HomeMy WebLinkAbout07-03-2017 CITY COUNCIL AGENDACity Council Meeting
July 3, 2017 - 7:00 PM
Auburn City Hall
AGENDA
Watch the meeting LIVE!
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Proclamation - Park & Recreation Month
Mayor Backus to proclaim July 2017 as "Park & Recreation Month" 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.
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 June 19, 2017 Regular City Council Meeting*
B. Minutes of the January 11, 2016 City Council Study Session*
Page 1 of 140
C. Claims Vouchers (Coleman)
Claims voucher numbers 444328 through 444545 in the amount
of $1,177,900.75 and six wire transfers in the amount of $608,802.68 and
dated July 3, 2017.
D. Payroll Vouchers (Coleman)
Payroll check numbers 537372 through 537401 in the amount of $703,763.46
and electronic deposit transmissions in the amount of $1,569.626.28 for a grand
total of $2,273,389.74 for the period covering June 15, 2017 to June 28, 2017.
E. Public Works Project No. CP1613* (Snyder)
City Council award Contract No. 17-06 to Multifacet Group, LLC. on their low bid
of $225,000.00 plus Washington State sales tax of $22,500.00 for a total
contract price of $247,500.00 for Project No. CP1613, M&O Facility Building
Roofing Replacement Project
F. Public Works Project No. CP1701* (Snyder)
City Council award Contract No. 17-23 to the lowest responsible bidder for
Project No. CP1701, Auburn Way South Dynamic Message Sign
G. Public Works Project No. CP1614* (Snyder)
City Council award Contract No. 17-24 to the lowest responsible bidder for
Project No. CP1614, 2017 Local Street Reconstruction and Preservation Project
H. Public Works Project No. CP1606* (Snyder)
City Council approve Final Pay Estimate No. 3 to Contract No. 17-04 in the
amount of $30,338.44 and accept construction of Project No. CP1606, Auburn
Teen and Community Center (H St SE Extension)
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6642* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 5.20.250, 18.07.020, 18.09.020, 18.21.010, 18.21.020, 18.21.030,
18.23.030, 18.29.050, 18.35.030, 18.42.020, 18.78.020, 18.04.120 of the Auburn
City Code and creating new Sections 18.04.1001, 18.04.1003, 18.04.1005,
18.04.1007, 18.04.1009, 18.04.1011, 18.04.1013, 18.04.1015, 18.04.1017,
18.04.1019, 18.04.1021, 18.04.1023, 18.04.1025, 18.04.1027, 18.04.1029,
18.76.046 and a new Chapter 18.59 of the Auburn City Code relating to
marijuana businesses, and repealing the moratorium established by Ordinance
No. 6613
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6642.)
Page 2 of 140
B. Ordinance No. 6656* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Ordinance No. 6621, the 2017-2018 Biennial Budget Ordinance, as amended by
Ordinance No. 6646, authorizing amendment to the City of Auburn 2017-2018
Budget as set forth in Schedule "A" and Schedule "B"
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6656.)
XI. RESOLUTIONS
A. Resolution No. 5295* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute a contract between the City of Auburn and the City of
Pacific for decant facilities usage
(RECOMMENDED ACTION: City Council adopt Resolution No. 5295.)
B. Resolution No. 5303* (Lee)
A Resolution of the City Council of the City of Auburn, Washington, approving
the Interlocal Cooperative Agreement between the Washington State Patrol,
Pierce County Sheriff's Office, King County Prosecutor's Office, and the
municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Tacoma and
Tukwila for the creation of the Puget Sound Auto Theft Task-Force.
XII. 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
XIII. 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 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 19, 2017 Regular City Council Meeting
Date:
June 26, 2017
Department:
Administration
Attachments:
June 19, 2016 Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:July 3, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 140
Page 1
CITY COUNCIL
MEETING MINUTES
JUNE 19, 2017 7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:02 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street, and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob
Baggett, John Holman, Yolanda Trout-Manuel, and Rich Wagner.
Councilmembers Claude DaCorsi and Bill Peloza were excused.
Mayor Nancy Backus was in attendance, and the following
department directors and staff members were also present:
Director of Administration Dana Hinman, Finance Director Shelley
Coleman, City Attorney Daniel B. Heid, Commander Steve Stocker,
Innovation and Technology Director Paul Haugan, Economic
Development Manager Doug Lein, and Deputy City Clerk Shawn
Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
There was no announcement, proclamation or presentation.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
There was no modification to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
CA.A Page 5 of 140
City of Auburn Council Meeting Minutes June 19, 2017
Page 2
1. Public Hearing on the 2018-2023 Transportation
Improvement Program (TIP) (Snyder)
City Council to conduct a public hearing to receive public
comments and suggestions with regard to the proposed
modifications to the 2018-2023 Transportation Improvement
Program (TIP)
Mayor Backus opened the public hearing at 7:04 p.m. No
one came forward to speak. Mayor Backus closed the public
hearing.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue. Those wishing to speak are
reminded to sign in on the form provided
Lisa Scroggins, 935 18th ST NE, Auburn
Ms. Scroggins stated she is concerned that level 1 sex offenders
do not have to register on the sex offender registry list. She
believes the public should be notified.
Commander Stocker stated the registry is set by state law. The City
is not able to add the level 1 offenders. King County produces a list
that has all the sex offenders listed.
Ms. Scroggins would also like help to develop a block watch in her
neighborhood.
Mary Miller,1802 I Street, Auburn
Ms. Miller thanked the Mayor on a fast follow-up to her concerns
from the previous meeting.
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 and electronic deposits in the approximate amount of $2.2
million and claims vouchers and wire transfers in the amount of
approximately $6 million for the periods June 1 to June 14, 2017 and June
19, 2017, respectively. The ad hoc committee recommends approval of
the claims and payroll vouchers as described on the Consent Agenda.
CA.A Page 6 of 140
City of Auburn Council Meeting Minutes June 19, 2017
Page 3
Councilmember Trout-Manual, deputy chair of the ad hoc committee on
the selection of the Deputy Mayor, reported the committee anticipates
reporting to the Council at a future study session.
Deputy Mayor Wales stated the Transportation Benefit District postponed
the implementation of the $20 Car Tab fee to allow the ad hoc Committee
additional time to make a recommendation.
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 June 5, 2017 Regular City Council Meeting
B. Claims Vouchers
Claims voucher numbers 444119 through 444327 in the amount of
$5,516,043.94 and three wire transfers in the amount of
$527,421.71 and dated June 19, 2017.
C. Payroll Vouchers
Payroll check numbers 537338 through 537371 in the amount of
$527,972.60, electronic deposit transmissions in the amount of
$1,632,622.74 for a grand total of $2,160,595.34 for the period
covering June 1, 2017 to June 14, 2017.
D. Public Works Project No. CP1520* (Snyder)
City Council to approve award of Contract No. 17-07, to the lowest
responsible bidder for Project No. CP1520, B Street NW
Reconstruction Project
Deputy Mayor Wales moved and Councilmember Trout-Manual seconded
to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 5-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
CA.A Page 7 of 140
City of Auburn Council Meeting Minutes June 19, 2017
Page 4
X. ORDINANCES
A. Ordinance No. 6654 (Snyder)
An Ordinance of the City Council of the City of Auburn,
Washington, amending Chapters 14.03, 17.04, 17.10, 17.10,
17.12, 17.14 and 17.22 of City Code, relating to the procedures
used for processing final plat approvals
Deputy Mayor Wales moved and Councilmember Holman
seconded to approve Ordinance No 6654.
MOTION CARRIED UNANIMOUSLY. 5-0
B. Ordinance No. 6655* (Snyder)
An Ordinance of the City Council of the City of Auburn,
Washington, amending Sections 18.68.030 and 18.68.040, of the
City Code, relating to procedures used in the consideration of
requests to rezone land concurrent with a request to amend the
Comprehensive Plan Land Use Map
Deputy Mayor Wales moved and Councilmember Baggett
seconded to approve Ordinance No. 6655.
MOTION CARRIED UNANIMOUSLY. 5-0
XI. RESOLUTIONS
A. Resolution No. 5300* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
approving the 2018-2023 Transportation Improvement Program of
the City of Auburn pursuant to R.C.W. Chapter 35.77 of the Laws
of the State of Washington
Deputy Mayor Wales moved and Councilmember Trout-Manual
seconded to approve Resolution No. 5300
MOTION CARRIED UNANIMOUSLY. 5-0
B. Resolution No. 5302* (Hinman)
A Resolution of the City Council of the City of Auburn, Washington,
approving the Lodging Tax Grant disbursements recommended by
the Auburn Lodging Tax Advisory Committee
Deputy Mayor Wales moved and Councilmember Baggett
seconded to approve Resolution No. 5302.
CA.A Page 8 of 140
City of Auburn Council Meeting Minutes June 19, 2017
Page 5
Deputy Mayor Wales listed the organizations that will receive grant
funds.
MOTION CARRIED UNANIMOUSLY. 5-0
XII. MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Deputy Mayor Wales reported she attended the King County Board
of Health meeting. They reviewed statistics with firearms and
domestic violence. She believes there needs to be an emergency
effort to take guns away from domestic violence perpetrators. She
requested the legal department send a representative to the
domestic violence meetings.
Councilmember Wagner reported he attended the Transportation
Policy Board meeting for the Puget Sound Regional Council. He
stated they reviewed the financial shortfall jurisdictions have for
maintaining the roads in the region.
Councilmember Baggett reported he attended the Emergency
Management Advisory Committee meeting. The Committee
discussed preparing people for emergencies and employing
outreach to help citizens know what to expect in an emergency.
Councilmember Trout-Manual reported she attended the Regional
Law and Justice Committee meeting and the Regional Domestic
Violence Committee meeting, both are working on gun surrender
policies for domestic violence perpetrators.
B. From the Mayor
Mayor Backus reported the Office of Financial Management has
reported the new estimate for the City of Auburns’ population is
78,960 residents. She reported she attended Cascade Middle
School assembly with Governor Inslee to hear about the needs in
our community, the Cascade Middle School Honor Society
induction ceremony, and a class on civil disturbance and how
elected officials should respond. She reported King County
Executive Dow Constantine and herself convened the Regional
Transportation System Initiative Group to discuss the roads in the
region. Mayor Backus reported she swore in two new police
officers, attended the monthly City and Chamber partnership
CA.A Page 9 of 140
City of Auburn Council Meeting Minutes June 19, 2017
Page 6
meeting, welcomed the Comfort Inn at their newly refurbished
location, attended a Cruz In at the former Big Daddy’s site, and
attended a neighborhood meeting at Trek Apartments.
Mayor Backus reminded everyone the first community picnic is
June 20th at Game Farm Park. On June 22nd the City will hold a
Town Hall on the heroin and opioid epidemic. Kids Day at Les
Gove Park is June 23rd.
Mayor Backus stated that at the last Council Study Session there
was a comment made regarding Council being excluded from
meetings. Mayor Backus stated City Staff goes above and beyond,
and Council meetings are no place for campaigning.
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 7:38 p.m.
APPROVED THE ______ DAY OF JULY, 2017.
NANCY BACKUS, Mayor Shawn Campbell, Deputy 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
CA.A Page 10 of 140
City of Auburn Council Meeting Minutes June 19, 2017
Page 7
CA.A Page 11 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 11, 2016 City Council Study Session
Date:
June 24, 2017
Department:
Administration
Attachments:
1-11-2016 Study Session Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:July 3, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 12 of 140
City Council Study Session
January 11, 2016 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Wales called the meeting to order at 5:30 p.m. in the Council
Chambers at Auburn, City Hall, 25 West Main Street in Auburn.
A. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bill Peloza, John
Holman, Claude DaCorsi, Yolanda Trout and Robert Baggett.
Councilmember Wagner arrived at 5:33 p.m.
Staff members present included: Human Resources and Risk Management
Director Rob Roscoe, Police Commander Dave Colglazier, Parks, Arts and
Recreation Director Daryl Faber, City Attorney Daniel B. Heid, Director of
Administration Dana Hinman, Human Services Coordinator Emily Pearson,
Veterans and Human Services Coordinator Erica Azcueta, Community
Development and Public Works Director Kevin Snyder, Assistant Director of
Engineering Services/City Engineer Ingrid Gaub, Finance Director Shelley
Coleman, Innovation and Technology Director Paul Haugan, and Deputy City
Clerk Shawn Campbell.
Mayor Backus was not present.
II. Announcements, Reports, and Presentations
Director Hinman stated the Association of Washington Cities Action Days will be
held in Olympia soon. The legislative priorities that Council, staff and the City's
consultants have been working on are almost finalized. The City's legislative
consultants will be scheduled to brief Councilmembers individually to prepare
them on talking points for speaking to the legislators.
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Microsoft Enterprise Agreement (15 Minute Presentation/10 Minute Q&A)
(Haugan)
Authorize the Mayor to sign and enter into an Enterprise License Agreement
with Microsoft Corporation for our Office Productivity Software and Windows
10 Desktop Operating System software
Director Haugan stated the City is considering entering into a Microsoft
Enterprise Agreement. The City can either buy the software outright, use it
until it is no longer useful then purchase new software to replace the old
software, or the City can purchase licenses for the software, which would
allow the City to keep the software updated and security patches
current. Other jurisdictions the City of Auburn provides services could also
use the agreement. They would reimburse the City for the costs of their
licenses.
Councilmember DaCorsi asked if there is a concern with getting Windows 10 Page 1 of 3
CA.B Page 13 of 140
up to speed. Director Haugan stated it is a good system and the migration
will probably be the second quarter. There will be a significant staff upgrade
with training available to all staff.
Deputy Mayor Wales expressed concerns about the security of the Cloud.
Director Haugan stated the Cloud is a marketing term. It means having it
stored somewhere else and the user can access it over the internet. Once
the software is on the computer the users will still save their documents the
same way they always have.
B. Ordinance No. 6582 (10 Minute Presentation/10 Minute Q&A) (Snyder)
An Ordinance of the City Council of the City Of Auburn, Washington,
amending Section 10.41.020 of the Auburn City Code, entitled “Restricted
Parking Zone Established” for the purpose of revising code language to
clarify intent
Assistant Director Gaub explained the proposed ordinance is for restricted
parking zones. The original code was put in place in 2009 to address parking
issues. The City wanted to implement restricted parking in a designated area.
The way the code is written it cannot be used in other areas of the City. The
proposed language allows the restrictions to be set through an admistirative
process in various area of the City.
Councilmember Peloza stated there is nothing wrong with the current
system. He asked why the City would want to change it. Assistant Director
Gaub stated the restrictions are only allowed on D Street. Staff would like to
use this program in other areas of the City.
Councilmember DaCorsi asked if there is a cost associated to
residents. Assistant Director Gaub stated the permit is free to the residents.
Councilmember Trout asked about the number of permits allowed per
resident. Assistant Director Gaub stated each residence is allowed three
vehicle permits and one visitor pass. If they do not have the permit in their
vehicle they would be subject to the restricted parking.
Councilmember Holman stated he is a proponent of this
program citywide. He has a concern on the impact to the Downtown Parking
Management Plan. He believes the plan would have to be updated.
C. 2005/2006A Bond Refunding (10 Minute Presentation/10 Minutes Q&A)
(Coleman)
Director Coleman stated the City has an opportunity to refinance
two Municipal Bond. The City has approximately $680,000 outstanding with
an Airport Bond and $3 million from a bond for the Golf Course. If the City
refunds the bonds, there would be cost savings of almost $290,000.
Councilmember Holman asked about the City's current bond rating. Director
Coleman stated the City currently has a bond rating of AA+.
Council thanked Director Coleman for looking at the various options.
D. CDBG Funding Update (15 Minute Presentation/10 Minute Q&A) (Hinman)
Page 2 of 3
CA.B Page 14 of 140
Director Hinman and Human Services Coordinator Azcueta presented the
Community Development Block Grant funding update to Council.
Director Hinman explained to Council the City uses two separate funding
sources for human services funding. One is grants from the federal
government in the form of HUD grants and the second is a line item in the
budget of 1% of the general fund. Both revenue streams are designated for
human services. The CDBG funds are tightly regulated.
Councilmember Trout asked about the funds provided for homelessness.
Coordinator Azcueta explained the largest portion of those funds go to the
housing repair program.
Deputy Mayor Wales suggested the Council have an ad hoc committee
review this process in the future.
E. Council Retreat Goals (5 Minute Presentation/10 Minute Q&A) (Hinman)
Director Hinman reviewed the retreat goals the Council set at their retreat in
November.
Deputy Mayor Wales explained this document is going to come back before
the Council monthly.
Director Hinman stated the City has made significant progress on the Healthy
City Goal. There has also been progress made on bridging the digital divide.
IV. ADJOURNMENT
There being no further business before the Council, the meeting adjourned at 6:37
p.m.
APPROVED this 3rd day of July, 2017.
___________________________________ ______________________________
LARGO WALES, DEPUTY MAYOR Shawn Campbell, Deputy City Clerk
Page 3 of 3
CA.B Page 15 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
June 27, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 444328 through 444545 in the amount of $1,177,900.75
and six wire transfers in the amount of $608,802.68 and dated July 3, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:July 3, 2017 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 16 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
June 27, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537372 through 537401 in the amount of $703,763.46
and electronic deposit transmissions in the amount of $1,569.626.28 for a grand total
of $2,273,389.74 for the period covering June 15, 2017 to June 28, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:July 3, 2017 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 17 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1613
Date:
June 26, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$59,175.00
Administrative Recommendation:
City Council award Contract No. 17-06 to Multifacet Group, LLC. on their low bid of
$225,000.00 plus Washington State sales tax of $22,500.00 for a total contract price
of $247,500.00 for Project No. CP1613, M&O Facility Building Roofing Replacement
Project.
Background Summary:
The City received 2 responsive bids and the low bid was approximately 3% above the
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that Multifacet Group, LLC meets the responsible bidding criteria and
recommends award.
In recent years, the aging roof at the City’s Public Works Maintenance and Operation
Facility building has seen a fair amount of repair due to reoccurring leaks. The
purpose of this project is to install a roof retro-fit system, replacing damaged
insulation, installation of a new roof membrane, coping metals and roof related sheet
metal. The project construction is expected to begin in July 2017 and be completed by
September 2017.
Budget Considerations:
The total anticipated project costs exceed the currently budgeted funds in the 328
Capital Facilities fund by $59,175.00. The attached budget status sheet reflects a
$52,700.00 project budget increase that is included in Budget Amendment #2. The
remaining $6,475.00 needed to complete the project is available in the 328 Capital
Facilities fund and will be transferred to the project budget.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 18 of 140
Councilmember:Staff:Snyder
Meeting Date:July 3, 2017 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 19 of 140
Project No: CP1613 Project Title: M&O Facility Building Roof Replacement Project
Project Manager: Luis Barba
PMP
Permision to Award
Advertisement Date: 6/8/2017 Project Update
Award Date: 7/3/2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 (Actual)2017 Total
*Facilities Fund 328-(Maintenance)0 13,244 279,456 292,700
Total 0 13,244 279,456 292,700
Activity Prior Years 2016 (Actual)2017 Total
Design Engineering - Consultant Costs 13,244 26,056 39,300
Construction Contract 247,500 247,500
Construction Contract Contingency (5%)12,375 12,375
Construction Engineering-City Cost*
Total 0 13,244 285,931 299,175
*Engineering costs are charged to the Engineering Budget and not shown here.
Prior Years 2016 (Actual)2017 Total
*Facilities Funds Budgeted ( )0 (13,244)(279,456)(292,700)
Facilities Funds Needed 0 13,244 285,931 299,175
*Facilities Fund Project Contingency ( )0 0 0 0
Facilities Funds Required 0 0 6,475 6,475
* ( # ) in the Budget Status Sections indicates Money the City has available.
Faciltites Fund Budget Status
BUDGET STATUS SHEET
Date: June 26, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
* Includes a proposed budget increase of $52,700 included in BA No.2
Estimated Cost (Funds Needed)
H:\PROJ\CP1613 M&O Facility Building Roofing Replacement Project\3.00 Project Management\3.20
Budget\CP1613-M&O Roof Imprv BudgetStatusSheet.xls 1 of 1CA.E Page 20 of 140
BID TABULATIONBID TOTALS SUMMARYProject Name: CP1613, M&O Facility Building Roofing Replacement, Contract 17-06Prepared by: City of AuburnBid Date: ENGINEER'S ESTIMATE:218,900.00$ AVERAGE BASIC BID AMOUNT:234,428.50$ BASIC BID SPREAD AMOUNT: 18,857.00$ Basic BID Amount Spread $ Spread %LOW BIDDER:Multifacet Group, LLC225,000.00$ $6,100.002.79%Second Bidder: Scholten Roofing, Inc. 243,857.00$ $24,957.00 11.40%Basic BID (Tax not Included) Total BID (Tax Included)Multifacet Group, LLC225,000.00$ 247,500.00$ Scholten Roofing, Inc.243,857.00$ 268,242.70$ 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.6/22/176/26/2017 (9:07 AM)h:\proj\bidtabs\CP1613 BT.xls1CA.EPage 21 of 140
CA.E Page 22 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1701
Date:
June 26, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 17-23 to the lowest responsible bidder for Project No.
CP1701, AWS Dynamic Message Sign.
Background Summary:
The purpose of the project is to expand ITS operations by installing a City provided
Dynamic Message Sign (DMS) on Auburn Way South between the R Street SE bridge
and Muckleshoot Plaza. The proposed ITS infrastructure includes fiber optics, DMS
signage, and running conductor from a new power service meter at the northwest
corner of the Muckleshoot Plaza intersection, through existing conduit to the DMS
controller. Connection to the City's existing fiber optic network will be necessary.
Because the bid opening was held on June 29, 2017, there was not adequate time for
staff to compile the bid tabulation to include in the agenda packet. A revised agenda
bill specifying the Contractor and contract amount will be distributed to the Council at
or prior to the City Council meeting scheduled for July 3, 2017.
Updated information regarding the budget status will be presented with the revised
agenda bill.
