HomeMy WebLinkAbout05-15-2017 CITY COUNCIL AGNEDACity Council Meeting
May 15, 2017 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Proclamation - Affordable Housing Wek
Mayor Backus to proclaim May 15-22, 2017 as Affordable Housing Week in the
city of Auburn.
B. Proclamation - "Never Again Day"
Mayor Backus to proclaim May 22, 2017 as "Never Again Executive Order 9066
Day" in the city of Auburn.
C. Proclamation - National Public Works Week
Mayor Backus to proclaim May 21 - 27, 2017 as "National Public Works Week"
in the city of Auburn.
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
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VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the May 1, 2017 City Council Meeting*
B. Claims Vouchers (Coleman)
Claim voucher numbers 443671 Through 443869 in the amount of
$6,582,490.93 and two wire transfers in the amount of $2911.34 and dated May
15th, 2017.
C. Payroll Vouchers (Coleman)
Payroll check numbers 537276 through 537310 in the amount of $574,217.29,
electronic deposit transmissions in the amount of $1,512,084.91 for a grand total
of $2,086,302.20 for the period covering April 27, 2017 to May 10, 2017.
D. Public Works Project No. MS1510* (Snyder)
Award Small Works Contract No. 17-01, to A&D Quality Construction Co., LLC
on their low bid of $59,950.00 plus Washington State sales tax of $5,995.00 for a
total contract price of $65,945.00 for Project No. MS1510, 104th Ave SE Building
Demolition
E. Public Works Project No. CP1107* (Snyder)
Award Contract No. 17-09 to Award Construction, Inc. on their low bid of
$690,600.00 plus Washington State sales tax of $69,060.00 for a total contract
price of $759,660.00 for Project No. CP1107, Fulmer Well Field Improvement
Project.
F. Public Works Project No. CP1511* (Snyder)
Award Contract No. 17-12, to Active Construction, Inc. on their low bid of
$1,479,675.54 plus Washington State sales tax of $103,722.35 for a total price
of $1,583,397.89 for Project No. CP1511, M Street SE Improvements (3rd Street
SE to East Main St) project
G. Public Works Project No. CP1523* (Snyder)
Award Contract No. 17-05 to CPM Development Corporation DBA ICON
Materials on their low bid of $827,290.25 for Project No. CP1523, Lake Tapps
Parkway Preservation Project
VIII. UNFINISHED BUSINESS
A. Safer Cities/Inclusive Cities* (Heid/Hinman)
ORDINANCE NO. 6651
An Ordinance of the City Council of the City of Auburn, Washington, adding a
new Section 1.02.030 of the Auburn City Code relating to the powers and duties
of City officers and employees, including the affirmation of the value of all auburn
residents
RESOLUTION NO. 5284
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A Resolution of the City Council of the City of Auburn, Washington, affirming of
the value of all auburn residents
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6643* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, granting to
MCImetro Access Transmission Services Corp., D/B/A Verizon Access
Transmission Services, a Delaware Corporation, a franchise for
telecommunications services
B. Ordinance No. 6652* (Heid/Hinman)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 5.40 of the Auburn City Code, related to the regulation of Fair
Housing Practices
XI. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 76
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 1, 2017 City Council Meeting
Date:
May 8, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:May 15, 2017 Item Number:CA.A
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Page 1
CITY COUNCIL
MEETING MINUTES
MAY 1, 2017 7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:04 p.m. and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob
Baggett, Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-
Manuel, and Rich Wagner.
Mayor Nancy Backus was in attendance, and the following
department directors and staff members were present: Community
Development and Public Works Director Kevin Snyder; Parks, Arts
and Recreation Director Daryl Faber, Director of Administration
Dana Hinman, Finance Director Shelley Coleman, City Attorney
Daniel B. Heid, Police Chief Bob Lee, Innovation and Technology
Director Paul Haugan, Assistant Director of Engineering
Services/City Engineer Ingrid Gaub, and City Clerk Danielle
Daskam.
II. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
A. West Auburn High School: Voice of the Community Awards
Mayor Backus recognized West Auburn High School students
Dominic Bundridge, Jocelyna Jorbon, Olivia Gibson-Morrison,
Aaliyah Seas, and Lizbeth Leos (not present) as the five finalists in
the Mayor’s Voice of the Community essay contest in which each
student wrote a letter to the Mayor expressing issues of concern.
The five finalists were each awarded a new Kindle Fire from the
Auburn Chamber of Commerce. Mr. Caesar Robinson, Partnership
Development Director for the Chamber, was on hand to present the
awards. West Auburn High School Principal Jon Aarstad and West
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Auburn High School Teacher Michael Sando thanked Mayor
Backus and the Chamber for the support and for the opportunity for
the students to participate in the competition.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
Resolution No. 5296 was added to the agenda and a corrected version of
Resolution No. 5262 was distributed prior to the meeting.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2016 Community Development Block Grant Annual
Action Plan Amendment (continued from April 17, 2017)
City Council to conduct the public hearing on the proposed
amendment of the 2016 Annual Action Plan for Community
Development Block Grant (CDBG) Projects
Mayor Backus re-opened the public hearing at 7:18 p.m. No
one from the audience requested to speak, and the hearing
was closed.
2. Public Hearing for Franchise Agreement No. 17-09
City Council to conduct a public hearing in consideration of
Franchise Agreement No. 17-09 for MCImetro Access
Transmission Services Corporation d/b/a Verizon Access
Transmission Services
Mayor Backus opened the public hearing at 7:19 p.m. No
one from the audience requested to speak regarding the
franchise agreement, and the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue. Those wishing to speak are
reminded to sign in on the form provided
Bob Darrigan, 104 South 325th Pl, Federal Way
On behalf of the Lions Club, Mr. Darrigan thanked Mayor Backus,
members of the Council, and the Parks and Recreation Department
staff for their contributions, assistance and facilitation of the special
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needs fishing derby at Mill Pond Park last weekend. Over 100
special needs children, with their families and their friends,
participated in this year’s event. Mr. Darrigan thanked the many
businesses and organizations that helped sponsor and/or organize
the event. Mr. Darrigan thanked the City for its continued support
of the fishing derby.
Antonio Flores
Mr. Flores spoke regarding Resolution No. 5284. He stated the
immigrant community supports the Auburn community, but
members are suffering and feeling harassed. Mr. Flores spoke in
favor of an inclusive city ordinance rather than Resolution No.
5284.
Claudia Flores
Claudia Flores read a poem by Carlos Nieto regarding
immigration.
Charlena Razo Moultine
Ms. Razo Moultine spoke regarding the needs of the immigrant
community and the homeless. Ms. Razo Moultine spoke in favor of
an inclusive city ordinance.
Rick Hood
Mr. Hood spoke regarding Resolution No. 5284. He stated he is
disappointed with the proposed resolution. He suggested the
Council adopt an ordinance with provisions similar to those
included in a City of Kirkland ordinance. Mr. Hood read excerpts
from the City of Kirkland ordinance.
Dianne Ald
Ms. Ald spoke in favor of sanctuary. She urged the City Council to
adopt a sanctuary city ordinance rather than Resolution No. 5284.
Vidal Rojas
Mr. Rojas stated he immigrated from Mexico looking for a better
way of life. He is a member of the Voice of Auburn. He urged the
City Council to pass an ordinance for safe city status rather than a
resolution.
Demi Troncoso
Ms. Troncoso stated she has been resident since 2008 and is
involved in the Voice of Auburn. She recommended the City
Council adopt a safe city ordinance rather than a resolution.
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Lydia Guerrero
Ms. Guerrero stated she has been a resident of Auburn since 2008.
She recommended the City Council adopt a sanctuary city
ordinance.
Erandy Flores
Ms. Flores, clothed in her grandmother’s traditional clothing, stated
she is 16 years old and her parents have been in the United States
for over 17 years. She spoke about the fear she and her siblings
have regarding the possible deportation of her parents.
Arthur Troncoso
Mr. Troncoso spoke in favor of a safe city ordinance.
Steve Mattioli
Mr. Mattioli stated he is an educator in the Auburn School District.
He spoke about the fears of his students since the 2016
presidential election. He spoke in favor of an ordinance for a safe
and inclusive city rather than Resolution No. 5284.
Alberto Yaque
Mr. Yaque stated he came to the United States as an
undocumented immigrant but has since received his citizenship.
He stated he is currently a registered nurse working in the ICU at
Auburn Multicare Hospital. He spoke regarding the fear that has
increased in the immigrant community, and he spoke in favor of a
safe and inclusive city ordinance.
