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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