Funding for this project is from the Streets 102 Fund. See the attached Budget Status
Sheet for additional details.
Construction is expected to begin in July 2017 and be completed by September 2017.
A project budget contingency of $9,689.00 remains in the 102 Fund.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 23 of 140
Councilmember:Staff:Snyder
Meeting Date:July 3, 2017 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 24 of 140
Project No: CP1701 Project Title:
Project Manager: Luis Barba
Project Update
Permision to Award
Advertisement Date: _6/15/2017 Contract Award
Award Date: 7/03/2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2017 Future Years Total
102 Fund - REET 200,000 200,000
Total 0 200,000 0 200,000
Activity Prior Years 2017 Future Years Total
Design Engineering - City Costs 6,000 6,000
Design Engineering - Consultant Costs 2,000 2,000
Construction Estimate 81,500 81,500
Construction Procurement Material 77,661 77,661
Construction Contract Contingency (10%)8,150 8,150
Construction Engineering - City Costs 15,000 15,000
Total 0 190,311 0 190,311
Prior Years 2017 Future Years Total
*102 Funds Budgeted ( )0 (200,000) 0 (200,000)
102 Funds Needed 0 190,311 0 190,311
*102 Fund Project Contingency ( )0 (9,689) 0 (9,689)
102 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
AWS Dynamic Message Sign Project
Date:June 26, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
102 Arterial Street Budget Status
\\coa.auburn.local\dept\Building\PROJ\CP1701-AWS Dynamic Message Sign\3.00 Project Management\3.20
Budget\CP1701 ITS DMS BudgetStatusSheet.xls 1 of 1CA.F Page 25 of 140
3,098.6
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet3,098.6
Notes
Type any additional notes- delete text to
leave blank
Legend
1,549.30
1:18,591
Vicinity Map AWS Dynamic Message Sign
1in =1,549 ft
6/26/2017Printed 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.
New Dynamic Message
Sign (DMS)
CA.F Page 26 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1614
Date:
June 27, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve award of Contract No. 17-24 to the lowest responsible bidder for
Project No. CP1614, 2017 Local Street Reconstruction and Preservation Project.
Background Summary:
The 2017 Local Street Reconstruction and Preservation Project will include
constructing approximately 6,300 linear feet of street, storm drainage, and water main
improvements – including excavation of existing roadway pavement and subgrade;
3,650 linear feet of new asphalt concrete roadway pavement and subgrade; 2,650
linear feet of street overlay, cement concrete curb and gutter reconstruction; driveway
reconstruction; partial sidewalk reconstruction; curb ramp reconstruction; storm
drainage collection, conveyance, treatment and infiltration construction; water main
and residential service replacement; and other appurtenances. The selection process
for this years program was completed in 2015 for both the 2016 and 2017 funding
allocations. The selected streets were reviewed with the City Council at the August
24, 2015 Study Session and again as part of the State of Our Streets Report at
the November 28, 2016 Study Session. In addition, the Street Section for 2017 was
reviewed with the Transportation Advisory Board at their September 13, 2016
meeting.
This work will be funded by the 103 (Local Street Preservation) Fund, 460 (Water)
Fund, and 462 (Storm) Fund. Construction of this project is anticipated to start in late
July 2017, and close out by December 2017.
Because the bid opening was held on June 29, 2017, there was not adequate time for
staff to compile the bid tabulation to include in the agenda packet. A revised agenda
bill specifying the Contractor and contract amount will be distributed to the Council at
their meeting scheduled for July 3, 2017.
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 27 of 140
Updated information regarding the budget status will be presented with the revised
agenda bill.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:July 3, 2017 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 28 of 140
Project No: CP1614 Project Title:
Project Manager: Jai Carter
Final Design
Initiation Date: _August 24, 2015________ Consultant Agreement
Advertisement Date: _June 15, 2017_______ Contract Award
Award Date: _July 3, 2017__________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 2017
Future Years Total
103 Fund - Local Street 0 2,866,000 2,866,000
460 Fund - Water 0 654,955 654,955
462 Fund - Storm 0 100,000 100,000
Total 0 0 3,520,955 0 3,520,955
* 462 Funds combined with 103 funds below
Activity Prior Years 2016 2017
Future Years Total
Design Engineering - City Costs*5,000 5,000
Design Engineering - Consultant Costs 290,000 290,000
Construction Estimate 2,781,048 2,781,048
Project Contingency (10%)278,105 278,105
Material Testing 10,000 10,000
Construction Engineering - City Costs*15,000 15,000
Construction Engineering - Consultant Costs 10,000 10,000
Total 0 0 3,389,153 0 3,389,153
*City staff costs for 103 Fund design and construction are not charged against the project budget and are not shown here.
Prior Years 2016 2017
Future Years Total
**103 Funds Budgeted ( )0 0 (2,966,000) (2,966,000)
103 Funds Needed 0 0 2,819,837 2,819,837
**103 Fund Project Contingency ( )0 0 (146,163) 0 (146,163)
103 Funds Required 0 0 0 0 0
Prior Years 2016 2017
Future Years Total
**460 Funds Budgeted ( )0 0 (654,955) 0 (654,955)
460 Funds Needed 0 0 564,316 0 564,316
**460 Fund Project Contingency ( )0 0 (90,639) 0 (90,639)
460 Funds Required 0 0 0 0 0
** ( # ) in the Budget Status Sections indicates Money the City has available.
Estimated Cost (Funds Needed)
103/462 Local Street and Storm Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
2017 Local Street Reconstruction and Preservation Project
Date: June 26, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
H:\PROJ\CP1614 2017 Local St Reconstruction and Preservation\3.00 Project Management\3.20 Budget\CP1614
BudgetStatusSheet.xls 1 of 1CA.G Page 29 of 140
CA.G Page 30 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1606
Date:
June 27, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate No. 3
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 3 to Contract No. 17-04 in the amount of
$30,338.44 and accept construction of Project No. CP1606, Auburn Teen and
Community Center (H St SE Extension).
Background Summary:
This project is associated with the Community and Teen (REC) Center Project and
created access to the Les Gove Campus from Auburn Way South and closed Deals
Way which ran through the Les Gove Community Campus. These improvements will
encourage vehicles to access the new Community and REC Center from Auburn Way
South and H Street SE instead of utilizing neighborhood streets (thus reducing traffic
impacts associated with the new Community and REC Center on surrounding
neighborhood streets and also increasing visibility of the park from Auburn Way
South). The closure of Deals Way will prohibit vehicles from cutting through the park
area (between the Spray Park and the Library); thus improving pedestrian safety. The
construction work also included modifications to the King County library parking lot to
accommodate the H Street SE/Auburn Way South connection.
Total project cost is within the Authorized Contingency amount and a project budget
contingency of $163,011.00 remains in the 321 Fund (General Parks Construction).
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:July 3, 2017 Item Number:CA.H
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 31 of 140
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 32 of 140
Project No: CP1606 Project Title:
Project Manager: Matthew Larson
Project Update
Advertise
Advertisement Date: Jan. 24, 2017 Contract Award
Award Date: Feb. 21, 2017 Change Order No. 1
Contract Final Acceptance
Funding Prior Years 2016 (Actual)2017 Future Years Total
321 Fund - General Parks Construction 104,326 750,674 855,000
Total 0 104,326 750,674 0 855,000
Activity Prior Years 2016 (Actual)2017 Future Years Total
Design Engineering - City Costs 72,574 16,305 88,879
Design Engineering - Consultant 9,100 10,218 19,318
Design Engineering - Other 1,159 1,159
Right of Way - Easement Acquisition 20,624 20,624
Right of Way - TRs/Appraisals/Reviews 2,028 2,028
Construction Contract Bid 391,405 391,405
Change Order No. 1*59,228 59,228
Line Item Changes 46,685 46,685
Construction Engineering - City Costs 60,000 60,000
Construction Engineering - Materials Testing 2,663 2,663
Total 0 104,326 587,663 0 691,989
* City Council approved this change order at 4/17/2017 meeting.
Prior Years 2016 (Actual)2017 Future Years Total
*321 Funds Budgeted ( )0 (104,326)(750,674)0 (855,000)
321 Funds Needed 0 104,326 587,663 0 691,989
*321 Fund Project Contingency ( )0 0 (163,011)0 (163,011)
321 Funds Required 0 0 0 0 0
321 General Parks Construction Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Auburn Teen and Community Center (H St. SE Extension)
Date: June 27, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
CA.H Page 33 of 140
CA.H Page 34 of 140
6/26/2017CA.HPage 35 of 140
CA.HPage 36 of 140
CA.HPage 37 of 140
752.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet752.3
Notes
Legend
376.20
1:4,514
CP1606 Auburn Teen and Community Center (H Street SE Extension)
1in =376 ft
2/9/2017Printed 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.
SR-18
Project Location(s)
Community and
REC Center
Senior Center
King County
Library
White River
Valley Museum
New Access to
Park from
Auburn Way
South
Parking Lot
Modifications
Turnaround/Drop Off Area
Deals Way Closure
CA.H Page 38 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6642
Date:
June 27, 2017
Department:
Community Development &
Public Works
Attachments:
Item 1 Ordinance No. 6642
Item 2 - Public Outreach
Item 3 - Public Survey Results
Item 4a - Map of North Area
Item 4b - Map of Northwest Area
Item 4c - Map of South Area
Item 4d - Map of Southwest Area
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6642.
Background Summary:
On August 15, 2016 the City Council approved Ordinance No. 6613 which established
a moratorium on certain types of marijuana related activities. Ordinance No. 6613
directed the Department of Community Development and Public Works to prepare
draft code amendments to address all forms of marijuana related activities for
presentation to the City of Auburn Planning Commission.
On February 22, 2017 staff presented draft Ordinance No. 6642 to the Planning
Commission. Ordinance No. 6642 was also made available for public review. The
Planning Commission held public meetings on February 22, 2017; March 21, 2017;
and May 2, 2017. During these public meetings Planning Commission reviewed the
draft ordinance, directed questions to staff, requested additional information,
suggested potential modifications, and requested staff conduct a public survey.
Upon completion of the above items, the Planning Commission scheduled a public
hearing for June 6, 2017. Public testimony was offered during the hearing, the
Planning Commission closed the hearing, proceeded to deliberate and modify the staff
recommendation. The Planning Commission voted in favor of passing their
recommendation to City Council to adopt Ordinance No. 6642.
Highlights of the Planning Commission’s recommendation include:
1. Permitting up to 4 marijuana retailers in Auburn.
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 39 of 140
2. Increasing the distance separations between marijuana related activities and other
types of uses and activities. The state standard is a 1,000 foot separation. The
Planning Commission’s recommendation includes a 2,640 foot (1/2 mile) separation
from some types of uses and a 1,320 (1/4) foot separation from other types of uses.
3. Expanding the list of uses that require separation from a marijuana related activity
over the list that is established in the Washington Administrative Code. Added to the
list of uses are: private schools, private playgrounds, private recreation facilities,
private parks, public trails, religious institutions, and transit centers or park-n-ride
facilities operated by a sovereign nation.
4. Clarifying that marijuana related activities that were legally established prior to the
adopted of Ordinance No. 6642 are classified as legal conforming uses even if they do
not meet the criteria of the standards established in Ordinance No. 6642.
5. Limiting marijuana related activities to the C-3, M-1 and M-2 zoning designations.
6. Establishing rigorous public review procedures that must be met prior to submittal
of a City of Auburn business license application.
Attached to this agenda bill are the following:
1. Ordinance No. 6642
2. Public Outreach Overview
3. Public Survey Results
4. Map of Potentially Allowed Marijuana Related Activities. Red areas indicate C-3
commercial zones where certain types of marijuana related activities could be
permitted. Blue areas indicate M-1 and M-2 industrial zones where certain types of
marijuana related activities could be permitted. While the colors on the maps indicate
the allowable zones, the shape is defined by application of the distance separations
set forth in ACC 18.59.030.
Reviewed by Council Committees:
Other: Planning and Legal
Councilmember: Staff:Snyder
Meeting Date:July 3, 2017 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 40 of 140
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 41 of 140
ORDINANCE iVO. 6 6 42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING SECTIONS 5.20.250, 18.07.020,
18.09.020, 18.21.010, 18.21.020, , 18.21.030, 18:23.030, 18.29.050,
18.35.030, 18.42.020, 18.78.020, 18.04.120 OF THE AUBURN CITY
CODE, AND CREATING NEW SECTIONS 18.04.1001, , 18.04.1005,
18.04.1007, 18.04.1009, 18.04.1011, 18.04.1013, 18.04.1015,
18.04.1017, 18.04.1019, 18.04.1021, 18.04.1023, 18.04.1025,
18.04.1027, 18.04.1029, 18.76.046 AND A NEW CHAPTER 18.59 OF
THE AUBURN CITY CODE RELATING TO MARIJUANA BUSINESSES,
AND REPEALING THE MORATORIUM ESTABLISHED BY
ORDINANCE NO. 6613
WHEREAS, the voters of the State of Washington approved Initiative Measure No.
502 (I-502), in 2012, now codified within Chapters 46.04, 46.20, 46.21, 46.61 and 69.50
of the Revised Code of Washington (RC1l, which initiative decriminalized possession
and use of certain amounts of marijuana and marijuana paraphernalia, and authorized
promulgation of regulations and issuance of licenses by the Washington State Liquor and
Gannabis Board (WSLCB) forthe production, processing and retailing of marijuana; and
WHEREAS, in relevant part, I-502 legalized the possession of small amounts of
marijuana and marijuana-related products by persons 21 of age and older, and directed
the (then) state Liquor Control Board to develop and implement rules to regulate and tax
recreational marijuana producers, processors, and retailers; and
WHEREAS, marijuana is still classified as a schedule 1 controlled substance under
federal law and crimes related to marijuana remain subject to prosecution under federal
law; and
WHEREAS, on August 29, 2013, the United States Department of Justice, Office
of the Attorney General, (DOJ) released updated guidance regarding macijuana
enforcement. The guidance reiterates that DOJ is committed to using its limited
investigative and prosecutorial resources to address the most significant threats to public
safety related to marijuana crimes in "the most effective, consistent, and rational way."
Ordinance No. 6642
June 8, 2017
Page 1ORD.A Page 42 of 140
on a case-by-case basis and weigh all information and evidence, including whether the
operation is demonstrably in compliance with a strong and effective state regulatory
system and if the conduct at issue implicates one or.more of eight stated federal
enforcement priorities. The DOJ does not appear to differentiate application of its
guidance between medical cannabis and recreational marijuana; and
WHEREAS, in a joint statement dated August 29, 2013, Governor Jay Inslee and
Attorney General Bob Ferguson stated the following:
Today we received confirmation Washington's voter-approved marijuana
law will be implemented. We received good news this moming when
Attorney General Eric Holder told the governor the federal government
would not pre-empt Washington and Colorado as the states implement a
highly regulated legalized market for marijuana. Attorney General Holder
made it clear the federal government will continue to enforce the federal
Controlled Substance Act by focusing its enforcement on eight specific
concerns, concerns, including the prevention of distribution to minors and
the importance of keeping Washington-grown marijuana within our State's
borders. We share those concerns and are confident our state initiative will
be implemented as planned. We want to thank the Attorney General for
working with the states on this and forfinding a waythat allows our initiative
to move forward while maintaining a commitment to fighting illegal drugs.
This reflects a balanced approaeh by the federal government that respects
the states' interests in implementing these laws and recognizes the federal
government's role in fighting 'illegal drugs and crim_inal activity.
WHEREAS, on September 16, 2013, the Auburn City Council adopted Resolution
No. 4992 establishing a one (1) year moratorium prohibiting the City from receiving and/
or processing any applications for any marijuana/cannabis related business in any a.nd all
zoning districts in the City of Auburn; and
WHEREAS, on October 16, 2013, the WSLCB adopted rules for applying for,
obtaining, and maintaining licenses for the production, processing, and retailing of
recreational marijuana. Under these rules, applicants will be required to identify a
business location with their application submittals; and
WHEREAS, on September 2, 2014, the Aubum City Council passed Ordinance
Ordinance No. 6642
June 8, 2017
Page 2ORD.A Page 43 of 140
No. 6525 amending certain Sections of the Auburn City Code relating to the enforcement
of state regulations regarding the production, processing, and/or retail outlets and sales
of marijuana and terminating the moratorium implemented pursuant to Resolution No.
4992 passed on September 16, 2013; and
WHEREAS, Second Engrossed Second Substitute House Bill 2136 (2E2SH6
2136)(approved on June 30, 2015), and Second Substitute Senate Bill 5052 (2SSB 5052)
approved on April 24, 2015 [with partial vetoJ), revised state requirements for state
marijuana regulations, including marijuana processors, producers, retailers, and
cooperatives; and
WHEREAS, the WSLCB notified the City of Auburn on September 23, 2015, that
pursuant to SB 5052 it would not limit the number of marijuana retailers licensed within
the City of Auburn to only those allocated per I- 502; and
WHEREAS, the City of Auburn adopted a moratorium, through Resolution No.