Bryan Rivera
Mr. Rivera stated he is disappointed with proposed Resolution No.
5284. He urged the City Council to listen to the audience and
adopt a sanctuary city ordinance.
Tina Sanchez
Using an interpreter, Ms. Sanchez stated she is a member of
Washington Can. She stated members of the immigrant
community are fearful and afraid to report crimes and to send their
children to school. She urged the City Council pass a resolution
establishing Auburn as a welcoming city.
Guadalupe Macias Rivera
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Ms. Rivera spoke on behalf of the immigrant community. She
spoke about fear in the immigrant community. She spoke in favor
of a safe city ordinance rather than Resolution No. 5284.
Noel Trujillo-Garcia
Noel stated he is a student at Auburn Riverside High School. He
stated he is proud of the diversity at Auburn Riverside High School.
He spoke in favor of sanctuary city status.
Sarah Dean
Ms. Dean expressed support for a safe city ordinance rather than
Resolution No. 5284. She stated she is in favor of sanctuary city
status.
Mark Goss
Mr. Goss spoke in favor of sanctuary city status and recommended
the City Council adopt an ordinance to ensure a welcoming city.
Virginia Haugen
Ms. Haugen stated she attended a City Council ad hoc committee
meeting earlier this evening where documentation showed that
approximately $564,000 was spent in the last five years on the
remodel of city hall. Ms. Haugen questioned the amount of money
spent by Council for conferences and meetings and the salary of
the salary of the Mayor.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Councilmember Baggett reported on behalf of the Finance ad hoc
committee that reviews claims and payroll vouchers. Councilmember
Baggett reported he and Councilmember Wagner reviewed the payroll
vouchers in the approximate amount of $2.2 million and claims vouchers
in the amount of approximately $1.2 million. The ad hoc committee
recommends approval of the claims and payroll vouchers as described on
the Consent Agenda.
Councilmember DaCorsi, chair of the ad hoc committee on the selection
of the Deputy Mayor, reported the ad hoc committee met earlier this
evening and will present their recommendation at a future Council study
session. The next meeting of the ad hoc committee is scheduled for May
15, 2017.
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Councilmember Trout-Manuel, chair of the ad hoc committee on safe and
inclusive city, expressed support for a resolution for a safe and inclusive
city but not sanctuary city status.
Deputy Mayor Wales reported the ad hoc committee on the $20.00 car
license fee met this evening at 6:00. The next meeting of the ad hoc
committee is scheduled for May 15 at 6:00 p.m. The Committee is
reviewing the needs for the City’s arterial and collector roads.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes of the April 17, 2017 Regular City Council Meeting
B. Claims Vouchers
Claims voucher numbers 443513 through 443670 in the amount of
$558,061.97 and four wire transfers in the amount of $635,638.21
and dated May 1, 2017.
C. Payroll Vouchers
Payroll check numbers 537238 through 537275 in the amount of
$770,221.62 and electronic deposit transmissions in the amount of
$1,460,100.24 for a grand total of $2,230,321.86 for the period
covering April 13, 2017 to April 26, 2017.
Deputy Mayor Wales moved and Councilmember Trout-Manuel
seconded to approve the Consent Agenda.
Councilmember Peloza requested that Item D, Golf Course
Fireplace Smoke/Soot Remediation be removed from the Consent
Agenda. (For Council action on this item, see Unfinished
Business.)
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
A. Golf Course Fireplace Smoke/Soot Remediation
City Council award Small Public Work Contract No. 17-16 to
Northwest Abatement Services, Inc. in the amount of $47,700.00
plus Washington State sales tax of $4,770.00 for a total contract
price of $52,470.00.
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Councilmember Peloza moved and Councilmember Trout-Manuel
seconded to approve the Golf Course Fireplace Smoke/Soot
Remediation.
Parks, Arts and Recreation Director Faber explained the work is for
the main lobby of the golf course clubhouse. The gas fireplace is
causing the darkened color of the main lobby.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. NEW BUSINESS
There was no new business.
X. RESOLUTIONS
A. Resolution No. 5262
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement for services with
Airport Management Group, LLC DBA Aviation Management Group
for the day to day operation and management of the Auburn
Municipal Airport
Deputy Mayor Wales moved and Councilmember Baggett
seconded to adopt Resolution No. 5262.
Councilmember Peloza questioned the Monday through Friday
office hours and hours of operation for the airport. Community
Development and Public Works Director Snyder explained the
Auburn Municipal Airport has operated historically on an 8 to 5,
Monday through Friday basis. The airport does not have tower
operations. To change the contract to provide for a different level
of staffing for seven days a week, would require a new service
approach for the airport. Director Snyder noted there is an on-call
provision for emergencies. Director Snyder recommended looking
at airport operations as activity increases at the airport.
Councilmember Peloza questioned Item “O” of the Scope of
Services relating to credit card processing. Director Snyder
explained Item “O” requires Airport Management Group to work
with the City’s Finance Department to establish procedures if
Airport Management Group accepts credit cards for payment of
fees other than fueling.
MOTION CARRIED UNANIMOUSLY. 7-0
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B. Resolution No. 5284
A Resolution of the City Council of the City of Auburn, Washington,
affirming the value of all Auburn residents
Councilmember Wagner moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5284.
Councilmember Wagner recommended the specifics that were
included in the ordinance reviewed by the ad hoc committee be
included in the resolution.
City Attorney Heid stated the resolution does not have an
enforcement mechanism; however, the police policies are
enforceable.
Councilmember Wagner stated he would like to see specifics in the
resolution.
City Attorney Heid stated the one change to Resolution No. 5284
as a result of the ad hoc committee meeting is the addition of the
third “Whereas” paragraph, which states: “Whereas, under state
law, the functions, powers, and duties of City officers and
employees does not include responsibility for enforcement of
federal immigration law.”
City Attorney Heid stated the reason he would recommend the
resolution, in this case, is because the City already has a standard
operating procedure for police, which is more enforceable.
Deputy Mayor Wales stated she wants a stronger affirmation of the
City’s position. She stated she does not support the term
“sanctuary city” because of federal funding issues. Deputy Mayor
Wales recommended stronger language in an ordinance form.
Deputy Mayor Wales stated her preference would be to refer the
resolution back to the ad hoc committee for further study.
Councilmember DaCorsi recalled that the ad hoc committee
recommended a resolution, and he questioned how passing an
ordinance would stop Immigration and Customs Enforcement (ICE)
from coming in to the community and taking action. Councilmember
DaCorsi spoke about his great-grandfather’s immigration from Italy
to the United States in the year 1898. Councilmember DaCorsi
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agreed the resolution needs further review by the ad hoc
committee.
Councilmember Trout-Manuel recommended referring Resolution
No. 5284 back to the ad hoc committee.
Councilmember Peloza moved and Councilmember Trout-Manuel
seconded to refer Resolution No. 5284 back to the ad hoc
committee for further review.
Councilmember Holman suggested passing Resolution No. 5284
tonight and referring the issue back to the ad hoc committee for an
ordinance.
Councilmember Wagner agreed with Councilmember Holman’s
suggestion but recommended a date certain.
Councilmember Peloza spoke in favor his original motion.
Councilmember Trout-Manuel concurred with Councilmember
Peloza to refer the resolution back to the committee, and schedule
the item for discussion at the May 8 Council study session and for
action by the City Council on May 15th.
MOTION CARRIED. 6-1 Councilmember Holman voted no.
C. Resolution No. 5291
A Resolution of the City Council of the City of Auburn, Washington,
approving amendment to the 2016 Annual Action Plan update of
the Consolidated Plan
Deputy Mayor Wales moved and Councilmember Baggett
seconded to adopt Resolution No. 5291.
Councilmember Peloza recommended staff come back during the
planning stages of the restroom and advise Council on the type of
security system planned at the restroom and the operation time of
the restroom.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 5294
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to accept federal grant funds to be
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Page 10
administered through the Washington State Department of
Transportation for Project No. CP1513, 22nd Street NE and I Street
NE Intersection
Deputy Mayor Wales moved and Councilmember DaCorsi
seconded to adopt Resolution No. 5294.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 5296
A Resolution of the City Council of the City of Auburn, Washington
expressing its desire and support for Dick’s Drive-In Restaurant
Councilmember Wagner moved and Councilmember Holman
seconded to adopt Resolution No. 5296.
