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HomeMy WebLinkAbout02-12-2018 CITY COUNCIL STUDY SESSION AGENDACity Council Study Session Finance - Econ Dev S FA February 12, 2018 - 5:30 P M Council Chambers - City Hall A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R A .Roll Call I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .B rannan Park and Reddington L evee Use Agreement (F aber) (10 Minutes) Relinquish Flood Protection Easement and replace it with a Use A greement with King County B .P ublic Art Selection - L es Gove Park (F aber) (20 Minutes) C.Ordinance No. 6670 (Gaub) (10 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington, authorizing the renewal and amendment of Ordinance No. 6452 For Z ayo Group, L L C, Franchise A greement No. 12-41 for a telecommunications system D.NP D E S Annual Report and S tormwater Management Program P lan (Gaub) (15 Minutes) E .Ordinance No. 6677 (Tate) (15 Minutes) P lanning Commission recommendation to adopt text and map amendments to establish and implement the Open Space zoning district created when City Council adopted the 2015 Comprehensive Plan and Comprehensive L and Use Map I V.F I NA NC E A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS A .K ing County Draft Comprehensive S olid Waste Management P lan (Coleman) (30 Minutes) B .S treamlined Sales Tax (S S T) Update (Coleman) (15 Minutes) C.Ordinance No. 6678 (Coleman) (10 Minutes) A n Ordinance of the City Council of the City of A uburn, Washington, establishing the L ocal S ales and Use Tax rate for L ocal Revitalization Financing for 2018 V.O T HE R D I S C US S I O N I T E MS V I .NE W B US I NE S S Page 1 of 201 V I I .MAT R I X A .Matrix V I I I .A D J O UR NME NT 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. Page 2 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Brannan Park and Reddington Levee Use Agreement (Faber) (10 Minutes) Date: January 24, 2018 Department: Parks/Art and Recreation Attachments: RES 5347 Eas ement Relinquishment Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Approve Resolution to Execute Use Agreement Background Summary: In February 2013, the City adopted Resolution No. 4905 which authorized the City to enter into an Interlocal Agreement with King County and the King County Flood Control District for easements associated with the Reddington Levee Extension and Setback Project. Pursuant to the Interlocal Agreement, the City granted a Flood Protection Easement to King County, which granted King County perpetual easement for flood protection purposes. A portion of the easement area is located on a portion of Brannan Park, which was purchased by the City in 1971 with grant funds from The Washington Recreation and Conservation Office (RCO). The RCO has determined that the granting of real property interest in the form of a Flood Control Easement triggers a land conversion requirement, while a Use Agreement does not amount to granting of real property interest running with the land in perpetuity. Therefore, a Use Agreement to provide King County access to the area in perpetuity for the purposes of maintaining the flood control structure would not trigger a land conversion requirement. Park staff has determined that prior to the Reddington Levee Setback Project, the area of land at Brannan Park that was subject to the “take” to accommodate the levee setback project was comprised of Open Space along the Green River. Since the levee was setback from the Green River, the area of “take” remains as Open Space, which still provides access to the river. An element of the Reddington Levee Setback Project was a 1.7 mile paved trail along the top of the levee, which resulted in a substantial improvement to the recreational value of the area. Rev iewed by Council Committees: Councilmember:Staff:Faber Meeting Date:February 12, 2018 Item Number: Page 3 of 201 Page 4 of 201 ---------------------------- Resolution No. 5347 January 23, 2018 Page 1 of 3 RESOLUTION NO. 5 3 4 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR RELINQUISHMENT AND QUITCLAIM OF EASEMENT RIGHTS, INCLUDING A USE AGREEMENT WITH KING COUNTY FOR A PORTION OF BRANNAN PARK, ALL RELATED TO BRANNAN PARK WHEREAS, on February 19, 2013, the City adopted Resolution No. 4905 which authorized the City to enter into an Interlocal Agreement with King County and the King County Flood Control Zone District for easements associated with the Reddington Levee Extension and Setback Project; and WHEREAS, pursuant to the Interlocal Agreement, the City, on April 24, 2013, granted a Flood Protection Easement to King County which granted King County a perpetual easement for flood protection purposes; and WHEREAS, a portion of the Flood Protection Easement area is located on a portion of Brannan Park, a municipal park purchased by the City in 1971 with funds from the predecessor in interest to the State of Washington Recreation and Conservation Office (RCO); and WHEREAS, the City is responsible for complying with the terms and conditions of the 1971 RCO project agreement and grant program requirements; and WHEREAS, RCO has determined that the grant of a real property interest in the form of Flood Control Easement has triggered a conversion requirement; and WHEREAS, RCO has also determined that a Use Agreement that does not amount to grant of a real property interest running with the land in perpetuity would not trigger such a conversion requirement; and Page 5 of 201 ---------------------------- Resolution No. 5347 January 23, 2018 Page 2 of 3 WHEREAS, to resolve the issue and to carry out the intent of the 2013 Flood Control Zone District Interlocal Agreement, King County agrees to relinquish and quitclaim its rights under the Easement back to the City in return for the City agreeing to enter into a Use Agreement with King County for flood protection purposes. 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 documents reflecting agreement between the City and King County providing for easement, use and flood protection purposes for and related to Brannan Park, including Relinquishment and Quitclaim of Easement Rights, as well as a Use Agreement with King County for a portion of Brannan Park, which agreement documents shall be in substantial conformity with the documents attached hereto, collectively marked as Attachment “I” 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 _________________, 2018. CITY OF AUBURN _________________________ ATTEST: NANCY BACKUS, MAYOR _________________________ Danielle E. Daskam, City Clerk Page 6 of 201 ---------------------------- Resolution No. 5347 January 23, 2018 Page 3 of 3 APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Page 7 of 201 1 ATTACHMENT “I” AFTER RECORDING RETURN TO: King County Real Estate Services Section 500 Fourth Avenue, Suite 830 Seattle, WA 98104 Reference No: 20140425000455, Relinquishor of Easement Rights: KING COUNTY, a political subdivision of the State of Washington Property Owner: City of Auburn, a Washington Municipal Corporation Tax ID No: 000100-0081 RELINQUISHMENT AND QUITCLAIM OF EASEMENT RIGHTS This Relinquishment and Quitclaim of Easement Rights is made by King County, a political subdivision of the State of Washington (“King County” or “Relinquishor”) in favor of the City of Auburn, a Washington municipal corporation, (“City”) (collectively referred to herein as the “Parties”). RECITALS A. King County, the Relinquishor herein, is the Grantee of a Flood Protection Easement adjacent to the Green River in the City of Auburn, in King County, Washington, recorded under Auditors File number 20140425000455 (the “Easement”) and granted by the City of Auburn (“Grantor”). The property that is subject to the Easement is identified in Exhibit A to the Easement, the Easement area is described in Exhibit B to the Easement, and the Easement area is depicted in Exhibit C to the Easement (“Easement Area”). Each of these Exhibits is attached hereto and incorporated herein by this reference. B. The City of Auburn is the owner of the underlying fee interest of the Property described in Exhibit A and is the Grantor of the Easement. The Property functions as a City of Auburn municipal park called “Brannan Park”, and the park was purchased by the City in 1971 with funds from the predecessor in interest to the State of Washington Recreation and Conservation Office (“RCO”). The City is responsible for complying with the terms and conditions of the RCO project agreement and grant program requirements. C. The Easement granted King County a perpetual easement for the purposes of (1) accessing and constructing, inspecting, monitoring, reconstructing, maintaining and repairing river bank protection, levees and/or other flood related works, including installing, inspecting and maintaining all vegetation and any other appurtenances thereto, (2) constructing, reconstructing, repairing, maintaining, locating and relocating utilities Page 8 of 201 2 and stormwater facilities or improvements, and (3) constructing, reconstructing, repairing, maintaining, locating and relocating trail improvements across, in, under, on, over and upon the Easement Area. D. RCO has determined that the grant of the real property interest in the form of the Easement has triggered a conversion requirement with respect to the Easement Area, but that a use agreement that does not amount to a grant of a real property interest running with the land in perpetuity would not trigger such conversion requirement. E. King County is agreeable to relinquishing and quitclaiming its rights under the Easement back to the City of Auburn, in exchange for the City agreeing to enter into a use agreement with King County for access to and use of the Easement Area for flood protection purposes. The City of Auburn is agreeable to accepting the relinquishment and quitclaim of easement rights and to entering into a use agreement for the Easement Area, substantially in the form of the Use Agreement attached hereto as Exhibit D. NOW, THEREFORE, in consideration of the mutual benefits described herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, King County hereby agrees that right, title and interest in the Easement is to be relinquished and quitclaimed to the City of Auburn and terminated under the following terms and conditions. 1. The Recitals above are hereby incorporated herein and made a part hereof. 2. King County hereby relinquishes and quitclaims all right, title and interest in the Easement recorded under Auditor’s File Numbers 20140425000455 to the City of Auburn, upon execution by both Parties of the Use Agreement, substantially in the form of that attached hereto as Exhibit D. 3. The City of Auburn, as the fee owner of the Easement Area, hereby accepts and approves the relinquishment and quitclaim by King County of all King County’s right, title and interest in the Easement to the City of Auburn, and hereby consents to the termination of any and all obligations and rights of the City of Auburn, and any and all obligations and rights of King County, under the terms of the Easement, upon execution of the Use Agreement, substantially in the form of that attached hereto as Exhibit D. 4. The City of Auburn (the City herein) shall, on or before ____________[date], sign a Use Agreement, substantially in the form of that attached hereto as Exhibit D, for the area owned by the City that is necessary for King County to meet its flood protection purposes. 5. The Parties agree that this Relinquishment and Quitclaim of Easement Rights shall not be recorded until the Use Agreement, as referred to in Paragraphs 2, 3, and 4 above, is fully executed. Page 9 of 201 3 This Relinquishment and Quitclaim of Easement Rights shall inure to the benefit of and be binding upon the heirs, executors, administrators, and successors in interest and assigns of King County and the City of Auburn. DATED this __________ day of __________________________, 201___. KING COUNTY, WASHINGTON APPROVED AS TO FORM: ______________________________ _____________________________ (name) Senior Deputy Prosecuting Attorney Real Estate Services Division DATED: ______________________ DATED: _____________________ CITY OF AUBURN APPROVED AS TO FORM: ____________________________________ _______________________________ DATED:_____________________________ DATED:________________________ STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that __________________________, signed this instrument, and on oath stated that _______ was authorized by the King County Executive to execute the instrument, and acknowledged it as the Manager of the Real Estate Services Section of the Facilities Management Division of the Department of Executive Services of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated this _____________ day of ______________________, 201___. ____________________________________________ NOTARY PUBLIC in and for the State of Washington, residing at: ___________________________________ My appointment expires: _______________________ Page 10 of 201 4 STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that ______________________________, of the City of Auburn, a Washington municipal corporation, executed the within and foregoing instrument, and acknowledge said instrument to be the free and voluntary act and deed of said entity for the uses and purposes therein mentioned; and on oath stated that he was qualified and acting on behalf of the City of Auburn and was authorized to execute said instrument on behalf of the City of Auburn. Dated this _____________ day of ______________________, 201___. ____________________________________________ NOTARY PUBLIC in and for the State of Washington, residing at: ___________________________________ My appointment expires: _______________________ Page 11 of 201 5 EXHIBIT A PROPERTY SUBJECT TO THE EASEMENT LEGAL DESCRIPTION That portion of the William H. Brannan Donation Land Claim No. 37, in Section 6, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point South 0°59'00" East 157.60 feet from the Northwest comer of said donation claim; Thence North 89°19'00" East 1,117.00 feet to the true point of beginning; Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River (formerly "White River"); Thence along said West bank South 17°24'00" West 59.50 feet; Thence South 6°48'00" West 242.70 feet; Thence South 1°25'00" West 184.50 feet; Thence South 17° 53'00" East 153.10 feet; Thence South 6°28'00" East 260.00 feet; Thence South 12°25'00" East 298.90 feet; Thence South 89°19'00" West 1,148.30 feet, more or less, to a point from which the true pint of beginning bears North 0°59'00" West; Thence North 0°59' 00" West 1,183.69 feet, more or less, to the true point of beginning; Except those portions thereof conveyed to King County for John Reddington Co. Road by deeds recorded under Auditor's file numbers 2776025 and 2776026; And, except portion, if any, lying within 26th Street Northeast (Also known as South 303rd Street); And except that portion described as follows: Commencing at the Northwest comer of said Donation Claim No. 37; Thence North 89°19' East along the North line thereof, 1,117 feet; Thence South 0°59' East, parallel to the West line thereof, 728.6 feet to the point of beginning; Thence South 0°59' East 612.27 feet; Thence North 89°17'14" East 505 feet; Thence Westerly along a curve to the right, the radius of which is equal to 538.42 feet through a central angle of 10°42'23", a distance of 100.61 feet; Thence South 89°19' West 220 feet; Thence westerly along a curve to the left, the radius of which is equal to 336.345 feet through a central angle of 13°33'51" a distance of 79.63 feet; Thence South 75°45'09" West 9.505 feet; Page 12 of 201 6 Thence westerly along a curve to the right, the radius of which is equal to 336.345 feet through a central angle of 13°33'51" a distance of 79.63 feet; Thence South 89°19' West 10.00 feet to the point of beginning. (Being known as Great Western Addition Division No. I) And being the same as described in Warranty Deed recorded under Recording Number 7111010246, records of King County. Page 13 of 201 7 EXHIBIT B EASEMENT AREA All that portion of the above described Exhibit "A", located in the Southeast Quarter of Section 6, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington, lying easterly of the following described line: Commencing at engineers station 0+00.00 point on the Levee Alignment Survey recorded under Recording Number 20121017900001, Records of King County; Thence N11°03'14"W a distance of 13.24 feet to the beginning of a curve concave to the southwest the radius point of which bears S78°56'46"W, 37.90 feet distant; Thence along said curve through a delta angle of 48°56'36" a distance of 32.38 feet to a point on the easterly boundary line of the property described in Exhibit “A,” at engineers station 0+45.62 on said Levee Alignment Survey and the TRUE POINT OF BEGINNING; Thence continuing along said curve through a delta angle of09°05'35" a distance of 6.01 feet; Thence N69°05'25"W a distance of 97.06 feet to the beginning of a curve concave to the northeast the radius point of which bears N20°54'35"E, 112.50 feet distant; thence along said curve through a delta angle of 69°56'48" a distance of 137.34 feet; Thence N02°53'41"E a distance of 186.69 feet to the beginning of a curve concave to the west the radius point of which bears S89°36'42"W, 659.86 feet distant; Thence along said curve through a delta angle of 08°50'56" a distance of 101.91 feet; Thence N12°31'14"W a distance of 256.63 feet to the beginning of a curve concave to the east the radius point of which bears N 78°23'02" E, 315.34 feet distant; Thence along said curve through a delta angle of 20°21'52" a distance of 112.08 feet; Thence N07°49'02"E a distance of 239.99 feet to the beginning of a curve concave to the east the radius point of which bears S 84°10'18" E, 117.61 feet distant; Thence along said curve through a delta angle of 14°19'40" a distance of 29.41 feet; Thence N16°58'24"E a distance of 66.40 feet; Thence N17°52'31"E a distance of 15.99 feet to a point on the north line of the property described in Exhibit “A,” opposite engineers station 12+95.42 on said Levee Alignment Survey and 0.93 feet easterly measured at right angles therefrom, and the TERMINUS OF THIS LINE. Containing 130,031 square feet (2.99 acres). Note: Basis of bearings for this Exhibit B description is Record of Survey filed under Recording Number 20121017900001. Page 14 of 201 8 EXHIBIT C EASEMENT DIAGRAM Page 15 of 201 9 EXHIBIT D USE AGREEMENT USE AGREEMENT FOR PORTION OF BRANNAN PARK The City of Auburn, a municipal corporation of the State of Washington (“City”), as owner of the property legally described in Exhibit 1, attached hereto and incorporated herein by this reference (“Property”), hereby enters into this Use Agreement for Portion of Brannan Park (“Use Agreement”) with King County, a political subdivision of the State of Washington, whereby King County is granted the right to use of a portion of the Property, as described in Exhibit 2 and depicted in Exhibit 3, attached hereto and incorporated herein by this reference (“Use Area”), for river protection purposes, as more fully specified herein. Recitals: A. Brannan Park, a municipal park owned and operated by the City for park recreation purposes, is adjacent to the Green River and has been threatened by flooding when the river reaches flood stages. B. King County, as service provider to the King County Flood Control District (“District”) has constructed through District funding a flood protection facility along a portion of the Green River, called the Reddington Setback Levee Project (“Project”). C. A portion of the Project has been built in the Use Area, and provides enhanced flood protection to Brannan Park and other portions of the City. D. In order to operate, maintain and repair the Project, King County needs access to the Use Area to engage in the activities described in Paragraph 2 below. E. Upon the completion of construction of the Project, grass and landscaping in the Use Area were installed, such that a compatible use with other Brannan Park grassed and landscaped areas has been achieved. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City as the owner of the Property and King County as the entity responsible for the Project, hereby agree as follows: 1. The Recitals above are hereby incorporated herein and made a part hereof. 2. The City grants King County the right to use the Use Area for the purposes of (a) accessing and constructing, inspecting, monitoring, reconstructing, maintaining and repairing river bank protection, levees and/or other flood related works, including installing, inspecting and maintaining all vegetation and any other appurtenances thereto, (b) constructing, reconstructing, repairing, maintaining, locating and relocating utilities and stormwater facilities or improvements, and (c) Page 16 of 201 10 constructing, reconstructing, repairing, maintaining, locating and relocating trail improvements across, in, under, on, over and upon the Use Area. 3. Upon undertaking any of the actions provided for in Paragraph 2 above, the County shall return the area impacted by such activities to the prior grassed and landscaped condition, provided that such restorative measures can be reasonably undertaken without compromising the flood protection features of the Project. 4. King County shall have reasonable ingress and egress upon the Property to access the Use Area. 5. King County shall have the right at such time as may be necessary and in the exercise of its reasonable discretion, to enter upon the Property and to have unimpeded access to, in and through the Use Area for the purposes of undertaking the activities described in Paragraphs 2, 3, and 4 above. 6. The City agrees not to plant non-native vegetation within the Use Area and not to remove or otherwise alter any improvements installed by the County, including any native vegetation that maybe planted and any flood protection works that may be constructed, within the Use Area, without obtaining the prior approval of the County. 7. For the purposes of this Use Agreement, the term “native vegetation” shall mean vegetation comprised of plant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16-750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur at the site. 8. Neither the City nor the County under the terms of this Use Agreement are obligated to future maintenance, repair or other action related to the Project. This Use Agreement and/or any flood related works constructed or to be constructed within the Use Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to the City and the County by any state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided for by law. 9. This Use Agreement is of indefinite duration, and may only be terminated by the City upon written notice being delivered to the County at least sixty (60) days prior the termination date on the basis that the County has breached the terms of this Use Agreement. If the breach is curable, the County may cure the breach within the 60 day period and provide notice of such cure within the 60 day period. Page 17 of 201 11 The Parties agree to engage in arbitration before undertaking any litigation with regard to the terms of this Use Agreement or its breach. 10. The rights, conditions, and provisions of this Use Agreement shall inure to the benefit of and be binding upon the successors in interest and assigns of the City and the County. IN WITNESS WHEREOF, the Parties have executed this Agreement on the _____________________ day of ________________________________, 201___. KING COUNTY, WASHINGTON APPROVED AS TO FORM: ______________________________ _____________________________ DATED: ______________________ DATED: _____________________ CITY OF AUBURN APPROVED AS TO FORM: ____________________________________ _______________________________ DATED:_____________________________ DATED:________________________ Page 18 of 201 12 EXHIBIT 1 PROPERTY SUBJECT TO THE USE AGREEMENT LEGAL DESCRIPTION That portion of the William H. Brannan Donation Land Claim No. 37, in Section 6, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point South 0°59'00" East 157.60 feet from the Northwest comer of said donation claim; Thence North 89°19'00" East 1,117.00 feet to the true point of beginning; Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River (formerly "White River"); Thence along said West bank South 17°24'00" West 59.50 feet; Thence South 6°48'00" West 242.70 feet; Thence South 1°25'00" West 184.50 feet; Thence South 17° 53'00" East 153.10 feet; Thence South 6°28'00" East 260.00 feet; Thence South 12°25'00" East 298.90 feet; Thence South 89°19'00" West 1,148.30 feet, more or less, to a point from which the true pint of beginning bears North 0°59'00" West; Thence North 0°59' 00" West 1,183.69 feet, more or less, to the true point of beginning; Except those portions thereof conveyed to King County for John Reddington Co. Road by deeds recorded under Auditor's file numbers 2776025 and 2776026; And, except portion, if any, lying within 26th Street Northeast (Also known as South 303rd Street); And except that portion described as follows: Commencing at the Northwest comer of said Donation Claim No. 37; Thence North 89°19' East along the North line thereof, 1,117 feet; Thence South 0°59' East, parallel to the West line thereof, 728.6 feet to the point of beginning; Thence South 0°59' East 612.27 feet; Thence North 89°17'14" East 505 feet; Thence Westerly along a curve to the right, the radius of which is equal to 538.42 feet through a central angle of 10°42'23", a distance of 100.61 feet; Thence South 89°19' West 220 feet; Thence westerly along a curve to the left, the radius of which is equal to 336.345 feet through a central angle of 13°33'51" a distance of 79.63 feet; Thence South 75°45'09" West 9.505 feet; Page 19 of 201 13 Thence westerly along a curve to the right, the radius of which is equal to 336.345 feet through a central angle of 13°33'51" a distance of 79.63 feet; Thence South 89°19' West 10.00 feet to the point of beginning. (Being known as Great Western Addition Division No. I) And being the same as described in Warranty Deed recorded under Recording Number 7111010246, records of King County. Page 20 of 201 14 EXHIBIT 2 RIGHT TO USE AREA All that portion of the above described Exhibit "1", located in the Southeast Quarter of Section 6, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington, lying easterly of the following described line: Commencing at engineers station 0+00.00 point on the Levee Alignment Survey recorded under Recording Number 20121017900001, Records of King County; Thence N11°03'14"W a distance of 13.24 feet to the beginning of a curve concave to the southwest the radius point of which bears S78°56'46"W, 37.90 feet distant; Thence along said curve through a delta angle of 48°56'36" a distance of 32.38 feet to a point on the easterly boundary line of the property described in Exhibit “1,” at engineers station 0+45.62 on said Levee Alignment Survey and the TRUE POINT OF BEGINNING; Thence continuing along said curve through a delta angle of09°05'35" a distance of 6.01 feet; Thence N69°05'25"W a distance of 97.06 feet to the beginning of a curve concave to the northeast the radius point of which bears N20°54'35"E, 112.50 feet distant; thence along said curve through a delta angle of 69°56'48" a distance of 137.34 feet; Thence N02°53'41"E a distance of 186.69 feet to the beginning of a curve concave to the west the radius point of which bears S89°36'42"W, 659.86 feet distant; Thence along said curve through a delta angle of 08°50'56" a distance of 101.91 feet; Thence N12°31'14"W a distance of 256.63 feet to the beginning of a curve concave to the east the radius point of which bears N 78°23'02" E, 315.34 feet distant; Thence along said curve through a delta angle of 20°21'52" a distance of 112.08 feet; Thence N07°49'02"E a distance of 239.99 feet to the beginning of a curve concave to the east the radius point of which bears S 84°10'18" E, 117.61 feet distant; Thence along said curve through a delta angle of 14°19'40" a distance of 29.41 feet; Thence N16°58'24"E a distance of 66.40 feet; Thence N17°52'31"E a distance of 15.99 feet to a point on the north line of the property described in Exhibit “1,” opposite engineers station 12+95.42 on said Levee Alignment Survey and 0.93 feet easterly measured at right angles therefrom, and the TERMINUS OF THIS LINE. Containing 130,031 square feet (2.99 acres). Note: Basis of bearings for this Exhibit 2 description is Record of Survey filed under Recording Number 20121017900001. Page 21 of 201 15 EXHIBIT 3 DIAGRAM OF RIGHT TO USE AREA Page 22 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Public Art Selection - Les Gove Park (Faber) (20 Minutes) Date: January 16, 2018 Department: Parks/Art and Recreation Attachments: Presentation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Arts Commission Recommendation Background Summary: In the spring of 2017, the City of Auburn started the process of selecting and commissioning an artist to create an “Iconic Public Artwork” for the new park area of Les Gove Park that fronts Auburn Way South. The budget for this public art project is $125,000 and is part of the CIP budget, inclusive of design, fabrication, installation, travel and WA sales tax. An Iconic Public Art Sub-Committee was convened that included individuals from the Arts Commission and Park Board, as well as the White River Valley Museum Director and a member of the landscape architect firm, The Berger Partnership. Staff from the Parks, Arts & Recreation Department and the Community Development & Public Works Department provided guidance to the sub-committee. The sub-committee determined the goals and required qualifications to include in the call to artists and the outlined the initial selection process. The call to artists was created and promoted in partnership with 4Culture, seeking applications from artists in Washington and Oregon with a submission deadline of May 24, 2017. There were 34 artist or artist group applications received from the call. After thorough review and evaluation by the sub-committee, two finalists were selected to write proposals and present to the sub-committee on June 29, 2017. Of the two artists, Peter Reiquam was selected by the Iconic Public Art Sub-Committee and after a second presentation of three concept designs on July 27, the sub-committee approved a design and forward their recommendation onto the Arts Commission for consideration. The Arts Commission reviewed the design on August 8, 2017 and voted to move the design forward. However, after receiving feedback from the Arts Commission following their August meeting, the design was discussed further at the Arts Commission meeting in September. Due to mixed feelings on the design, the Arts Commission voted again to bring the design back to the sub-committee, and recommended further concept sketches from the artist that might suit the site of Les Gove Park better. On November 8, Reiquam presented another round of eight rough concept sketches to the sub-committee. The Iconic Public Art Sub-Committee voted to forward their recommendation of Reiquam’s “Crow With Fries” design on to the Arts Commission for review at the December 2017 Arts Page 23 of 201 Commission meeting. The Arts Commission voted to approve the design at their December 2017 meeting and asked for the design to be forwarded on to the Auburn City Council for final consideration. Rev iewed by Council Committees: Councilmember:Staff:Faber Meeting Date:February 12, 2018 Item Number: Page 24 of 201 2/5/2018 1 ICONIC PUBLIC ARTWORK for Les Gove Park 1 2 Page 25 of 201 2/5/2018 2 ICONIC PUBLIC ARTWORK for Les Gove Park Call to Artists -Created, posted and promoted by 4Culture •$125,000 Budget (within the CIP) •Open to artists in Washington and Oregon •We received 32 applications Subcommittee Members •Patricia Cosgrove, White River Valley Museum •Arts Commissioners: Greg Watson, Jan Jensen, Nancy Colson •Park Board Members: Wayne Osborne, Lisa J Russell •Other members in attendance: Guy Michaelsen, Berger Partnership (Landscape Architect) Kevin Snyder, Planning/PW Director •Sub-Committee created original “wish list” for the piece and created application criteria/requirements 3 Priorities & wish list for artwork: •A large-scale outdoor artwork for the street-side section of Auburn’s Les Gove Park along Auburn Way South •Indicate presence of park from Auburn Way: will welcome visitors to the community park, have a broad community impact, high visibility, and the hope of becoming an iconic symbol for the park and the City. •Engaging, iconic, and complements the public park setting; a catalyst for the change envisioned for this area •WOW factor -“selfie magnet,” the place that has the giant “_______!” •Colorful/Fun/Playful/Whimsical •Interactive/Touchable/Sitable/Physically Engaging •Connect to a very broad audience - Connect to old/young, local/visitors, male/female, diverse backgrounds, etc. •Something that could be replicated –inside the park or along Auburn Way ICONIC PUBLIC ARTWORK for Les Gove Park 4 Page 26 of 201 2/5/2018 3 Review Process •The subcommittee reviewed applications and selected two finalists for interviews which took place on June 29, 2017: Peter Reiquam and Koryn Rolstad (each presented an initial concept design) •Peter Reiquam was the selected artist, and subsequently went through two more rounds of design process to arrive at recommended art piece. Approval Process Outlined In Arts Commission Policies •Sub-Committee approval and recommendation to Auburn Arts Commission •Arts Commission approval and recommendation to City Council •City Council review; recommended action ICONIC PUBLIC ARTWORK for Les Gove Park 5 BUCKET BRIGADE Fire Station #4, Roswell, GA (2017) Seven powder‐coated stainless steel buckets, graduated in size, are arranged in an arc describing the motion of passing  a bucket of water, hand to hand, neighbor to neighbor, and throwing it onto a raging fire. 7' x 19.5' x 2.5‘ PETER REIQUAM Past Work 6 Page 27 of 201 2/5/2018 4 HIT OR MISS, Pierce County Skills Center, Puyallup, WA An iconic, interactive, freestanding sculpture, Hit or Miss representing the most basic of tools and by extension all of the  specialized tools used in the various programs taught at the Skills Center. This colossal hammer becomes a metaphor…  students learn(ing) through hands‐on experience, and that failure is an integral part of learning any new skill. Powder‐coated aluminum, stainless steel 15' x 10' x 10‘, Washington State Arts Commission and Bethel School District , 2015 PETER REIQUAM Past Work 7 FIRE ROCKET Albuquerque Fire Station #2,  Albuquerque, NM A rocket ship in the guise of an  Albuquerque fire engine, “Fire  Rocket”… a metaphor for the rapid  response capabilities of a modern  fire fighting force and makes  reference to New Mexico’s long history of rocketry. Painted Aluminum, animated, solar  powered LED lights 10’ x 3.5’ x 13’ Albuquerque Public Art Program  and Albuquerque Fire Department PETER REIQUAM Past Work 8 Page 28 of 201 2/5/2018 5 NINE LIVES Inspired by the iconic Eveready Battery logo depicting a stylized black cat with a lightning‐bolt tail jumping through the  number 9, “Nine Lives” expands this graphic image into a giant three‐dimensional cat that appears to be stepping off of  the firehouse roof. At night, the cat's glass eyes glow from internal LED lights. Powdercoated aluminum, glass, LED light, 10’ x 2’ x 20’, Seattle Office of Arts and Culture, 2013 PETER REIQUAM Past Work 9 BIG CORN  Willis Street Gateway, Kent, WA This cartoon corn recalls the history  of the Kent Valley as a rich  agricultural area. Standing over seventeen feet tall, the piece  features ears of corn nearly two‐ feet long. Powdercoated steel 17’ x 13’ x 10’ Kent Arts Commission, 2007 PETER REIQUAM Past Work 10 Page 29 of 201 2/5/2018 6 Recommended Iconic Public Artwork PETER REIQUAM “Crow With Fries”11 PETER REIQUAM “Crow With Fries” “ “ “Giant stylized crow… fabricated of aluminum with a durable, semi-gloss black powder-coated finish” “Glass eyes internally illuminated with LED lights and in-ground lighting to illuminate the piece at night”12 Page 30 of 201 2/5/2018 7 PETER REIQUAM “Crow With Fries” 13 PETER REIQUAM “Crow With Fries” 14 Page 31 of 201 2/5/2018 8 PETER REIQUAM “Crow With Fries” 15 PETER REIQUAM “Crow With Fries” 16 Page 32 of 201 2/5/2018 9 QUESTIONS? 