5194, prohibiting any new marijuana retailers not already in operation on January 4, 2016;
and
WHEREAS, in a public hearing on February 16, 2016, and in comments to City
elected officials, including social media posts, Auburn residents voiced concern for any
marijuana retailers in excess of the initial finro (2) originally approved by 1- 502; and
WHEREAS, the WSLCB notified the City of Auburn on March 8, 2016, thaf it would
increa.se the number of marijuana retailers licensed within the City of Auburn to the finro
2) authorized by I- 502 and identified as the Stash Box and Evergreen Market, and an
additional two (2) Priority 1 applicants for licenses under SB 5052; and
WHEREAS, the WSLCB has since indicated that the number of SB 5052 retail
licenses within the City of Aubum may be increased in the future; and
WHEREAS, WSLCB then notified the City of Auburn on March 8, 2016, that
marijuana retailers, including the Evergreen Market, that were licensed using the I-502
Ordinance No. 6642
June 8, 2017
Page 3
ORD.A Page 44 of 140
lottery are not allowed to move out of the jurisdictions where they are licensed; and
WHEREAS, based upon — and in reliance on — that information, the Cify of
Aubum amended its moratorium, through its Resolution No. 5215, so as to authorize the
operation of[only] the two (2) marijuana retailers initially provided for by 1-502; and
WHEREAS, other cities in Washington, such as Everett, Renton and Vancouver,
have adopted restrictions on the number of licensed retailers to conform to initial 1-502
approved caps; and
WHEREAS, the WSLCB continued to process and issue licenses to marijuana
retailers intended to operate within the City of Auburn pursuant to SB 5052 despite the
transmittal of Resolution No. 5215 to the WSLCB; and
WHEREAS, because of WSLCB's continued processing and issuing of licenses
for retail marijuana businesses, and because new retail marijuana businesses continued
to engage in activities contrary to the City's moratoria, and in response to the inconsistent,
conflicting, and uncooperative positions of the WSLCB, the City of Auburn adopted its
Ordinance No. 6595 on April 4, 2016, which prohibited all marijuana related activities
within the City of Auburn; and
WHEREAS, the City Council approved Ordinance No. 6613 on August 15, 2016,
which Ordinance indicated (consistent with a report by the Northwest High Intensity Drug
Trafficking Area, a division of the Office of National Drug Control Policy) the need to
protect public health, safety and welfare by minimizing societal effects and impacts of
marijuana, such as a 122% increase in fatality motor vehicle accidents involving the use
of marijuana between 2010 and 2014 and a 312% increase in contacts to the Washington
Poison Center for intoxication calls pertaining to youth consumption of marijuana, and
other increases on demands for public services such as fire and police presence; and
WHEREAS, Ordinance No. 6613 also indicated that the City desired to provide
greater clarity as to permitted and prohibited marijuana retailers within the City of Auburn,
Ordinance No. 6642
June 8, 2017
Page 4ORD.A Page 45 of 140
avoid onerous enforcement proceedings, improve voluntary compliance with local laws
pertaining to marijuana activities, facilitate improved cooperation with the WSLCB, and
protect the public health, safety and welfare while remaining cognizant of the approval of
1-502 by voters within the City of Auburn; and
WHEREAS, Ordinance No. 6613 further noted that the Auburn City Code did not
currently have specific provisions addressing a number of statutorily permitted marijuana
provisions and/or uses; and
WHEREAS, Ordinance No. 6613 noted that the provisions for marijuana
cooperatives, marijuana researchers and marijuana transporters contained within SB
5052 went into effect July of 2016, and tha# marijuana cooperatives, marijuana
researehers and marijuana transporters are not explicitly addressed by current code
provisions; and
WHEREAS, Ordinance No. 6613 also indicated that the impacts and effects of
marijuana cooperatives, marijuana researchers and marijuana transporters on Auburn
and the Auburn community are unknown and deserving of study and review; and
WHEREAS, Ordinance No. 6613 further indicated that the inclusion of the
prohibition of marijuana cooperatives, marijuana researchers and marijuana transporters
in the City's business licensing requirements, pending review and potential amendment
of the City Code, would provide greater safety, clarity, consistency, predictability and
uniformity that will bene t Auburn businesses and residents; and
WHEREAS, Ordinance No. 6613 stated that it would be advantageous for the City
of Auburn to have a thorough review made of the impacts and effects of marijuana
cooperatives, marijuana researchers and marijuana transporters; and
WHEREAS, Ordinance No. 6613 also stated that Sections 35A.63.220 and
36.70A.390 of the Revised Code of Washington (RCW) authorize the City Council to
adopt an immediate moratorium for a period of up to twelve (12) months if a public hearing
Ordinance No. 6642
June 8, 2017
Page 5ORD.A Page 46 of 140
on the proposal is held within at least sixty (60) days of its adoption and a work pian is
developed fqr related studies providing fior the moratorium period; and
WHEREAS, Ordinance No. 6613 further stated that the City Council desired to
impose a moratorium for an initial term of finrelve (12) months on the aceeptance and/or
processing of any permit or applications, for or related to any marijuana related activities,
including, but not limited to, licensing; permitting, siting, making structural or building
improvements, or operating any new marijuana activities; and any other marijuana uses
or activities that are not expressly proyided by the City Code regulations addressed
herein; and
V1/HEREAS, Ordinance No, 6613 also stated that the City Council anticipated that
it could develop and adopt appropriate controls for marijuana retail faeilities pr.ior to the
expiration of the moratorium enacted hereby; and
WHEREAS, Ordinance No. 6613 identified the City Council's position that it would
be advantageous for the City of Auburn to have a thorough review made of the
alternatives and options available to it for regulation of marijuana related uses and
activities; and
WHEREAS, Ordinance No. 6613 also identified fhe Council's position that in the
event permanent regulations are adopted prior to the expiration of the twelve (12) month
moratorium established by the Ordinanee, Ordinance No. 6613 could be repealed,
terminating the moratorium; and
WHEREAS, on January 14; 2014, the Washington State Attorney General's Office
issued its opinion (AGO No. 2014)that 1-502 does not preempt counties, cities, and towns
from banning recreational marijuana within their jurisdictions and that local ordinances
that do not expressly ban state licensed marijuana licensees from operating within the
jurisdiction but make such operation impractical are valid if they properly exercise the
local jurisdiction's police power; and
Ordinance No. 6642
June 8, 2017
Page 6
ORD.A Page 47 of 140
WHEREAS; several state courts have issued decisions that approve and affirm the
Attorney General's opinion that cities have the authority to regulate marijuana uses; and
WHEREAS, on May 20, 2015, the King County Su.perior Court issued its decision
in Greensun Group LLC v. City of Bel/evue, No. 14-2-29863-3 SEA, which decision is
incorporated herein as if set forth in full. The court determined, inter alia, that "the City of
Bellevue has the authority to regulate the location and density of marijuana retail outlets
within its boundaries, including through the adoption and enforcement" of a requirement
that a retail marijuana outlet cannot be located within 1,000 feet of another retail marijua.na
outlet; and that "the City has the authority to develop and apply processes for enforcing"
a 1,000 foot separation requirement, including through use of a first-in-time determination
based on the date and time of issuance of the state liquor control board license or
conditional license, whichever is issued first; and
WHEREAS, with the passage of 2SSB 5052 and 2E2SHB 2136, and consistent
with eourt decisions the City has the authority to cegulate the location and density of
marijuana production, processing, distribution, and retail sales within its boundaries; and
WHEREAS, the establishment and/or licensing of marijuana uses may allow new
uses that are incompatible with nearby existing land uses and lead to erosion of
community character and harmony; and
WHEREAS, the presence qf large amounts of cash and/or marijuana makes retail
outlets and other marijuana facilities a potential target of violent crime, including robberies
and burglaries, thereby placing area residents, business owners, and others in danger of
bodily harm, and increasing police enforcement risks and costs; and
WHEREAS, there may be other harmful secondary effects to public health, safety,
morals, and welfare as a result of marijuana produc#ion, processing, disfribution, and retail
sales, which effects include but are not limited to loitering, odors, crime, and other
behaviors that may be inconsistent with the character of the surrounding neighborhood;
and
Ordinance No. 6642
June 8, 2017
Page 7ORD.A Page 48 of 140
WHEREAS, it is critical to the public safety and economic vitality of the City to
ensure the impacts of business obtaining a license from the WSLCB to produce, process,
or sell marijuana are minimized; and
WHEREAS, the City Council deems it to be in the public interest to establish
permanent regulations regarding where marijuana producers, processors, and retail uses
may be located in the City of Aubum; and
WHEREAS, the City has a compelling interest in the protection of the health and
safety of all its residents, as well as a compelling interest in ensuring that the goals and
policies contained within the Comprehensive Plan and other policy/planning documents
are fulfilled; and
WHEREAS, ACC 14.03.060, Legislative Non-Project Decisions, specifies that
legislative non-project decisions made by the city council under its authority to establish
policies and regulations are not classified as a "type" of project permit decision and that
legislative non-project decisions include, but are not limited to amendments to the text
and map of the comprehensive plan or development regulations; and
WHEREAS, the Planning Commission held work sessions on February 22, 2017,
March 21, 2017, and May 2, 2017 and conducted a properly noticed public hearing (s)on
June 6, 2017 for the proposed amendments to Title 18 (Zoning) and Title 5 (Business
Licenses) of the Auburn City Code contained herein; and
WHEREAS, on June 6, 2017 the Planning Commission deliberated, made
amendments, and voted to recommend adoption of Ordinance 6642 to the Auburn City
Council; and
WHEREAS, the City Council finds that the proposed amendments were processed
in accordance with applicable standards of Chapter 18.68, Amendments, of the Auburn
City Code and are consistent with the Comprehensive Plan, enhance the public health,
Ordinance No. 6642
June 8, 2017
Page 8ORD.A Page 49 of 140
safety, and welfare, and are not contrary to the best interest of the residents, citizens,
property owners and businesses ofthe City of Auburn; and
WHEREAS, the City of Auburn has complied with the State Environmental PolicyAct (SEPA); Chapter 43.21 C RCW, and the City's Environmental Review Procedures,
Chapter 16.06 ACC through issuance of a Determination of Non-Significance on May 12,2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Recitals Adopted. That#he 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. Repeal of Moratorium. That the moratorium specified in
Sections 9 of Ordinance No. 6613 is automatically expired on the effective date of this
Ordinance consistent with the applicable provision of Section 10 of Ordinance No. 6613
that specifies that the moratorium shall automatically expire upon the effective date of
zoning and land use regulations adopted by the City Council #o address the
implementation of the State's licensing of any marijuana/cannabis related business to be
located in the City of Auburn.
Section 3. Amendment#o City Code. That Section 5,20.020 of the Auburn City
Code be and the same hereby is amended to read as follows:
5.20.250 Marijuana related activities.
A. Definitions.
Marijuana cooperative" means up to four qualifying patients, as defined byRCW69.51A.010(19), who share responsibility for acquiring and supplying the resourcesneededtoproduceandprocessmarijuana, including tetrahydrocannabinols orcannabimimeticagents, only for the medical use of inembers of the cooperative and notforprofit.
Ordinance No. 6642
June 8, 2017
Page 9
ORD.A Page 50 of 140
2. "Marijuana related business" means a person or entity engaged in for-profit
activity that includes the possession, cultivation, production, processing, distribution,
dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined bytheControlledSubstancesAct, codified at 21 USC Section 812, including marijuana
retailers, marijuana processors, and marijuana producers, as defined herein.
a. "Marijuana processor" mea.ns any person or entity licensed by theWashingtonStateLiquorandCannabisBoardtoproeess, package, and label marijuana
concentrates, including tetrahydrocannabinols or cannabimimetic agents, in accordanee
with the provisions of Chapters 65.50 and 69.51A RCW and Chapter 314-55 WAC.b. "Marijuana producer" means any person or entity licensed by theWashingtonStateLiquorandCannabisBoardtoproducemarijuana, includingtetrahydrocannabinolsorcannabimimeticagents, for wholesale to marijuana processors
and other marijuana producers pursuant to RCW 69.50.325.
c.Marijuana retailer'' means an y person or entity established for the purpose
of making marijuana concentrates, usable marijuana and marijuana-infused products,
including tetrahydrocannabinols or cannabimimetic agents, available for sale to adultsaged21andover.
d. "Marijuana researcher" is a position licensed by the Washington State
Liquor and Cannabis Board that permits a licensee to produce, process, and possess
marijuana for the limited research purposes set forth in RCW 69.50.372. °+
e. "Marijuana transporter" is a position licensed by the Washington State
Liquor and Cannabis Board pursuant to WAC 314-55=310 that allows a licensee to
physically transport or deliver marijuana, marijuana concentrates, and marijuana-infusedproductsbefinreenlicensedmarijuanabusinesseswithinWashingtonState. * !n+
B. License Application — Qualification — Requirements to Apply. In addition totheinformationrequiredtobeincludedwithanapplicationformpursuanttoACC5.10.040(A), an application for a license for a marijuana related business shall alsoinclude:
1. License. Each application for a marijuana related business shall be
accompanied by a current, valid license to operate
3sesse issued by the Washington State Liquor and Cannabis Board#e a a
Ordinance No. 6642
June 8, 2017
Page 10
ORD.A Page 51 of 140
normi+ r h cin000 linon o ii4hin ho ni i f A h rr
r
r
h If onv m riii r ro il h inec. h} i•linor c orJ n 4ho hnoi f nri ri+v no
si.
f i f
f
f f
1" f
f f
f
2. Security Requirements. Each application for a marijuana related business
shall be accompanied by documentation of compliance with the security requirements of
WAC 314-55-083(2) and (3).
3. Fingerprints. Each application for a marijuana related business shall be
accompanied by a complete sefi of fingerprints of all managers and owners of the
business, utilizing fingerprint forms as prescribed by the chief of police.
4. Crime Prevention Throuqh Environmental Desiqn (CPTED) Review. Each
application for a mariivana related business shall be required to complete a CPTED
review bv the Auburn Police Department and to implement anv CPTED measure directed.
Each applicant shall be reauired to provide certification of CPTED completion, as well as
evidence of compliance with required CPTED measures.
5. Compliance with Zoning Code. Each application for a mariivana related
business shall be repuired to provide eertification that the proposed location complies with
all applicable provisions of ACC 18.59.03D and 18.59.110. In the event that certification
of compliance with the provisions of ACC 18.59.030 requires investiqation of exisfinq land
uses within an adioininq municipalitv, the applicant shall provide documentation from the
relevant municiqalitv that the qroposed location meets the reQuirements of ACC
18.59.030.
6. Release of Liabilitv and Hold Harmless. Each application for a mariivana related
business shall be reauired to provide an executed release in a form approved by the
Auburn Citv Attornev's Office to the Citv of Auburn, for itself, its agents, officers elected
officials and emplovees from anv iniuries, damaqes, or liabilities of anv kind that result
Ordinance No. 6642
June 8, 2017
Page 11ORD.A Page 52 of 140
from anv arrest or prosecution or seizure of propertv or liabilities of anv kind that resultfromanarrestorrosecutionforviolationsoffederalorstatelawrelatintooerationorsitinaofamariivanarelateduseandbusinessAdditionallvwithinthereleasedocumentthepermitteeofamanivanauseshallindemnifvandholdharmlesstheCitvofAuburnanditsaentsofficerselectedofficialsandemloeesfromanclaimsdamaesoriniuriesbrouahtbvadiacentpropertvownersorotherthirdpartiesduetooperationsatthemariuanauseandforanclaimsbrouhtbanofthemariuanause's membersIemploveesaaentsauests, or invitees for problems iniuries damaaes or liabihtv of anykindthatmavariseoutoftheoperationofthemariuanauseC. License Regulations.
Access by City Officials. All city officials shall have free access to marijuanarelatedbusinesseslicensedundertheprovisionsofthischapterforthepurposesofinspectingandenforcingcompliancewiththeprovisionsofthischapter, includina periodicCPTEDreviewandcomliancewithreuiredCPTEDmeasuresasdirectedbtheAuburnPoliceDenartment.
2. Entry Prohibitions for Certain Persons. It is unlawful for the owner,proprietor, manager, or person in charge of any marijuana related business licensedundertheprovisionsofthischapter, or for any employee of said place, to allow entry oradmissiontoanypersonundertheageof21yearsofage, any lewd or dissolute person,any drunken or boisterous person, or any person under the influence of any intoxicant.3. Law Enforcement Officers Enfry Right. It is unlawful for the owner,proprietor, manager or person in charge of any marijuana related business licensed undertheprovisionsofthischaptertorefuseadmissiontoanypeaceofficerofthecityorofthestate, or any officer of the United States goyemment charged with the duty of enforcingthepolicelawsoftheUnitedStates. Said officers shall have free access at all times toanymarijuanarelatedbusinesseslicensedundertheprovisionsofthischapter.4• Operation Regulations. All marijuana, including tetrahydrocannabinols orcannabimimeticagents, equipment and all cultivation, processing, production, storage orsalesshallbeconductedentirelyinsidebuildings. Any perimeter fencing intended forsecuritypurposesshallmeettherequirementsofthecityofAuburnandofthestateofWashingtonapplicablethereto.
5. State Statute Compliance. All marijuana related businesses licensed undertheprovisionsofthischaptershallalsocomplywithChapters69.50 and 69.51A RCW,and Chapter 314-55 WAC, as applicable. (Ord. 6613 § 3, 2016.)
Section 4. Amendment to City Code. That Section 18.07.020 of the Auburn
City Code be and the same hereby is amended to read as follows:.
Ordinance No. 6642
June 8, 2017
Page 12
ORD.A Page 53 of 140
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative G=Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
A. Residential Uses.
Accessory dwelling u.nits P P P P X X X
Accessory use, residential P P P P P P P
Adult.family home p p P P P P P
Bed and breakfast P P P P F P p
Communal residence four or less indiyiduals P P P P P P P
Duplexes;provided, that minimu.m lot size of
zoning designafion is met and subjeet to X X A P P P XcompliancewithChapter18.25 AGC(Infill
Residential Development Standards)
Foster care homes P P P P P P P
Group residence facilities(7 or more X X X X C C Cresidents)
Group residence facilities(6 or fewer
residents) P P P P P P p
Keeping of animals^ PZ PZ PZ PZ P2 PZ PZ
Multiple-family dwellings X X X X A P P
Neighborhgod recreational buildings and
facilities owned and.managed by the A6 As A6 A6 A6 P Pneighborhoodhomeowners' association
Use as dwelling units of(1)reereational
vehicles that ace not part of an approued
recreational vehicle park, (2)boats, (3) X X X X X X X
automobiles, and (4)other vehicles
Renting of rooms, for lodging purposes only,
to accommodate not more than two pe sons
P P P P P P pinadditiontothefa.mily or owner occupied
unite
Residential care facilities including but not
limited to assisted living facilities,
p p X X A P PconValescenthomes, continuing care
retirement facilities
Ordinance No. 6642
June 8, 2017
Page 13
ORD.A Page 54 of 140
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P=Permitted A=Administrative C=Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Single-family detached dwellings, new P P P P P P X
Supportive housing, subject to the provisions
X X X X X P PofACC18:31.160
Swimming pools,tennis courfs and similar
outdoor recreation uses only accessory to P P P P P P P
residential or parK uses
Townhouses(attached) X X X X P P P
B. Commercial Uses.
Commercial horse riding and bridle trails A X X X X X X
Commercial retail, included as part of mixed-
use development and not a home occupation X X X X A A A
in compliance with Chapter 18.60 ACC
Daycare, limited to a mini daycare center.
Daycare center, preschool or nursery school
X A A A A A Amayalsobepermittedbutmustbelocated
on an arterial
H,orne-based daycare as regulated by RCW
35.63.185 and through receipE of approved P P P P P P P
city business license
Home occupations subject to compliance
P P P P P P PwithChapter18.60 ACC
IMariivana cooperative X X X X X X X
IMariivana processor X X X X X X X
IMariivana producer X X X X X X X
IMariivana related businesses X X X X X X X
Mariivana researcher X X X X X X XI
IMariivana retailer X X X X X X X
IMariivana transporter business X X X X X X X
Mixed-use development3 X X X X P P P
Ordinance No. 6642
June 8, 2017
Page 14ORD.A Page 55 of 140
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Perm.itted A=Administrative C=Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Nursing homes X X X X C C C
Private country clubs and golf courses,
excluding driving ranges X X C C C X X
Privately owned and operated parks and
playgrounds and not homeowners' X A A A A P P
association-0wned rec.reational area
Professional offices, included as part of
mixed-use development and not a home
X X X X A A Aoccupa#io.n in compliance with Chapter 18.60
ACC
C. Resource Uses.
Agricultural enterprisei
When 50 percent,or more, of the total site
area is dedicated to active agricultural
production during the growing season, and A X X X X X Xwith52orlessspecialeventspercalendar
year
When less than 50 percent of the total site
area is dedicated to active agricultural
production du.ring the growing season, or with C X X X X X Xmorethan52specialeventspercalendar
year
Agricultural type uses are permitted provided
they are incidental and secondary to#he
single,family use:
Agricultural crops and open field growing p X X X X X Xcommercial)
Barns, silos and related structures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing4 P X X X X X X
Public and private stables4 P X X X X X X
Roadside stands,for the sale of agricu.ltural
products raised on the premises.The stand
P X X X X X X
Ordinance No. 6642
June 8, 2017
Page 15
ORD.A Page 56 of 140
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C=Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
cannot exceed 300 square feet in area and
must meet the applicable setback
requirements
Fish hatcheries C X X X X X X
D. Government, Institutional,and Utility Uses.
Civic, social and fraternal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals(except an.imal hospitals) X X X X X C C
Municipal parks and playgrounds A p p p p p P
Museums X X X X A A A
Religious institutions, less than one acre lot
A A A A A A Asize
Religious institutions, one acre or larger lot C. C C C C C Csize
Transmitting towers C C C C C C C
Type 1-D wireless communication facility P p P P P P PseeACC18.04.912(J))
Utility facilities and substations CS CS C5 C5 CS CS C5
1.An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC18.31.120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use
making up part of a mixed-use development requires an administrative or conditional use permit, the
individual use must apply for and receive the administrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is
regulated by the King or Pierce County board of health, and property owners shall comply with theprovisionsoftheKingCountyboardofhealthcode.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6.Administrative use permit not required when approved as part of a subdivision or binding site plan.
7.Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210,Agricultural enterprises development standards.
Ordinance No. 6642
June 8, 2017
Page 16
ORD.A Page 57 of 140
8. An owner occupant that rents to more than two persons but no more than four persons is required to
obtain a city of Auburn rental housing business license and shall meet the standards of the International
Property Maintenance Code.
Ord.6600§9, 2016; Ord. 6565§ 2, 2015; Ord. 6560§9, 2015; Ord. 6477§8, 2013; Ord. 6369§ 2, 2011;
Ord. 6363§ 3, 2011; Ord. 6269§ 3, 2009; Ord; 6245§5, 2009.)
Section 5. Amendment to City Code. That Section 18.09.020 of the
Aubum City Code is hereby amended as follows:
18.09:020 Uses.
Permitted Use Table—Residential Zoning Designations
Land Use R-MHC Zone
A Manufactured/Mobile home cornmunity P
B Residenfial accessory use p
C Manufactured/Mobile home commu.:nity accessory use P
D Keeping of not more than six household pets.This lim..it shall not apply to
Pbircls,fish, or suckling young of pets.
E Home-based daycare p
F Daycare limited to a mini dayeare center, daycare center, or
A
preschool/nursery school
G Mariivana cooperative X
H Mariivana processor X
I Mariivana producer X
J Mariivana related businesses X
K Mariivana researcher X
L Mariivana retailer X
M Mariivana transporter business X
P=Permitted Use
A=Use may be permitted in district when an administratiVe use permit has been issued pursuant to
the proVisions of Chapter 18.64 ACC.
C = Use may be permitted in district when a conditional use permit has been issued pursuant to the
proVisions of Chapter 18.64 ACC.
X=Prohibited
Also see ACC 18.02.120 for further n.rles on interpretation.(Ord...6269§4,2009;Ord.6245§6,
2009.)
Section 6. Amendment to City Code. That Section 18.21.010 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.21.010 Lea Hill overlay.
A. Purpose. The purpose of this seetion is to provide for additional
development standards to address the area commonly referred to as the Lea Hill
annexation area, as annexed under city of Auburn Ordinance Nos. 5346 and 6121, and
identified on the city of Aubum comprehensive zoning map. While the intent is that the
development standards for zones in the Lea Hill annexation area will be similar to (if not
Ordinance No. 6642
June 8, 2017
Page 17ORD.A Page 58 of 140
the same as) corresponding zones in other areas of the city, some variations are neededtorecognizepreviousdevelopmentallowedbyKingCountyzoning. Unless otherwise
provided for in this section, all other provisions and requirements of this title shall applytopropertieswithintheLeaHilloverlay.
B. Development Standards — Lots Previously Approved.1. For any residential lot that had received final plat approval, final short plat
approval, or preliminary plat approval or that King County had received and determinedtheapplicationcompleteforapreliminaryplatorshortplat, prior to the effective date of
annexation into the eity of Auburn, the development standards in the following table sha11apply. The property owner/applicant shall be responsible to provide to the city evidenceofthesepreviousapprovals.
2. Any further subdiyision of any lot and its subsequent use must conform tothepermittedusesandstandardsreferencedintheapplicablezoningchaptersofthistitle, except as modified by this section. For farm animals, subsection E of this section orsubsection18.31.210 shall apply.
Min M n Setbacks* Building Height
Lot q ea
Min Lot Max Lot
Zone Area
Sq Width Coverage Front Rear Side, Side,
FS' Ft. per
Ft') (%) Ft.) (Ft.) F ior (tjet Ft Accessory(Ft.)
Unit)
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5_ 2;500 N/A 30 35 10 5 5 10 35 16
R-7 2,50.0 6,000 30 35 10 5 5 10 35 16
R-10 2,500 4;300 30 40 10 5 5 10 35 35
R-16_ 2,500 2,700 30 55 10 5 5 10 35 35
R+20 2,500 2,175 30 55 10 5 5 10 35 35
Garages and othe similar structures with a vehicular access require a 20-foot setback from any street.
C. Prior King County Approvals. The city of Auburn will recognize the terms of
any King County-approved plat, PUD, conditional use permit, contract rezone or similar
contractual obligafions that may have been approved prior to the effective date of the
annexation of the subject property. The conditions of any project that was approved byKingCountyshallberequiredtobefulfilledinthecityofAuburn.D. Planning Director Authorization. The planning director shall be authorizedtointerpretthelanguageofanyKingCountypermit, plat or condition thereof andeffectuatetheimplementationofsametothefullestextentpossible. If there is a conflictbetweenapreyiousKingCountyapprovalandtheAuburnregulationthenthemost
restrictive provision shall apply as determined bythe planning director.E. Farm Animals.