Councilmember Wagner spoke in favor of the resolution and for a
restaurant near Les Gove Community Campus, although
Councilmember Wagner also acknowledged the business may not
choose a location near the campus.
Mayor Backus recited the contributions Dick’s Drive-in has made to
their communities, their employees, and through their Change for
Charities program.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Councilmember Peloza reported on his attendance at the King
County Metro Solid Waste Management Advisory Committee
meeting. He stated the Committee discussed options to extend the
life of the Cedar Hills landfill, which is estimated to close in 2028.
Councilmember Peloza spoke in favor of banning mattresses, tires,
and styrofoam from landfills to extend their life.
Councilmember Trout-Manuel reported she attended the executive
meeting of the Regional Law, Justice and Safety Committee
meeting. Councilmember Trout-Manuel advised the September
meeting of the Regional Law, Justice and Safety Committee will be
held in Auburn. Councilmember Trout-Manuel also reported on her
attendance at the Day of the Children celebration held at Colonial
Apartments.
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Deputy Mayor Wales reported on her attendance at the Day of the
Children celebration at Colonial Apartments and the Master
Builders function in Woodinville where information was provided
regarding on-line permitting services.
Councilmember Wagner reported on his attendance at the Pierce
County Regional Council meeting. Councilmember Wagner also
reported on a meeting with the Muckleshoot Indian Tribe regarding
the Auburn Way South Project.
B. From the Mayor
Mayor Backus reported on the 2017 Clean Sweep held on April
22nd at which approximately 800 people were registered to work on
projects including clean up at Cedar Park and a new playground at
Roegner Park. Mayor Backus also reported on Seniors Helping
Seniors clean-up held at River Mobile Estates where students from
Auburn Adventist Academy along with seniors from River Mobile
Estates assisted other senior residents of the mobile home park
with yard care and maintenance and repairs. Mayor Backus also
reported on attendance at the Cities and Schools Forum, the
Empty Bowls fundraiser for Auburn Food Bank, the Lions Club
Fishing Derby, and the YMCA Healthy Kids Day event.
XII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:30 p.m.
APPROVED THE ______ DAY OF MAY, 2017.
NANCY BACKUS, Mayor Danielle Daskam, City Clerk
City Council agendas and minutes are available to the public at the City Clerk’s
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk’s Office.
Internet: http://www.auburnwa.gov
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
May 9, 2017
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
approve claim vouchers.
Background Summary:
Claim voucher numbers 443671 Through 443869 in the amount of $6,582,490.93 and
two wire transfers in the amount of $2911.34 and dated May 15th, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:May 15, 2017 Item Number:CA.B
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
May 9, 2017
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
approve payroll vouchers
Background Summary:
Payroll check numbers 537276 through 537310 in the amount of $574,217.29,
electronic deposit transmissions in the amount of $1,512,084.91 for a grand total of
$2,086,302.20 for the period covering April 27, 2017 to May 10, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:May 15, 2017 Item Number:CA.C
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. MS1510
Date:
May 2, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Small Works Contract No. 17-01, to A&D Quality Construction Co.,
LLC on their low bid of $59,950.00 plus Washington State sales tax of $5,995.00 for a
total contract price of $65,945.00 for Project No. MS1510, 104th Ave SE Building
Demolition.
Background Summary:
The City received 4 responsible bids and the low bid was approximately 9% above the
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that A&D Quality Construction Co., LLC. meets the responsible bidding
criteria and recommends award.
This project will demolish and dispose of a residential building that includes a shed
and detached garage. Additional activities will include the removal and disposal of
hazardous materials from the property, severance of existing utilities serving the
properties, removal and disposal of concrete walkways and driveway, removal of the
surrounding vegetation, and site restoration. The property will be utilized as part of the
future Lea Hill Road Improvements Project(s).
The project costs are within the funds budgeted for it and demolition is expected to
begin in June 2017 and be completed by July 2017.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:May 15, 2017 Item Number:CA.D
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Project No: MS1510 Project Title:
Project Manager: Kim Truong
Project Initiation
Initiation Date: Nov. 21, 2016 Permision to Advertise
Advertisement Date: April 4, 2017 Contract Award
Award Date: May 15, 2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 2017
Future Years Total
102 Fund 5,550 95,900 101,450
Total 5,550 95,900 101,450
Activity Prior Years 2016 (Actual) 2017
Future Years Total
Design Engineering - City Costs 4,600 4,318 8,918
Design Engineering - Consultant Costs 950 4,000 4,950
Construction Contract Bid 65,945 65,945
Authorized Construction Contingency 10,087 10,087
Other - (Permitting)300 300
Construction Engineering - City Costs 7,000 7,000
Construction Engineering - Consultant Costs 4,250 4,250
Total 0 5,550 95,900 0 101,450
Prior Years 2015 2008
Future Years Total
*102 Funds Budgeted ( )0 (5,550) (95,900) 0 (101,450)
102 Funds Needed 0 5,550 95,900 0 101,450
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
102 Arterial Street Budget Status
Funds Budgeted (Funds Available)
BUDGET STATUS SHEET
104th Avenue SE Building Demolition
Date: April 21, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Estimated Cost (Funds Needed)
H:\PROJ\MS1510 - 104th Ave SE Building Demo\3.00 Project Management\3.20 Budget\MS1510
BudgetStatusSheet.xls 1 of 1CA.D Page 21 of 76
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1107
Date:
May 8, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 17-09 to Award Construction, Inc. on their low bid of
$690,600.00 plus Washington State sales tax of $69,060.00 for a total contract price
of $759,660.00 for Project No. CP1107 Fulmer Well Field Improvement Project.
Background Summary:
The City received 4 responsive bids and the low bid was approximately 7.5% below
the engineer’s estimate. Staff has performed reference checks and other verifications
to determine that Award Construction, Inc. meets the responsible bidding criteria and
recommends award.
The purpose of this project is to re-equip Well 2 and Well 6 to produce much needed
drinking water for City peak demands. The major improvements to the Fulmer Facility
include:
• Installing new variable speed pumps at each well.
• Installing column pipe and associated pump controls including variable
frequency drives for well pumps.
• Installing flow meters.
• Installing Cathodic Protection.
• Installing SCADA (Supervisory Control and Data Acquisition) telemetry for Wells
2 and 6, and integrating with the City’s existing SCADA system.
• Upgrades to the existing disinfection system.
The Fulmer Well Field Improvement project is expected to begin in June 2017 and be
completed by September 2017.
A project budget contingency of $765.00 remains in the 460 Water Fund.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 24 of 76
Councilmember: Staff:Snyder
Meeting Date:May 15, 2017 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 25 of 76
Project No: CP1107 Project Title:
Project Manager: Luis Barba
Project Update
Initiation Date: 1/16/2016 Permision to Advertise
Advertisement Date: 4/18/2017 Contract Award
Award Date: 5/15/2017 Change Order Approval
Contract Final Acceptance
Funding
Prior Years
(Actuals)2015 (Actuals) 2016 (Actuals)
2017 Total
460 Fund - Water Bonds 737,051 166,646 146,091 1,049,788
460 Fund - Water 99,051 0 83,750 1,427,726 1,610,527
Total 836,102 166,646 229,841 1,427,726 2,660,315
Activity
Prior Years
(Actuals)2015 (Actuals) 2016 (Actuals)
2017 Total
Phase 1: Site Study
Design Engineering - City Costs 4,773 786 5,559
Design Engineering - Consultant Costs 821,493 51,991 69,860 943,344
Construction 9,836 71,033 80,870
Equipment Procurement 42,836 125,177 168,013
Subtotal 836,102 166,646 195,037 0 1,197,785
Phase 2: On-Site Improvements
Design Engineering - City Costs 13,889 10,000 23,889
Design Engineering - Consultant Costs 390,647 390,647
Equipment Procurement 20,824 20,824
Construction Contract Bid 759,660 759,660
Construction Contract Contingency 75,000 75,000
Other - DOH project review 5,000 5,000
Construction Engineering - City Costs 90 20,000 20,090
Construction Engineering - Consultant Costs 166,654 166,654
Subtotal 34,803 1,426,961 1,461,764
Total 836,102 166,646 229,841 1,426,961 2,659,550
Prior Years
(Actuals)2015 (Actuals) 2016 (Actuals)
2017 Total
*460 Funds Budgeted ( )(836,102) (166,646) (229,841) (1,427,726) (2,660,315)
460 Funds Needed 836,102 166,646 229,841 1,426,961 2,659,550
*460 Fund Project Contingency ( )(0) (0) (0) (765) (765)
460 Funds Required (0) (0) 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
BUDGET STATUS SHEET
Fulmer Well Field Improvements
Date: May 8, 2017
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1107-Fulmer Wellfield Improvements\Budget\CP1107 BudgetStatusSheet .xls 1 of 1
CA.E Page 26 of 76
BID TABULATIONBID TOTALS SUMMARYProject Name: CP1107, Fulmer Well Field Improvement, Contract 17-09Prepared by: City of AuburnBid Date: ENGINEER'S ESTIMATE:747,273.00$ AVERAGE BASIC BID AMOUNT: 799,217.50$ BASIC BID SPREAD AMOUNT: 232,882.00$ Basic BID Amount Spread $ Spread %LOW BIDDER: Award Construction, Inc. 690,600.00$ -$56,673.00 -7.58%Second Bidder: McClure and Sons, Inc. 778,288.00$ $31,015.00 4.15%Basic BID (Tax not Included) Total BID (Tax Included)Award Construction, Inc.690,600.00$ 759,660.00$ McClure and Sons, Inc.778,288.00$ 856,116.80$ Pacific Crest Construction, Inc.804,500.00$ 884,950.00$ Prospect Construction, Inc.923,482.00$ 1,015,830.20$ Western Engineering Constructors, Inc.Non-ResponsiveNOTE: An evaluation of whether a bidder is responsible or non-responsible was only made for the low bidder. This does not indicate, one way or the other, how other bidders would be considered if they were the low bidder.5/2/175/3/2017 (2:29 PM)h:\proj\bidtabs\CP1107 BT.xls1CA.EPage 27 of 76
CA.E Page 28 of 76
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1511
Date:
May 8, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 17-12, to Active Construction, Inc. on their low bid of
$1,479,675.54 plus Washington State sales tax of $103,722.35 for a total price of
$1,583,397.89 for Project No. CP1511, M Street SE Improvements (3rd Street SE to
East Main St) project.