17 Page 33 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6670 (Gaub) (10 Minutes) Date: December 19, 2017 Department: CD & PW Attachments: Draft Ord 6670 Ord No.6452 Budget Impact: Administrativ e Recommendation: Discussion of Draft Ordinance No. 6670 for Zayo Group, LLCs Telecommunications System Franchise Renewal Background Summary: Zayo Group, LLC has applied for renewal and amendment to their existing Franchise Agreement to continue to operate within the City’s rights of way a telecommunications system throughout the City. The applicant is currently in compliance with all licensing, bonding and insurance requirements of the existing Franchise Agreement and Auburn City Code. Any construction, maintenance, improvements or changes to Zayo’s facilities are managed through the City’s permitting processes that are a requirement of the existing Franchise Agreement. Approval of Ordinance No. 6670 would renew Franchise Agreement No. 12-41 for an additional five years from the effective date of Ordinance No. 6670 and amend Ordinance No. 6452 to update Zayo’s contact address. Per Auburn City Code Chapter 20.06.130 and Section 3 of existing Franchise Agreement No. 12-41, Ordinance No. 6452, the Grantee may renew this Franchise for an additional five year period upon submission and approval of the application specified under ACC 20.06.130. A Public Hearing for this renewal is scheduled before City Council on February 20, 2018 in accordance with Auburn City Code Chapter 20.06.140. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:February 12, 2018 Item Number: Page 34 of 201 ------------------------------ Draft Ordinance No. 6670 Zayo Franchise Agreement Renewal December 6, 2017 Page 1 of 5 ORDINANCE NO. 6 6 7 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL AND AMENDMENT OF ORDINANCE NO. 6452 FOR ZAYO GROUP, LLC, FRANCHISE AGREEMENT NO. 12-41 FOR A TELECOMMUNICATIONS SYSTEM WHEREAS, on April 1, 2012, the City Council adopted Ordinance No. 6452, granting a telecommunications franchise to Zayo Group, LLC; and, WHEREAS, Zayo Group LLC wishes to renew said Franchise Agreement for an additional five year term; and WHEREAS, following proper notice, the City Council held a public hearing on Zayo Group, LLC’s request for renewal of Ordinance No. 6452, at which time representatives of Zayo Group, LLC and interested citizens were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, based upon the foregoing recital clauses and from information presented at such public hearing and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and its inhabitants that the renewal of Ordinance No. 6452 be granted to Zayo Group, LLC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Page 35 of 201 ------------------------------ Draft Ordinance No. 6670 Zayo Franchise Agreement Renewal December 6, 2017 Page 2 of 5 Section 1. The City approves Zayo Group, LLC’s application for renewal for one five-year period as provided for in Section 3 of Ordinance No. 6452, a copy of which is attached hereto, marked as Exhibit A, under the conditions set forth in this Ordinance. Such five-year renewal period shall commence on the effective date of this Ordinance. Section 2. Section 2, Paragraph A. of Ordinance No. 6452 regarding Grantee contact information is hereby amended as follows; Grantee: Zayo Group, LLC Attn. General Counsel, ZFTI 400 Centennial Parkway, Suite 200 1805 29th Street, Suite 2050 Louisville, CO 80027 Boulder, CO 80301 Section 3. Zayo Group, LLC shall, within thirty (30) days after the effective date of this Ordinance, file with the City, a fully executed Statement of Acceptance of this Ordinance, which written acceptance shall be Exhibit B, attached hereto and incorporated herein by this this reference. Section 4. This Ordinance shall supersede Ordinance No. 6452 to the extent that it contains terms and conditions that change, modify, delete, add to, supplement or otherwise amend the terms and conditions of Ordinance No. 6452. All other provisions of Ordinance No. 6452 shall remain unchanged and in full force and effect. Page 36 of 201 ------------------------------ Draft Ordinance No. 6670 Zayo Franchise Agreement Renewal December 6, 2017 Page 3 of 5 Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR Page 37 of 201 ------------------------------ Draft Ordinance No. 6670 Zayo Franchise Agreement Renewal December 6, 2017 Page 4 of 5 ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ Page 38 of 201 ------------------------------ Draft Ordinance No. 6670 Zayo Franchise Agreement Renewal December 6, 2017 Page 5 of 5 EXHIBIT “B” STATEMENT OF ACCEPTANCE Zayo Group, LLC., for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise Agreement, Ordinance No. 6452, attached hereto and incorporated herein by this reference as amended by Ordinance No. 6670. Zayo Group LLC 1805 29th St SE, Suite 250 Boulder, CO 80301 By: Date: Name: Title: STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 2018, before me the undersigned, a Notary Public in and for the State of __________, duly commissioned and sworn, personally appeared, __________________ of _________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: Page 39 of 201 ORDINANCE NO. 6 4 5 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO ZAYO GROUP, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR A TELECOMMUNICATIONS SYSTEM WHEREAS, Zayo Group, LLC, ("Grantee") has applied to the City of Aubum ("Cit') for a non-exclusive Franchise fo the right of entry, use, and occupation of certain public right(s)-of-way within the City, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way; and WHEREAS, following proper notice, the City Council held a public hearing on March 18, 2013, on Grantee's request for a Franchise, at which time representatives of Grantee and interested citizens virere heard in a full public proceeding affording opportunity for commenf byany and all persons desiring to be heard; and WHEREAS, from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and its inhabitants that the franchise be granted to Grantee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASFiINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, the City grants to the Grantee general permission to eMer, use, and occupy the right(s)-of-way and/or other public property specfied in Exhibit "A," attached hereto and incorporated by reference (the °Franchise Area"). B. The Grantee is authorized t_o install, remove, construct, erect, operate, maintain, relocate and repair the types of facilities spec ed in Exhibit B," attacheii hereto and incorporated by reference, and all necessary appurtenances thereto, ("Gran4ee Facilities") for provision of those services set forth in Exhibit "C" ("Grantee Services") in, along, under and across the Franchise Area. Ordinance No. 6452 January 29, 2013 Page 1 of 15 Page 40 of 201 C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Grantee Facilities and Grantee Services, and it extends no rights or privilege relative to any facilities or services of any type, including Grantee Facilities and Grantee Services, on public or private property elsewhere w hin the City. D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interFeres with Grantee's right set forth herein. E. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to the Franchise Area or any other City roads; rights-of-way, property, or any portions thereof. This Franchise shall be subject to the power of eminent domain, and'in any proceeding under eminent domain, the Grantee acknowledges its use of 4he Franchise Area shall have no value. F. The Ciry reserves the right to change, regrade, relocate, abandon, orvacate any right-of-way wRhin the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. G. The Grantee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the Gity and the public's need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2 Notice A. Written notices to the parties shall be sent by certified mail to the following addresses, unless a different address shall be designated in writing and delivered to the other party. City:Engineering Aide, Public Wo lcs Department-Transportation City of Aubum 25 West Main Street Aubum, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 Ordinance No. 6452 January 29, 2013 Page 2 of 15 Page 41 of 201 with a copy to: City Clerk City of Auburn 25 West Main Street Aubum, WA 98001-4998 Grarrtee: Zayo Group, LLC Attn. General Counsel, ZFTI 400 Centennial Parkway, Suite 200 Louisville, CO 80027 B. Any changes to the above-stated Grantee ir formation shall be sent to the City's Engineering Aide, with copies to the City Clerk, referencing the title ofthis agreement. G The a6ove-stated Grantee voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. Sectio 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from the date of execution specfied in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application spec ed under ACC 20.06.130, as it now exists oP is amended, wrthin the timeframe set forth 4herein (curren4ly 240 to 180 days prior to e iration of the then-current term). Any materials submiited by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submiY those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Serv'ices, or to reflect specific reporting periods mandated by the ACC. C. Failure to Renew Franchise— Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise automatically continues month to month until renewed or efther party give.s written notice at least one hundred and eighty (180) days in advance of iMent not to renew the Franchise. Ordinance No. 6452 January 29, 2013 Page 3 of 15 Page 42 of 201 Section 4. Definitions For the purpose of this agreement: ACC" means the Aubum City Code. Emergency' means a condition of imminent danger to the health, safety and welfare of persons or property Iocatedwithin the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots, acts of terrorism or wars. Maintenance or Maintain" shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation. Relocation" means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Grantee would accomplish and charge to third parties without regard to municipal request. Rights-of-Way° means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-ways and similarpublic properties and areas. Section 5. Acceptance of Franchise A. This Franchise, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with tHe City Clerk (1) the Statement of Aoceptance, attached hereto as Exhibit "D," and incarporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guaraMees spec ed in Section 16 collectively, "Francfiise Acceptance"). The date that such Franchise Acceptance is filed with the City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within 30 days after the effectiye date of the ordinance approving the Franchise, the City's grant of the Franchise will be null and void. Section 6. Construction and Maintenance A. The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee Ordinance No. 6452 January 29, 2013 Page 4 of 15 Page 43 of 201 Facilities. Grantee shall comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work, which shall be done in a thorough and proficient manner. B. Grantee agrees to coordinate its activities with the City and all other utilities located within the public right-of-way within which Grantee is under taking its activit r. C. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the public right-of-way and may from 6me to time, pursuant to the applicable sections of this Franchise, require the removal, relocation and/or replacement thereof in the public interest and safety at the expense of the Grantee. D. Before commencing any work within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to ideMify exisfing utility infrastructure. E. Tree Trimming. Upon prior written approval of the. City and in accordance with City ordinances, Grantee shall have the authority to reasonably trim trees upon and ovefianging streets, public rights-of-way, and places in the Franchise Area so as to preverrt the branches of such trees from coming in physical contact with the Grantee Facilities. Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty- four (24) hours of completion ofthe fimming, the City may, at its sole discretion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require a land clearing permit. Section 7. Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, pro4ided that the Grantee shall notify the City Construction Manager in writing as prompUy as possible, before such repair or emergency work commences, or as soon thereafter as possible, if advance notice is not practical. The City may act, at any time, vvithout prior written notice in the case of emergency, but shall notify the Grantee in writing as promp4ly as possible under the circumstances. Section 8. Damages to City and Third-Party Property Ordinance No. 6452 January 29, 2013 Pageb of 15 Page 44 of 201 Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third- party, Grantee will restore, at its own cost and expense, said property to a safe condition. Such repairwork shall be performed and completed to the satisfaction of the City Engineer. Section 9. Location Preference A. Any structure, equipment; appurtenance or tangible property of a utility, other than the Grantee's, which was installed, constructed, completed or in place prior in time to Grantee's applica4io for a permit to construct or repair Grantee Facilities under this Franchise shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to another utility's submittal of a permit for new oradditional structures, equipment, appurtenances or tangible property, then the Grantee Facilities shall have priority. These rules goveming preference shall continue in fhe event of the necessity of relocating or changing the grade of any City road or right-of-way. A relocating utility shall not necessitate the reloc tion of another utility that otherwise would not require relocation. This Section shall not apply to any City facilities or utilities that may in thefuture require the relocation of Grantee Facilities. Such relocations shall be govemed by Section 11. B. Grantee shall maintain a minimum underground horizontal separation of five (5) feet from City water, sanitary sewer and storm sewer facilities and ten (10) feet from above-ground City water facilities; provided, that for development of new areas, the City, 'in consultation with Grantee and other utility purveyors or authorized users of 4he Public Way, will develop guidelines and procedures for determining spec c utility locations. Section 10. Grantee Infortnation A. Grantee agrees to supply, at. no cost to the City, any information reasonably requested of the City Engineering Aide to coordinate municipal functions with Grantee's activities and ftilfill any municipal obligations under state law. Said information shall include, at a minimum, as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the loca4ion of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, compatible with the Ciry's data base system, as now or hereinafter existing, including the City's geographic information Service (GIS) data base. Grantee shall keep the City Right-of-NVay Ordinance No. 6452 January 29, 2013 Page 6 of 15 Page 45 of 201 Manager informed of its long-range plans for coordination with the Citys long- range plans. B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the Ciry. Accordingly, the Ciry agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of'time to obtain an injunction to prohibit the City's release of records. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attomeys fees) imposed on the Clty because of non-disclosures requested by Grarrtee under Washington's open public recordsact, provided the City has not ed Grantee of the pending request. Section 11. Relocation of Grantee Facilities A. Except as othervvise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be reguired by RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to p oted and save harmless the City from any customer or third-party claims for serVice interruption or other losses in connection with any such change, reloca#ion, abandonment, or vacation of the Pubic Way. B. If a readjustment or relocation of the Grantee Facilities is necessitated by a request ftom a party other than the City, that party shall pay 4he Grantee the actual costs thereof. Section 72. Abandonment and or Removal of Grantee Facilities A. Within one hundred and eighty days (180) of Grantee's permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City's discretion, ei4her abandon in place or remove the affected facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Sectlon 13. Undergrounding Ordinance No. 6452 January 29, 2013 Page7 of 15 Page 46 of 201 A. The parties agree that this Franchise does not limit the Ciry's authority under federal law, state law, or local ordinance, to require the undergrounding of utilities. B. Whenever the City requires the undergrounding of aeriai utilities in the Franchise Area, the Grantee shall underground the Grantee Facilities in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99. Where o4her vtilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs bome by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities. Common costs shall include necessary costs for common trenching and utility vaufts. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded. Section 74. Indemnification and Hold Harmless A. The Grantee shall defend, indemniiy, and hold the City and its officers, officials, agents, employees, and Volunteers harmless from any and all costs; claims, injuries, damages, losses, su'its, orliabilities of any nature including attorneys' fees arising out of or in connecfion with the Grantee's perFormance under this Franchise, except to the exterrt such costs, claims, injuries, damages, losses, suits, or liabilities are caused by the negligence of the City. B. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee Facilities caused by maintenance and/or construction work performed by, or on behalf of; the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence of the City, or its agent perForming such work. C. The Grantee acknowledges thaY neither the City nor any other pu6lic agency with responsibility for fire fighting, emergency rescue, public safery or similar duties within the City has 4he capability to provide trench, close trench or confined space rescue. The Grantee; and its agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such services. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City's failure or inability to providesuch services, and, pursuanYto theterms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services. Ordinance No. 6452 January 29, 2013 Page 8 of 15 Page 47 of 201 D. Acceptance by the Ciiy of any work Perfom ed by the Grantee shall not be grounds for avoidance of this section. E. It is further spec cally and expressly understood that the indemn cation provided herein constitutes the Grantee's waiver of immunity under Industrial Insurance. Title 51 - RCW, solely for the purposes of this indemn cation. This waiver has 6een mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connedion with the performance of the worlc hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,0OO,OU0.00 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a 2;000,000.00 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury and advertising injury and liability assumed undeian insured contract. The Commercial General Liability insurance shall be endorsed to providethe Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground properry damage. The City shall be named as an additional insured under the Grantee's Commercial General Liability insurance policy with respect to the work performed under this Franchise using ISO Addfional Insured Endorsemerrt CG 20 10 10 01 and Additional Insured-Completed Operations Ordinance No. 6452 January 29, 2013 Page 9 of 15 Page 48 of 201 endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than 1,000,000.00 per claim for all professional employed or retained Grantee to pe form services under this Franchise. 4. Wo icers' CompensaUon coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liabil'ity, Professional Liability, and Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance as respects the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Grarrtee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled by eitherparty excepYafter thirty (30) days` prior written notice by cerfified mail, retum receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Grantee shall fumish the City with documentation of insurer's A.M. BesY rating and with original cert cates and a copy of'amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requiremerrts of the Consultant before commencement of tlie work. E. Grantee shall have the right to self-insure any or all of the aboye- required insurance. Any such self insurance is subject to approval by the City. F. Grantee's maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage proyided by such insurance, or othervvise limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity+. Section 16. Performance Security Ordinance No. 6452 January 29, 2013 Page 10 of 15 Page 49 of 201 The Grantee shall provide the City with a financial guarantee in the amount of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this Franchise, in a form and substance acceptable to 4he City. In the event Grantee shall fail to substantially compiy with any one or more of the provisions of this Franchise, then there shall be recovered jointly and severally from the principal and any surety of such financial gua,rantee any_damages suffered by Ciry as a result thereof, including but noY limited to staff time, material and equipment costs, compensa4ion or indemn cation of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grarrtee specificalty agrees thaY its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee's liability to the guarantee amount, or otherwise limit the City's recourse to any remedy to which the Ciiy is otherwise entitled at law or in equity. Section 17. Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grarrtee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shatl inure to its successors, assignees and contractors equally as if they were spec cally mentioned herein wherever the Grantee is mentioned. B, This Franchise shall not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance; Provided, that prior consent for an assignment to Grantee's affiliates may be granted administrafively. C. Grarrtee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) days prior to the proposed date of transfer: (a) Complete information setting forth the nature; term and conditions of the praposed assignment or transfer, (b) All information required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonably incuRed by the City in processing, and investigating the proposed assignment or transfer. D. Prior to the City's consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Asgignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the Ordinance No. 6452 January 29, 2013 Page 11 of 15 Page 50 of 201 Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obiigation to undertake any investigation of the transferoPs state of compliance and failure of the Ciry to insist on full compliance prior to transfer does not waive any right to insist on full compliance thereafter. Section 78. Dispute Resolution A. In the event of a dispute between the Ciry and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this P qreement. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. B.. If the parties fail to achieve a resolution of the dispute in this. manner, either party may then pursue any available judicial remedies. This Franchise shall be govemed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties spec cally understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attomeys' fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment. Section 19. Enforcement and Remedies A. Ifithe GraMee shall willfuly violate, or fail to comply with any of the provisions of this Franchise through willful or unreasonable negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions ofi this agreement, the City may, at its discretion, provide Grantee with written no4ice to cure fhe breach within thirty (30) days of not cation. If the City determines the breach cannot be cured within thirty days, the City may speciy a longer cure period, and condition the extension of time on Grantee's submittal of a plan to cure the breach within the specified period, commencement of work within the originaf:thirty day cure period, and diligenf prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not compty with the speafied conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. Ordinance No. 6452 January 29, 2013 Page 12 of 15 Page 51 of 201 B. Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Franchise and require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and ff the Grantee's actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20: Compliance with Laws and Regulations A. This Franchise is subject#o, and the Grantee shall comply with all applicable federal and state ar City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federaf laws and regulations, affecting performance under this Franchise. furthermore, notwithstanding any otherterms of this agreement appearing to the contrary, the Grarrtee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare ofi the general public in relation to the rights granted in the Franchise Area. B. The City reserves the right at any time to amend this Franchise to co orm to any hereafter enacted, amended, or adopted federal or state statute or regulafion relating to the public health, safety, and weffare, or relating to roadway regulation, or a City Ordinance enacted pursuarrt to such federal or state statute or regulation upon providing Grantee with thirty (30) days written notice of its action setting forth the full te ct of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amencJment shall 6ecome automatically effecfiVe upon expiration of the notice period unless, before e iration of that period, the Grantee makes a written call fornegotiations over the terms of the amendment. If the parties do not reach agreemeM as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enacY the proposed amendment, by incorporating the Grarrtee's concems to the maximum extent the City deems possible. C. The City may terminate this Franchise upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or mod cation. Section.21. License, Tax and Other Charges This Franchise shall not exempt 4he Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it Ordinance No. 6452 January 29, 2013 Page 13 of 15 Page 52 of 201 under state ar federal law for revenue .or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this Agreement, in no event shall either party be liable for any special, incidental, indirect, punitiye; reliance, consequential or similar damages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder pofions shall remain in effect. Section 24. Titles The section titles used herein are for reference only and should not be used for the purpose of interpreting this Franchise. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Seetion 26. Effective date. This Ordinance shall take effect and be in force froe days from and after its passage, approval and publication as provided by law. INTRODUCED: APR - 1 2013 PASSED: APPROVED: T 2013 PETE . EWIS, MAYOR Ordinance No. 6452 January 29, 2013 Page 14 of 15 Page 53 of 201 ATTEST: Ql Dani Ile E: Daskam, City Clerk APPROVED AS TO FORM: a e ,` 'ty tt ne Published: a13.----` r1d'" Ordinance No. 6452 January 29, 2013 Page 15 of 15 Page 54 of 201 c r -! ! i u I ? i . i ! ' r t'" ' i 1/ E 11 1 1 : + ' r h _/ t+ n I .,'_ . a . t '_ - , .. " _.'. __ : . ln .. i.-; I' rr'. a0.. -- - " ' — i_ . _ \ r1 ii .' t•_, O .' i 1 l"-. t . y f p f _ I tt' m v X 1 yaa 7 aN D i "- Sj- T- 515T- AVEeS N i-- w^ 5nr Es ssir+ av r U. P RAtLROAD ' U. P RAILROAD SRlI6j: SIp( T, I y AI SRitb7- NORTH-+- I.,., IQ pqEIFlC- AVE- S IU. P. RAILAOAD yUPRq ILROAD p p G BN S. F. RAII. ROAD h Y_ N BIN'. 5-. F. RAILROAD r a S. T- S C- STSW NW - B• 5T- NW— 3 o I 1 I V' 4 i x x Y ! eVRN. WAY. T1C S T 1NE/` f I .'_`\'?; N I ST.' N' E , i i . 444 L cl', E i f Q- i ? '•.' m yT• SE[ m - y Z I 1 I i. S t f I.." 1; lJ: j! \ c • L 7 d fJ ' N i - y 1 ' i. rzn+ v` ! n m A ESE hiL , i . a y- s 1 I i I A A l r m QQ 6 I . ._ o BNy- F. T247H' pVE SE . SU i 1 _ i. ,{; i f_ J o i ya O a i . - i -; i i 1 i i' i i O 9_° _ l. n r/" cc q r .- , . .__`' f ' . I I _ _" I 1 1 F i t : I r : l u.: t ` " i: '/ i f t... i i . 1 C i b y i f::' Page 55 of 201 C`I` upn C][I I V Grantee Facilities Underground and overhead fiber optic cable consisting of individual fiber optic strands. Ordinance No. 6452 Franchise Agreement No. 12-41 DATE 01/29/2013 Page 56 of 201 Exhibit "C" Grantee Services Zayo is a provider of bandwidth infrastructure solutions, offering traditional lit telecommunications services (including private]ines and wavelengths, Intemet access and co-location) to wholesale and enterprise oustomers over a fiber-optic network in metropolitan markets from coast-to-coast. Wholesale carrier customers include telecom, wireless, cable, LEC and Intemet serV'ice providers. Enterprise customers include web-centric and technology businesses, governmerit entities, educational institutions, financial services companies, healthcare providers and smaller firms needing to connect mumple facilities. Zayo does not provide any residential, voice, cable or video senrice. Ordinance No. 6452 Franchise AgreementNo. 12-41 DATE 01/29/2013 Page 57 of 201 Zayo Group Proposed Initial Buildout I s-z-rH•sr1 w z 3 N E w z 9G J r— 6G,p 49jNS NE W Im Q I i 5'7 IoSE-2g 5. 5.( F I 5E-282ND 5T a I 44iH 5 T- NWI— pS o I w 3 zJ w 5E-284TH 5T—wIa rc— Y287TH-ST z a- ,qzND- S7_NEU SEd85TH3TSE286TH-ST il „, SE28I7H-ST SE 286TH-PL QB-0L-NW j sEz an i I r i J 5E-290TH S7 5Z92ND;ST a SZ92ND'ST o_____ I J i W o Q N I sFl9s Q 5-296TH-ST i n rh" Nj a w - N s o Z I I -3.'tiP-:T-Nc-J. l> w r N i a 5-300TH 54 O c 30TH3T-NE-30TH-S T NE N— s f a rI29TH-ST-IJW I Q— I w_ N L n 28TH-SFHE L- Q _ +. a 26TH-57-NW 3 I S a = a' lJ Y—Z Y J rP'- y 2 z 3E-304TH PL_ o o -='Q SE 3 H ST n 9L h i I f v m i L'Is 22ND 5T-Nw Prinred Date:t R9ROt 3 Pro osed initial buildout ali nment. FinalPg Map[reareE by City of aubum eGiS alignment and location to be determined ePnf=•=,=,Ce re,ra da e,r v, during engineering review of required P"""`e<`g s'°ah"°`°a"° g"°;° tla[a az mapped.T e City W pubum maYes no arra ry as m its accuacy.construction permits. Page 58 of 201 EXHIBIT"D" STATEMENT OF ACCEPTANCE Zayo Group, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. Grantee] By: J-, ti Date: i i I i J Name: 6;. Fr;cdM.. Title: CFU'ZFT J Zo, (,,,,,P, LL STATE OF J „ra r o ) ss. COUNTY OF 'o, ,I I:c_r ) i On this I day of I 2013, before me the undersigned, a Nota_ry Public in and for 4he State of C r o , duly commissioned and sworri, personally appeared, f rl s,n._ of 4he company that executed the within and foregoing ' strument, and ackno he said instrumerrt to be the free and voluntary.act and deed of said company, for the uses and purposes therein mer tioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official.seaf on the date hereinabove set forth. h . C ll h /_ Sigriature NOTARY PUBLIC in and for the State of 1 «c o , residing at P o.lr oa o:,n MY COMMISSION EXPIRES: wc ewn aaar uc eu o caauoo po un mrmmasro w oair sac tm. Ordinance No. 6452 Franchise Agreement No: 12-41 DATE 01/29/2013 Page 59 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: NPDES Annual Report and Stormwater Management Program Plan (Gaub) (15 Minutes) Date: February 5, 2018 Department: CD & PW Attachments: NPDES Draft Annual Report with attachments Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The material to be presented at this study session initiates a 3-week public review and comment period associated with the City of Auburn’s National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit (Permit). Background Summary: The City’s NPDES Permit was issued by the Washington State Department of Ecology for the period 2013-2018. Conditions of the Permit include submittal of an Annual Report describing the NPDES activities completed during the previous year (2017), and development of a Stormwater Management Program Plan (SWMP Plan) for NPDES activities planned for the current year (2018). The study session will include a discussion of the City’s 2017 NPDES activities and its proposed 2018 NPDES activities. The Permit requires that the City allow public input on the SWMP Plan as part of the Public Involvement and Participation requirements in the City’s Permit. After the Study Session, the SWMP Plan will be posted on Auburn’s website for public review and comment. A Public Hearing is being scheduled for the Council’s March 5, 2018 meeting to receive public input on the SWMP Plan, and notice of the public hearing has been published in the newspaper. A resolution for adoption of the SWMP Plan will be presented for the City Council’s consideration at the March 19, 2018 meeting. The annual report and the SWMP Plan must be submitted to Ecology by March 31, 2018. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:February 12, 2018 Item Number: Page 60 of 201 Page 61 of 201 Submittals WQWebSubmittal WQWebSubmittal Home WQWebPortal Home Help FAQs Logout Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan). (S5.A.2) Saved Document Name: 2018 SWMP Plan Draft 20180104_1_02012018024349 2 S9.D.5 Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or decrease in the Permittee’s geographic area of permit coverage during the reporting period per S9.D.5. Not Applicable 3 S5.A.3 Implemented an ongoing program to gather, track, and maintain information per S5.A.3, including costs or estimated costs of implementing the SWMP. Yes 4 S5.A.5.b Coordinated among departments within the jurisdiction to eliminate barriers to permit compliance. (S5.A.5.b) Yes 5 S5.C.1.a.i and ii Attach description of public education and outreach efforts conducted per S5.C.1.a.i and ii. Saved Document Name: Auburn Question 5_5_02012018024638 6 S5.C.1.b Created stewardship opportunities (or partnered with others) to encourage resident participation in activities such as those described in S5.C.1.b. Yes 7 S5.C.1.b Used results of measuring the understanding and adoption of targeted behaviors among at least one audience in at least one subject area to direct education and outreach resources and evaluate changes in adoption of targeted behaviors. (Required no later than February 2, 2016, S5.C.1.b) Yes 8 S5.C.2.a Describe the opportunities created for the public to participate in the decision making processes involving the development, implementation and updates of the Permittee’s SWMP. (S5.C.2.a) Public comment is requested through advertisement in the newspaper and on the City's website. A public hearing is held a City Council meeting. 