1. For properties greater than an acre in the R-1, R-5 and R-7 zones, it is
permissible to keep farm animals (excluding goats and swine in the R-5 and R-7 zones);
provided, there shall not be more than one horse, cow, donkey or other similar large
animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals
Ordinance No. 6642
June 8, 2017
Page 18
ORD.A Page 59 of 140
per each acre of enclosed usable pasture or roaming area. This acreage requirement isinadditiontotheminimumlotsizerequirementsofthezone. Property owners of morethananacreintheLeaHillOverlaymaychoosetoapplythesestandardsorthestandardsinsubsection18.31.210.
2. Shelters provided for farm animals shall be constructed no closer than 50feetfromanyadjoininglotandshallbe100feetfromanypublicstreetoralley. Any corral,
exereise yard, or arena shall maintain a distance of 35 feet from any property line. Thisexcludespasturearea.
3. For those properties that do not meet the requirements of subsection (E)(1)
of this section, and farm animals were present prior to annexation, the farm animals mayremainaslegalnonconforminguses. In such case the number of farm animals allowedmaybethesameaswhatthecountyzoningprovisionshadallowedpriortotheeffectivedateoftheannexationofthesubjectproperty.
F. Lot Averaging — R-1 Zone. It may be possible to subdivide land in the R-1
zone into lots smaller than 35,000 square feet if the property has a significant amount of
non-buildable land due to steep slopes, wetlands or similar features that would be in the
public's best interest to maintain. The following regulations shall apply in situations wherelotaveragingispermittedorrequired:
1. At least 50 percent of the subdivision must be set aside as open space:Critical areas(i.e., steep slopes, wetlands)can count towards the 50 percent requirement:Maintenance of the open space tract or easement shall be the responsibility of thepropertyownerand/or a homeowners' association.
2. The number of allowable lots in a subdivision shall be determined bymultiplyingthetotalnumberofacresinthesubdivisionbyone. Any fraction shall be
rounded to the nearest whole number with one-half being rounded up.3. The minimum size of any lot shall be 8,000 square feet. For lots less than35,000 square feet, the minimum lot width shall be consistent with the requirements oftheR-5 zone (Chapter 18.07 AGC). All other applicable development standards relatedfotheR-1 zone will continue to apply.
4. Lots within the subdivision shall be clustered so as to provide for continuityofopenspacewithinthesubdivisionand, where possible, with adjoining parcels.5, Each lot wi#hin a subdivision shall illustrate a building area within which thehouse, accessory structures, and parking areas shall be constructed. The building areashallbeexclusiveofsetbacks, non-buildable areas or any required buffers from the non-
buildable areas. Any preliminary plat, final plafi or short pla# shall illustrate the buildingareaforeachlot. Any future construction will be limited to the identified building area.6. A native growth protection easement or similar device, which may includeprovisionsforthelimitedremovalofvegetationandpassiveuseoftheeasement, that
perpefually protects the non-buildable areas must be reeorded with the final plat or shortplat.
I G. All mariivana related businesses and mariivana cooperatives are prohibitedlanduseswithintheLeaHilloverlav (Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.)
Section 7. Amendment to City Code. That Section 18.21.020 of the Aubum
Gity Code be and the same hereby is amended to read as follows:
Ordinance No. 6642
June 8, 2017
Page 19
ORD.A Page 60 of 140
18.21.020 West Hill overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area commonly referred to as the 1Nest Hill
annexation area, as annexed under city of Auburn Ordinance No. 6122 and identified on
the city of Auburn comprehensive zoning map. While the intent is that the development
standards for zones in the West Hill annexation area will be similar to (if not the same as)
corresponding zones in other areas of the city, some variations are needed to recognize
previous development allowed by King Gounty zoning. Unless otherwise provided for in
this section, all other provisions and requirements of this title shall apply to propertieswithintheWestHilloverlay.
B. Development Standards— Lots Previously Approved.
1. For any residential lot that had received final plat approval, final short plat
approval, preliminary plat approval or that King County had received and determined the
application complete for a preliminary plat or short plat, prior to the effective date of
annexation, the deVelopment standards in the following table shall apply. The propertyowner/applicant shall be responsible to provide evidence of these previous
approvals/decisions.
2. Any further subdivision of any lot and its subsequent use must conform to
the permitted uses and standards referenced in the applicable zoning chapters of this
fitle, except as modified by this section. For farm animals, subsecfion E of this section or
subsection 18.31.210 shall apply,
Setbacks* Building HeightMinLotMinLotMinLotMaxLot
Zone Area(Sq. Area(Sq. Width Coverage Front Rear Side,
Side, Main AccessoryFt.) Ft. per Unit) (Ft.) (%a) Ft.) (Ft.) Interior
Street(Ft.) (Ft.) (Ft.)Ft.)
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5 2,500 N/A 30 35 10 5 5 10 35 16
R-7 2,500 6,000 30 35 10 5 5 10 35 16
Garages and other similar strucfures with a vehicular access require a 20-foot setback from any street:
C. Prior King County Approvals. The city of Auburn will recognize the terms of
any King County-approyed plat, PUD, conditional use permit, contract rezone or similar
contractual obligations that may have been approved prior to the effective date of the
annexation of the subject property. The conditions of any project that was approved byKingCountyshallberequiredtobefulfilledinthecityofAuburn.
D. Planning Director Authorization. The planning direclor shall be authorizedtointerpretthelanguageofanyKingCountypermit, plat or condition thereof and
effectuate the implementation of same to the fullest extent possible. If there is a conflict
between a previous King County approval and the Auburn regulation, then the most
restrictive provision shall apply as determined by the planning director.
E. Farm Animals.
1. For properties greater than an acre in the R-1, R-5 and R-7 zones within the
West Hill overlay, it is permissible to keep farm animals (exeluding goats and swine in theR-5 and R-7 zones); provided, there shall not be more than one horse, cow, don_key or
Ordinance No. 6642
June 8, 2017
Page 20
ORD.A Page 61 of 140
other similar large animal, or four small animals such as sheep, or 12 poultry, rabbits, or
similar size animals per each acre of enclosed usable pasture or roaming area. This
acreage requirement is in addition to the minimum lot size requirements of the applicable
zone. Property owners of more than an acre in the West Hill Overlay district may choose
to apply these standards, or the standards in subseetion 18.31.210.
2. Shelters provided for farm animals shall be constructed no closer than 50
feet from any adjoining lot and no closer than 100 feet from any public street or alley. Any
corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line.
This excludes pasture areas.
3. For those properties that do not meet the requirements of subsection (E)(1)
of this section, and farm animals were present prior to annexation, the farm animals may
remain as legal nonconforming uses. In such case, the number of farm animals allowed
may be the same as what the county zoning provisions had allowed prior to the effective
date of the annexation of the subject property.
I F. All mariivana related businesses and mariivana cooperatives are prohibited.
land uses within the West Hill overlav. (Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.)
Section 8. Amendment to City Code. That Section 18.21.030 of the Auburr
City Code be and the same hereby is amended to read as follows:
18.21.030 Urban separator overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area designated as urban separator in the city's
comprehensive plan, as prescribed in the interlocal agreement between the city and King
County approved under city of Aubum Resolution No. 4113 and identified on the city of
Aubum comprehensive land use map. Unless otherwise provided for in this section, all
other provisions and requirements of this title shall apply to properties within the urban
separator overlay.
B. Development Standards. For property located within a designated urban
separator, lot averaging shall be required. The regulations of ACC 18.21.010(F) shall
apply in situations where lot averaging is used.
I C. All mariivana related businesses and mariivana cooperatives are prohibited
land uses within the Urban Separator Overlav. (Ord. 6369 § 3, 2011; Ord. 6245 § 13,
2009.)
Section 9. Amendment to City Code. That Section 18.23.030 of the Auburn
City Gode be and the same hereby is amended to read as follows:
18.23.030 Uses.
A. General Permit Requirements: Table 18,23.030 identifies the uses of land
allowed in each commercial and industrial zone and the land use approval process
required to establish each use.
B. Requirements for Certain Specific L.and Uses. Where the last column in
Table 18.23.030 ("Standards for Specific Land Uses") includes a reference to a code
section number, the referenced section determines other requirements and standards
Ordinance No. 6642
June 8, 2017
Page 21ORD.A Page 62 of 140
applicable to the use regardless of whether it is permitted outright or requires an
administrative or conditional use permit.
Table 18.23.030 Permitted,Administrative, Conditional and Prohibited Uses by Zone
PERMITTED,ADMINISTRATIVE, CONDITIONAL AND FROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—Adminisfrative
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land Uses
C-N C-1 G2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTl1RING AND PROCESSING, WHOLESALING
Building eontractor, light X X X P X P X P
Building contractor, heavy X X X X X A X P
Manufacturing, assembling and packaging X X X P X P P P AGC 18.31.180
Light intensity
Manufacfuring, assembling a.nd packaging X X X A X P A P ACC 18.31.180
Medium intensiry
Manufacturing, assembling and packaging X X X X X X X A ACC 18.31.180
Heavy intensiry
Mariivana processor X X X X X C C C ACC 18.59
Mariivana producer X X X X X C C C ACC 18.59
Mariivana researcher X X X X X C C C ACC 18.59
Mariivana retailer X X X C X C C C ACC 18.59
Mariivana transporter business X X X X X C C C ACC 18.59
Outdoo storage, incidenfal to principal X X X P X P P P ACC 18.57.020(A)
permitted use on property
Storage—Personal household storage X P X P X P X P ACC 18.57.020(B)
fa.cility(m.ini-storage)
Warehousing and disfribution X X X X X P P C ACC 18.57A20(C)
Warehousing and disfribufion, bonded and X X X P X P P P
located within a designated foreign trade
zone
Wholesaling with on-site retail as an X X X P X P P P
incidental use(coffee, bakery, e.g.)
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation facility, indoor X P P P P P P A
Commercial recreation facility, outdoor X X X A X P A A ACC 18.57.025(A)
Conference/convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or private A P P P X A P A
Ordinance No. 6642
June 8, 2017
Page 22ORD.A Page 63 of 140
Table 18.23.030 Permitted,Administrative, Conditional and Prohibited Uses by Zone
PERMITTED,ADMINISTRATIVE, C.ONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—Administrative
X—Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses
C-N C-1 G2 G-3 C-4 M-1 EP M 2
Movie theater, except drive-in X P P P P X X X
Private sehool—Specialized A A P P P P P Peducation/training(for profit)
Religious institutions, lot size less than one A P P P A A A
acre
Religious institutions,lot size more than C P P P A A A A
one acre
ezually oriented businesses X X X P X P X P Chapter 18.74 ACC
Sports and entertainriment assembly facility X X A A X A X A
Studio—Art; dance, martial arts, music, etc. P P P P P P A A
RESIDENTIAL
Caretaker apartment X P P P X p p p
Live/work or worK/live unit X P P P P P P X
IMariivana Cooperative X X X X X X X X
Multiple-family dwellings as part of a mixed- X P P P P P P X ACC 18.57.030(A)use development
Multiple-family dwellings, stand-alone X X X X X X X X ACC 18.57.030(B)
Nursing home, assisted living facility X P P P C X X X
Senior housing X A A A X X X X
RETAIL
Building and landscape materials sales X X X P X P X P ACC 18.57.035(A)
Construction and heaVy equipment sales X X X X X A X Pandrental
Gonvenience store A A P P X P P P
Drive-through espresso stands A A A P A P A A
Dri e-through facility, including banks and A A A P P P X P ACC 18.52.040restaurants
Entertainment, commercial X A P F X A X A
Groceries, specialty food stores P P P P P P P X ACC 18.57.035(B)
Nursery X X X P A P X P ACC 18.57.035(C)
Ordinance No. 6642
June 8, 2017
Fage 23
ORD.A Page 64 of 140
Table 18.23.030 Permitted;Administrative,Conditional and Prohibited Uses by Zone
PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
G—Gonditional
A—Administrative
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land Uses
C-N C-1 C=2 C-3 C-4 M-1 EP M-2
Outdoor displays and sales associated with P P P P P P P P ACC 18.57.035(D)
a permitted use(auto/vehicle sales not
included in this category)
Restaurant, cafe, coffee shop P P P P P P P P
Retail
Community retail establishment A P P P P P X P
Neighborhood retail establishment P P P P P P X P
Regiona.l retail establishment X X X P P P X A
Tasting room P P P P P P P P
Tavern P F X P P P X A
Wine production faciliry, small craft A P P P P P P P
distillery, small craft brewery
SERVICES
Animal daycare(excluding kennets and A A A P A P X P ACC 18.57.040(A)
animal boarding)
Animal sales and services(excluding P P P P P P X P ACC 18.57.040(B)
kennels and veterinary clinics)
Banking and related financial institutions, P P P P P P P P
excluding drive-through facilities
Catering service P P P P A P A P
Daycare, including mini daycare, daycare A P P P P P P X
center, preschools or nursery schools
Dry cleaning and laundry service(personal) P P P P P P P P
Equipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
GovernmenYfacilities,this excludes offices A A A A A A A A
and related uses that are permitted outright
Hospital X P P P X P X P
Lodging—Hotel or motel X F P P P A P A
Medical—Dental clinic P P P P P P X X
Mortuary,funeral home, crematorium A P X P X P X X
Personal service shops P P P P P P X X
Ordinance No. 6642
June 8, 2017
Page 24
ORD.A Page 65 of 140
Taple 18.23.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—Administrative
X—Prohibited
Zoning Designation Standa.rds for
LAND USE Specific Land Uses
C-N C-1 G2 C-3 C-4 M-1 EP M-2
Pharmacies P F P P P X X X
Print and copy shop P P P P P P X X
Prin#ing and publishing(of books, X A P P P P P P
newspaper and other printed matte.r)
Professional offices P P P P P P P P
Repair service—Equipment, appliances X A P P P P X P ACC 18.57.040(D)
Veterinary clinic, animal hospital A P P P P P X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and specialized X X X A X P X P
transportation facility
Broadcasting studio X P X P X P X P
Helipgrt X X X C X C X C
Moto freight terminal ' X X X X X X X X See Footnote No: 1
Parking fa.ci.l.ity, public or commercial, X P P P P P P X
surface
Parking facility, public or commercial, X P P P P P P X
structured
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Utiliry transmission or distribution line or A A A A A A A A
substation
Wireless communication facility(WGF) — — — — — — — — ACC 18.04.912,
18.31.100
VEHICLE SALES AND SERVICES
Automobile washes(automatic,full or self- X A X P P P X P ACC 18.57.050(A)
service)
Auto parts sales with installation services X A A P P P X P
Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(B)
Fueling station X A A P P P X P ACC 18.57.050(C)
Mobile home, boat,or RV sales X X X P X P X P
Vehicle services—Repair/body work X X A P X P X P ACC 18.57.050(D)
OTHER
Ordinance No. 6642
June 8, 2017
Page 25ORD.A Page 66 of 140
Table 18.23.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone
PERMITTED,A.DMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—Administrative
X—Prohibited
Zoning Designation Standards forLANDUSESpecificLand Uses
C-N C-1 G-2 C-3 C-4 M-1 EP M-2
Any commercial use abutting a residential A A A A A A A A
zone whicfi has hours of operations outside
of the following: Sunday: 9:00 a.m. to 10:00
p.m_. or Monday—Saturday: 7:00 a.m. to
10:00 p:m.
OrcJ. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
Section 10. Amendment to City Code. That Section 18.29.050 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.29.050 Use limitations.
Hereafter, all buildings, structures or properties may be used for any use, unless
specifically prohibited herein. Ground floor retail, restaurants and/or office use is requiredforallbuildingfrontagesfacingMainStreet. All uses shall be subject to review andapprovalbythedirector. The following uses are prohibited:
A. Sexually oriented businesses as defined in Chapter 18.74 ACC.B. Taverns.
C. All industrial uses as defined in the North American Industrial ClassificationSystem (1997 Edition), eategories 48 —49 (transportation), 31 — 33 (manufacturing) and42 (wholesale).
D. Outdoor storage of materials and equipment (except during activeconstructionprojects).
E. New automobile maintenance and repair businesses.F. Work release facilities; secure community transition facilities.G. Wrecking yards.
H. Solid waste transfer stations.
I.Car washes.
J.New gasoline stations.
K. Street-level ministorage.
L. Outdoor sales of vehicles, boats or equipment.
M. Drive-in/drive-through facilities with direct vehicular driveway access ontoMainStreet.
IN. All Mariivana Related Businesses and Mariivana Cooperatives.O. Other uses may be prohibited by the director if the use is determined to beineonsistentwiththeintentofthiszoneorisofthesamegeneralcharacteroftheotherprohibiteduseslistedinthisseetion. (Ord. 6071 § 6 [Exh. A], 20D7.)
Ordinance No. 6642
June 8, 2017
Page 26
ORD.A Page 67 of 140
Section 11. Amendment to City Code. That Section 18.35.030 of the Aubum
City Code be and the same hereby is amended to read as follows:
18:35.30 Uses.
A. General permit requirements. Table 18.35.030 identifies the uses of land
allowed in each special purpose zone and the planning permit required to establish each
use.
B. Requirements for certain specific land uses. Where the last column in Table
18.35.030 ("Standards for Specific Land Uses") includes a section number, the
referenced section determines other requirements and standards applicable to the use
regardless of whether it is permitted outright or requires an administrative or conditional
use permit.
Table 18.35.030 Permitted,Administrative, Gonditional and Prohibited Uses by Zone
Permitted,Administrative, Conditional and Prohibited Uses by Zone P—Permitted
C—Conditional
A—Administrative
X—Prohib'ited
Zoning Designations Standards for SpecificLANDUSE
RO RO-H P-1 I Land Uses
MARIJUANA RELATED BUSINESSES
Mariivana processor X X X X
Mariivana producer X X X X
Mariivana researcher X X X X
Mariivana retailer X X X X
Mariivana transoorter business X X X X
PUBLIC
Animal s.helter, public X X P X
Government facilities, this excludes offices and A A P P
related uses that are permitted outright
Municipal parks and playgrounds P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds and recreational vehicle parks, private X X X P
Cemetery, public X X P A
Cemetery, private X X X A
College, university, public X X A A
Commercial recreation faciliry—Indoor X X X P
Commercial recreation facility—Outdoor X X X A ACC 18.57.025(A)
Conference/convention faciliry X X X A
Library, museum X X P P
Ordinance No. 6642
June 8, 2017
Page 27ORD.A Page 68 of 140
Table 18.35.030 Permitted,Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P—Permitted
C—Conditional
A—Administrative
X—Prohibited
LAND USE Zoning Designations Standards for Specific
RO RO-H P-1 I Land Uses
Meeting facility, public or private A A P P
Private school—specialized education/training(for P P X P
profit)
Public schools(K-12)and related facilities X X P P
Religious institutions, lot size less than one acre A P X P
Religious institutions, lot size more than one acre C A X P
Studio—Art,dance, martial arts, music, etc. P X X X
RESiDENTIAL
Duplex P(1) X X A
Mome occupation P P X P Chapter 18.60 AGC
Live/work,work/live unit A P X A
IMariivana C000erative X X X X
Multiple-fam.ily dwellings, stand-alone P(2) A(3) X A
One detached single-family dwelling P X X X
Nursing home, assisted living facility A A X P
Senior housing A A X A
RETAIL
Restaurant, cafe, coffee shop, excluding drive- A A P A
through facilities
SERVICES
Banking and related financial institutions, excluding P P X X
drive-through facilities(4)
Daycare, including mini daycare, daycare center, A P X P
preschools or nursery schools
Home-based daycare P P X P
Medical services—Clinic or urgent care(4) P P X X
Mortuary, funeral home, crematorium X P X X
Profess.ional offices P P X A
Personal service shops P P X X
Fharmacies X P X X
Notesa
1. Duplexes,3,600 square feet of lot area per dwelling unit is required
Ordinance No. 6642
June 8, 2017
Page 28ORD.A Page 69 of 140
2. Multi-family dwellings; provided that 2,400 square feet of lot area is provided for each dwelling unit
3. Multi-family dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. (Ord. 6269§28,
2009)
4. Permitted within a public college or university as an amen.i.ty or service provided to students.A stand-alone bank
or medical services/clinie is nqt permitted.
Ord. 6434 § 1, 2012.)
Section 12. Amendment to City Code. That Section 18.42.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.42.020 Establishment.
Those areas previously annexed to the city for which no city zoning classification
has been fixed or determined by ordinance are zoned UNC, unclassified use district.
Unelassified zoned property shall assume the R-1 standards for permitted uses and
I development standards,rovided that all mariivana related businesses and mariivana
cooperatives shall be prohibited in the Unclassified Use District. (Ord. 4229 § 2, 1987.)
Section 13. Amendment to City Code. That Section 18.78.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.78.020 Permitted uses.
The permitted uses allowed in the Terrace View zoning district will be those as
allowed within Chapter 18.30 ACC, C-3 Heavy Commercial District, as may be amended.
The process to allow any use on the Terrace View property shall be as required by this
title with the exception that apartments/multifamily uniCs will be considered an outright
permitted use and will not require an administrative use permit. Notwithstandinq the
foregoinq, all mariivana related businesses and mariivana cooperatives shall not be
permitted in anv residential or non-residential portion of the Terrace View zoninq district.
Ord. 6269 § 26, 2009; Ord. 5377 § 2, 2000.)
Section 14. Amendment to City Code. That Section 18.04.120 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.04.120 "Arcade".
Arcade" insl es a r as..p«esr I n'-exses F",;:
Q n nn means an entertainment venue
featurinq primarilv video qames, simulators, and/or other amusement devices where
persons under twentv-one vears of aae are not restricted.
Section 15. New Section to City Code. That a new Section 18.04.1001 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1001 ''Child care center'`.
Child care center" means an entity that regularly provides child day care and early
learning services for a group of children for periods of less than twenty-four hours licensed
Ordinance No. 6642
June 8, 2017
Page 29ORD.A Page 70 of 140
by the Washington state department of early learning under Chapter 170-295 of the
Washington Administrative Code (WAC).
Section 16. New Section to City Code. That a new Section 18.04.1005 of the
Auburn City Code be and the same hereby is created to read as follows
18.04.1005 "Marijuana" or "marihuana."