Background Summary:
The City received six (6) responsive bids and the low bid was approximately 7%
above the engineer’s estimate. Staff has performed reference checks and other
verifications to determine that Active Construction, Inc. meets the responsible bidding
criteria and recommends award.
This project will construct improvements to M Street SE from 3rd Street SE to East
Main Street. Specifically, this project will replace the existing stormwater drainage
system and alleviate flooding issues, replace sanitary sewer and water services which
are beyond their useful life, replace sidewalks, curbs and gutters, and rebuild the
roadway pavement.
Additionally, M Street SE from 3rd Street SE to East Main Street is expected to be
closed to through traffic from June 26th to September 1st in order to complete the
improvements.
Construction is anticipated to begin in June 2017 and is expected to last 2 months.
Budget considerations:
A project budget increase of $55,000.00 from the 105 Arterial Street Preservation
Fund is required and these funds are available from the Auburn Way North Phase 2
Preservation Project that has been re-scheduled due to a regional delay in the
availability of grant funding.
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 29 of 76
A project budget contingency of $135,000.00 remains in the 460 Water Fund.
A project budget contingency of $15,000.00 remains in the 461 Sewer Fund.
A project budget contingency of $10,000.00 remains in the 462 Storm Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:May 15, 2017 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 30 of 76
Project Manager: M. Larson
Project Update
Advertisement
Advertisement Date: April 20, 2017 Contract Award
Award Date: May 15, 2017 Change Order Approval
Contract Final Acceptance
Funding 2015 2016 2017 Total
462 Storm Fund 38,312 7,899 618,441 664,652
460 Water Fund 3,046 8,819 469,135 481,000
461 Sewer Fund 3,283 13,136 399,764 416,183
102/105 Traffic Fund 1,877 18,250 456,750 476,877
Total 46,518 48,104 1,944,090 2,038,712
Activity 2015 (Actual)2016 (Actual)2017 Total
Design Engineering - City Costs Total 46,518 48,104 45,691 140,313
Total Construction Contract Bid 1,583,398 1,583,398
Authorized Construction Contingency (5%)100,000 100,000
Construction Engineering - City Costs Total 110,000 110,000
Total 46,518 48,104 1,839,089 1,933,711
2015 (Actual)2016 (Actual)2017 Total
*462 Funds Budgeted ( )(38,312)(7,899)(618,441)(664,652)
462 Funds Needed 38,312 7,899 608,441 654,652
*462 Fund Project Contingency ( )0 0 (10,000)(10,000)
462 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
2015 (Actual)2016 (Actual)2017 Total
*460 Funds Budgeted ( )(3,046)(8,819)(469,135)(481,000)
460 Funds Needed 3,046 8,819 334,135 346,000
*460 Fund Project Contingency ( )0 0 (135,000)(135,000)
460 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
2015 (Actual)2016 (Actual)2017 Total
*461 Funds Budgeted ( )(3,283)(13,136)(399,764)(416,183)
461 Funds Needed 3,283 13,136 384,764 401,183
*461 Fund Project Contingency ( )0 0 (15,000)(15,000)
461 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
2015 (Actual)2016 (Actual)2017 Total
*102/105 Funds Budgeted ( )(1,877)(18,250)(456,750)(476,877)
102/105 Funds Needed 1,877 18,250 511,750 531,877
*102/105 Fund Project Contingency ( )0 0 0 0
102/105 Funds Required 0 0 55,000 55,000
* ( # ) in the Budget Status Sections indicates Money the City has available.
461 Sewer Budget Status
102/105 Traffic Budget Status
Estimated Cost (Funds Needed)
462 Storm Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
Project: CP1511 - M Street SE Improvements (3rd St SE to East Main St)
Date: May 8, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
H:\PROJ\CP1511-M Street SE Storm 3rd St to E Main\3.00 Project Management\3.20 Budget\CP1511_BudgetStatusSheet.xls1 of 1CA.F Page 31 of 76
CA.F Page 32 of 76
0.5
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Miles0.50.30
CP1511 - M Street SE Improvements 5/6/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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.
CA.F Page 33 of 76
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1523
Date:
May 8, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 17-05 to CPM Development Corporation DBA ICON
Materials on their low bid of $827,290.25 for Project No. CP1523, Lake Tapps
Parkway Preservation Project.
Background Summary:
The City received 3 responsive bids and the low bid was approximately 3.5% above
the engineer’s estimate. Staff has performed reference checks and other verifications
to determine that CPM Development Corporation DBA ICON Materials meets the
responsible bidding criteria and recommends award.
The purpose of this project is to rehabilitate and preserve the existing pavement on
Lake Tapps Parkway between the Western City Limit near 8th Street E and Lakeland
Hills Way. The project proposes to grind and overlay 7.11 lane miles of pavement,
upgrade eight curb ramps to meet current ADA standards, and upgrade vehicle
detection loops.
Construction is expected to begin in June 2017 and be completed by September
2017.