9 S5.C.2.b Posted the updated SWMP Plan and latest annual report on your website no later than May 31. (S5.C.2.b) Yes 9b S5.C.2.b List the website address. www.auburnwa.gov 10 S5.C.3.a.i - vi Maintained a map of the MS4 including the requirements listed in S5.C.3.a.i.-vi. Yes Page 62 of 201 Number Permit Section Question 11 S5.C.3.b.v Implemented a compliance strategy, including informal compliance actions as well as enforcement provisions of the regulatory mechanism described in S5.C.3.b. (S5.C.3.b.v) Yes 12 S5.C.3.b.vi Updated, if necessary, the regulatory mechanism to effectively prohibit illicit discharges into the MS4 per S5.C.3.b.vi. (Required no later than February 2, 2018) Yes 12b Cite the Prohibited Discharges code reference ACC 13.48.210 13 S5.C.3.c.i Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i. Yes 13b S5.C.3.c.i Cite methodology Illicit Connection and Illicit Discharge Field Screening and Source Tracking Guidance Manual 14 S5.C.3.c.i Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to screen 40% of MS4 no later than December 31, 2017 (except no later than June 30, 2018 for the City of Aberdeen) and 12% on average each year thereafter. (S5.C.3) 40 15 S5.C.3.c.ii List the hotline telephone number for public reporting of spills and other illicit discharges. (S5.C.3.c.ii) (253) 931-3048 15b S5.C.3.c.ii Number of hotline calls received. 10 16 S5.C.3.c.iii Implemented an ongoing illicit discharge training program for all municipal field staff per S5.C.3.c.iii. Yes 17 S5.C.3.c.iv Informed public employees, businesses, and the general public of hazards associated with illicit discharges and improper disposal of waste. (S5.C.3.c.iv) Yes 17b S5.C.3.c.iv Describe the information sharing actions. (S5.C.3.c.iv) Contracted with ECOSS to conduct pollution prevention outreach to businesses in Auburn. The program served 107 businesses, 43% of which spoke English as a second language. Mailed "Rain Drain" postcards to two areas where evidence of illicit discharges were identified. 46 new and existing employees received Illicit Discharge Recognition and Reporting training. 18 S5.C.3.d Implemented an ongoing program to characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.3.d. Yes 19 S5.C.3.d.iv Number of illicit discharges, including illicit connections, eliminated during the reporting year. (S5.C.3.d.iv) 37 Page 63 of 201 Number Permit Section Question 20 S5.C.3.d.iv Attach a summary of actions taken to characterize, trace and eliminate each illicit discharge found by or reported to the permittee. For each illicit discharge, include a description of actions according to required timeline per S5.C.3.d.iv Saved Document Name: Auburn Question 20_20_02012018025658 21 S5.C.3.e Municipal illicit discharge detection staff are trained to conduct illicit discharge detection and elimination activities as described in S5.C.3.e. Yes 22 S5.C.4.a Implemented an ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites per the requirements of S5.C.4.a. Yes 23b S5.C.4.a.i-iii Cite code reference for revised ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites. Ordinance 6617 24 S5.C.4.a.i Number of exceptions granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 0 25 S5.C.4.a.i Number of variances granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 0 26 S5.C.4.b.i Reviewed Stormwater Site Plans for all proposed development activities that meet the thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i) Yes 26b S5.C.4.b.i Number of site plans reviewed during the reporting period. 232 27 S5.C.4.b.ii Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.ii) Yes 27b S5.C.4.b.ii Number of construction sites inspected per S5.C.4.b.ii. 87 28 S5.C.4.b.iii Inspected permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls. (S5.C.4.b.iii) Yes 28b S5.C.4.b.iii Number of construction sites inspected per S5.C.4.b.iii. 105 29 S5.C.4.b.ii, iii and Number of enforcement actions taken during the reporting period (based on construction phase inspections at new development and redevelopment projects). (S5.C.4.b.ii, iii and v) Page 64 of 201 Number Permit Section Question 6 30 S5.C.4.b.iv Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. (S5.C.4.b.iv) Yes 31 S5.C.4.b.ii-iv Achieved at least 80% of scheduled construction-related inspections. (S5.C.4.b.ii-iv) Yes 32 S5.C.4.b.iv Verified a maintenance plan is completed and responsibility for maintenance is assigned for projects. (S5.C.4.b.iv) Yes 33 S5.C.4.c Implemented provisions to verify adequate long-term operation and maintenance (O&M) of stormwater treatment and flow control BMPs/facilities that are permitted and constructed pursuant to S5.C.4. a and b. (S5.C.4.c) Yes 35 S5.C.4.c.iii Annually inspected stormwater treatment and flow control BMPs/facilities per S5.C.4.c.iii. Yes 35b S5.C.4.c.iii If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.4.c.iii Not Applicable 36 S5.C.4.c.iv Inspected new residential stormwater treatment and flow control BMPs/facilities and catch basins every 6 months per S5.C.4.c.iv to identify maintenance needs and enforce compliance with maintenance standards. Yes 37 S5.C.4.c.v Achieved at least 80% of scheduled inspections to verify adequate long-term O&M. (S5.C4.c.v) Yes 38 S4.C.4.c.vi Verified that maintenance was performed per the schedule in S5.C.4.c.vi when an inspection identified an exceedance of the maintenance standard. Yes 38b S5.C.4.c.vi Attach documentation of any maintenance delays. (S5.C.4.c.vi) Not Applicable 39 S5.C.4.d Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment. (S5.C.4.d) Yes 40 S5.C.4.e All staff responsible for implementing the program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement are trained to conduct these activities. (S5.C.4.e) Yes Page 65 of 201 Number Permit Section Question 42 S5.C.4.g Participated and cooperated with the watershed-scale stormwater planning process led by a Phase I county. (S5.C.4.g) Not Applicable 43 S5.C.5.a Updated and implemented maintenance standards as protective, or more protective, of facility function as those specified in Chapter 4 of Volume V of the Stormwater Management Manual for Western Washington (as amended 2014). (Required no later than December 31, 2016, except no later than June 30, 2017 for Permittees in Lewis and Cowlitz counties, and no later than June 30, 2018 for the City of Aberdeen, S5.C.5.a). Yes 44 S5.C.5.a Applied a maintenance standard that is not specified in the Stormwater Management Manual for Western Washington. Not Applicable 45 S5.C.5.a.ii Performed timely maintenance per S5.C.5.a.ii. Yes 46 S5.C.5.b Annually inspected all municipally owned or operated permanent stormwater treatment and flow control BMPs/facilities. (S5.C.5.b) Yes 46b S5.C.5.b Number of known municipally owned or operated stormwater treatment and flow control BMPs/facilities. (S5.C.5.b) 589 46c S5.C.5.b Number of facilities inspected during the reporting period. (S5.C.5.b) 583 46d S5.C.5.b Number of facilities for which maintenance was performed during the reporting period. (S5.C.5.b) 75 47 S5.C.5.b If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.5.b. Not Applicable 48 S5.C.5.c Conducted spot checks and inspections (if necessary) of potentially damaged stormwater facilities after major storms as per S5.C.5.c. Yes 49 S5.C.5.d Inspected all municipally owned or operated catch basins and inlets as per S5.C.5.d, or used an alternative approach. (Required once no later than August 1, 2017 and every two years thereafter, except once no later than June 30, 2018 and every two years thereafter for the City of Aberdeen) Yes 49b S5.C.5.d Number of known catch basins. 9798 49c S5.C.5.d Number of catch basins inspected during the reporting period. 3403 Page 66 of 201 Number Permit Section Question 49d S5.C.5.d Number of catch basins cleaned during the reporting period. 1001 50 S5.C.5.d.i-ii Attach documentation of alternative catch basin cleaning approach, if used. (S5.C.5.d.i or ii) Not Applicable 51 S5.C.5.f Implemented practices, policies and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (S5.C.5.f) Yes 52 S5.C.5.g Implemented an ongoing training program for Permittee employees whose primary construction, operations or maintenance job functions may impact stormwater quality. (S5.C.5.g.) Yes 53 S5.C.5.h Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. (S5.C.5.h) Yes 54 S7.A Complied with the Total Maximum Daily Load (TMDL)-specific requirements identified in Appendix 2. (S7.A) Yes 55 S7.A For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 activities to address the applicable TMDL parameter(s). (S7.A) Saved Document Name: Auburn Question 55_55_02012018030445 56 S8.A Attach a description of any stormwater monitoring or stormwater-related studies as described in S8.A. Not Applicable 57 S8.B.1 Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for status and trends monitoring. (S8.B.1) Yes 58 S8.C.1 Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for effectiveness studies. (S8.C.1) (Required to begin no later than August 15, 2014) Yes 59 S8.D.1 Contributed to the RSMP for source identification and diagnostic monitoring information repository in accordance with S8.D.1. (Required to begin no later than August 15, 2014) Yes 60 G3 Notified Ecology in accordance with G3 of any discharge into or from the Permittees MS4 which could constitute a threat to human health, welfare or the environment. (G3) Yes 61 G3 Number of G3 notifications provided to Ecology. Page 67 of 201 Number Permit Section Question 15 62 G3.A Took appropriate action to correct or minimize the threat to human health, welfare, and/or the environment per G3.A. Yes 63 S4.F.1 Notified Ecology within 30 days of becoming aware that a discharge from the Permittee’s MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. (S4.F.1) Yes 64 S4.F.3.a If requested, submitted an Adaptive Management Response report in accordance with S4.F.3.a. Not Applicable 65 S4.F.3.d Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. (S4.F.3.d) Not Applicable 66 G20 Notified Ecology of the failure to comply with the permit terms and conditions within 30 days of becoming aware of the non-compliance. (G20) Not Applicable 67 G20 Number of non-compliance notifications (G20) provided in reporting year. 0 67b G20 List the permit conditions described in non-compliance notification(s). Not Applicable Attachments: View Files Attached to Submission DocDescr DocName DocExt DocID SubID AppName View WAR045502_1_02012018024349 2018 SWMP Plan Draft 20180104_1_02012018024349 .pdf 645030 1604664 wqwebportal View WAR045502_20_02012018025658 Auburn Question 20_20_02012018025658 .pdf 645056 1604664 wqwebportal View WAR045502_5_02012018024638 Auburn Question 5_5_02012018024638 .pdf 645035 1604664 wqwebportal View WAR045502_55_02012018030445 Auburn Question 55_55_02012018030445 .pdf 645069 1604664 wqwebportal Close Ecology Home |WQWebPortal Home |WQWebSubmittal Home |Help |Release Notes |Contact Us Submittals (WQWebSubmittal) Version 1.5-3|Data Disclaimer |Privacy Policy Copyright © Washington State Department of Ecology 2018. All Rights Reserved. Page 68 of 201 Resolution No. 5343 Exhibit “A” CITY OF AUBURN 2018 STORMWATER MANA GEMENT PROGRAM PLAN City of Auburn, WA March 2018 Page 69 of 201 Table of Contents City of Auburn 2018 SWMP Plan ii \\Coa.Auburn.Local\Dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\Swmps\2018 SWMP\2018 SWMP Plan Draft 20180104.Docx TABLE OF CONTENTS 1. INTRODUCTION........................................................................................................................................................ 1 1.1 Overview .......................................................................................................................................................... 1 1.2 Regulatory Background ................................................................................................................................... 1 1.3 City of Auburn Regulated Area ........................................................................................................................ 2 1.4 SWMP Implementation Responsibilities .......................................................................................................... 2 1.5 Document Organization ................................................................................................................................... 2 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 4 2.1 Permit Requirements ....................................................................................................................................... 4 2.2 Planned 2018 Compliance Activities ................................................................................................................ 4 3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 5 3.1 Permit Requirements ....................................................................................................................................... 5 3.2 Planned 2018 Compliance Activities ................................................................................................................ 5 4. PUBLIC INVOLVEMENT AND PARTICIPATION ...................................................................................................... 7 4.1 Permit Requirements ....................................................................................................................................... 7 4.2 Planned 2018 Compliance Activities ................................................................................................................ 7 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 8 5.1 Permit Requirements ....................................................................................................................................... 8 5.2 Planned 2018 Compliance Activities ................................................................................................................ 8 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .. 10 6.1 Permit Requirements ..................................................................................................................................... 10 6.2 Planned 2018 Compliance Activities .............................................................................................................. 11 7. MUNICIPAL OPERATIONS AND MAINTENANCE ................................................................................................. 12 7.1 Permit Requirements ..................................................................................................................................... 12 7.2 Planned 2018 Compliance Activities .............................................................................................................. 13 8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................................................ 14 8.1 Planned 2018 Compliance Activities .............................................................................................................. 15 9. MONITORING .......................................................................................................................................................... 16 9.1 Permit Requirements ..................................................................................................................................... 16 9.2 Planned 2018 Compliance Activities .............................................................................................................. 16 APPENDIX A ............................................................................................................................................................... 17 Page 70 of 201 iii \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx LIST OF TABLES Table 2-1. 2018 Stormwater Management Administration Program Work Plan ...................................................... 4 Table 3-1. 2018 Public Education and Outreach Work Plan .................................................................................. 6 Table 4-1. 2018 Public Involvement and Participation Work Plan ........................................................................... 7 Table 5-1. 2018 Illicit Discharge Detection and Elimination Work Plan ................................................................... 8 Table 6-1. 2018 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan....... 11 Table 7-1. 2018 Municipal Operations and Maintenance Work Plan .................................................................... 13 Table 8-1. 2018 Compliance with TMDL Load Requirements Work Plan ............................................................. 15 Table 9-1. 2018 Water Quality Monitoring Work Plan ........................................................................................... 16 Page 71 of 201 1 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 1. INTRODUCTION 1.1 Overview This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and maintenance of this SWMP Plan is required by the Washington State Department of Ecology (Ecology) as a condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s). The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming year. The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality, and meet the requirements of the federal Clean Water Act. Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s Stormwater Management Program. 