Marijuana" or"marihuana'' means all parts of the plant Cannabis, whether growing
or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination.
Section 17. New Section to City Code. That a new Section 18.04.1007 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1007 ``Marijuana cooperative.''
Marijuana cooperative" means up to four qualifying patients, as defined by RCW
69:51A,010(19), who share responsibility for acquiring and supplying the resources
needed to produce and process marijuana, including tetrahydrocannabinols or
cannabimimefic agents, only for the medical use of inembers of the cooperative and not
for profit.
Section 18. New Section to City Code. That a new Section 18.04.1009 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1009 "Marijuana-infused products."
Marijuana-infused products" means products that contain marijuana or marijuana
extracts and are intended for human use. The term "marijuana- infused products" does
not include useable marijuana.
Section 19. New Section to City Code. That a new Section 18.04.1011 of the
Auburn City Code be and the same hereby is created to read as follows:
18:04.1011 "Marijuana processor."
Marijuana processor" means any person or entity licensed by the Washington
state liquor and cannabis board to process, package, and label marijuana concentrates,
incfuding tetrahydrocannabinols or cannabimimetic agents, in accordance with the
provisions of RCW chapters 65 50 and 69.51 a and WAC chapter 314-55.
Section 20. New Section to City Code. That a new Section 18.04.1013 of the
Auburn City Code be and the same hereby is created to read as follows:
Ordinance No. 6642
June 8, 2017
Page 30ORD.A Page 71 of 140
18.04.1013 `'Marijuana producer."
Marijuana producer" means any person or entity licensed by the Washington state
liquor and cannabis board to produce marijuana, including tetrahydrocannabinols or
cannabimimetic agents, for wholesale to marijuana processors and other marijuana
producers pursuant to RCW 69.50.325.
Section 21. New Section to City Code. That a new Section 18.04.1015 of the
Auburn City Code be and the same hereby is created to read as follows:
18:04,1015 "Marijuana related business."
Marijuana related business" means a person or entity engaged in for-profit activity
that includes the possession, cultivation, production, processing, distribution;
dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by
the controlled substances act; codified at 21 U.S.G. § 812, including marijuana retailers,
marijuana processors, and marijuana producers, as defined herein.
Section 22. IVew Section to City Code. That a new Section 18.04.1017 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1017 ``Marijuana retailer.''
Marijuana retailer" means any person or entity established for the purpose of
making marijuana concentrates, usable marijuana and marijuana-infused products,
including tetrahydrocannabinols or cannabimimetic agents, available for sale to adults
aged twenty-one and over.
Section 23. New Section to City Code. That a new Section 18.04.1019 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1019 "Marijuana researcher."
Marijuana researcher" is a position licensed by the Washington state liquor and
cannabis board that permits a licensee to produce, process, and possess marijuana for
the limited research purposes set forth in RCW 69.50.372.
Section 24. New Section to City Code. That a new Section 18.04.1021 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1021 ``Marijuana transporter."
Marijuana transporter" is a position licensed by the Washington state liquor and
cannabis board pursuant to WAC 314-55-310 that allows a licensee to physically
transport or deliver marijuana, marijuana concentrates, and marijuana-infused products
between licensed marijuana businesses within Washington state.
Section 25. New Section to City Code. That a new Section 18.04.1023 of the
Auburn City Code be and the same hereby is created to read as follows:
Ordinance No. 6642
June 8, 2017
Page 31ORD.A Page 72 of 140
18.04.1023 "Public or private park."
Public or private park" means an area of land for the enjoyment of the public or
private parties, having facilities for rest and/or recreation, such as a baseball diamond or
basketball court, owned and/or managed by a private for-profit entity, a non-profit entity,
a homeowners' association, city, eounty, state, federal government, sovereign nation or
metropolitan park district. Public park does not include trails.
Section 26. New Section to City Code. That a new Section 18.04.1025 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1025 "Public or private playground.''
Public or private playground" means a public or private outdoor reereation area
for children, usually equipped with swings, slides, and other playground equipment,
owned and/or managed by a private business, a non-profit entity, city, county, state, or
federal government or sovereign nation.
Section 27. New Section to City Code. That a new Section 18.04.1027 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1027 "Public or private recreational center."
Public or private recreation center or facility" means a supervised center that
provides a broad range of activities and eyents intended primarily for use by persons
under finrenty-one years of age, owned and/or managed by a private business, charitable
nonprofit organization, sovereign nation, city, county, state, or federal government.
Section 28. New Section to City Code. That a new Section 18.04.1029 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1029 "Public transit center."
Public transit center" means a facility located outside of the public right of way that
is owned and managed by a transit agency or city, county, state, or federal government
for the express purpose of slaging people and vehicles where several bus or other transit
routes converge. They serve as efficient hubs to allow bus riders from various locations
to assemble at a central point to take advantage of express trips or other route to route
transfers
Section 29. New Section to City Code. That a new Section 18.76.046 of the
Aubui-n City Code be and the same hereby is created to read as follows:
18,76.046 Marijuana related uses.
All marijuana related businesses and marijuana cooperatives shall not be
permitted in any residential or non-residential portion of the Planned Unit Development.
Ordinance No. 6642
June 8, 2017
Page 32.ORD.A Page 73 of 140
Section 30. New Chapter to City Code. That a new Chapter 18.59 of the Aubum
City Code be and the same hereby is created to read as follows:
Chapter 18.59
DEVELOPMENT STANDARDS FOR MARIJUANA RELATED BUSINESSES
Sections:
18.59.010 Purpose.
18.59.020 Maximum number of marijuana retail businesses.18.59.030 Required geographic separation.
18.59:040 Marijuana required to be grown in a structure.18.59.050 Required odor control for marijuana retail stores.
18.59.060 First-in-time—change in ownership, relocation and abandonmentfor
marijuana retail stores.
18.59.070 Signage.
18.59.080 Security required.
18.59.090 Specific standards for marijuana processors, producers. research
and transportation businesses.
18.59.100 Pre-application conference meeting required.18.59.110 Public review meeting required.
18.59.010 Purpose.
The development standards contained in this Chapter are intended to address the
substantive impacts that marijuana related businesses may have on all or a portion of the
corrimunity by providing clear and objective development standards that will reduce or
mitigate said impacts and provide, when appropriate, opportunities for public awarenessandinputpriortoanapplicationbeingmadetotheCity. In addition, the development
standards will proyide the City, adjacent property owners (residential or non-residential)
and adjaeent business owners as well as the entire community the opportunity to be keptinformedandawarethroughon-going reporting for fhose marijuana related businessesthatsuccessfullyobtainappropriateapprovalsandauthorizationstooperateintheCityofAuburn.
18.59.020 Maximum number of marijuana retail businesses.
The total maximum number of marijuana retail businesses operating within the Cityatanygiventimeshallbelimitedtoamaximumoffour(4) properly licensed and permittedstores. For purposes of these regulations, these standards shall be considered in additiontothenumericallowancesonthesebusinessesspecifiednoworinthefuturebytheWashingtonStateLiquorandCannabisBoard.
18.59.030 Required geographie separation.
Marijuana related businesses operating within the City shall be geographicallyseparatedasfollows. For purposes of fhese regulations, these standards shall be
Ordinance No. 6642
June 8, 2017
Page 33
ORD.A Page 74 of 140
considered in addition to those geographic siting standards specified by the WashingtonStateLiquorandCannabisBoard:
A. A marijuana retailer authorized by the Washington State Liquor and
Cannabis Board and the City to operate within the City shall be sited a minimum of one1) mile from another similarly authorized marijuana business.
B, A marijuana retailer business shall be sited a minimum of 1,320 feet from
any properties zoned and utilized for single-family residential or multi-family residentiallanduses.
C. All marijuana related businesses shall not be located within the distances
identified for the following uses or any use included in Chapter 314-55 WAC now or as
hereafter amended:
1. 2,640 feet for:
a. Elementary or secondary school that is existing or that is planned and
has a site specific location identified in an adopted Capital Facilities
Plan;
b. Public or private playgrounds inclusive of those located within a multi-
family residential complex;
c.Public or private recreation center or facility;
d. Child care centers;
e. Public or private parks;
f.Any game arcade; and,
2. 1,320 feet for:
a. Public trails
b. Publ.ic transit centers;
c.Religious institutions;
d. Public libraries;
e: Transit center or park-and-ride facility operated by a sovereign nation on
trust or non-trust designated properties
D. Measurement. All separation requirements shall be measured as the
shortest straight line distance from the property line or right of way line of the proposed
business location to the property line or right of way line of the use specified in this section.
18.59.04q Marijuana required to be grown in a structure.
For all marijuana related businesses and marijuana cooperatives, marijuana shall
be grown in a structure. Outdoor cultivation is prohibited in a)I instances.
18.59:050 Required odor control for marijuana related businesses.
Marijuana odor shall be contained within the marijuana related business so that
qdor from the marijuana cannot be deteefed by a person with a normal sense of smell
from any abutting use or property. If marijuana odor can be smelled from any abutting
use or property, the marijuana related business shall be required to implement measures,
including but not limited to, the installation of the ventilation equipment necessary tocontaintheodor.
Ordinance No. 6642
June 8, 2017
Page 34
ORD.A Page 75 of 140
18.59.060 First-in-time — Change in ownership, relocation and abandonment for
marijuana retail stores— non-conforming uses.
A. Areas where no retail marijuana uses are located. If two or more marijuana
retail applicants seek licensing from the state and propose to locate within less than one
1) mile of each other, the City shall consider the entity that is licensed first by the State
Liquor and Cannabis Board to be the "first- in-time" applicant who is entitled to site the
retail use. First-in-time determinations will be based on the date and time of the state-
issued license or conditional license, whichever is issued first. The Director or designee
shall make the first-in-time determination.
6. First-in-time determinations are location-specific and do not transfer or
apply to a new property or site, unless the new site is within the same tax parcel.
C. Ownership. The status of a first-in-time determination is not affected by
changes in ownership.
D. Relocation. Relocation of a retail store to a new property voids any first- in-
time determination previously made as to the vacated property. The determination shall
become void on the date the property is vacated. Applicants who may have been
previously denied a license due to a first- in-time determination at the vacated property
may submit a new application after the prior first-in-time determination becomes void.
E. Discontinuance. If an existing marijuana retail use is discontinued or
abandoned for a period of six (6) months with the intention of abandoning that use, then
the property shall forfeit first-in-time status. For purposes of this Section, discontinuance
shall not mean a legal change in business name or ownership or Washington State
Unified Business Identifier (UBI) number. Discontinuance of a licensed retail. use for a
period of six (6) months or greater eonstitutes a prima facie intent to abandon the retail
use. Intent to abandon may be rebutted by submitting documentation adequate to rebut
the presumption. Documentation rebutting the presumption of intent to abandon includes
but is not limited to:
1. State licensing review or administrative appeal; or
2. Review of building, land use, other required development permits or
approvals; or
3. Correspondence or other documentation from insurance provider
demonstrating an intent to reestablish the use after either a partial or full loss or disruption
of fihe use.
4. The Director shall determine whether a retail use has been discontinued,
abandoned, or voided, whether in connection with an application for an administrative
conditional use permit or as otherwise appropriate.
F. Accidental Destrucfion. First-in-time status or cessation is not affected when
a structure containing a state-licensed retail outlet is damaged by fire or other causes
beyond the control of the owner or licensee; provided all necessary local, regional, state
or other permits and approvals are successfully obtained and redevelopment commences
within twelve (12) months from the documented date of the accidental destruction or the
licensee provides documentation demonstrating why redevelopment cannot commence
within twelve (12 months), provided that redevelopment is completed within twenty-four
24) months of the documented date of accidental destruction.
Ordinance No. 6642
June 8, 2017
Page 35ORD.A Page 76 of 140
G. Marijuana related businesses that had lawfully obtained all State and local
approvals prior to the adoption of these rules shall be considered legal conforming uses
even if the business is unable to meet the standards for geographic separations and
square footage requirements outlined in this Chapter.
18.59.070 Signage.
All marijuana related businesses shall eomply with applicable sign regulations and
standards as specified in Chapter 18.56 (Signs) as may be amended.
18.59.080 Security required.
In addition to the security requirements in chapter 315-55 WAC, during non-
business hours, all marijuana producers, processors, and retailers shall store all
marijuana concentrates, useable marijuana, marijuana-infused products, and eash in a
safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be
incorporated into the building structure or securely attached thereto. For useable
marijuana products that must be kept refrigerated orfrozen, these products may be stored
in a locked refrigerator or freezer container in a manner approved by the Director,
provided the container is affixed to the building structure.
18.59.090 Specific standards for marijuana producers, processors, research and
transportation businesses.
A. Marijuana production and processing facilifies shall comply with the
following provisions:
1. Marijuana production, processing research and transportation facilities shall
be ventilated so that the odor from the marijuana cannot be detected by a person with a
normal sense of smell from any adjoining use or property;
2. A screened and secured loading dock, approyed by the Director shall be
required. The objective of this requirement is to provide a secure, visual screen from the
public right-of-way and adjoining properties, and prevent the escape of odors when
delivering or transferring marijuana, marijuana concentrates, useable marijuana, and
marijuana=infused products.
B. Any marijuana producer or marijuana processors operating within the city
i)shall strietly comply with all industrial, health and safety codes, including but not limited
to Secfion 314.55.104 WAC and Section 69.50.348 RCW, and(ii)shall have at least 4,000
square feet of building utilized for its individual business, and the total square feet of all
marijuana producers and processor in the city shall not exceed 90,000 square feet of
building space; provided that any such business that was licensed and existing prior to
August 1, 2016, that did not have at least 4,000 square feet of building utilized for its
individual business may continue operating, and shall be classified as a fully legal
conforming use, at its current location even though it did not have at least 4,000 square
feet of building utilized for its individual business.
18.59.100 Pre-appiication conference meeting required.
A minimum of one (1) pre-applieafion eon#erence meeting with the City of Auburn
and other relevant parties including but not limited to the Valley Regional Fire Authority
Ordinance No. 6642
June 8, 2017
Page 36ORD.A Page 77 of 140
shall be eonducted prior to the submittal of a formal business license application for allmarijuanarelatedbusinesseswithintheCity.
18.59.110 Public review meeting required.
A. A minimum of one(1) public review meeting shalt be conducted by applicantforanymarijuanarelatedbusinessintheCity. The purpose of the Publie Review Meetingistoallowadjacentpropertyowners (residential and non-residenfial) and adjacentbusinessownersanopportunitytobecomefamiliarwiththeproposalandtoidentifyanyassociatedissues. The Public Review Meeting is intended to assist in producingapplicationsthatareresponsivetotheconcernsofadjacentpropertyowners (residentialandnon-residential) and adjacent business owners and to reduce the likelihood of delaysandappeals. The City expects an applicant to take into consideration the reasonable
eoncerns and recommendations of these parties when preparing an application. The Cityexpectsthesepartiestoworkwiththeapplicanttoprovidereasonableconcernsandrecommendations. The requirements of this Section shall apply to new businesses aswellasbusinessesthatareseekingtorelocatetoadifferenttaxparcel.B. Prior to submittal of an applicafion for any marijuana related business, theapplicantshallprovideanopportunitytomeetwithadjacentpropertyowners (residentialornon-residential) and adjacent businesses owners within whose boundaries the site fortheproposedmarijuanarelatedbusinessislocatedorwithinthenoticeradiustoreviewtheproposal. The applicant shall not be required fo hold more than one Public ReviewMeetingprovidedsuchmeetingisheldwithinsix (6) months prior to submitting anapplieationforone (1) specific site.
C. Publie Review Meetings shall occur prior to submitting a formal businesslieenseapplicationtotheCityofAuburn.
D. Public Review Meetings sha11 occur after the required pre-applicationconferencewiththeCityofAuburn.
E. The applicant shall hold a public review meeting in a publicly accessiblelocationwithinone (1) mile of the proposed business site, provided that if no such plaeeisimmediatelyavailable; the applicant may submit a written request to the DirectorproposinganalternatemeetinglocationandtheDirectormayapprovesaidlocation, inwriting. The meeting starting time selected shall be limited to a weekday evening after6:00 p.m. or a weekend at any reasonable time and shall not occur on a national holiday.The meeting shall be held at a location open to the public and in compliance with theAmericanswithDisabilitiesAct (ADA). A portable sign at leasf 22 inches x 28 inches insizewithminimumtwo (2) inch lettering shall be placed at the main entrance of thebuildingwherethemeetingwilltakeplaceatleastone (1) hour prior to the meeting. Suchsignwillannouncethemeeting, subject matter of the meeting, and announce that themeetingisopentothepublicandthatinterestedpersonsareinvitedtoattend. This signshallberemovedbytheapplicantuponconclusionofthemeeting.F. The applicant shall send by regular mail a written notice announcing thePublicReviewMeetingtotheDirector, property owners pursuant to the most currentpublicrecordsoftheKingCountyAssessor's Office or Pierce County Assessor's Officewithin1,320 feet on all sides of the property involved in the anticipated application and toallcurrentbusinessesregisteredwiththeCityofAuburnwithin1,320 feet on all sides of
Ordinance No. 6642
June 8, 2017
Page 37
ORD.A Page 78 of 140
the property involved in the anticipated applicafion. At the request of the applicant, and
upon payment of the applicable fee, the City will provide the required mailing lists for
property owners and/or registered businesses.
G. Not less than twenty(20) calendar days prior to the Public Review Meeting,
the applicant shall post a notice on the property which is subject of the proposed
application. The notice shall be posted within fifty (50) feet of an adjoining public right-of-
way in a manner that can be read from the right-of-way. The notice shall state that the
site may be subject to a proposed marijuana related business, the type of marijaana
related business in sufficient detail for a reasonable person to ascertain the nature and
type of business, the name of the applicant and the applicant's telephone number and
electronic mail address where the applicant can be reached for additional information.
The site shall remain posted until the conclusion of the Public Review Meeting.
H. At the Public Review Meeting, the applicant shall describe the proposed
applieation to persons in attendance. The attendees may identify any issues that they
belieye should be addressed in the proposed application and recommend that those
issues be submitted for City consideration and analysis.
I.At the Public Review Meeting, the applicant shall take notes of the
discussion on the proposed application.
J. To comply with this section, an applicant shall submit the following
information with the business license application:
1. A copy of the notice sent to surrounding property owners pursuant to
Section 18.59.110 (F).
2. A copy of the mailing list used to send out meeting notices pursuant to
Seetion 18.59.110.(G).
3. A written statement and clear photographs containing the information
posted on the property pursuant to Section 18.59.110 (G)
4. A notarized affidavit of mailing and posting notices.
5. Copies of written materials and 8.5-inch x 11 inch size plans presented at
the Public Review Meeting.
6. Typed notes of the meeting, including the meeting date, time, and location,
the name and address of those attending, and a summary of oral and written comments
received.
K. If responses to the meeting notice were not received by the applicant and
no one attended the Public Review Meeting or persons in attendance made no
comments, the applicant shall submit evidence as indicated above, with the notes
reflecting the absence of comment, attendance, or both.
L. Failure of a property owner or business owner o receive notice shall not
invalidate the Public Review Meeting proceedings.
Section 31. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6642
June 8, 2017
Page 38ORD.A Page 79 of 140
Section 32. Severabilitv. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its applieation to other persons or circumstances.
Section 33. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
Introduced:
Passed:
Approved:
CITY OF AUBURiV
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP ED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED:
Ordinance No. 6642
June 8, 2017
Page 39ORD.A Page 80 of 140
3ORD.A Page 81 of 140
4ORD.A Page 82 of 140
ORD.A Page 83 of 140
ORD.A Page 84 of 140
ORD.A Page 85 of 140
ORD.A Page 86 of 140
ORD.A Page 87 of 140
ORD.A Page 88 of 140
ORD.A Page 89 of 140
ORD.A Page 90 of 140
1:8,413
Option 2 - North Area
0.30.130.3 0 Miles
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
5/15/2017Printed Date:
1 in =0.13 ft
ORD.A Page 91 of 140
1:8,413
Option 2 - Northwest Area
0.30.130.3 0 Miles
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
5/15/2017Printed Date:
1 in =0.13 ft
ORD.A Page 92 of 140
1:8,413
Option 2 - South Area
0.30.130.3 0 Miles
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
5/15/2017Printed Date:
1 in =0.13 ft
ORD.A Page 93 of 140
1:8,413
Option 2 - Southwest Area
0.30.130.3 0 Miles
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
Imagery Date: May 2015
5/15/2017Printed Date:
1 in =0.13 ft
ORD.A Page 94 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6656
Date:
June 27, 2017
Department:
Finance
Attachments:
Memo
Ordinance No. 6656
Schedule A
Schedule B
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6656.
Background Summary:
Ordinance No. 6656 (Budget Amendment #2) amends the 2017-2018 Revised Budget
as presented in the attached transmittal memorandum and supporting attachments.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:July 3, 2017 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 95 of 140
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Nancy Backus, Mayor
Date: June 26, 2017
Re: Ordinance #6656 – 2017-2018 Budget Amendment #2
Budget Amendment #2 is the second amendment of the City of Auburn’s 2017-2018 biennial budget. The
main purpose of the second budget amendment of the year is to adjust budgeted 2017 beginning fund
balances to match actual 2016 ending fund balances per accounting records. Additional items included in
this amendment are recognition of new revenue, either grants or transfers in from other supporting funds,
requests for additional budget authority for projects and removal of discontinued programs. To identify
requested changes to each fund, please refer to the accompanying Schedule A, Summary of 2017 Budget
Adjustments by Fund.
Fund Balance Adjustments: This amendment adjusts City-wide 2017 budgeted beginning fund
balances to reflect actual ending balances as of the end of 2016. City-wide beginning fund balances
are adjusted by a net increase of $25.4 million.
Revenue Adjustments: This amendment recognizes updated revenue projections, predominately an
increase in anticipated City utility tax revenues of $265,000.
Carryforward of unspent project spending authority from 2016: This amendment enables the
completion of various projects in 2017 by carrying forward unspent project resources at the end of 2016.