A project budget increase of $33,741.00 from the 105 Arterial Street Preservation
Fund is required and these funds are available from the Auburn Way North Phase 2
Preservation Project that has been re-scheduled due to a regional delay in the
availability of grant funding.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 34 of 76
Meeting Date:May 15, 2017 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 35 of 76
Project No: CP1523 Project Title:
Project Manager: Luis Barba
Project Update
Initiation Date: 01/20/2016 Permision to Advertise
Advertisement Date: 04/11/2017 Contract Award
Award Date: 05/15/2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 2017
Future Years Total
105 Fund - Unrestricted 11,662 191,188 202,850
105 Fund - Federal Grant 56,692 693,308 750,000
461 Fund - Sewer 0 5,000 5,000
462 Fund - Storm 0 5,000 5,000
Total 0 68,354 894,496 0 962,850
Activity Prior Years 2016 (Actual) 2017
Future Years Total
Design Engineering - City Costs 68,354 24,000 92,354
Construction Contract Bid 827,290 827,290
Construction Contract Contingency 39,947 39,947
Construction Engineering- State Cost 2,000 2,000
Construction Engineering - City Costs 25,000 25,000
Construction Engineering - Testing Costs 10,000 10,000
Total 0 68,354 928,237 0 996,591
Prior Years 2016 (Actual) 2017
Future Years Total
*105 Funds Budgeted ( )0 (68,354) (884,496) 0 (952,850)
105 Funds Needed 0 68,354 918,237 0 986,591
*105 Fund Project Contingency ( )0 0 0 0 0
105 Funds Required 0 0 33,741 0 33,741
Prior Years 2016 2017
Future Years Total
*461 / 462 Funds Budgeted ( )0 0 (10,000) 0 (10,000)
461 / 462 Funds Needed 0 0 10,000 0 10,000
*461 / 462 Fund Project Contingency ( )0 0 0 0 0
461 / 462 Funds Required 0 0 0 0 0
105 Arterial Street Budget Status
461 / 462 Sewer and Storm Budget Status
BUDGET STATUS SHEET
Lake Tapps Parkway Preservation Project
Date:May 08, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1523- Lake Tapps Parkway Preservation Project\3.00 Project Management\3.20 Budget\CP1523
LakeTapps Preservation BudgetStatusSheet_FINAL.xls 1 of 1CA.G Page 36 of 76
BID TABULATIONBID TOTALS SUMMARYProject Name: CP1523, Lake Tapps Parkway Preservation, Contract 17-05Prepared by: City of AuburnBid Date: ENGINEER'S ESTIMATE:798,933.25$ AVERAGE BASIC BID AMOUNT:901,261.35$ BASIC BID SPREAD AMOUNT: 145,315.25$ Basic BID Amount Spread $ Spread %LOW BIDDER:ICON Materials827,290.25$ $28,357.003.55%Second Bidder: Tucci & Sons903,888.29$ $104,955.04 13.14%TOTAL BID (Tax Not Applicable)ICON Materials827,290.25$ Tucci & Sons903,888.29$ Miles Resources972,605.50$ NOTE: An evaluation of whether a bidder is responsible or non-responsible was only made for the low bidder. This does not indicate, one way or the other, how other bidders would be considered if they were the low bidder.5/4/175/5/2017 (8:56 AM)h:\proj\bidtabs\CP1523 BT.xls1CA.GPage 37 of 76
Lake Tapps Parkway Preservation Vicinity MapPrinted 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 eGIS4/30/2014CA.GPage 38 of 76
AGENDA BILL APPROVAL FORM
Agenda Subject:
Safer Cities/Inclusive Cities
Date:
May 9, 2017
Department:
Administration
Attachments:
Ord 6651
Res 5284
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:Heid/Hinman
Meeting Date:May 15, 2017 Item Number:UB.A
AUBURN * MORE THAN YOU IMAGINEDUB.A Page 39 of 76
------------------------------
Ordinance No. 6651
May 9, 2017
Page 1 of 5
ORDINANCE NO. 6 6 5 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ADDING A NEW
SECTION 1.02.030 OF THE AUBURN CITY CODE
RELATING TO THE POWERS AND DUTIES OF
CITY OFFICERS AND EMPLOYEES, INCLUDING
THE AFFIRMATION OF THE VALUE OF ALL
AUBURN RESIDENTS
WHEREAS, the City of Auburn (the “City”) wishes to foster trust and
cooperation between City personnel, law enforcement officials, and all members
of the diverse community that makes up the City of Auburn; and
WHEREAS, the City is authorized by Section 35A.11.030 of the Revised
Code of Washington (RCW) to define the functions, powers, and duties of its
officers and employees and to adopt and enforce ordinances appropriate to the
good government of the city; and
WHEREAS, state law does not include among the functions, powers, and
duties of City officers and employees responsibility for enforcement of federal
immigration law; and
WHEREAS, the enforcement of civil immigration laws has historically been
a federal government responsibility through the Immigration and Naturalization
Service. Since 2002, matters of immigration law have been handled by the Office
of Immigration and Customs Enforcement, a branch of the Department of
Homeland Security. Requiring local law enforcement agencies, which are not
specifically equipped or trained, to enforce civil immigration laws would force
local governments to expend their limited resources to perform traditional federal
functions; and
UB.A Page 40 of 76
------------------------------
Ordinance No. 6651
May 9, 2017
Page 2 of 5
WHEREAS, local law enforcement agencies do interact and cooperate
with the Department of Homeland Security in that their interactions related to
immigration enforcement in fact arise through their routine local law enforcement
duties; and
WHEREAS, the City Council wishes to identify as a goal the fostering of
trust and cooperation between City personnel and law enforcement officials and
the diverse and pluralistic society that makes up the City of Auburn, to improve
crime prevention and public safety; and
WHEREAS, the City Council also wishes to set as a goal the promotion of
the public health and welfare of all city of Auburn residents and other users of
City services, including but not limited to police and human services; and
WHEREAS, the City Council further intends that the provisions of this
ordinance be consistent with federal laws regarding communications between
local jurisdictions and federal immigration authorities, including but not limited to
United States Code Title 8, Section 1373; and
WHEREAS, the good government of the City includes recognizing that all
people are vital to our shared prosperity and that all people must be respected
and valued; and
WHEREAS, it is in the best interest of the City and of the residents of the
City to be a diverse and inclusive city; and
WHEREAS, it is also in the best interests of the City and of the residents
of the City, and the need to keep them safe, that its police officers be fully
empowered to take appropriate law enforcement actions, including those
UB.A Page 41 of 76
------------------------------
Ordinance No. 6651
May 9, 2017
Page 3 of 5
authorized by chapter 10.93 RCW, the Washington Mutual Aid Peace Officers
Powers Act, including but not limited to responding to emergencies involving
immediate threat to human life or property, and assisting other law enforcement
agencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Recitals Adopted. That the City Council hereby adopts the
recitals contained in this Ordinance as Findings of Facts and Conclusions, as
appropriate given the context of each recital and incorporates said recitals herein
by this reference.
Section 2. New Section of City Code. A new Section 1.02.030 of the
City Code is created to read as follows:
1.02.030 Restriction on immigration, race, religion and language
inquiries.
Consistent with the city’s intention of being a diverse and inclusive
city, except as provided in this section or when otherwise required by a
law, a city office, department, employee, agency or agent shall not
condition the provision of city services on the citizenship or immigration
status of any individual.
A. Nothing in the Auburn city code shall be construed to restrict
or prohibit any city officer or employee from participating in cross-
designation or task force activities with federal law enforcement
authorities.
B. City personnel shall not request specific documents relating
to a person’s civil immigration status for the sole purpose of determining
whether the individual has violated federal civil immigration laws. The
documents include but are not limited to; passports, alien registration
cards; or work permits.
C. City personnel may use documents relating to a person’s
civil immigration status if the documents are offered by the person upon a
general, nonspecific request.
D. Except when required by law,city personnel shall not initiate
any inquiry or enforcement action based solely on a person’s:
UB.A Page 42 of 76
------------------------------
Ordinance No. 6651
May 9, 2017
Page 4 of 5
1. Civil immigration status;
2. Race;
3. Religion;
4. Inability to speak English; or
5. Inability to understand city personnel or its officers.
E. Except when otherwise required by law, where the city
accepts presentation of a state-issued driver’s license or identification card
as adequate evidence of identity, presentation of a photo identity
document issued by the person’s nation of origin, such as a driver’s
license, passport or consulate-issued document, shall be accepted and
shall not subject the person to a higher level of scrutiny or different
treatment than if the person had provided a Washington state driver’s
license or identification card. However, a request for translation of such a
document to English shall not be deemed a violation of any provision of
City code. This provision does not apply to documentation required to
complete a federal I-9 employment eligibility verification form.
F. This section does not create or form the basis for liability on
the part of the city, its officers, employees, or agents.
G. Unless otherwise permitted by city code, or required by state
or federal law, or international treaty, all applications, questionnaires and
interview forms used in relation to the provision of city benefits,
opportunities or services shall be promptly reviewed by each agency, and
any question requiring disclosure of information related to citizenship or
immigration status shall be, in the agency’s best judgment, either deleted
in its entirety or revised such that the disclosure is no longer required.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation, including administrative procedures to address
complaints where an employee may have taken action inconsistent with Section
1.02.030 of the City Code.
Section 4. 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
UB.A Page 43 of 76
------------------------------
Ordinance No. 6651
May 9, 2017
Page 5 of 5
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in
force five days after its passage, approval and publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: ________________
UB.A Page 44 of 76
----------------------------------
Resolution No. 5284
May 9, 2017
Page 1 of 5
RESOLUTION NO. 5 2 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AFFIRMING OF THE VALUE OF
ALL AUBURN RESIDENTS
WHEREAS, the City of Auburn is committed to inclusiveness and diversity as
fundamental aspects of our community; and
WHEREAS, the City is authorized by Section 35A.11.030 of the Revised Code of
Washington (RCW) to define the functions, powers, and duties of its officers and
employees and to adopt and enforce ordinances appropriate to the good government of
the City; and
WHEREAS, under state law, the functions, powers, and duties of City officers
and employees does not include responsibility for enforcement of federal immigration
law; and
WHEREAS, the enforcement of civil immigration laws has historically been a
federal government responsibility through the Immigration and Naturalization Service.