1.2 Regulatory Background The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State Department of Ecology (Ecology). In Washington, municipalities with a population of over 100,000 are designated as Phase I communities and must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit. Auburn’s population is below the 100,000 threshold, so the City must comply with the Phase II Municipal Stormwater Permit. About 100 other municipalities in Washington must also comply with the Phase II Permit, as operators of small municipal separate storm sewer systems (MS4s). Ecology’s Phase II Municipal Stormwater Permit is available on Ecology’s website at https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-general-permits/Municipal- stormwater-general-permits/Western-Washington-Phase-II-Municipal-Stormwat-(1) The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the state’s water bodies (e.g., streams, rivers, lakes, wetlands, and aquifers) as long as municipalities implement programs to protect water quality by reducing the discharge of “non-point source” pollutants to the “maximum extent practicable” (MEP) through application of Permit-specified “best management practices” (BMPs). The BMPs specified in the Permit are collectively referred to as the Stormwater Management Program (SWMP) and grouped under the following Program components:  Public Education and Outreach  Public Involvement and Participation  Illicit Discharge Detection and Elimination Page 72 of 201 1: Introduction City of Auburn 2018 SWMP Plan 2 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx  Controlling Runoff from New Development, Redevelopment, and Construction Sites  Municipal Operations and Maintenance In addition to the SWMP components the Permit contains special conditions covering:  Compliance with Total Maximum Daily Load requirements  Monitoring and Assessment  Reporting Requirements The Permit issued by Ecology became effective on August 1, 2013, was modified January 16, 2014 and expires on July 31, 2018. Ecology has decided to extend the Permit for one year as they prepare the new permit conditions. In accordance with WAC 173-226-220(3), the current (2013 – 2018) permit will remain in effect during the extension. The Permit requires the City to submit an annual report no later than March 31st of each year on progress in SWMP implementation. The Permit also requires submittal of a SWMP Plan which describes proposed SWMP activities for the current calendar year. The SWMP Plan is to be updated annually and be included in the submittal of the previous year’s annual report. 1.3 City of Auburn Regulated Area The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of the City drain to public infiltration facilities where the stormwater soaks into the ground. 1.4 SWMP Implementation Responsibilities The Utilities Engineering Division in the Community Development and Public Works Department coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables in each Chapter provide the lead departments for the associated task. Other major departments/divisions included in the 2018 SWMP implementation are Maintenance and Operations (M&O), Human Resources (HR), Development Engineering, Permit Center, Innovation and Technology (IT), and Parks. 1.5 Document Organization The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The program components of this SWMP are organized as listed in the Permit:  Section 2.0 addresses administering the City’s Stormwater Management Program.  Section 3.0 addresses public education and outreach.  Section 4.0 addresses public involvement and participation.  Section 5.0 addresses illicit discharge detection and elimination.  Section 6.0 addresses controlling runoff from new development, redevelopment, and construction sites.  Section 7.0 addresses municipal operations and maintenance.  Section 8.0 addresses compliance with TMDL requirements. Page 73 of 201 1: Introduction City of Auburn 2018 SWMP Plan 3 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx  Section 9.0 addresses monitoring. Each section includes a summary of the relevant Permit requirements and a table showing the planned activities for 2018. This document also includes acronyms and definitions in Appendix A for easy reference. Page 74 of 201 4 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 2. STORMWATER MANAGEMEN T PROGRAM ADMINISTRA TION This section of the SWMP describes Permit requirements related to overall Stormwater Management Program administration, and planned compliance activities for 2018. 2.1 Permit Requirements The Permit (Section S5.A) requires the City to fulfill the following actions during the 5-year Permit cycle:  Develop and implement a Stormwater Management Program (SWMP) and prepare written documentation (SWMP Plan) for submittal to Ecology by March 31 of each year. The purpose of the SWMP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum extent practicable and thereby protect water quality. The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming calendar year, including any actions to meet the requirements of S7 Compliance with Total Maximum Daily Load Requirements, and S8 Monitoring.  Implement a program for gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to set priorities.  Coordinate with other permittees on stormwater related policies programs, and projects within adjacent or shared areas.  Coordinate between City departments to eliminate barriers to compliance with the terms of the permit. 2.2 Planned 2018 Compliance Activities Auburn has positioned itself to maintain compliance. Table 2-1 presents the proposed work plan for the 2018 SWMP administration activities. Table 2-1. 2018 Stormwater Management Administration Program Work Plan Task ID Task Description Lead Compliance Timeframe SWMP-1 Revise and update the City’s Stormwater Management Program Plan (SWMP Plan) to identify planned SWMP activities for 2018. Utilities Engineering The SWMP submittal is due by March 31st of each year. SWMP-2 Track program element implementation. Utilities Engineering Annual Reporting is due by March 31st of each year. Page 75 of 201 5 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 3. PUBLIC EDUCATION AND OUTREACH This section describes the Permit requirements related to public education and outreach, and planned compliance activities for 2018. 3.1 Permit Requirements The Permit (Section S5.C.1) requires the City to fulfill the following actions during the 5-year Permit cycle:  Prioritize and target education and outreach activities to specified audiences, including the general public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors, developers, and land use planners to build general awareness and to effect behavior change with the intent to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts.  Have an outreach program that is designed to improve the target audience’s understanding of the problem and what they can do to solve it.  Create and/or partner with existing organizations to encourage residents to participate in stewardship opportunities.  Measure the understanding and adoption of the targeted behaviors for at least one target audience in at least one subject area. Use the resulting measurements to direct education and outreach resources most effectively.  Track and maintain records of public education and outreach activities. 3.2 Planned 2018 Compliance Activities The City plans to continue the program that has been developed over the permit cycle. The target audiences include:  The general public  Businesses (including home-based and mobile businesses)  Residents/homeowners  Landscapers  Property managers  Engineers, contractors, developers and land use planners Page 76 of 201 3: Public Education and Outreach City of Auburn 2016 SWMP Plan 6 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx Table 3-1 presents the work plan for the 2018 SWMP public education and outreach activities. Table 3-1. 2018 Public Education and Outreach Work Plan Task ID Task Description Lead Compliance Timeframe EDUC-1 Continue collaboration with other NPDES municipalities through Stormwater Outreach for Regional Municipalities (STORM) and Puget Sound Starts Here efforts to promote regional education and outreach programs. Utilities Engineering Refinements to existing public education and outreach activities are on- going. EDUC-2 Refine education and outreach strategy to supplement existing education activities. An example would be evaluating the current pet waste cleanup education strategy to determine whether more frequent outreach is required. Utilities Engineering EDUC-3 Implement new or modify existing education and outreach activities. An example would be adding the new school classroom education program. Utilities Engineering EDUC-4 Staff training related to Surface Water Management Manual Implementation/Technical Standards:  Permitting  Plan Review  Site Inspections  Maintenance Standards. Community Development and Public Works Department EDUC-4a Educate select city staff and elected officials to develop a common level of knowledge related to Low Impact Development stormwater management techniques. Community Development and Public Works Department Ongoing EDUC-4b Educate the general public and developers to develop a common level of knowledge related to Low Impact Development stormwater management principles and techniques. Community Development and Public Works Department Ongoing EDUC-5 Inform public employees, businesses and the general public of the hazards associated with illegal discharges and improper disposal of waste. Utilities Engineering Ongoing EDUC-6 Provide stewardship opportunities such as planting native plants and invasive species removal at the Auburn Environmental park. Environmental Services Ongoing Page 77 of 201 7 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 4. PUBLIC INVOLVEMENT AND PARTICIPATION This section describes the Permit requirements related to public involvement and participation, and planned compliance activities for 2018. 4.1 Permit Requirements The Permit (Section S5.C.2) requires the City to fulfill the following actions during the 5-year Permit cycle:  Provide ongoing opportunities for public involvement and participation through advisory boards or commissions, public hearings, watershed committees, public participation in developing rate structures and budgets, or other similar activities. The public must be able to participate in the decision-making processes, including development, implementation, and update of the SWMP.  Make the SWMP Plan and Annual Compliance Report available to the public, by posting on the City’s website. Make any other documents required to be submitted to Ecology in response to Permit conditions available to the public. 4.2 Planned 2018 Compliance Activities The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the work plan for the 2018 SWMP public involvement and participation activities. Table 4-1. 2018 Public Involvement and Participation Work Plan Task ID Task Description Lead Compliance Timeframe PI-1 Provide public involvement opportunities for annual SWMP update. Utilities Engineering Public involvement opportunities will be available before the March 31, 2018 submittal. PI-2 Make SWMP document Report available to public by posting on the City website. Utilities Engineering Page 78 of 201 8 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 5. ILLICIT DISCHARGE DE TECTION AND ELIMINAT ION This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE), and planned compliance activities for 2018. 5.1 Permit Requirements The Permit (Section S5.C.3) requires the City to fulfill the following actions during the 5-year Permit cycle:  Implement an ongoing program to detect and remove illicit discharges, connections, and improper disposal, including any spills into the municipal separate storm sewers owned or operated by the City.  Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an ongoing program to detect and address illicit discharges.  Publicly list and publicize a hotline or other local telephone number for public reporting of spills and other illicit discharges. Track illicit discharge reports and actions taken in response through close-out, including enforcement actions.  Inform public employees, businesses and the general public of hazards associated with illegal discharges and improper disposal of waste.  Train staff on proper IDDE response SOPs and train municipal field staff to recognize and report illicit discharges.  Summarize all illicit discharges and connections reported to the City and response actions taken, including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP. 5.2 Planned 2018 Compliance Activities Table 5-1 presents the work plan for 2018 SWMP illicit discharge detection and elimination activities. Table 5-1. 2018 Illicit Discharge Detection and Elimination Work Plan Task ID Task Description Lead Compliance Timeframe IDDE-1 Continue to implement City-wide IDDE Program and develop any necessary supplemental IDDE activities. Enforce ACC 13.48.210 using education and technical support as a first action and escalating code enforcement as needed. Publicize a phone number for public reporting of spills and illicit discharges. Utilities Engineering Ongoing IDDE-2 Continue to review and update storm system map to address data gaps and Permit requirements. Utilities Engineering/IT Ongoing Page 79 of 201 5: Illicit Discharge Detection and Elimination City of Auburn 2018 SWMP Plan 9 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx IDDE-3 Provide IDDE training to new hires in Utility Engineering and Maintenance & Operations. Utilities Engineering Ongoing IDDE-4 Perform IDDE field screening of at least 12% of MS4 annually. Utilities Engineering and M&O Ongoing Page 80 of 201 10 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 6. CONTROLLING RUNOFF F ROM NEW DEVELOPMENT, REDEVELOPMENT, AND C ONSTRU CTION SITES This section describes the Permit requirements related to controlling runoff from new development, redevelopment, and construction sites, and planned compliance activities for 2018. 6.1 Permit Requirements The Permit (Section S5.C.4) requires the City to fulfill the following actions during the 5-year Permit cycle:  Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to the municipal separate storm sewer system from new development, redevelopment, and construction site activities. The program must apply to both private and public projects, including roads, and address all construction/development-associated pollutant sources.  Have adopted regulations (codes and standards), plan review, inspection, and escalating enforcement SOPs necessary to implement the program in accordance with Permit conditions, including the minimum technical requirements in Appendix 1 of the Permit by December 31, 2016.  Review, revise and make effective local development-related codes, rules, standards, or other enforceable documents to incorporate and require Low Impact Development (LID) principles and LID best management practices (BMPs) with the intent of making LID the preferred and commonly- used approach to site development by December 31, 2016.  Participate in watershed-scale stormwater planning under condition S5.C.4.c of the Phase I Municipal Stormwater General Permit if required.  Have adopted regulations (codes and standards) and processes to verify adequate long-term operations and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance with Permit conditions, including an annual inspection frequency and/or approved alternative inspection frequency and maintenance standards for private drainage systems as protective as those in Chapter 4 of Volume V of the 2012 Ecology Stormwater Management Manual for Western Washington by December 31, 2016.  Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives of the proposed new development and redevelopment.  Provide training to staff on the new codes, standards, and SOPs and create public education and outreach materials.  Record and maintain records of all inspections and enforcement actions by staff.  Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance Report; identify any updates to the SWMP. Page 81 of 201 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2018 SWMP Plan 11 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx 6.2 Planned 2018 Compliance Activities The City has a program to help reduce stormwater runoff from new development and construction sites. Table 6-1 presents the work plan for 2018 SWMP activities related to runoff control for new development, redevelopment, and construction sites. Table 6-1. 2018 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan Task ID Task Description Lead Compliance Timeframe CTRL-1 Track and report construction, new development, and redevelopment permits, inspections and enforcement actions. Planning/ Permit Center On-going CTRL-1a Prior to clearing and construction, inspect all permitted development sites that have a high potential for sediment transport. Construction On-going CTRL-1b Inspect all permitted development sites during construction. Construction On going CTRL-1c Inspect all permitted development sites upon completion of construction and prior to final approval or occupancy. Construction Ongoing CTRL-1d Inspect all permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90% of the lots are constructed or construction has stopped and site is fully stabilized. Construction Ongoing CTRL-2 Conduct annual inspection of all treatment and flow control BMPs/facilities (other than catch basins) – i.e., private systems. Utilities Engineering On-going CTRL-6 Provide copies of the “Notice of Intent for Construction Activity” and copies of the “Notice of Intent for Industrial Activity” to representatives of proposed new development and redevelopment. Permit Center Ongoing CTRL-7 Enforce local ordinances controlling runoff from sites that are also covered by stormwater permits issued by Ecology. Construction and Code Enforcement Ongoing Page 82 of 201 12 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 7. MUNICIPAL OPERATIONS AND MAINTENANCE This section describes the Permit requirements related to municipal operations and maintenance, and planned compliance activities for 2018. 