Total amounts requested to be carried forward by fund are:
• Local Revitalization Fund (Fund 330) $ 25,000
• Sewer Capital Fund (Fund 462) 345,200
• Airport Capital Fund (Fund 465) 109,300
TOTAL $ 477,500
New FTE Request: This amendment adds an Administrative Assistant primarily supporting Economic
Development and the Healthy Auburn Initiative ($38,400 in 2017). The position would also provide
support for Emergency Management as needed.
ORD.B Page 96 of 140
Reallocation of Capital Project Budgets: This amendment moves budget among projects within The
Water Capital fund (Fund 460) where sufficient cost savings in one or more projects would be used to
cover cost increases in another project:
Amount
Project ____ Reduce Budget Increase Budget
Lea Hill PRV Station Improvements (cp1617) $ 332,300
AWS Flooding Improvements Phase 2 (cp1202) ($ 70,400)
F St. Non-Motorized Improvements (cp1416) ( 70,000)
Muckleshoot Tribe Master Meters (cp1411) ( 56,900)
Lakeland Hills Reservoir Improvement (cp0765) ( 90,000)
Well 4 Power and Chlorination (c512a0) ( 45,000) ________
Total ($ 332,300) $ 332,300
22nd St. NE & I St. NE Intersection (cp1513) $ 80,000
M St. SE Storm Improvements (cp1511) ($ 80,000) ________
Total ($ 80,000) $ 80,000
Project Funding Adjustments: Project funding requests included in this budget amendment transfer
spending authority or establish additional spending authority for existing projects. Total project funding
requests equal $254,300. Significant project funding requests include:
• Les Gove Community Center (CP 1412): This amendment adjusts the 2017 budget for this
project upward by $109,600, utilizing remaining budget from the Auburn Community and
Youth/Teen Center Project. The funds would be used for trail lighting adjacent to the
Community Center, the closing of Deals Way, and park improvements to the closed area.
• Miscellaneous Parks Improvements Project (gpbd03): This amendment increases the budget
for this project from $144,000 to $204,000, representing an increase of $60,000. $35,000 of
this additional funding is needed to complete the free game soccer court area surfacing, which
will be partially funded by a $25,000 King County Youth Sports Facility grant, and $25,000 is
needed to add a Pickleball court at Game Farm Park. The balance of both projects would be
funded from $35,000 in Parks Impact Fees.
• 104th Avenue Master Plan Project (CP 1619): This amendment increases the budget for this
project by $32,000 to complete the project. Funding for this increase would come from Parks
Impact Fees. This would increase the budget for the project from an existing 2017 budget of
$2,400 to an amended budget of $34,400. In 2016, this project was funded utilizing REET
funds but budget was not carried forward into 2017; this amendment restores project budget
but substitutes Parks Impact Fees as the funding source.
• M&O Building Roof Replacement Project (CP 1613): This amendment increases the 2017
budget for this project by $52,700 based on the final engineer/architect estimate. The original
2017 budget for this project was $226,800; after the amendment, the budget will be $279,500.
• On-Call Hydraulic Monitoring: This amendment provides $42,200 in additional funding for
needed hydraulic modeling of the water system. The original 2017 budget for this work was
$100,000; after the amendment, the budget will be $142,200.
New Requests:
• Increase City utility taxes (Funds 430, 431, 432, and 434) $ 265,000
• Increase budget for PWTF loan for Well #1 (Fund 430) 67,300
TOTAL $ 332,300
ORD.B Page 97 of 140
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2017 Budget as Amended
2017 Budget as Amended (BA#1) $ 303,549,067
Budget Amendment #2 (Ord #6656) 27,802,038
Budget as Amended $ 331,353,105
Attachments:
1. Proposed Ordinance #6656 (budget adjustment #2)
2. Summary of proposed 2017 budget adjustments by fund and department (Schedule A)
3. Summary of proposed changes to adopted 2017 budget by fund (Schedule B)
ORD.B Page 98 of 140
ORDINANCE NO. 6 6 5 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6621, THE 2017-2018 BIENNIAL BUDGET ORDINANCE, AS
AMENDED BY ORDINANCE NO. 6646, AUTHORIZING
AMENDMENT TO THE CITY OF AUBURN 2017-2018 BUDGET
AS SET FORTH IN SCHEDULE "A"AND SCHEDULE "B"
WHEREAS, the Auburn City Council at its regular meeting of November 21,
2016, adopted Ordinance No. 6621 which adopted the City of Auburn 2017-2018
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 3, 2017,
adopted Ordinance No. 6646 which amended Ordinance No. 6621 which adopted
the City of Auburn 2017-2018 Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2017 budget as outlined in this Ordinance (BA#2);
and
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2017-2018 Biennial Budget. The 2017-
2018 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule "A" attached
hereto and incorporated herein by referenee. The Mayor of the City of Auburn,
Ordinance No. 6656
June 21, 2017
Page 1 of 3ORD.B Page 99 of 140
Washington is hereby authorized to ufilize revenue and expenditure amounts shown
on said Schedule "A" and Schedule "B". A copy of said Schedule "A" and Schedule
B" is on file with the City Clerk and available for public inspection.
Section 2. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid, the remainder
of such code, ordinance or regulation or the application thereof to other person or
circumstance shall not be affected.
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publicafion as provided by law.
INTRODUCED:
PASSED:
AFPROVED: .
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6656
June 21, 2017
Page 2 of 3ORD.B Page 100 of 140
APPROVED AS TO FORM:
Daniel B. Hei , ity Attorney
PUBLISHED:
Ordinance No. 6656
June 21, 2017
Page 3 of 3ORD.B Page 101 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
General Fund (#001)
2017 Adopted Budget 16,191,731 65,919,560 69,487,982 12,623,309
Previous Budget Amendment 465,997 794,230 3,390,744 (2,130,517)
2017 Amended Budget 16,657,728 66,713,790 72,878,726 10,492,792
BA#2 (Ordinance #6656, Proposed):4,370,938 555,000 283,400 4,642,538
General Fund Revenues:
Revenue from City Traffic School - 40,000 - 40,000
Adjust budget for expected utility taxes - 265,000 - 265,000
Mayor's Office / Administration:
New FTE : Administrative Assistant - - 38,400 (38,400)
Police Department:
Increase overtime for 24-hour private security, with offsetting revenue - 250,000 245,000 5,000
Non-Departmental:
Adjust Beginning Fund Balance 4,370,938 - - 4,370,938
Revised 2017 Budget - Fund 001 21,028,666 67,268,790 73,162,126 15,135,330
Arterial Street Fund (#102)
2017 Adopted Budget 1,632,556 2,539,076 2,794,818 1,376,814
Previous Budget Amendment 896,832 12,791,850 13,734,532 (45,850)
2017 Amended Budget 2,529,388 15,330,926 16,529,350 1,330,964
BA#2 (Ordinance #6656, Proposed):126,525 - - 126,525
Adjust Beginning Fund Balance 126,525 - - 126,525
Revised 2017 Budget - Fund 102 2,655,913 15,330,926 16,529,350 1,457,489
Local Street Fund (#103)
2017 Adopted Budget 1,401,882 1,909,100 2,417,839 893,143
Previous Budget Amendment 713,354 - 713,354 -
2017 Amended Budget 2,115,236 1,909,100 3,131,193 893,143
BA#2 (Ordinance #6656, Proposed):309,491 - - 309,491
Adjust Beginning Fund Balance 309,491 - - 309,491
Revised 2017 Budget - Fund 103 2,424,727 1,909,100 3,131,193 1,202,634
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Page 1 of 13 6/26/2017 8:09 AMORD.B Page 102 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Hotel/Motel Tax Fund (#104)
2017 Adopted Budget 84,044 110,400 110,400 84,044
Previous Budget Amendment - - - -
2017 Amended Budget 84,044 110,400 110,400 84,044
BA#2 (Ordinance #6656, Proposed):96,102 - - 96,102
Adjust Beginning Fund Balance 96,102 - - 96,102
Revised 2017 Budget - Fund 104 180,146 110,400 110,400 180,146
Arterial Street Preservation Fund (#105)
2017 Adopted Budget 1,378,878 3,755,600 4,768,470 366,008
Previous Budget Amendment 1,843,036 1,084,048 2,727,084 200,000
2017 Amended Budget 3,221,914 4,839,648 7,495,554 566,008
BA#2 (Ordinance #6656, Proposed):47,717 - - 47,717
Adjust Beginning Fund Balance 47,717 - - 47,717
Revised 2017 Budget - Fund 105 3,269,631 4,839,648 7,495,554 613,725
Drug Forfeiture Fund (#117)
2017 Adopted Budget 357,897 87,100 251,016 193,981
Previous Budget Amendment - - - -
2017 Amended Budget 357,897 87,100 251,016 193,981
BA#2 (Ordinance #6656, Proposed):95,555 - - 95,555
Adjust Beginning Fund Balance 95,555 - - 95,555
Revised 2017 Budget - Fund 117 453,452 87,100 251,016 289,536
Page 2 of 13 6/26/2017 8:09 AMORD.B Page 103 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Housing & Comm Develop Fund (#119)
2017 Adopted Budget 54,905 710,000 712,450 52,455
Previous Budget Amendment - - - -
2017 Amended Budget 54,905 710,000 712,450 52,455
BA#2 (Ordinance #6656, Proposed):(10,001) - - (10,001)
Adjust Beginning Fund Balance (10,001) - - (10,001)
Revised 2017 Budget - Fund 119 44,904 710,000 712,450 42,454
Recreation Trails Fund (#120)
2017 Adopted Budget 49,658 7,340 - 56,998
Previous Budget Amendment - - - -
2017 Amended Budget 49,658 7,340 - 56,998
BA#2 (Ordinance #6656, Proposed):164 - - 164
Adjust Beginning Fund Balance 164 - - 164
Revised 2017 Budget - Fund 120 49,822 7,340 - 57,162
BIA Fund (#121)
2017 Adopted Budget 48,516 55,200 55,000 48,716
Previous Budget Amendment - - - -
2017 Amended Budget 48,516 55,200 55,000 48,716
BA#2 (Ordinance #6656, Proposed):9,956 - - 9,956
Adjust Beginning Fund Balance 9,956 - - 9,956
Revised 2017 Budget - Fund 121 58,472 55,200 55,000 58,672
Page 3 of 13 6/26/2017 8:09 AMORD.B Page 104 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Cumulative Reserve Fund (#122)
2017 Adopted Budget 7,546,199 20,500 200,000 7,366,699
Previous Budget Amendment 42,138 1,000,000 42,138 1,000,000
2017 Amended Budget 7,588,337 1,020,500 242,138 8,366,699
BA#2 (Ordinance #6656, Proposed):1,121,600 - - 1,121,600
Adjust Beginning Fund Balance 1,121,600 - - 1,121,600
Revised 2017 Budget - Fund 122 8,709,937 1,020,500 242,138 9,488,299
Mitigation Fees Fund (#124)
2017 Adopted Budget 4,274,362 1,520,200 1,365,081 4,429,481
Previous Budget Amendment 1,215,961 400,000 2,555,961 (940,000)
2017 Amended Budget 5,490,323 1,920,200 3,921,042 3,489,481
BA#2 (Ordinance #6656, Proposed):5,604,182 - 67,000 5,537,182
Adjust Beginning Fund Balance 5,604,182 - - 5,604,182
124.291.720 DESIGNATED FUND BALANCE 5,652,682
Increase funding for Brannan Park soccer court surfacing (T/F from F124)- - 10,000 (10,000)
Increase funding for Game Farm Park to add pickleball court (T/F from F124)- - 25,000 (25,000)
Increase budget for 104th Ave SE Master Plan (cp1619) (T/F to F328)- - 32,000 (32,000)
Revised 2017 Budget - Fund 124 11,094,505 1,920,200 3,988,042 9,026,663
LID Guarantee Fund (#249)
2017 Adopted Budget - - - -
Previous Budget Amendment - - - -
2017 Amended Budget - - - -
BA#2 (Ordinance #6656, Proposed):1,588 - - 1,588
Adjust Beginning Fund Balance 1,588 - - 1,588
Revised 2017 Budget - Fund 249 1,588 - - 1,588
Page 4 of 13 6/26/2017 8:09 AMORD.B Page 105 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
LID 350 Fund (#275)
2017 Adopted Budget 11,706 7,499 7,246 11,959
Previous Budget Amendment - - - -
2017 Amended Budget 11,706 7,499 7,246 11,959
BA#2 (Ordinance #6656, Proposed):(1,349) - - (1,349)
Adjust Beginning Fund Balance (1,349) - - (1,349)
Revised 2017 Budget - Fund 275 10,357 7,499 7,246 10,610
Parks Construction Fund (#321)
2017 Adopted Budget 453,426 2,186,796 2,358,106 282,116
Previous Budget Amendment 65,414 825,675 871,089 20,000
2017 Amended Budget 518,840 3,012,471 3,229,195 302,116
BA#2 (Ordinance #6656, Proposed):464,060 169,600 169,600 464,060
Incr funding for Brannan Park soccer court ($25k grant plus $10k from F124)- 35,000 35,000 -
Increase funding for Game Farm Park to add pickleball court (T/F from F124)- 25,000 25,000 -
Adjust Beginning Fund Balance 464,060 - - 464,060
Increase funding for Les Gove Community Center (cp1412) (T/F from F328)- 109,600 109,600 -
Revised 2017 Budget - Fund 321 982,900 3,182,071 3,398,795 766,176
Capital Improvements Fund (#328)
2017 Adopted Budget 7,347,302 3,172,114 2,722,117 7,797,299
Previous Budget Amendment 1,153,670 529,343 2,470,564 (787,551)
2017 Amended Budget 8,500,972 3,701,457 5,192,681 7,009,748
BA#2 (Ordinance #6656, Proposed):1,531,537 140,600 194,300 1,477,837
Adjust Beginning Fund Balance 1,531,537 - - 1,531,537
Additional funding for M&O roof replacement (Transfer from F505)- 52,700 52,700 -
Reimburse REET used for Council chamber AV imprvmnts (T/F from F568)- 55,900 - 55,900
Incr. funding for Les Gove Community Center (cp1412) (Transfer to F321)- - 109,600 (109,600)
Increase budget for 104th Ave SE Master Plan (cp1619) (T/F from F124)- 32,000 32,000 -
Revised 2017 Budget - Fund 328 10,032,509 3,842,057 5,386,981 8,487,585
Page 5 of 13 6/26/2017 8:09 AMORD.B Page 106 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Local Revitalization Fund (#330)
2017 Adopted Budget 325,651 600 326,251 -
Previous Budget Amendment 39,239 - 39,239 -
2017 Amended Budget 364,890 600 365,490 -
BA#2 (Ordinance #6656, Proposed):25,600 - 25,000 600
Adjust Beginning Fund Balance 600 - - 600
Carry forward budget for Main Street Urban Design project 25,000 - 25,000 -
Revised 2017 Budget - Fund 330 390,490 600 390,490 600
Water Fund (#430)
2017 Adopted Budget 4,639,074 14,953,450 14,916,531 4,675,993
Previous Budget Amendment 106,324 - 211,786 (105,462)
2017 Amended Budget 4,745,398 14,953,450 15,128,317 4,570,531
BA#2 (Ordinance #6656, Proposed):3,887,586 - 1,704,500 2,183,086
Adjust Beginning Fund Balance 3,887,586 - 1,500,000 2,387,586
Adjust budget for expected utility taxes - - 95,000 (95,000)
Increase budget for PWTF loan #PC13-961-012 (Well 1 Improvements)- - 67,300 (67,300)
Additional funding for on-call hydraulic modeling - - 42,200 (42,200)
Revised 2017 Budget - Fund 430 8,632,984 14,953,450 16,832,817 6,753,617
Sewer Fund (#431)
2017 Adopted Budget 1,765,613 8,195,290 8,726,193 1,234,710
Previous Budget Amendment 55,424 - 123,540 (68,116)
2017 Amended Budget 1,821,037 8,195,290 8,849,733 1,166,594
BA#2 (Ordinance #6656, Proposed):982,577 - 65,000 917,577
Adjust Beginning Fund Balance 982,577 - - 982,577
###Adjust budget for expected utility taxes - - 65,000 (65,000)
Revised 2017 Budget - Fund 431 2,803,614 8,195,290 8,914,733 2,084,171
Page 6 of 13 6/26/2017 8:09 AMORD.B Page 107 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Storm Drainage Fund (#432)
2017 Adopted Budget 2,077,239 9,318,627 9,618,886 1,776,980
Previous Budget Amendment 55,423 - 142,560 (87,137)
2017 Amended Budget 2,132,662 9,318,627 9,761,446 1,689,843
BA#2 (Ordinance #6656, Proposed):8,349 - 45,000 (36,651)
Adjust Beginning Fund Balance 8,349 - - 8,349
Adjust budget for expected utility taxes - - 45,000 (45,000)
Revised 2017 Budget - Fund 432 2,141,011 9,318,627 9,806,446 1,653,192
Sewer Metro Sub Fund (#433)
2017 Adopted Budget 2,374,705 17,238,490 17,294,700 2,318,495
Previous Budget Amendment - - - -
2017 Amended Budget 2,374,705 17,238,490 17,294,700 2,318,495
BA#2 (Ordinance #6656, Proposed):297,317 - - 297,317
Adjust Beginning Fund Balance 297,317 - - 297,317
Revised 2017 Budget - Fund 433 2,672,022 17,238,490 17,294,700 2,615,812
Solid Waste Fund (#434)
2017 Adopted Budget 3,849,877 14,912,500 14,528,476 4,233,901
Previous Budget Amendment - - 8,642 (8,642)
2017 Amended Budget 3,849,877 14,912,500 14,537,118 4,225,259
BA#2 (Ordinance #6656, Proposed):565,991 - 60,000 505,991
Adjust Beginning Fund Balance 565,991 - - 565,991
Adjust budget for expected utility taxes - - 60,000 (60,000)
Revised 2017 Budget - Fund 434 4,415,868 14,912,500 14,597,118 4,731,250
Page 7 of 13 6/26/2017 8:09 AMORD.B Page 108 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Airport Fund (#435)
2017 Adopted Budget 188,565 813,300 677,700 324,165
Previous Budget Amendment - - 507 (507)
2017 Amended Budget 188,565 813,300 678,207 323,658
BA#2 (Ordinance #6656, Proposed):75,632 19,000 - 94,632
Adjust Beginning Fund Balance 75,632 - - 75,632
Increase revenues for change in security charge - 19,000 - 19,000
Revised 2017 Budget - Fund 435 264,197 832,300 678,207 418,290
Cemetery Fund (#436)
2017 Adopted Budget 277,586 1,128,300 1,161,977 243,909
Previous Budget Amendment - - - -
2017 Amended Budget 277,586 1,128,300 1,161,977 243,909
BA#2 (Ordinance #6656, Proposed):20,559 - - 20,559
Adjust Beginning Fund Balance 20,559 - - 20,559
Revised 2017 Budget - Fund 436 298,145 1,128,300 1,161,977 264,468
Water Capital Fund (#460)
2017 Adopted Budget 2,039 7,200,000 6,255,986 946,053
Previous Budget Amendment 4,011,832 577,159 4,873,991 (285,000)
2017 Amended Budget 4,013,871 7,777,159 11,129,977 661,053
BA#2 (Ordinance #6656, Proposed):(2,077,498) 1,500,000 - (577,498)
Adjust Beginning Fund Balance (2,077,498) 1,500,000 - (577,498)
Increase funding for Lea Hill PRV Station project (cp1617)- - - -
cp1617 460.00.590.100.65 CONSTRUCTION PROJECTS 332,300
cp1202 460.00.590.100.65 CONSTRUCTION PROJECTS (70,400)
cp1416 460.00.590.100.65 CONSTRUCTION PROJECTS (70,000)
cp1411 460.00.590.100.65 CONSTRUCTION PROJECTS (56,900)
cp0765 460.00.590.100.65 CONSTRUCTION PROJECTS (90,000)
c512a0 460.00.590.100.65 CONSTRUCTION PROJECTS (45,000)
Increase funding for 22nd St NE & I St NE Intersection project (cp1513)- - - -
cp1513 460.00.590.100.65 CONSTRUCTION PROJECTS 80,000
cp1511 460.00.590.100.65 CONSTRUCTION PROJECTS (80,000)
Revised 2017 Budget - Fund 460 1,936,373 9,277,159 11,129,977 83,555
Page 8 of 13 6/26/2017 8:09 AMORD.B Page 109 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Sewer Capital Fund (#461)
2017 Adopted Budget 7,753,119 1,500,000 1,431,900 7,821,219
Previous Budget Amendment 1,425,318 - 1,425,318 -
2017 Amended Budget 9,178,437 1,500,000 2,857,218 7,821,219
BA#2 (Ordinance #6656, Proposed):3,509,358 - - 3,509,358
Adjust Beginning Fund Balance 3,509,358 - - 3,509,358
Revised 2017 Budget - Fund 461 12,687,795 1,500,000 2,857,218 11,330,577
Storm Drainage Capital Fund (#462)
2017 Adopted Budget 11,242,343 1,900,000 2,795,200 10,347,143
Previous Budget Amendment 1,480,104 - 1,480,104 -
2017 Amended Budget 12,722,447 1,900,000 4,275,304 10,347,143
BA#2 (Ordinance #6656, Proposed):657,253 - 343,200 314,053
Carry forward funding for M St. Improvements project (cp1511)343,200 - 343,200 -
Adjust Beginning Fund Balance 314,053 - - 314,053
Revised 2017 Budget - Fund 462 13,379,700 1,900,000 4,618,504 10,661,196
Airport Capital Fund (#465)
2017 Adopted Budget 158,410 316,667 363,334 111,743
Previous Budget Amendment - 275,000 275,000 -
2017 Amended Budget 158,410 591,667 638,334 111,743
BA#2 (Ordinance #6656, Proposed):202,192 11,400 120,700 92,892
Adjust Beginning Fund Balance 92,892 - - 92,892
Carry forward funding for Gate Repair & Replacement project (cp1620)25,000 - 25,000 -
Carry forward funding for T Hangar Improvement project (cp1408)30,000 - 30,000 -
C/F underrun on slurry seal project for Asset Inventory/Condition Assess 50,000 - 50,000 -
C/F and grant funding for environ assessment for runway enhancements 4,300 11,400 15,700 -
Revised 2017 Budget - Fund 465 360,602 603,067 759,034 204,635
Page 9 of 13 6/26/2017 8:09 AMORD.B Page 110 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Cemetery Capital Fund (#466)
2017 Adopted Budget 157,301 - - 157,301
Previous Budget Amendment - - - -
2017 Amended Budget 157,301 - - 157,301
BA#2 (Ordinance #6656, Proposed):99,332 - - 99,332
Adjust Beginning Fund Balance 99,332 - - 99,332
Revised 2017 Budget - Fund 466 256,633 - - 256,633
Insurance Fund (#501)
2017 Adopted Budget 1,312,689 1,500 229,980 1,084,209
Previous Budget Amendment - 670,715 - 670,715
2017 Amended Budget 1,312,689 672,215 229,980 1,754,924
BA#2 (Ordinance #6656, Proposed):72,996 - - 72,996
Adjust Beginning Fund Balance 72,996 - - 72,996
Revised 2017 Budget - Fund 501 1,385,685 672,215 229,980 1,827,920
Workers' Comp Fund (#503)
2017 Adopted Budget 787,022 1,056,900 850,777 993,145
Previous Budget Amendment - - 83,100 (83,100)
2017 Amended Budget 787,022 1,056,900 933,877 910,045
BA#2 (Ordinance #6656, Proposed):311,012 - - 311,012
Adjust Beginning Fund Balance 311,012 - - 311,012
Revised 2017 Budget - Fund 503 1,098,034 1,056,900 933,877 1,221,057
Page 10 of 13 6/26/2017 8:09 AMORD.B Page 111 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Facilities Fund (#505)
2017 Adopted Budget 1,330,105 3,462,500 3,507,030 1,285,575
Previous Budget Amendment 431,914 - 492,114 (60,200)