Since 2002, matters of immigration law have been handled by the Office of Immigration
and Customs Enforcement, a branch of the Department of Homeland Security.
Requiring local law enforcement agencies, which are not specifically equipped or
trained, to enforce civil immigration laws would force local governments to expend their
limited resources to perform traditional federal functions; and
WHEREAS, local law enforcement agencies do interact and cooperate with the
Department of Homeland Security in that their interactions related to immigration
enforcement in fact arise through their routine local law enforcement duties; and
UB.A Page 45 of 76
----------------------------------
Resolution No. 5284
May 9, 2017
Page 2 of 5
WHEREAS, the City Council wishes to identify as a goal the fostering of trust and
cooperation between City personnel and law enforcement officials and the diverse and
pluralistic society that makes up the City of Auburn, to improve crime prevention and
public safety; and
WHEREAS, the City Council also wishes to set as a goal the promotion of the
public health and welfare of all city of Auburn residents and other users of City services,
including but not limited to police and human services; and
WHEREAS, the City Council further intends that the provisions of this ordinance
be consistent with federal laws regarding communications between local jurisdictions
and federal immigration authorities, including but not limited to United States Code Title
8, Section 1373; and
WHEREAS, the good government of the City includes recognizing that all people
are vital to our shared prosperity and that all people must be respected and valued; and
WHEREAS, the good government of the City includes recognizing that all people
are vital to our shared prosperity and that all people must be respected and valued; and
WHEREAS, local elected officials can and should lead the way forward in making
inclusiveness and diversity priorities; and
WHEREAS, the Fourteenth Amendment to the U.S. Constitution guarantees the
equal protection of the laws to all persons, not just citizens and residents, stating that
“[n]o state shall . . . deprive any person of life, liberty, or property, without due process
of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
[U.S. Const. amend. XIV, § 1]; and
UB.A Page 46 of 76
----------------------------------
Resolution No. 5284
May 9, 2017
Page 3 of 5
WHEREAS, the courts of this state as well as the United States have repeatedly
stated that “the equal protection clause applies to resident aliens as well as citizens.”
Herriott v. City of Seattle, 81 Wn.2d 48, 500 P.2d 101 (1972), citing Takahashi v. Fish &
Game Comm'n, 334 U.S. 410, 420, 68 S.Ct. 1138, 92 L.Ed. 1478 (1948); and the City
Council finds that is in in the best interest of the City to be an inclusive and diverse
community for all people; and
WHEREAS, it is also in the best interests of the City and of the residents of the
City, and the need to keep them safe, that its police officers be fully empowered to take
appropriate law enforcement actions, including those authorized by chapter 10.93 RCW,
the Washington Mutual Aid Peace Officers Powers Act, including but not limited to
responding to emergencies involving immediate threat to human life or property, and
assisting other law enforcement agencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the City Council hereby adopts the recitals contained in this
Resolution as its Findings of Facts and Conclusions.
Section 2. That the City Council of the City of Auburn reaffirms its commitment to
making inclusiveness and diversity fundamental aspects of our community, pledges
active efforts to seek to achieve that goal, and urges all residents of the City of Auburn
to join together to support this effort.
Section 3. That is the policy of the City Council that City personnel shall not,
except where required by law, initiate any inquiry or enforcement action based solely on
a person’s:
UB.A Page 47 of 76
----------------------------------
Resolution No. 5284
May 9, 2017
Page 4 of 5
1. Civil immigration status;
2. Race;
3. Religion;
4. Inability to speak English; or
5. Inability to understand city personnel or its officers.
Section 4. That is the policy of the City Council that City personnel shall not
request specific documents relating to a person’s civil immigration status for the sole
purpose of determining whether the individual has violated federal civil immigration
laws.
Section 5. That is the policy of the City Council that, except when otherwise
required by law, where the city accepts presentation of a state-issued driver’s license or
identification card as adequate evidence of identity, presentation of a photo identity
document issued by the person’s nation of origin, such as a driver’s license, passport or
consulate-issued document, shall be accepted and shall not subject the person to a
higher level of scrutiny or different treatment than if the person had provided a
Washington state driver’s license or identification card. However, a request for
translation of such a document to English shall not be deemed a violation of any
provision of City code. This provision does not apply to documentation required to
complete a federal I-9 employment eligibility verification form.
Section 6. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the policy directives of this legislation,
including development and implementation of personnel policies consistent herewith.
Section 7. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2017.
UB.A Page 48 of 76
----------------------------------
Resolution No. 5284
May 9, 2017
Page 5 of 5
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
UB.A Page 49 of 76
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6643
Date:
April 26, 2017
Department:
CD & PW
Attachments:
Ordinance No. 6643
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6643 for MCImetro Access
Transmission Services Corp. d/b/a Verizon Access Transmission Services Franchise
Agreement No. 17-09
Background Summary:
Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any
commercial utility or telecommunications operator or carrier or other person who
desires to occupy public ways of the City and to provide telecommunications or
commercial utility services to any person or area of the City.
MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission
Services (MCI/Verizon) has applied for a Franchise Agreement to be able to construct
within the City’s rights of way a fiber optic telecommunications network. These
facilities would be part of a larger network of infrastructure that MCI/Verizon is building
throughout Washington. MCI/Verizon desires to provide telecommunications,
telephone service, internet access and private line services to potential customers
including mobile fronthaul and backhaul services and leasing of facilities to affiliates
and third parties.
The initial proposed build-out includes overhead installations on existing utility poles
wherever possible with underground installation being utilized if necessary. The
applicant is requesting the entire City as the proposed franchise area so that future
expansion of their facilities may be accommodated without having to amend the
agreement for each installation. Exact locations, plans, engineering and construction
schedules would be reviewed, approved and managed through the City’s permitting
processes that are a requirement of the Franchise Agreement.
A staff presentation was given at the April 24th, 2017, Study Session discussing Draft
Ordinance No. 6643. A Public Hearing to consider this application and hear public
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 50 of 76
comment was held before the City Council on May 1, 2017, in accordance with
Auburn City Code Chapter 20.06.030.
Ordinance No. 6643, if adopted by City Council, approves Franchise Agreement No.
17-09 subject to terms and conditions outlined in the Ordinance.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:May 15, 2017 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 51 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 1 of 20
ORDINANCE NO. 6 6 4 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
MCIMETRO ACCESS TRANSMISSION SERVICES
CORP., D/B/A VERIZON ACCESS TRANSMISSION
SERVICES, A DELAWARE CORPORATION, A
FRANCHISE FOR TELECOMMUNICATIONS
SERVICES
WHEREAS, MCImetro Access Transmission Services Corp. d/b/a Verizon
Access Transmission Services (“Grantee”) has applied to the City of Auburn
(“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of
certain public right(s)-of-way within the City, expressly to install, construct, erect,
operate, maintain, repair, relocate and remove its facilities in, on, over, under,
along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording opportunity
for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest of
the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A”, attached hereto and
incorporated by reference within the City of Auburn (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit “B”,
attached hereto and incorporated by reference, and all necessary appurtenances
ORD.A Page 52 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 2 of 20
thereto, (“Grantee Facilities”) for provision of those services set forth in Exhibit “C”
(“Grantee Services”) in, along, under and across the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes with
Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
ORD.A Page 53 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 3 of 20
City: Engineering Aide,
Community Development and
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: MCImetro Access Transmission Services Corp. d/b/a Verizon
Access Transmission Services
Attn: Franchise Manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038NAME
with copies (except for invoices) to:
Verizon Business Network Services
1320 North Courthouse Road, Suite 900
Arlington, VA USA 22201
Attn: Vice President and Deputy General Counsel, Network
Operations
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, Community Development and Public Works
Department – Transportation Division, with copies to the City Clerk, referencing
the title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Grantee at the following number for emergency or other needs outside of
normal business hours of the Grantees: Network Operations Center 1-800-624-
9675.
