SE; Auburn, WA. This funding All funding to manage and complete the rehab of the house by Agency. will provide: Effective March 23, 2016-October 1, 2016 Date Funding: Agency shall be reimbursed for all costs associated with this project. This includes: labor project and site management); materials and equipment;and all permits and fees,this is estimated to be$53,000. Auburn shall contract with all required subcontractors(subcontracting needs to be determined by Agency),this is estimated to be$12,000. The cost of the entire project including subcontracting is not anticipated to exceed$65,000(the'Project Cap"). Notwithstanding the Project Cap,Auburn acknowledges that the project includes significant work that was never completed under prior permits and contains costs and conditions that are not foreseeable. In the event that Agency discovers any such costs and conditions,Agency shall notify Auburn,and the parties shall determine any necessary change orders to the scope of work and related costs of the project. Agency shall not continue with its work until the parties have agreed to any change in scope of project costs,this will be documented by change order. Services: The Agency shall provide project and site management services to lead volunteers in the rehab the house at 612 9th St SE,Auburn. Services shall be provided in a manner which fully complies with all applicable federal,state and local laws,statutes,ordinances,rules and regulations,as are now in effect or may be amended or enacted during the course of the Agreement. Scope: The scope of work is outlined below. Items to be completed by subcontractors are noted. DESCRIPTION OF WORK SUBCONTRACTOR? GENERAL Obtain all required permits, bonds,licenses Mobilize site for work and volunteers(including porta potty,tool storage, dumpster,and safety supplies) Remove existing debris. Clean up all construction debris during and after construction. 1 RES.D Page 125 of 127 EXTERIOR WORK Repair existing roof Subcontractor Install bird blocking for attic ventilation Reframe exterior wall in master bedroom to eliminate exterior door, install siding as needed Repair siding as needed&paint Complete exterior electrical work(including light fixtures,electrical box, sealing penetrations and capping extra light locations) Remove front decking. Pour concrete entry with steps and walkway from the sidewalk. Install railing as needed. Remove back deck. Pour concrete deck and steps. Install railing as needed. Remove and replace existing vent blocks Install 2 curb stops to indicate parking area INTERIOR WORK --- Complete corrections noted on existing building permit Complete corrections noted on existing electrical permit Subcontractor Install electric water heater Subcontractor Replace broken windows Install NG furnace Subcontractor(s) Install ducting and vents for furnace Eliminate power to crawl space. Remove unused wiring&piping Subcontractor Install electrical outlets,switches,cable/phone jacks and covers throughout Subcontractor the house Install lighting(typically one ceiling fixture per room)and smoke/CO detectors Subcontractor per code)throughout the house. Install doorbell&exhaust fan in bathroom. Modify ceilings in kitchen and bedroom to increase insulation and simplify sheetrock installation Install 3 piece tub/shower surround and shower doors on existing tub Install insulation in exterior walls&seal as needed Install insulation in attic and crawlspace Subcontractor Install interior doors(bedroom, bathroom,basement,and closets) Frame door to basement and install door Hang,tape,and texture drywall Install MDF trim throughout the house(base,case doors,window aprons) Paint interior walls and trim Install flooring throughout the house. Tile in bathroom,bamboo(or similar) in remainder. 2 RES.D Page 126 of 127 Install cabinets in bathroom&kitchen; Install plastic laminate countertops and 4"tile backsplashes in kitchen and bath Install appliances(dishwasher, refrigerator, microwave hood,and range electric)) Install shelving in closets Install all plumbing fixtures in kitchen and bathroom Install mirror and accessories(towel bar, ring,and TI)ho_lder)in bathroom Install blinds throughout the house Complete final clean of house Invoicing: Monthly Habitat will submit an invoice for reimbursement for project expenditures. The invoice shall be submitted along with copies of the receipts for the items)to be reimbursed. Habitat may use their own invoice form or the City will provide one upon request. Invoices an documentation may be mailed or emailed to: Josh Arndt City of Auburn 25 W Main Street Auburn, WA 98001 jarndtPauburnwa.gov 3 RES.D Page 127 of 127