2017 Amended Budget 1,762,019 3,462,500 3,999,144 1,225,375
BA#2 (Ordinance #6656, Proposed):97,560 - 52,700 44,860
Additional funding for M&O roof replacement (Transfer from F505)- - 52,700 (52,700)
Adjust Beginning Fund Balance 97,560 - - 97,560
Revised 2017 Budget - Fund 505 1,859,579 3,462,500 4,051,844 1,270,235
Innovation & Technology Fund (#518)
2017 Adopted Budget 229,416 6,184,022 5,978,710 434,728
Previous Budget Amendment 66,000 439,270 171,000 334,270
2017 Amended Budget 295,416 6,623,292 6,149,710 768,998
BA#2 (Ordinance #6656, Proposed):785,209 - - 785,209
Adjust Beginning Fund Balance 785,209 - - 785,209
Revised 2017 Budget - Fund 518 1,080,625 6,623,292 6,149,710 1,554,207
Equipment Rental Fund (#550)
2017 Adopted Budget 2,268,495 2,983,102 2,768,168 2,483,429
Previous Budget Amendment - - 40,297 (40,297)
2017 Amended Budget 2,268,495 2,983,102 2,808,465 2,443,132
BA#2 (Ordinance #6656, Proposed):447,165 - - 447,165
Adjust Beginning Fund Balance 447,165 - - 447,165
Revised 2017 Budget - Fund 550 2,715,660 2,983,102 2,808,465 2,890,297
Page 11 of 13 6/26/2017 8:09 AMORD.B Page 112 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Equipment Rental Capital Fund (#560)
2017 Adopted Budget 1,365,513 1,809,631 1,798,201 1,376,943
Previous Budget Amendment 396,309 284,927 873,464 (192,228)
2017 Amended Budget 1,761,822 2,094,558 2,671,665 1,184,715
BA#2 (Ordinance #6656, Proposed):1,258,581 - - 1,258,581
Adjust Beginning Fund Balance 1,258,581 - - 1,258,581
Revised 2017 Budget - Fund 560 3,020,403 2,094,558 2,671,665 2,443,296
IT Capital Fund (#568)
2017 Adopted Budget 1,762,983 - 682,900 1,080,083
Previous Budget Amendment 163,000 169,232 332,232 -
2017 Amended Budget 1,925,983 169,232 1,015,132 1,080,083
BA#2 (Ordinance #6656, Proposed):393,594 - 55,900 337,694
Adjust Beginning Fund Balance 393,594 - - 393,594
Reimburse REET funds used for Council chamber AV improvements - - 55,900 (55,900)
Revised 2017 Budget - Fund 568 2,319,577 169,232 1,071,032 1,417,777
Fire Pension Fund (#611)
2017 Adopted Budget 2,417,899 84,000 177,717 2,324,182
Previous Budget Amendment - - 42,970 (42,970)
2017 Amended Budget 2,417,899 84,000 220,687 2,281,212
BA#2 (Ordinance #6656, Proposed):(5,323) - - (5,323)
Adjust Beginning Fund Balance (5,323) - - (5,323)
Revised 2017 Budget - Fund 611 2,412,576 84,000 220,687 2,275,889
Page 12 of 13 6/26/2017 8:09 AMORD.B Page 113 of 140
Schedule A
Summary of 2017 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6656)
A 3,186,300
Beg. Fund
Balance
2017
Revenues
2017
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Cemetery Endowment Fund (#701)
2017 Adopted Budget 1,720,479 37,800 - 1,758,279
Previous Budget Amendment - - - -
2017 Amended Budget 1,720,479 37,800 - 1,758,279
BA#2 (Ordinance #6656, Proposed):23,330 - - 23,330
Adjust Beginning Fund Balance 23,330 - - 23,330
Revised 2017 Budget - Fund 701 1,743,809 37,800 - 1,781,609
Grand Total - All Funds
2017 Adopted Budget 88,839,185 180,241,144 186,485,122 82,595,207
Previous Budget Amendment 14,627,289 19,841,449 37,121,330 (2,652,592)
2017 Amended Budget 103,466,474 200,082,593 223,606,452 79,942,615
TOTAL BA#2 (Ordinance #6656, Proposed)25,406,438 2,395,600 3,186,300 24,615,738
Revised 2017 Budget 128,872,912 202,478,193 226,792,752 104,558,353
331,351,105 331,351,105
Page 13 of 13 6/26/2017 8:09 AMORD.B Page 114 of 140
Schedule B
2017 Appropriations by Fund
Fund
2017
Adopted
Budget
BA#1
(Ord #6646)
BA#2
(Ord #6656)
Total
Amendments
Revised
Budget
General Fund (#001)82,111,291 1,260,227 4,925,938 6,186,165 88,297,456
Arterial Street Fund (#102)4,171,632 13,688,682 126,525 13,815,207 17,986,839
Local Street Fund (#103)3,310,982 713,354 309,491 1,022,845 4,333,827
Hotel Motel Fund (#104)194,444 - 96,102 96,102 290,546
Arterial Street Preservation Fund (#105)5,134,478 2,927,084 47,717 2,974,801 8,109,279
Drug Forfeiture Fund (#117)444,997 - 95,555 95,555 540,552
Housing and Community Development Grant Fund (#119)764,905 - (10,001) (10,001) 754,904
Recreation Trails Fund (#120)56,998 - 164 164 57,162
Business Improvement Area Fund (#121)103,716 - 9,956 9,956 113,672
Cumulative Reserve Fund (#122)7,566,699 1,042,138 1,121,600 2,163,738 9,730,437
Mitigation Fees Fund (#124)5,794,562 1,615,961 5,604,182 7,220,143 13,014,705
1998 Library Fund (#229)283,850 - - - 283,850
2010 Annex A&B Bond Debt Fund (#230)1,683,192 - - - 1,683,192
2010 C&D Local Revitalization Debt Fund (#231)589,071 - - - 589,071
SCORE Debt Service Fund (#238)2,033,474 - - - 2,033,474
LID Guarantee Fund (#249)- - 1,588 1,588 1,588
LID #350 (#275)19,205 - (1,349) (1,349) 17,856
Golf/Cemetery 2016 Refunding (#276)554,393 - - - 554,393
Municipal Park Construction Fund (#321)2,640,222 891,089 633,660 1,524,749 4,164,971
Capital Improvements Fund (#328)10,519,416 1,683,013 1,672,137 3,355,150 13,874,566
Local Revitalization Fund (#330)326,251 39,239 25,600 64,839 391,090
Water Fund (#430)19,592,524 106,324 3,887,586 3,993,910 23,586,434
Sewer Fund (#431)9,960,903 55,424 982,577 1,038,001 10,998,904
Storm Drainage Fund (#432)11,395,866 55,423 8,349 63,772 11,459,638
Sewer Metro Fund (#433)19,613,195 - 297,317 297,317 19,910,512
Solid Waste Fund (#434)18,762,377 - 565,991 565,991 19,328,368
Airport Fund (#435)1,001,865 - 94,632 94,632 1,096,497
Cemetery Fund (#436)1,405,886 - 20,559 20,559 1,426,445
Water Capital Fund (#460)7,202,039 4,588,991 (577,498) 4,011,493 11,213,532
Sewer Capital Fund (#461)9,253,119 1,425,318 3,509,358 4,934,676 14,187,795
Storm Drainage Capital Fund (#462)13,142,343 1,480,104 657,253 2,137,357 15,279,700
Airport Capital Fund (#465)475,077 275,000 213,592 488,592 963,669
Cemetery Capital Fund (#466)157,301 - 99,332 99,332 256,633
Insurance Fund (#501)1,314,189 670,715 72,996 743,711 2,057,900
Workers Compensation Self Insurance Fund (#503)1,843,922 - 311,012 311,012 2,154,934
Facilities Fund (#505)4,792,605 431,914 97,560 529,474 5,322,079
Innovation and Technology Fund (#518)6,413,438 505,270 785,209 1,290,479 7,703,917
Equipment Rental Fund (#550)5,251,597 - 447,165 447,165 5,698,762
Equipment Rental Capital Fund (#560)3,175,144 681,236 1,258,581 1,939,817 5,114,961
IT Capital Fund (#568)1,762,983 332,232 393,594 725,826 2,488,809
Fire Pension Fund (#611)2,501,899 - (5,323) (5,323) 2,496,576
Cemetery Endowment Fund (#701)1,758,279 - 23,330 23,330 1,781,609
Total 269,080,329 34,468,738 27,802,038 62,270,776 331,351,105
6/21/2017 2:59 PMORD.B Page 115 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5295
Date:
June 16, 2017
Department:
CD & PW
Attachments:
Resolution No. 5295
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5295.
Background Summary:
Resolution No. 5295 authorizes the City to enter into an agreement with the City of
Pacific to utilize the City of Auburn's decant facility to dump vactor waste material on a
space limited basis.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:July 3, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 116 of 140
RESOLUTION NO. 5 2 9 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT BETWEEN THE CITY OF
AUBURN AND THE CITY OF PACIFIC FOR DECANT
FACILITIES USAGE
WHEREAS, the City of Pacific has inadequate facilities to handle the waste
materials produced. from their public works street sweeping and Vactor maintenance;
and
WHEREAS, the City of Auburn has sufficient capacity at their decant facility to
handle City of Pacific waste materials and is willing to provide for the property handling,
processing and disposal of the City of Pacific's street sweeper and Vactor truck
materials at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute a Contact with the
City of Pacific for Decant Facilities Usage and Street Sweeping Services in substantial
conformity with the agreement attached hereto as Exhibit A and incorporated herein by
this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2017.
Resolution No. 5295
April 24, 2017
Page 1 of 2RES.A Page 117 of 140
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
D i B. H ' , City ttorney
Resolution No. 5295
April 24, 2017
Page 2 of 2RES.A Page 118 of 140
COiVTItACT FOR IZVICES
ETVUEEIV THE CITY OF PACIFIC
AIVD THE CITIf O 141J U t111
FOR D CAN FI CILITIE IJSACE
THIS AGREEMENT is made and executed by and between the City of Pacific, a
Washington municipal corporation, hereafter designated as "Pacific," and the City of
Auburn, a Washington municipal corporafion, hereafter designated as "Auburn."
1NHEREAS, Pacific has inadequate facilities to properly handle the Waste Materials
produced as a result of their Public Works street sweeping and Vactor maintenance
activities; and
lNHERE IS, Auburn has sufficient capacity at their decant facility to handle the Pacific
Waste Maferials.
NOW, THEREFORE, for the consideration stated in this Agreement, Pacific and Auburn
do agree as follows:
1. PURPO E
The purpose of this Agreement is to provide for proper handling, processing and disposal
of Street Sweeper and Vactor truck materials, herein referred to as ''Waste Materials''
generated by Pacific.
2. RESPOIVSIBILITIES
The City of Pacific shall deliver Waste Materials to the decant area of the City of Auburn
Maintenance & Operations facility (hereafter, the `'Facility"), currently located at 1305 C
Street SW during the hours of 7:00 am and 3:00 pm, Monday through Friday. The
unloading of the Waste Materials by Pacific at the Facility is to be done under the
supervision of an Auburn employee at the Facility. Pacific will only send operators to use
the decant facility that have been properly trained by Auburn on the safe and efficient
use of the facility and dumping of Waste Materials.
If conditions at the Facility require limiting or restricting Pacific from delivering waste
materials, such as when the Facility is down for maintenance or the storage area is full,
Auburn reserves the right to request Pacific to retain its Waste Materials until such time
as the conditions at the Facility allow Auburn to accept the Waste Materials again. Auburn
will give Pacific as much advance notice of these conditions as is practicable. Auburn
further reserves the right to reject any individual shipment of Waste Materials, such as
material from a fuel spill or other products that may exceed Auburn's allowable discharge
permit.
CONTRACT FOR DECANT FACILITIES USAGE o ` A LPage1of7RES.A Page 119 of 140
Auburn agrees to provide for the dewatering and the disposal of the Waste Materials in
compliance with all local, state, and federal permits pertaining to the dewatering and
disposal of such Waste Materials.
3. VOLUME
Subject to the provisions of Paragraph 2, above, Auburn shall accept Waste Materials
from Pacific in the following volumes: not to exceed 50 tons per month or a total of 300
tons per year as measured at Auburn's truck scale. Auburn may accept Waste Material
from Pacific that exceeds these volumes upon the review of a written request from Pacific.
All such requests shall be made to Auburn's Assistant Director of Public Works Services
thirty (30) days in advance of proposed delivery of such additional Waste Materials.
4. COST FOR SERVICES
Subject to the Reopener provisions of Paragraph 7, below, Pacific shall pay Auburn
100.00 per month base fee for administration costs and $75.00 per ton of Waste
Materials for processing, testing and disposal fee (measured as scale weight). Auburn will
bill Pacific on a quarterly basis.
5. DECANT FACILITY IMPItOVENiENTS
Pacific recognizes that the capacity of Auburn's Facility is limited and that additional
capacity will need to be provided, as both Cities waste disposal needs continue to grow,
in order to provide long-term service to Pacific.
6. TERM
The duration of this Agreement shall be for an initial term of three (3) years beginning
January 1, 2017 through December 31, 2019, and may be extended thereafter for an
optional, additional term of three (3) years beginning January 1, 2020 through December
31, 2022, by written amendment of the Parties, including but not limited to mutual
agreement on proposed changes—increases or decreases-to the cost for services Section
4 of this Agreement, not later than sixty (60) days prior to the end of the initial term, It
is further provided, however, that either party may terminate this Agreement with or
without cause upon providing one hundred twenty (120) days advance written notiee to
the other parly.
7o REOPENER
Either party may request that any provision of this Agreement can be renegotiated by
submitting a written request with fourteen (14) days advanced notice. Any amendment
GONTRACT FOR DECANT FACIUTIES USAGE 0 R I I N A LPage2of7RES.A Page 120 of 140
of this Agreement, including cost for services, shall be in writing and shall be signed by
both parties consistent with Section 13 of this Agreement.
8. HOLD FBARMILESS AIVD INDEiNNIFICATION
a) Pacific shall indemnify and hold Auburn and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses, damages
or costs, of whatsoever kind or nature, brought against Auburn arising out of, in
connection with, or incident to the execution of this Agreement and/or Pacific's
performance or failure to perform any aspect of this Agreement; provided,
however,that if such claims are caused by or result from the concurrent negligence
of Auburn, its agents, employees, ofFicers and/or volunteers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Pacific; and provided further, that nothing herein shall require Pacific to hold
harmless or defend Auburn, its agents, employees officers and/or volunteers from
any claims arising from the sole negligence of Auburn, its agents, employees,
officers and/or volunteers. No liability shall atkach to Auburn by reason of entering
into this Agreement except as expressly provided herein.
b) 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 Auburn and Pacific, its officers, officials, employees,
and volunteers, each parly's liability hereunder shall be only to the extent of that
parly`s negligence. It is further specifically and expressly understood that the
indemnification provided herein con5titutes the Parties' waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the Parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
C) Auburn shall have no liability for, and shall be held harmless from and against, all
claims, damages, liabilities and costs arising out of or relating to the presence,
discovery, or failure to discover, remove, address, remediate or cleanup
environmental or biological hazards resulting from pacific deliveries or otherwise
attributable to pacific, specifically including, but not limited to, mold, fungus,
hazardous waste, substances or materials.
d) Pacific shall have no liability for, and shall be held harmless from and against all
claims, damages, liabilities and co5ts arising out of or relating to the presence,
discovery or failure to discover, remove, address, remediate or cleanup
environmental or biological hazards attributable to auburn, specifically including,
but not limited to, mold, fungus, hazardous waste, substances or materials. In
addition, pacific shall have no liability for, and shall be held harmless from and
CONTRACT FOR DECANT FACILITIES USAGE p R N A LPage3of7RES.A Page 121 of 140
against all claims, damages, liabilities and costs arising out of auburn's failure to
properly dispose of such waste materials after delivery by pacific according to all
applicable law.
9. RESOLUTYOIV OF DISPUTES 14ND GO!/ERNYIVG l.lW
a) Alternative Dis ute Resolution If a dispute arises from or relates to this Agreement
or the breach thereof and if the dispute cannot be resolved through direct
discus5ions, the parties agree to endeavor first to settle the dispute in an amicable
manner by mediation before resorting to other avenues of dispute resolution. The
mediator may be selected by agreement of the parties. Following mediation, or
upon written agreement of the parties to waive mediation, any unresolVed
controversy or claim arising from or relating to this Agreement or breach thereof
shall be handled through Iitigation as described in subsection b) below. Each party
shall bear the expense of its own counsel, experts, witnesses and preparation and
presentafion of evidence.
b) Aoqlicable Law and_)urisdiction This Agreement shall be governed by the laws of
the State of Washington. Although the agreed to and designated primary dispute
resolution method as set forth above, in the event any claim, dispute or acfion
arising from or relating to this Agreement cannot be settled through mediation,
then it shall be commenced exclusively in the King County Superior Court or the
United States District Court, Western District of Washington as appropriate. The
prevailing party in any such action before the courts shall be entitled to recover its
costs of suit and reasonable attorneys' fees.
10. WRITTEN NOTICE
All communications regarding this Agreement shall be sent to the parties at the addresses
listed on. the signature page of the Agreement, unless notified to the contrary. Any
written notice hereunder shall become effective three (3) business days after the date of
mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing. If written notice is provided by electronic mail (e-mail),
then such written notice shall become effective one (1) business day after it is successfully
sent.
li. NOIV-DISCRII NIIVATYON
Parties shall not discriminate in any manner related to this Agreement on the basis of
race, color, national origin, sex, religion, age, marital status or di5ability in employment
or the provision of services.
CONTRACT FOR DECANT FACILITIES USAGE 0 R I 1 N A LPage4of7RES.A Page 122 of 140
12. INSURAIVCE
A) The Parties shall procure and maintain fo the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the Waste Disposal described in this Agreement;
B) The Parties shall obtain and maintain, during the effective dates of this Agreement, the
following insurance coverage and limits (at a minimum):
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. 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. The Automobile Liability insurance sha.11 include a
minimum combined single limit for bodily injury and property damage of
1,000,000.00 per accident, and
2. Commercial General Liability insurance shall be written on ISO oecurrence
form CG 00 01 or a substitute form providing equivalent liability coverage
and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The Commercial
General Liability insurance shall be written with limits no less than
1,000,000.00 per occurrence with a $2,000,000.00 general aggregate.
Coverage shall include, but is not Iimited to, contractual liability, products
and completed operations, property damage, mold, pollution and employers
liability, and
3. Worker's Compensation coverage as required by the Industrial Insu ance
laws of the State of Washington.
4. Employer's Liability insurance, as necessary, shall be written with limits of
each accident $1,000,000.00, Employer's Liability Disease each employee
1,000,000.00, and Employer's Liability Disease-Policy limit$1,000,000.00.
G) Each party's insurance shall not be cancelled by either party, except after thirty (30)
days prior wr'itten notice by certified mail, return receipt requested, has been given to the
other party.
D) If any coverage is written on a "claims made" basis, then a minimum of three (3) year
extended reporting period shall be included with the claims made policy, and proof of this
extended reporting period shall be given to the other party.
E) Insurance, other than through an insurance pool, is to be placed with insurers with a
current A.M. Best rating of not less than A°VII.
CONTRACT FOR DECANT FACILITIES USAGE I G I N A,
Page 5 of 7RES.A Page 123 of 140
13. Compliance with Law, Right of Inspection
The parties agrees to comply with all federal, state, and municipal Iaws, rules; and
regulations that are now effective or become applicaple within the terms of this Agreement
to the activities described in this Agreement, and to all equipment, and personnel
engaged in operations covered by this Agreement or accruing out of the performance of
such operations. Each party shall have the right to inspect the records of the other party
relating to this Agreement upon reasonable notice to the other party, during working
hours.
14. Non-Waiver of Breach
The failure of either party to insist upon strict perFormance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options and the same shall be and remain in full force and effect.