ORD.A Page 54 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 4 of 20
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-
current term). Any materials submitted by the Grantee for a previous application
may be considered by the City in reviewing a current application, and the Grantee
shall only submit those materials deemed necessary by the City to address
changes in the Grantee Facilities or Grantee Services, or to reflect specific
reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance or Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other revisions
ORD.A Page 55 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 5 of 20
Grantee would accomplish and charge to third parties without regard to municipal
request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-
of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not become
effective for any purpose unless and until Grantee files with the City Clerk (1) the
Statement of Acceptance, attached hereto as Exhibit “D,” and incorporated by
reference, (2) all verifications of insurance coverage specified under Section 15,
and (3) the financial guarantees specified in Section 16 and (4) payment of any
outstanding application fees per the City fee Schedule. These four items shall
collectively be the “Franchise Acceptance”. The date that such Franchise
Acceptance is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee shall comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work, which shall be done in a
thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right-of-way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Grantee.
ORD.A Page 56 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 6 of 20
D. Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in physical
contact with the Grantee Facilities. Grantee shall be responsible for debris
removal from such activities. If such debris is not removed within twenty-four (24)
hours of completion of the trimming, the City may, at its sole discretion, remove
such debris and charge Grantee for the cost thereof. This section does not, in any
instance, grant automatic authority to clear vegetation for purposes of providing a
clear path for radio signals. Any such general vegetation clearing will require a
land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair and
emergency response work as required under the circumstances, provided that the
Grantee shall notify the City telephonically during normal business hours (at 253-
931-3010 and during non-business hours at 253-876-1985) as promptly as
possible, before such repair or emergency work commences, and in writing as
soon thereafter as possible. Such notification shall include the Grantee’s
emergency contact phone number for the corresponding response activity. The
City may commence emergency response work, at any time, without prior written
notice to the Grantee, but shall notify the Grantee in writing as promptly as possible
under the circumstances.
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-party,
Grantee will restore, at its own cost and expense, said property to a safe condition.
Such repair work shall be performed and completed to the satisfaction of the City
Engineer.
ORD.A Page 57 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 7 of 20
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another utility’s submittal of
a permit for new or additional structures, equipment, appurtenances or tangible
property, then the Grantee Facilities shall have priority. These rules governing
preference shall continue in the event of the necessity of relocating or changing
the grade of any City road or right-of-way. A relocating utility shall not necessitate
the relocation of another utility that otherwise would not require relocation. This
Section shall not apply to any City facilities or utilities that may in the future require
the relocation of Grantee Facilities. Such relocations shall be governed by Section
11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Grantee and other utility
purveyors or authorized users of the Public Way, will develop guidelines and
procedures for determining specific utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. Said information
shall include, at a minimum, as-built drawings of Grantee Facilities, installation
inventory, and maps and plans showing the location of existing or planned facilities
within the City. Said information may be requested either in hard copy or electronic
format, compatible with the City’s data base system, as now or hereinafter existing,
including the City’s geographic information Service (GIS) data base. Grantee shall
keep the City informed of its long-range plans for coordination with the City’s long-
range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Accordingly,
the City agrees to notify the Grantee of requests for public records related to the
ORD.A Page 58 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 8 of 20
Grantee, and to give the Grantee a reasonable amount of time to obtain an
injunction to prohibit the City’s release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys’ fees) imposed on the City
because of non-disclosures requested by Grantee under Washington’s open
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities as ordered by the City Engineer at no expense or
liability to the City, except as may be required by RCW Chapter 35.99. Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other losses
in connection with any such change, relocation, abandonment, or vacation of the
Public Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall,
at the City’s discretion, either abandon in place or remove the affected facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City, except
ORD.A Page 59 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 9 of 20
as may be required by RCW Chapter 35.99.Where other utilities are present and
involved in the undergrounding project, Grantee shall only be required to pay its
fair share of common costs borne by all utilities, in addition to the costs specifically
attributable to the undergrounding of Grantee Facilities. Common costs shall
include necessary costs for common trenching and utility vaults. Fair share shall
be determined in comparison to the total number and size of all other utility facilities
being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole or contributory negligence of the
City. Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence of the
City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City’s failure
or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee shall indemnify the City against any and all third-party costs, claims,
ORD.A Page 60 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 10 of 20
injuries, damages, losses, suits, or liabilities based on the City’s failure or inability
to provide such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its agents, representatives, or employees in the amounts and
types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or a substitute form providing equivalent
coverage and shall cover liability arising from premises-operations, independent
contractors, products-completed operations, stop gap liability, and personal injury
and advertising injury and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent
form. There shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse, or underground
property damage. The City shall be named as an additional insured under the
Grantee’s Commercial General Liability insurance policy with respect to the work
ORD.A Page 61 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 11 of 20
performed under this Franchise using ISO Additional Insured Endorsement CG 20
10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professionals employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability, and Commercial
General Liability insurance:
1. The Grantee’s insurance coverage shall be primary insurance
as respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Grantee’s insurance and shall not
contribute with it.
2. The Grantee’s insurance shall be endorsed to state that
coverage shall not be cancelled by the insurers except after thirty (30) days’ prior
written notice has been given to Grantee. Upon receipt of such notice, Grantee
shall immediately notify by certified mail, return receipt requested, the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A-:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
Grantee before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
ORD.A Page 62 of 76
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Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 12 of 20
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial guarantee any damages suffered by City as a
result thereof, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grantee specifically agrees that
its failure to comply with the terms of Section 19 shall constitute damage to the
City in the monetary amount set forth therein. Such a financial guarantee shall not
be construed to limit the Grantee’s liability to the guarantee amount, or otherwise
limit the City’s recourse to any remedy to which the City is otherwise entitled at law
or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which consent shall not
be unreasonably withheld, conditioned, or delayed.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any other
ORD.A Page 63 of 76
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March 7, 2017
Franchise Agreement No. 17-09
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costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise shall
be governed by and construed in accordance with the laws of the State of
Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be exclusively in King County, Washington. The prevailing party
in any such action shall be entitled to its attorneys’ fees and costs of suit, which
shall be fixed by the judge hearing the case, and such fees shall be included in the
judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to cure
ORD.A Page 64 of 76
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March 7, 2017
Franchise Agreement No. 17-09
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the breach within the specified period, commencement of work within the original
thirty day cure period, and diligent prosecution of the work to completion. If the
breach is not cured within the specified time, or the Grantee does not comply with
the specified conditions, the City may, at its discretion, either (1) revoke the
Franchise with no further notification, or (2) claim damages of Two Hundred Fifty
Dollars ($250.00) per day against the financial guarantee set forth in Section 16
for every day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the City
reserves the right to cancel this Franchise and require the Grantee to apply for,
obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. Furthermore,
notwithstanding any other terms of this agreement appearing to the contrary, the
Grantee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general
public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City Ordinance enacted pursuant to such federal or state statute
or regulation upon providing Grantee with thirty (30) days written notice of its action
setting forth the full text of the amendment and identifying the statute, regulation,
or ordinance requiring the amendment. Said amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, the Grantee makes a written call for negotiations over the
terms of the amendment. If the parties do not reach agreement as to the terms of
the amendment within thirty (30) days of the call for negotiations, the City may
enact the proposed amendment, by incorporating the Grantee’s concerns to the
maximum extent the City deems possible.
ORD.A Page 65 of 76
------------------------------
Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 15 of 20
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax, or
charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and occupancy
of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles & Interpretation
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise. Interpretation or construction
of this Agreement shall not be affected by any determination as to who is the
drafter of this Agreement, this Agreement having been drafted by mutual
agreement of the parties.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
ORD.A Page 66 of 76
------------------------------
Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 16 of 20
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
ORD.A Page 67 of 76
18
18
516
164
167
167
WEST VALLEY HWY SWS 277TH ST 132ND AVE SEJ O VITA BLVD E
SE 274TH ST
SE 272ND ST
MI
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EAST VALLEY HWY SESE KENT-K
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D68TH AVE S124TH AVE SE116TH AVE SE142ND AVE E24TH ST E
S 272ND ST CENTRAL AVE S108TH AVE SEWEST VALLEY HWY NW8TH ST EPEASLEY CANYON RD SA ST SEWEST VALLEY HWY SW124TH AVE SE24TH ST E
S 27 7T H S T
SE 272ND ST
9TH ST E51ST AVE S12TH ST E182ND AVE EAUBURN-BLACK DIAM O N D RD S E
S 288TH ST
214TH AVE EFORES T CANYON RD E
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ESUMNER-TAPPS HWY E321ST ST S
16TH ST E AUBURN-ENUMCL
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AUBURN WAY NMILITARY RD SMILITARY RD SA ST SEC ST SWB ST NWI ST NEAU
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SM ST SEAUBURN WAY N124TH AVE SER ST SE132ND AVE SES 277TH ST
WEST VALLEY HWY NC ST NWW MAIN ST 112TH AVE SEE MAIN ST
41ST ST SE
29TH ST SE
SE 312TH ST
51ST AVE SKE
RSEY WAY SE
8TH ST NE
37TH ST NW
ORAVETZ RD SEM ST NED ST NW4TH ST SE
LA
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A ST NEL A KE TAPPS PK
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37TH ST NE
D ST NEPE ASLEY C A NYON RD S
RIVERWALK DR SEEAST VALLEY HWY SEH
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15TH ST NE
15TH ST SW
BOUNDARY BLVD SW
AUBURN-BLACK DIAMOND RD SE
SE 281ST ST
TERRACE DR NW
ELLINGSON RD SW
SUMNER-TAPPS HWY E SE 30 4 T H ST
17TH ST SE
6TH ST SE
10TH ST NE
3RD ST NE 124TH AVE SEA ST SER ST SEMUCKLESHOOT
CASINO
SUPERMALL
LAKE
TAPPS
KENT
KING
COUNTY
PIERCE
COUNTY
PACIFIC
SUMNEREDGEWOOD
ALGONA
FEDERAL
WAY
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 ID: 3899
Exhibit A
0 1,100 2,200 3,300 4,400 5,500
FEETCity Hall
MCI Fiber (PWA 08-03)
MCI Fiber (PWA 96-07)
City of Auburn
Parks
Water Features
Printed On: 1/31/2012Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 17 of 20 ORD.A Page 68 of 76
------------------------------
Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 18 of 20
Exhibit B
Grantee Facilities
Grantee Facilities include, collectively or individually, any and all communications
transmission and distribution systems, including but not limited to, wires, lines,
conduits, ducts, cables, braces, guys, anchors, vaults, switches, fixtures, and any
and all other equipment, appliances, attachments, appurtenances and other
items necessary, convenient, or in any way appertaining to any and all of the
foregoing, whether the same be located across, above, along, below, in, over,
through, or underground.
Grantee Facilities shall not include any wireless telecommunications facilities
such as antennas, DAS, Small Cell facilities or other wireless transmission
devices that are mounted on poles or other structures in the right-of-way.
ORD.A Page 69 of 76
------------------------------
Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 19 of 20
Exhibit C
Grantee Services
The offering of communications and communications services, including, but not
limited to a telephone service (as set forth in RCW § 82.16.010),integrated data
services, internet access service, private line service, mobile fronthaul and
backhaul services, and leasing of facilities (e.g., dark fiber) to affiliates and third
parties. Grantee shall not offer a Cable Service or an Open Video System.
ORD.A Page 70 of 76
------------------------------
Ordinance No. 6643
March 7, 2017
Franchise Agreement No. 17-09
Page 20 of 20
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON
ACCESS TRANSMISSION SERVICES, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this
reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 20xx, 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 71 of 76
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6652
Date:
May 9, 2017
Department:
Administration
Attachments:
Ord 6652
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
A number of communities in King County, including, for instance, Bellevue, Kirkland, Renton
and Kent have ordinances that prohibit rental housing discrimination based upon source of
funds. The purpose of these regulations is to assist low income housing by prohibiting or
restricting practices that do not accommodate or allow rental relationships based upon source
of funds section 8 voucher programs - - prohibiting practices that exclude voucher programs as
a part of certain residential rental activities. After having looked at a variety of different
approaches, the approach that seems most suitable for the City of Auburn is to plug-in to the
City's existing rental housing business license program a requirement that multi-family
residential facilities comply with the requirement accommodating low income housing voucher
programs. By using the existing business licensing program, we take advantage of an existing
enforcement mechanism, rather than having to rely upon citations in court or pursuit of
financial penalties. The City's proposed Ordinance No. 6652 would provide that anybody that
operates a multi-family residential rental business, as defined in the ordinance, would have to
accept low income voucher program tenants, assuming that there premises meet the
requirements of such programs.
Reviewed by Council Committees:
Councilmember: Staff:Heid/Hinman
Meeting Date:May 15, 2017 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 72 of 76
- - - - - - - - - - - - - - -
Ordinance No. 6652
May 3, 2017
Page 1 of 4
ORDINANCE NO. 6 6 5 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
SECTION 5.22.045 OF THE AUBURN CITY CODE,
RELATED TO ADDITIONAL RENTAL HOUSING
BUSINESS LICENSE CRITERIA FOR MULTI-FAMILY
DWELLING UNITS
WHEREAS, the City of Auburn recognizes that discrimination in housing
adversely and seriously affects the health, safety, and welfare of the community.
WHEREAS, there are several government programs that assist very low income
families, the elderly, veterans, and people with disabilities with financial subsidies that
allow them to afford decent, safe, and sanitary housing in the private market.
WHEREAS, a significant number of people have difficulty securing adequate
rental housing without financial assistance, and it is essential to assure that housing is
available to those people.
WHEREAS, housing rental rates are rapidly rising in the Puget Sound region,
and the number of affordable units is decreasing as rents increase, which, in turn,
disfavors low-income tenants and those receiving government assistance.
WHEREAS, when families lose their homes because of income source based
discrimination, they often lack funds to move, risk being unable to find replacement
housing close to their workplace, risk becoming homeless, and risk disruption to their
children's education and social development by being forced to move away from their
friends and schools.
WHEREAS, citywide and countywide planning policies seek to promote fairness
in housing for residents of all abilities, ages, races, and incomes.
WHEREAS, participation by landlords in these housing assistance programs
provides a reliable, steady source of rental income.
ORD.B Page 73 of 76
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Ordinance No. 6652
May 3, 2017
Page 2 of 4
WHEREAS, some state financial assistance programs are only available to
landlords in cities that have passed ordinances that prohibit denying tenancy based
solely on the applicant's source of income.
WHEREAS, the Auburn City Council has determined that prohibiting landlords
from denying tenants the opportunity to rent housing solely because the tenant
proposes to use government financial assistance will promote the health, safety, and
welfare of the community; and
WHEREAS, it would be advantageous for the City of Auburn to add source of
income discrimination concerns as criteria applicable to multi-family rental housing as a
part of the City’s. Rental housing business license program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. New Section to City Code. A new Section 5.22.045 to the Auburn
City Code, entitled “Additional rental housing business license criteria for multi-family
dwelling units,” is created to read as follows:
5.22.045 Additional rental housing business license criteria for multi-family
dwelling units.
In addition to the business license criteria set forth in section 5.20 2.040 of
this chapter, rental housing businesses consisting of multi-family dwelling units
shall comply with the following license requirements:
A. Property owners, property managers, landlords, and their agents, who
offer for rent or lease “multi-family dwelling units” as defined in this section may
not refuse to rent or lease a such a dwelling unit to any residential tenant or
prospective residential tenant or otherwise discriminate or retaliate against any
residential tenant or prospective residential tenant solely on the basis that the
person proposes to pay a portion of the rent from a “source of income” as defined
in this section.
B. For the purposes hereof, the following definitions shall apply:
1. “Multi-family dwelling units” means housing where four or more
separate housing units for residential inhabitants are contained within one
building or several buildings within one complex.
2. “Source of income” includes income derived from social security,
supplemental security income, other retirement programs, and any federal, state,
ORD.B Page 74 of 76
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Ordinance No. 6652
May 3, 2017
Page 3 of 4
local subsidy programs, including housing assistance, public assistance, and
general assistance programs.
C. The provisions of this section shall not apply if the dwelling unit does
not qualify for participation in the tenant's “source of income” program. However,
any property owner, manager or agent that refuses to rent a dwelling unit to a
person based upon the proposed use of funds from a “source of income” must
notify that person in writing of the reasons why the dwelling unit is ineligible for
participation in the particular “source of income” program. Refusal to allow a
health and safety inspection of the property by a public housing authority or
subsidy program inspector shall not be considered a legitimate basis for refusing
to rent due to program ineligibility.
Section 3. Implementation. That the Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 4. Severability. That 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 5. Effective date. This Ordinance shall be in full force and effect five
(5) days after publication as required by law.
INTRODUCED: ________________________
PASSED: _____________________________
APPROVED: __________________________
CITY OF AUBURN
ATTEST: _____________________________________
NANCY BACKUS, MAYOR
_________________________
Danielle E. Daskam, City Clerk
ORD.B Page 75 of 76
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Ordinance No. 6652
May 3, 2017
Page 4 of 4
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
ORD.B Page 76 of 76