15. Assignment and Modification
Any assignment of this Agreement by either party without the prior written consent of the
other party shall be void.
No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless agreed to in writing and signed by a duly authorized representative of both
parties.
16. Entire Agreement
The written provisions and terms of this Agreement, together with any Exhibits attached
hereto. shall supersede all prior verbal statements of any officer or other represenfative
of the City, and such statements shall not be effeetive or be construed as entering into or
forming a part of or altering in any manner whatsoever, this Agreement or the Agreement
documents. The entire agreement befinreen the parties with respect to the subject matter
hereunder is con#ained in this Agreement and any Exhibi#s attached hereto, which may
or may not have been executed prior to the execution of this Agreement. All of the above
documents are hereby made a part ofthis Agreement and form the Agreement document
as fully as if the same were set forth herein. Should any language in any of the Exhibits
to this Agreement conflict with any language contained in this Agreement, then this
Agreement shall prevail.
17. Relationship of Parties
The parties intend that an independent contractor-client relationship will be created by
this Agreement. No agent, employee, or representative of Aubum shall be or shall be
deemed to be the employee, agent or representative of Pacific. No agent, employee or
epresentative of Pacific shall be or shall be deemed to be the employee, agent or
CONTRACT FOR DECANT FACILITIES USAGE o R N A LPage6of7RES.A Page 124 of 140
representative of Auburn. None of the benefits provided by Aupurn or Pacific to its
respective employees including, but not limited to, compensation, insurance, and
unemployment insurance are available from Aubum or Pacific to the employees, agents
or representatives of the other City. Each City will be solely and entirely responsible for
its acts and for the acts of its agents, employees and representatives during the
performance of this Agreement.
i8. Severability
The provisions of this Agreement are declared to be severable. If any provision of this
Agreement is for any reasons held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other provision.
DATED this day of 2017.
CI(OF PACIFIC CITI(OF AIJ IJRN
L anne Guier, ayor Nancy Backus, Mayor
100 3 d Avenue SE 25 W. Main Street
Pacific, WA 98047 Auburn, WA 98001
AT°f'EST: AITEST:
Amy St nson-Ness, Cify Clerk Dani Daskam, City Clerk
d PPItOVED AS TO FORM: 4PP D FORM:
C rol Morris, City Attorney Hei , Ci Attorn
CONTRACT FOR DECANT FACILITIES USAGE p R I I N A LPage7of7RES.A Page 125 of 140
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5303
Date:
June 29, 2017
Department:
Police
Attachments:
Resolution No. 5303
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5303.
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:Lee
Meeting Date:July 3, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 126 of 140
RESOLUTION NO. 5 3 0 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE WASHINGTON STATE PATROL,
PIERCE COUNTY SHERIFF'S OFFICE, KING
COUNTY PROSECUTOR'S OFFICE, AND THE
MUNICIPALITIES OF AUBURN, BONNEY LAKE,
FEDERAL WAY, LAKEWOOD, TACOMA, AND
TUKWILA FOR THE CREATION OF THE PUGET
SOUND AUTO THEFT TASK-FORCE
WHEREAS, the City of Auburn, Washington, has been working with other
jurisdictions in the Puget Sound area to address significant problems with auto
theft; and
WHEREAS, in connection with auto theft enforcement, the City of Auburn
joined with its neighboring jurisdictions in establishing a Puget Sound Auto Theft
Task-Force; and
WHEREAS, it is appropriate, for the continued efficacy of this task force, to
renew the Interlocal Cooperative Agreement between the member jurisdictions,
identifying operational parameters and responsibilities applicable thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Adoption of Recommendations. The City Council
hereby approves and adopts the Interlocal Cooperative Agreement between the
Washington State Patrol, Pierce County Sheriff's Office, King County Prosecutor's
Office, and the municipalities of Auburn, Bonney Lake, Federal Way, Lakewood.,
Tacoma, and Tukwila in substantial conformity with the Interlocal Cooperative
Resolution No. 5303
June 28, 2017
Page 1 of 2RES.B Page 127 of 140
Agreement appended hereto, marked as Exhibit "A'' , Incorporated herein by this
reference.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
direetions of this legislation, including extensions and renewals of the Interlocal
Cooperative Agreement.
Section 3. Effective date. This Resolution shall take effect and be
in force upon passage and signatures hereon.
DATED and SIGNED this _ _ day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
ROr/ D R :
ie B. Heid, Cify Attorney -
Resolution No. 5303
June 28, 2017
Page 2 of 2RES.B Page 128 of 140
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
THE WASHINGTON STATE PATROL,PIERCE COUNTY SHERIFF'S OFFICE,KING
COUN'Y PROSECUTOR'S OFFICE,AND THE MUNICIPALI'IES OF AUBURN,BONNEY
LAKE, F DERAL WAY,LAKEWOOD,TACOMA,AND TUKWILA FOR THE CREATION OF
THE PUGET SOUND AU'O TgIE+'T TASK-FORCE.
I. PARTIES
The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff's
Off ce, King County Proseeutor's Office, Pierce County Prosecutor's Office, and the
Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Tacoma, and Tukwila, each of
which is a state, county, or municipal corporation operating under the laws of the State of
Washington,
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of
Washington.
III. PURPOSE
The parties to this Agreement wish to establish and maintain a multi jurisdictional team to
effectively investigate and enforce the laws relating to auto theft. This Agreement is intended to
replace previously executed interloeal agreements that were established for the ACE and P.A.T.R.O.L.
Auto Theft Task Forces related to the WATPA grant awards. This Agreement does not replace any
previously executed interlocal agreements by the parties to provide backup law enforcement
services. This team shall be referred to as the Puget Sound Auto Theft Task-Foree. The parties do
not intend to create through, this agreement, a separate legal entity subject to suit.
IV. FORMATION
There is hereby created a multi jurisdictional team to be hereafter known as the Puget Sound
Auto Theft Task-Force, by the parties (hereafter referred to as participating jurisdictions)to this
Agreement.
1 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGR.EE:MENTRES.B Page 129 of 140
V. STATEMENT OF PROBLEM
The Washington State Legislature has recognized that automobiles are an essential part of our
everyday lives. The family car is typically the second largest investment a person owns,the theft of
which causes a significant loss and inconvenience to people, imposes financial hardship, and
negatively impacts their work, school, and personal activities. Appropriate, meaningful, and
proportionate penalties should be imposed on those who steal motor vehicles.
King County, Pierce County, and the municipalities therein have experienced an increase in
urbanization and population densities resulting in an increase in crime associated with auto theft. This
has stretched the resources of individual police department investigative units.
Historically, law enforcement efforts focused on auto theft have been predominately conducted by
agencies working independently. A multi jurisdictional effort to handle auto theft investigations has
many benefits, including: the more effective use of personnel, improved utilization of furids, reduced
duplication of equipment, improved training, development of specialized expertise, and improved
information sharing. This results in improved services for all participating jurisdictions and increased
safety for the communities they serve through improved auto theft prosecution.
VI. TASK FORCE OBJ ECTIVES
The assigned persorinel from each participating jurisdiction will form the Puget Sound Auto Theft
Task=Force, whieh will serve the combined service areas of all the participating jurisdictions. The Task
Force may also provide assistance to other law enforcement agencies that are not participating
jurisdictions pursuant to chapter 10.93 RCW.
The Task Foree's objective is to provide enhanced and more efficient use of personnel,
equipment,budgeted funds, and training to investigate and aid in the prosecution of prolific or
organized auto theft crimes. The Task Force may respond as able, and as approved by the Task Foree
Supervisors or Commander, to requests for assistance by any participating jurisdiction or by other law
enforcement agencies pursuant to chapter 10.93 RCW.
VII. DURATION AND TERM INATION
The term of this Agreement sha11 be one (1)year, effective upon its adoption and consistent with
the Washington Auto Theft Prevention Authority(WATPA) grant period. This Agreement shall
automatically extend for consecutive one (1)year terms conditioned upon the receipt of funding
through the WATPA grant process.
2 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENTRES.B Page 130 of 140
A participating jurisdiction may withdraw from this agreement by providing thirty(30) days
written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction's
withdrawal prior to the WATPA grant's expiration will be ineligible for related grant funds beyond
reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction's
withdrawal.
A majority vote of the Board may terminate the Task Force. Any vote for termination shall occur
only when the Department Head, or his or her designee, of each participating jurisdiction was given
reasonable advance notice of the meeting in which such vote is taken and reasonable advance notice
that a vote to terminate the Task Force would be coming before the Board at the meeting.
The partieipating jurisdictions may completely terminate this agreement by mutual agreement in
writing.
Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations
described in paragraph XVIII of this Agreement with respect to the withdrawing party as to any
incident occurring before the withdrawal of the party. Those obligations described in paragraph XVIII
shall survive the termination of this Agreement with respect to any cause of action; claim or liability
arising on or prior to the date of termination.
viia. GOVERNANCE
The City of Federal Way, through its Police Department, shall serve as the Lead
Administrative Agency for purposes of this Agreement. The other participating agencies are sub-
recipients. The Lead Administrative Agency shall be responsible for establishing proper
accounting procedures, an audit-trail, and the collection and provision of required reports and
statistics. Sub-recipients shall submit to the Lead Administrative Agency all bills for
reimbursement to ensure that those bills comply with grant policies and regulations prior to the
Lead Agency submitting all reimbursements together to WATPA for payment.
The Task Force shall be governed by an Executive Board("Board") composed of one member
from each participating jurisdiction that has at least one full-time employee assigned to the Task Force
Board Member). Each Department Head shall have an equal vote and voice on all Board decisions.
All Board decisions shall be made by a majority vote of the Board members, or their designees,
appearing at the meeting where the decision is made. A quorum of the Executive Board must be
present for any vote to be valid. A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may deem appropriate.
The Board shall meet quarterly, unless otherwise determined by the Board. Any Board member
3 ( P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENTRES.B Page 131 of 140
may call extra meetings as appropriate. The presiding officer shall provide no less than forty-eight(48)
hours' notice of all meetings to all members of the Board; PROVIDED, however,that in emergency
situations, the presiding officer may conduct a telephoriic meeting or a poll of individual Board
members to resolve any issues related to such emergency.
The Board may, at its discretion, adopt policies, regulations, and operational procedures that
shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and
operational procedures shall apply to all operations; Officers assigned to the Task Force remain
einployees of their employing agency and are subject to the policies of their employing agency. To the
extent that the written policies, regulations, and operational procedures of the Task Force confliet
with the written policies, regulations, and operational procedures of the individual jurisdictions
the Task Force members will adhere to the written policies; regulations, and procedures of their
employing agency.
IX. COMMAN D AN D CONTROL
In the event of a mobilizi g incident, the primarily responsible agency will be the agency in
whose jurisdietion the incident has occurred. The primarily responsible agency shall appoint a
command level officer to serve as Incident Commander to be the offieer in charge of the local event.
The Incident Commander retains full authority and control tliroughout the incident and shall make any
decision as to the resolution of the incident.
X. TASK F'ORCE STAFF
Upon adoption of this Agreement,the staff listed below shall be assigned and serve at the
pleasure of the Board. The Board shall have authority to determine which participating jurisdictions
will contribute staff and shall have authority to approve of staff assigned by a party. The Boaxd may
change, eliminate, or add staff positions as deemed appropriate. The Board sha11, to the best of its
ability, determine which participating jurisdictions may provide staff for the various positions:during
the previous year's budget cycle. A staff inember of the Task Force may be removed from his or her
position for any reason by majority vote of the Board or by the chief/sheriff of his or her employing
jurisdiction: All Task Force staff inembers shall be in good standing with their employing jurisdiclion
at all times during their service on the Task Force.
Commander: A Task Force Commander, with the rank of Commander or Captain(or
command level equivalent) from his/her employing jurisdiction shall be appointed by the Board.
4 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENTRES.B Page 132 of 140
The Commander shall act as the principal liaison between the Board and Task Force staff. The
Commander shall operate under the direction of the presiding officer of the Board. The
Commander shall be responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, and challenges of the Task Force.
The Commander shall prepare monthly written reports to the Board on the actions, progress, and
finances of the Task Borce. The Commander shall be responsible for presenting any policies,
regulations, and operational procedures and revisions for Board review and approval.
Task Force Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant
or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded
by WATPA and appointed by the Board, and one (1) non=WATPA-funded supervisor positions will
be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level
supervisors for the Task Force and shall report directly to the Commander.
Task Force Detective: The Task Force shall have seven(7) WATPA-funded detectives assigned
from participating jurisdictions that are appointed by the Board and four(4) non-WATPA-funded
detectives provided by WSP.
CrimeAnalystr The Task Force shall have one (1) WATPA-funded crime analyst provided by
one of the participating jurisdictions.
Prosecutor:The Task Force shall have one (1)prosecuting attorney provided by the King
County Prosecutor's Office to provide direct access to legal support for improved communication and
prosecution of auto theft cases investigated by the Task Force.
Pursuant to RCW 10.93.040,personnel assigned to the Task Force shall be considered
employees of the employing jurisdiction, which shall be solely and exclusively responsible for that
employee. All rights, duties and obligations of the employer shall remain with the employing
jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any
applicable collective bazgaining agreements or civil service rules and regulations.
XI. EQiJIPMENT,TRAINING,ANID BUDGET
Equipment, training, and eligible expenses will be paid by the Task Force as provided in the
5 P a g e PUGET SOUND AUTO THEFT TASK-FORCE I.NTE.RLOGAL AGREEMENTRES.B Page 133 of 140
WATPA grant through the Lead Administrative Agency's finance department, A parEicipating
jurisdiction which incurs expenses not provided in the WATPA grant is responsible for those
expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a
monthly expenditure invoice to the Lead Administrative Agency's finance department
documenting those expenses that are eligible for reimbursement through the WATPA grant.
Each participating jurisdiction will provide a vehicle for each full-time Employee assigned
by that participating jurisdiction to the Puget Sound Auto Theft Task-Force. The participating
jurisdiction is responsible for maintenance of vehicles provided to its employees assigne.d to the
Task Force.
XII. OVERTIlVIE
Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task
Force supervisor must pre-approve overtime expenditures. Overtime is eligible for reimbursement
only if: (1) a Task Force supervisor authorized the overtime; (2)the overtime activity is specif cal.ly
related to auto theft prevention efforts; and, (3) WATPA funds are available. When the budgeted
overtime funds are depleted, no overtime expenditures will be authorized by the Puget Sound Auto
Theft Task-Force or WATPA. For this reason, available funds for reimbursement will be distributed
aceording to the applicable provisions of the Task Force Policy Manual until those funds are
depleted. The Task Force Policy Manual is a document that will describe the operational procedures
for the task force. If the WATPA overtime funds are depleted, overtime incurred by a Task Force
staff inember shall be the responsibility of the employing jurisdiction.
XIII. REIMBURSEMENT OF FUNI)S
Participating jurisdictions requesting reimbursement for approved expenditures must submit
appropriate invoices and itemized receipts monthly, and no more frequently than once each month,
for actual expenses. Each reimbursement request must contain a eompleted reimbursement request
expenditure form. Reimbursements will be made for actual expenses based upon the available
budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible
for timely submittal of billing documentation and data reporting to the Lead Administrative Agency.
Expenditures made prior to the award date or after the grant expiration date are not authorized and
will not be reimbursed.
WATPA will reimburse participating jurisdictions upon submittal of billing doeumentation, as
outlined in the WATPA grant award. Requests for reimbursement for per diem(meal and travel
6 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENTRES.B Page 134 of 140
expenditures)must be accompanied by an itemized receipt detailing the item purchased. Copies of
timesheets are required for overtime reimbursement, Reimbursement will be made only up to the
amount of the limit of the award as indicated in the WATPA grant award. Any cost above and
beyond the award limit will be the responsibility of the employing jurisdiction,
XIV. RECORDS
Each party shall maintain records related to the Puget Sound Auto Theft Task-Force in
conformance with the Washington State Secretary of State's records retention schedule. All records
kept by a participating jurisdiction shall be available for full inspection and copying by any other
participating jurisdiction. Records related to the Puget Sound Auto Theft Task-Force include but
are not limited to bi-annual WATPA reporting, invoices, and requests for reimbursement along with
supporting docuinentation.
Any party that receives a Public Records Act request for records related to the Puget Sound
Auto Theft Task-Force shall notify within two business-days every other participating jurisdiction to
this Agreement of the request. All participating jurisdictions will search their records to locate and
produce responsive documents.
Criminal investigation reports generated by the Puget Sound Auto Theft Task-Force will be
maintained in the records systems of the employing jurisdiction of the primary Task Force staff
member who created the report. The primary investigator of an incident or case may include in his or
her report supplemental reports that are also filed with another agency by Task Force members.
XV. POLITICAL ACTI VITI ES PRO IIBITED
No government funds,including WATPA award funds may be used for or against ballot
measures or the candidacy of any person for public office.
XVI. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of this Agreement, any assets acquired by the Puget Sound Auto Theft Task-
Force with grant funds shall be distributed by the Board upon a majority vote of all Board members
or their designees.
XVII. PRESS RELEASES
All press releases related to Puget Sound Auto Theft Task-Force activity must be authorized by
the Task Force Commander, who will coordinate the press release with the police agencies in
7 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENTRES.B Page 135 of 140
whose jurisdictions the incident has taken place. In the event that a press release is associated with a
public service announcement or public outreach efforts,the Task Force Commander will coordinate
the press release with the Board.
XVIII. LIABILITY AND INDEMNIFICATION
The Task Force staff assigned by the employing jurisdiction shall continue under the
einployment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out
of or related to the services provided to the T'ask Force or the activities of the Task Force. Each
participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating
jurisdictions in the Task Force in any action arising from the negligence of the employees of that
jurisdiction including all costs of defense including attorney's fees.
A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to
collectively represent and defend the jurisdiciions in any legal action. In the event a jurisdiction
does not agree to joint representation,that jurisdiction shall be solely responsible for all attorney
fees accrued for its individual representation or defense. The jurisdictions and their respective
defense counsel shall make a good faith attempt to cooperate with other participating
jurisdictions. Cooperation includes, but is not limited to,providing all documentation requested
and making Task Force members available for depositions, discovery, settlement conferences,
strategy meetings, and trial.
B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the
commereial insurance market, an insurance pool, self-insurance, or a combination thereof. The
failure of any insurance carrier or self-insured pooling organization to agree to or follow the
terins of this Agreement shall not relieve any participating jurisdiction from its obligations under
this Agreement.
XIX. NOTICE OF CLAIMS, I AWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of its conduct in support of Task Force operations,that jurisdiction
sha11 promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation,
including the claim or legal complaints, shall be provided to each participating jurisdiction within ten
10)days.
8 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREE.MENTRES.B Page 136 of 140
XX. PRE-CLAIM FILING REQUIREMENTS
Seetion XIX of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify
the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to
the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating
jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed
cornpliance with the requirement that a party who fles suit against a jurisdiction first f le a claim with
the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement sha11 be
deemed accepiance of service of a lawsuit, and the fact that a participating jurisdiction provides
notiee or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such
lawsuit in accordance with the state or federal Rules of Civil Procedure or the Revised Code of
Washington.
XXI. WRITTEN CONSENT TO EN FORCE 'I'RAFFIC AN D CRIM INAL LAWS
Pursuant to Chapter 10.93 RCW,this Agreement shall constitute the prior written consent of
each sheriff or police chief of each participating jurisdiction to permit the officers of ariy participating
jurisdiction to enforce traffc or criminal laws in any of the participating jurisdictions in pursuit ofthe
purpose of this Agreeinent.
XXII. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all parties and such
alteration, amendment, or modification shall be effective when reduced to writing and executed in a
manner consistent with this section.
XXIII. FILING
Upon execution,this Agreement shall be filed with the city clerks of the respective participating
municipalities and such other governmental agencies as may be required by law, and each jurisdiction
shall,pursuant to RCW 39.34.040, list this Agreement by subject on its official website.
XXIV. SEVERABILITY
If any part,paragraph, section, or provision of this Agreement is held to be invalid by any court
of competent jurisdiction, such adjudication shall not affect the validity of any remaining section,
9 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREfMENTRES.B Page 137 of 140
part, or provision of this Agreement.
XXV. AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its
duly authorized represenfative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction. This Agreement shall be deemed effective
upon the last date of execution by the last so authorized representative, and upon a
successful grant award by WATPA for the July 2017 through June 2019 WATPA grant cycle.
This Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this agreement
on behalf of the participating jurisdietion, and the participating jurisdiction agrees to the terms of
the Agreement.
fy,,,,'._..
f
Nancy Backus Date Date
Mayor, City of Auburn City Attorney, City of Auburn
Date
City Clerk; City qf Auburn
Neil Johnson Date Date
Mayor, City of Bonney Lake City Attorney, City of Bonney Lake
Woody Edvalson Date
City Clerk, City of Bonney Lake
10 P a g e PUGET SOUND AUTO THEFT TASK-FORCE
INTERLOCAL AGREEMENTRES.B Page 138 of 140
Jim Ferrell Date Date
Mayor, City of Federal Way City Attorney, City of Federal Way
Stephanie Courtney Date
City Clerk, City of Federal Way
Mike Zaro Date Heidi Wachter Date
Chief of Police; City of Lakewood City Attorney, City of Lakewood
Alice Bush Date
City Clerk, City of Lakewood
Elizabetli Pauli Date Date
City Nlanager, City of Tacoma City Attorney, City of Tacoma
Doris Sorum Date
City Clerk, City of Tacoma
Allan Ekberg Date Rachel Turpin Date
Mayor, City of Tukwila City Attorney; City of Tukwila
Christy O'Flaherty Date
City Clerk, City of Tukwila
11. P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENTRES.B Page 139 of 140
Paul Pastor Date Date
Sheriff, Pierce County Clerk, Pierce County
John R. Batiste Date
Chief, Wasliington State Patrol
Daniel T. Satterberg Date
Prosecutor, King County Prosecutor's Office
12 P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENTRES.B Page 140 of 140