7.1 Permit Requirements The Permit (Section S5.C.5) requires the City to fulfill the following actions during the 5-year Permit cycle:  Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from municipal separate stormwater system and municipal O&M activities.  Implement maintenance standards for the municipal separate stormwater system that are at least as protective as those specified in the 2012 Stormwater Management Manual for Western Washington as amended in 2014.  Conduct annual inspection of all municipally owned or operated permanent stormwater treatment and flow control BMPs/facilities and perform maintenance as needed to comply with maintenance standards.  Inspect all catch basins and inlets owned or operated by the City at least once no later than August 1, 2017 and every two years thereafter. Clean the catch basins if inspections indicate cleaning is needed to comply with maintenance standards.  Check treatment and flow control facilities after major storms and perform repairs as needed in accordance with adopted maintenance standards.  Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by the City, and to reduce pollutants in discharges from all lands owned or maintained by the City.  Train staff to implement the SOPs and document the training.  Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or storage yards identified for year-round facilities or yards, and material storage facilities owned or operated by the City.  Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for Municipal Operations” component of the Annual Compliance Report; identify any updates to the SWMP. Page 83 of 201 7. Pollution Prevention and O&M for Municipal Operations City of Auburn 2018 SWMP Plan 13 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx 7.2 Planned 2018 Compliance Activities Table 7-1 presents the work plan for 2018 SWMP activities related to municipal operations and maintenance. Table 7-1. 2018 Municipal Operations and Maintenance Work Plan Task ID Task Description Responsible Schedule Notes MOM-1 Conduct annual inspection of all treatment and flow control (other than catch basins) in the public system and perform maintenance as triggered by the maintenance standards. Community Development and Public Works Department On-going MOM-2 Continue catch basin inspections at a rate that ensures all catch basins are inspected every two years. M&O On-going MOM-2a Clean catch basin as needed based on inspection results. M&O Ongoing MOM-3 Perform street sweeping to reduce the amount of street waste that enters the storm drainage conveyance system. M&O Ongoing MOM-4 Implement SWPPPs at M&O, Parks-GSA, Cemetery M&O Parks Cemetery Ongoing MOM-5 Implement Low Impact Development maintenance standards, levels of service and inspection procedures adopted in 2016. Community Development and Public Works, and Parks Departments Ongoing Page 84 of 201 14 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMENT PROGRAM PLAN 8. COMPLIANCE WITH TOTA L MAXIMUM DAILY LOAD REQUIREMENTS The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. After the TMDL has been calculated for a given water body, Ecology determines how much each source must reduce its discharges of the pollutant in order bring the water body back into compliance with the water quality standards. TMDL requirements are included in the stormwater NPDES permits for discharges into affected water bodies. Stormwater discharges covered under this Permit are required to implement actions necessary to achieve the pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA before the issuance date of the Permit or which have been approved by the EPA prior to the issue date of the Permit or the date Ecology issues coverage under the Permit, whichever is later. Information on Ecology’s TMDL program is available on Ecology’s website at https://ecology.wa.gov/Water-Shorelines/Water- quality/Water-improvement/Total-Maximum-Daily-Load-process . In accordance with Permit condition S7 Compliance with Total Maximum Daily Load Requirements the City must comply with the following TMDL. Name of TMDL Puyallup Watershed Water Quality Improvement Project Document(s) for TMDL Puyallup River Watershed Fecal Coliform Total Maximum Daily Load – Water Quality Improvement Report and Implementation Plan, June 2011, Ecology Publication No. 11-10- 040. https://fortress.wa.gov/ecy/publications/SummaryPages/1110040.html Location of Original 303(d) Listings Puyallup River 16712, 7498, White River 16711, 16708, 16709, Clear Creek 7501, Swan Creek 7514, Boise Creek 16706 Area Where TMDL Requirements Apply Requirements apply in all areas regulated under the Permittee’s municipal stormwater permit and discharging to water bodies listed within the specific requirement in this TMDL section. Parameter Fecal Coliform EPA Approval Date September 2011 MS4 Permittee Phase I Permit: King County, Pierce County Phase II Permit: Auburn, Edgewood, Enumclaw, Puyallup, Sumner Page 85 of 201 8. Compliance with Total Maximum Daily Load Requirements City of Auburn 2018 SWMP Plan 15 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx Actions required of the City under this TMDL include:  Beginning no later than October 1, 2013, conduct twice monthly wet weather sampling of stormwater discharges to the White River at Auburn Riverside High School to determine if specific discharges from Auburn’s MS4 exceed the water quality criteria for fecal coliform bacteria. o Data shall be collected for one wet season. o Data shall be collected in accordance with an Ecology-approved QAPP. o Data collected since EPA TMDL approval can be used to meet this requirement. These actions have been completed.  For any of the outfalls monitored, showing discharges that exceed water quality criteria for primary contact recreation: designate those areas discharging via the MS4 of concern as high priority areas for illicit discharge detection and elimination efforts and implement the schedules and activities identified in S5.C.3 of the Western Washington Phase II permit for response to any illicit discharges found beginning no later than August 1, 2014. This action has been completed.  Install and maintain pet waste education and collection stations at municipal parks and other Permittee owned and operated lands adjacent to streams. Focus on locations where people commonly walk their dogs. 8.1 Planned 2018 Compliance Activities Table 8-1 presents the work plan for 2018 SWMP activities related to TMDL requirement compliance. Table 8-1. 2018 Compliance with TMDL Load Requirements Task ID Task Description Responsible Schedule Notes TMDL - 1 Include summary of activities conducted in TMDL area to address TMDL parameter (fecal coliform) with annual report to Ecology. Utilities Engineering March 31, 2018 TMDL-2 Maintain pet waste education and collection stations at municipal parks and other public lands adjacent to the White River and its tributaries. Parks Department On-going Page 86 of 201 16 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx CITY OF AUBURN 2018 STORMWATER MANAGEMEN T PROGRAM PLAN 9. M ONITORING This section describes the Permit requirements related to water quality monitoring, and planned compliance activities for 2018. 9.1 Permit Requirements The Permit (Section S8) requires the City to either conduct Status and Trends Monitoring, and Effectiveness Studies, or pay annually into a collective fund to implement monitoring through the Regional Stormwater Monitoring Program (RSMP). The RSMP was renamed in 2017 and is now called SAM (Stormwater Action Monitoring), other than a new name the program remains the same. The City committed in 2013 to pay $45,096.00 annually into the collective RSMP monitoring fund for both Status and Trends Monitoring and Effectiveness Studies. All permittees are required to pay into the RSMP to implement the RSMP Source Identification Information Repository (SIDIR). Auburn’s annual payment will be $2,614.00. During the one year permit extension these payments will remain the same and are due to the Department of Ecology by August 15th each year. The City is required to provide the following monitoring and/or assessment data in each annual report:  A description of any stormwater monitoring or studies conducted by the City during the reporting period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations conducted by other entities were reported to the City, a brief description of the type of information gathered or received shall be included in the annual report. 9.2 Planned 2018 Compliance Activities Table 9-1 presents the work plan for 2018 SWMP monitoring activities. Table 9-1. 2018 Water Quality Monitoring Work Plan Task ID Task Description Lead Compliance Timeframe MNTR -1 Pay $47,710.00 annually into the RSMP collective fund for implementation of Status and Trends Monitoring, Effectiveness Studies, and the Source Identification Information Repository. Utilities Engineering Annual payment due by August 15th. Page 87 of 201 17 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx APPENDIX A Acronyms and Definitions The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here for the reader’s convenience. 40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. AKART means all known, available, and reasonable methods of prevention, control and treatment. See also State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. All known, available and reasonable methods of prevention, control and treatment refers to the State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance date of this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later. Beneficial Uses means uses of waters of the state which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state. Best Management Practices are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMP means Best Management Practice. Bypass means the diversion of stormwater from any portion of a stormwater treatment facility. Census defined urban area means Urbanized Area. Page 88 of 201 18 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx Circuit means a portion of a MS4 discharging to a single point or serving a discrete area determined by traffic volumes, land use, topography or the configuration of the MS4. Component or Program Component means an element of the Stormwater Management Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management Program for Secondary Permittees , S7 Compliance with Total Maximum Daily Load Requirements, or S8 Monitoring of this permit. Conveyance system means that portion of the municipal separate storm sewer system designed or used for conveying stormwater. Co-Permittee means an owner or operator of an MS4 which is in a cooperative agreement with at least one other applicant for coverage under this permit. A Co-Permittee is an owner or operator of a regulated MS4 located within or in proximity to another regulated MS4. A Co- Permittee is only responsible for permit conditions relating to discharges from the MS4 the Co- Permittee owns or operates. See also 40 CFR 122.26(b)(1) CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq). Director means the Director of the Washington State Department of Ecology, or an authorized representative. Discharge Point means the location where a discharge leaves the Permittee’s MS4 through the Permittee’s MS4 facilities/BMPs designed to infiltrate. Entity means a governmental body, or a public or private organization. EPA means the U.S. Environmental Protection Agency. General Permit means a permit which covers multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger. Ground water means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to chapter 173-200 WAC. Hazardous substance means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100. Heavy equipment main tenance or storage yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored on a long- term basis. Highway means a main public road connecting towns and cities. Hydraulically near means runoff from the site discharges to the sensitive feature without significant natural attenuation of flows that allows for suspended solids removal. See Appendix 7 Determining Construction Site Sediment Damage Potential for a more detailed definition. Hyperchlorinated means water that contains more than 10 mg/Liter chlorine. Illicit connection means any infrastructure connection to the MS4 that is not intended, permitted or used for collecting and conveying stormwater or non-stormwater discharges allowed as specified in this Page 89 of 201 19 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx permit (S5.C.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Illicit discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non- stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3). Impervious surface means a non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non- vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Land disturbing activity means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. LID means Low Impact Development. LID BMP means low impact development best management practices. LID Principles means land use management strategies that emphasize conservation, use of on- site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. Low Impact Development means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Low impact development best management practices means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re-use. Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means. Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and s ystem, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MEP means Maximum Extent Practicable. MS4 means municipal separate storm sewer s ystem. Page 90 of 201 20 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx Municipal Separate Storm Sewer System means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of Washington State. (ii) Designed or used for collecting or conveying stormwater. (iii) Which is not a combined sewer; (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.; and (v) Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26. National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology. Native vegetation means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. New development means land disturbing activities, including Class IV General Forest Practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. Refer to Appendix 1 for a definition of hard surfaces. New Permittee means a city, town, or county that is subject to the Western Washington Municipal Stormwater General Permit and was not subject to the permit prior to August 1, 2013. New Secondary Permittee means a Secondary Permittee that is covered under a municipal stormwater general permit and was not covered by the permit prior to August 1, 2013. NOI means Notice of Intent. Notice of Intent means the application for, or a request for coverage under a General Permit pursuant to WAC 173-226-200. Notice of Intent for Construction Activity means the application form for coverage under the Page 91 of 201 21 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx Construction Stormwater General Permit. Notice of Intent for Industrial Activity means the application form for coverage under the General Permit for Stormwater Discharges Associated with Industrial Activities. NPDES means National Pollutant Discharge Elimination System. Outfall means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the Permittee’s MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). Permeable pavement means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Permittee unless otherwise noted, the term “Permittee” includes city, town, or county Permittee, Co- Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way that it allows for direct discharges to the second s ystem. For example, the roads with drainage systems and municipal streets of one entity are physically connected directly to a storm sewer system belonging to another entity. Project site means that portion of a property, properties, or right-of-ways subject to land disturbing activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a definition of hard surfaces. QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professional training in the aspects of stormwater management for which they are responsible and are under the functional control of the Permittee. Qualified Personnel may be staff members, contractors, or volunteers. Quality Assurance Project Plan means a document that describes the objectives of an environmental study and the procedures to be followed to achieve those objectives. RCW means the Revised Code of Washington State. Receiving waterbody or receiving waters means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or ground water, to which infiltration MS4 discharges. Redevelopment means, on a site that is already substantially developed (i.e., has 35% or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities. Refer to Appendix 1 for a definition of hard surfaces. Regional Stormwater Monitoring Program means, for all of western Washington, a stormwater- focused monitoring and assessment program consisting of these components: status and trends monitoring in small streams and marine nearshore areas, stormwater management program effectiveness studies, and a source identification information repository (SIDIR). The priorities and Page 92 of 201 22 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx scope for the RSMP are set by a formal stakeholder group. For this permit term, RSMP status and trends monitoring will be conducted in the Puget Sound basin only. Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting program by its location within an Urbanized Area, or by designation by Ecology and is not eligible for a waiver or exemption under S1.C. RSMP means Regional Stormwater Monitoring Program. Runoff is water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance s ystem. See also “Stormwater.” Secondary Permittee is an operator of a regulated small MS4 which is not a city, town or county. Secondar y Permittees include special purpose districts and other public entities that meet the criteria in S1.B. Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to the effect of construction runoff, or areas requiring special protection to prevent erosion. See Appendix 7 Determining Construction Site Sediment Transport Potential for a more detailed definition. Shared water bodies means water bodies, including downstream segments, lakes and estuaries that receive discharges from more than one Permittee. SIDIR means Source Identification Information Repository. Significant contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat conditions. Small Municipal Separate Storm Sewer System means an MS4 that is not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v). Source control BMP means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW (2012) for details. Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. Stormwater Associated with Industrial and Construction Activity means the discharge from any conveyance which is used for collecting and conveying stormwater, which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing, grading and/or excavation, and is required to have an NPDES permit in accordance with 40 CFR 122.26. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components listed in S5 (for cities, towns and counties) or S6 (for Secondary Permittees) of this Permit and any Page 93 of 201 23 \\coa.auburn.local\dept\Building\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2018 SWMP\2018 SWMP Plan Draft 20180104.docx additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance with TMDL Requirements, and S8 Monitoring and Assessment. Stormwater Treatment and Flow Control BMPs/Facilities means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1 Minimum Requirements #6 (treatment), #7 (flow control), or both. SWMMWW or Stormwater Management Manual for Western Washington means Stormwater Management Manual for Western Washington (as amended in 2014). SWMP means Stormwater Management Program. TMDL means Total Maximum Daily Load. Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the water body can be used for the purposes the state has designated. The calculation must also account for seasonable variation in water quality. Water quality standards are set by states, territories, and tribes. They identify the uses for each water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. Tributary conveyance means pipes, ditches, catch basins, and inlets owned or operated by the Permittee and designed or used for collecting and conveying stormwater. UGA means Urban Growth Area. Urban Growth Area means those areas designated by a county pursuant to RCW 36.70A.110. Urbanized Area is a federally-designated land area comprising one or more places and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Urbanized Areas are designated by the U.S. Census Bureau based on the most recent decennial census. Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are regularly washed or maintained, or where at least 10 vehicles are stored. Water Quality Standards means Surface Water Quality Standards, chapter 173-201A WAC, Ground Water Quality Standards, chapter 173-200 WAC, and Sediment Management Standards, chapter 173-204 WAC. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington. Waters of the United States refers to the definition in 40 CFR 122.2. Page 94 of 201 1 Response to Question 5 City of Auburn 2017 Public Education and Outreach Summary Public Education / Outreach Activity Target Audience Comments City Storm Drainage Web Site General public City website provides general information on the City’s storm drainage program, links to the City’s SWMP and annual reports, link to Puget Sound Starts Here website and lists the Spill Reporting phone number. City Storm Drainage Web Site Private Storm Facility Owners and Managers City website provides information on maintenance standards for private storm drainage systems. City Environmental Services Web Site General public City website provides information on floodplain and natural area restoration. Stormwater Outreach for Regional Municipalities (STORM) General public Auburn participates in this regional public education and outreach program. Auburn brands its stormwater outreach material with the Puget Sound Starts Here (PSSH) logo to promote the regional effort. ECOSS Spill Kit Program Business types included automotive, food service, manufacturing, property maintenance, and retail Outreach and educational training on spill prevention and cleanup, and stormwater pollution prevention was provided to 107 businesses in 2017. 43% of the businesses contacted spoke English as a second language. Water Festival Fourth and fifth grade students 408 Auburn students attended Water Festival 2017 where they learned about stormwater, pollution prevention, wetlands, salmon, drinking water and sanitary sewer issues through hands on activities and presentations. Natural Yard Care Workshops Homeowners Three workshops were attended by between 34 and 49 people per session (59 unique households) from the Lakeland Hills area of Auburn. Attendees learned that they could have beautiful, healthy yards while reducing their dependence on pesticides and fertilizer. Kid’s Day School children and their parents One-day fair where approximately 1,500 children visited the Auburn Utilities booth where they could learn about stormwater pollution prevention and other water resource information. Approximately 400 kids visited the Environmental Services booth for a sensory box experience where they got to learn about native plant and animal species, in addition to other elements of nature that they could find in Auburn.. Carwash Kit Program / IDDE Property owners / managers Kit checkout procedures continued to include a process were the City verifies that a kit should function at a site prior to it being checked out for use. Fall Stewardship Events General Public The City organized and led 3 events involving native plant planting, clean-up, mulching plants and pathways, and ramp building at the Environmental Park. Three volunteers in total attended the events. Page 95 of 201 2 Public Education / Outreach Activity Target Audience Comments Clean Sweep General public Approximately 30 volunteers helped with City led planting, cleaning, and invasive plant removal at the Auburn Environmental Park. Newspapers in Education School children, general public The City participated in a regional multi-jurisdictional educational insert in the Seattle Times newspaper on salmon and automotive related storm water pollution prevention. Scoop it, Bag it and Put it in the Trash article Pet owners Infographic promoting proper disposal of pet waste was included in the winter and fall Auburn Magazine issues that were mailed to residences and businesses in Auburn. The Car is Clean…But What About the Water? article General Public Article on car washing and alternatives to fundraising carwashes was included in the summer Auburn Magazine that was mailed to residences and businesses in Auburn. Environment Homeowners, General Public Article on Auburn’s Community Vision and Value Statement regarding the environment including information on Low Impact Development was included in the spring Auburn Magazine that was mailed to residences and businesses in Auburn. Puget Sound Starts Here article General Public Article talking about Puget Sound Starts Here Month was included in the Spring Auburn Magazine that was mailed to residences and businesses in Auburn. Don’t Drip & Drive Inspection Event Vehicle owners A Don’t Drip & Drive Vehicle Inspection Event was held in conjunction with Auburn’s Clean Sweep. Rain Drain Postcard Homeowners in areas where illicit discharges are suspected Postcards were mailed to residences and businesses in two areas where illicit discharges had been identified. Illicit Discharge Recognition and Reporting video City staff MS PowerPoint training video was distributed to newly hired staff using Human Resources automated training program. 46 staff members were trained, or retrained on identification and reporting of illicit discharges. When it Rains, It Pours video General Public Link to Puget Sound Starts Here, Drain Rangers video on stormwater pollution prevention posted on the City’s Storm Drainage Utility web page. Page 96 of 201 2017 Annual Report – Question 20 Spill Response Attached please find a summary of the Department of Ecology spreadsheet that is included in the Annual Report as an attachment to Question 20. The actual spreadsheet contains too much information to be legible when produced as a paper copy. This summary covers the information that was pertinent to the responses encountered by the City in 2017. If you would like to see the full spreadsheet please contact Chris Thorn at (253) 804 - 5065 of cthorn@auburnwa.gov. Page 97 of 201 3. Date incident initially reported 4. Location 4a. Street Address 9. How did you learn about the problem? 10. Source Tracing Methods: 12. Pollutant(s) Identified: 13. Source or Cause: 14. Correction/ Elimination Method: 14a. Enforcement 16. Field notes, explanations, and other comments: 2/9/2017 S.E. 307th Place Construction Inspection Visual Sediment Construction dewatering N/A Inspection report Contractor was observed dewatering a utility trench into the street. Inspector asked them to redirect the discharge on site. 2/17/2017 A St SW ERTS Visual Antifreeze Vehicle equipment failure Absorbent and vactoring of liquid from catch basin None Pierce Transit bus leaked antifreeze onto street. A small quantity entered a catch basin. Pierce Transit staff used absorbent to clean the street surface and contracted to have the catch basin cleaned. 3/2/2017 1002 Auburn Way N Police Report Visual Grease (F.O.G.)Improper disposal Information provided on contractors to clean up the mess Technical assistance and code enforcement Police reported that employees of the Kentucky Fried Chicken restaurant had been dumping grease along the east boundary of their property. C. Teterud provided technical assistance on FOG management. Code Enforcement to ensure clean up occurs. 3/3/2017 M St SE Spill Hotline Visual Diesel Spill Non recoverable None Report of diesel fuel spilled on the roadway on 3/2/2017. The report was received by the City on 3/3/2017 after a day of consistant rain. V. Konkler, C. Teterud and C. Thorn responded. There was a slight odor of diesel but no other evidence. The system outlet was checked and there was no evidence of diesel. 3/9/2017 A St NE Construction Inspection Visual Turbidity/sedime nt Construction runoff Contractor turn a pump back on that was supposed to be pumping the water to a treatment system. Stormwater Inspection Report provided to contractor City inspector D. Alvarez observed turbid water leaving the Reserve construction site and entering the MS4. Water drained from there to a fish bearing stream (ditch) between B St and the BNRR railroad tracks. A pump that directed water to the on-site treatment system was off. The contractor turned it back on and the issue was solved. 3/13/2017 SE 304th Street Construction Inspection Visual Turbidity/sedime nt Construction runoff Water Quality Corrections Required Notice given to contractor City Stormwater Inspector D. Alvarez observed turbid water leaving the Raceway Mini Storage construction site and entering the MS4. The contractor was given a Water Quality Corrections Notice and all soil disturbing work was shut down until the turbid discharge was addressed. 3/21/2017 Lakeland Hills Way Call to staff Visual None Unknown None N/A Report from Waste Management that a City vehicle may have been leaking oil on Lakeland Hills Way and Nathan Ave SE. Reporter said that three different City vehicles were seen in the area. M. May and C. Teterud responded and could find no evidence of oil on the road surface. Page 98 of 201 3. Date incident initially reported 4. Location 4a. Street Address 9. How did you learn about the problem? 10. Source Tracing Methods: 12. Pollutant(s) Identified: 13. Source or Cause: 14. Correction/ Elimination Method: 14a. Enforcement 16. Field notes, explanations, and other comments: 3/28/2017 Auburn Way N Call to staff Visual Motor oil Vehicle accident Absorbent and sweeper N/A Report of oil spilled on roadway from a vehicle accident. VFRA applied absorbent and put absorbent pads around the catch basin. A sweeper cleaned up the absorbent. Non-recoverable sheen remained. 3/28/2017 Lea Hill Rd SE Call to staff Visual Motor oil Vehicle accident Absorbent applied and cleaned up N/A Report of oil spilled on roadway from a vehicle accident. Absorbent was applied and cleaned up. Some non- recoverable sheen washed off the roadway into the adjacent lawn. 3/29/2017 SE 312th St Observed by City storm inspector Visual Turbidity Dewatering a power vault Discharge stopped and a vactor used to finish the job N/A D. Alverez observed a PSE subcontractor discharging turbid water into a ditch. The discharge was stopped and the job was completed using a vactor truck. 4/3/2017 Buffmasters 4210 Auburn Way N ERTS Visual Wastewater from vehicle washing Detail shop vehicle washing Cleaned oil water seperator and changed business practices so that all wash water goes to the sanitary sewer Letter to correct and to obtain a business license was issued Report of wastewater and oil dumping into a storm drain and onto a road. M. May and C. Teterud investigated and found a vehicle wash area with a catch basin that drains to the sanitary sewer. Adjacent to the wash area was a catch basin that may be tied to the storm system. Dye test conducted on 4/6 confirmed that the catch basin was tied to the storm system. Letter prepared idnetifying need to clean the storm catch basins and correct the illicit connection. 4/5/2017 A St SE APD called Visual Transmission fluid Vehicle transmission leak Applied absorbent and swept then applied sand and swept N/A APD reported a large transmission fluid spill. M&O and Storm Engineering responded. Absorbent was applied and the street sweeper used to sweep it up. Sand was applied and swept as well. No fluid entered the storm drainage system. 4/7/2017 Taco Bell 15th St NE Waste Management called Solid Waste Supervisor Visual N/A N/A Referred back to Solid Waste for Code Enforcement N/A Waste Management notified Solid Waste about grease and garbage in a dumpster enclosure at Taco Bell. C. Thorn and M. May investigated. The dumpster enclosure drains to a trench drain. The trench drain was dye tested and there was no indication that it was tied to the storm drainage sytem. Issue was refered back to Solid Waste. Page 99 of 201 3. Date incident initially reported 4. Location 4a. Street Address 9. How did you learn about the problem? 10. Source Tracing Methods: 12. Pollutant(s) Identified: 13. Source or Cause: 14. Correction/ Elimination Method: 14a. Enforcement 16. Field notes, explanations, and other comments: 4/11/2017 C St NE Staff Report Visual N/A N/A N/A N/A Maintenance staff reported a possible illicit discharge from an industrial park into the MS4. M. May and C. Thorn responded and noted that the water in the CB was opaque and that there was evidence of iron bacteria on the inlet pipe wall. The private storm system was inspected and no evidence of illicit connection/ discharge was found. Conclusion was that the flow was groundwater inflow with iron bacteria. 4/20/2017 36th St SE Hotline Visual None N/A N/A N/A Annonymous report of oil on the street. No issue could be found. 4/21/2017 1031 14th St NE Staff Report Visual Hydraulic fluid Broken hydraulic line on a truck Contractor applied sand and used a street sweeper to clean it up. N/A Lakeside Paving called the City to report that they had broken a hydraulic line on one of their trucks and spilled fluid on the street. They applied sand and used a street sweeper to clean it up. No fluid entered the storm drainage system. 4/24/2017 5900 S 300th St Staff Report Visual Sediment Construction site Install and maintain TESC measures. Construction Stormwater Management Inspection Report Stormwater Inspector Alvarez observed muddy water leaving a construction site. The site superintendent was notified and directed to improve their TESC measures. 4/26/2017 124 West Main Staff Report Visual None Pressure washing None None Report of someone pressure washing the sidewalk on Main Street near 2nd SW. C. Thorn and C. Teterud investigated and found that the side of the building and sidewalk were wet, but no one was observed washing. There was no evidence of sediment entering the storm system. 5/25/2017 2406 A St SE APD called Visual Radiator fluid Vehicle accident Applied absorbent and swept None Vehicle accident resulted in spill of approximately 5 gallons of radiator fluid. Absorbent was applied and swept up. There was no impact to the storm system. 6/7/2017 3530 C St NE Citizen call Visual None Reported illicit dicharge None Will send postcard to all businesses in the vicinity Report of employee from business washing out a gas tank into landscaping and water running off into the storm system. No evidence to support the report was found in the landscaping or storm system. "Only Rain Down the Drain" postcard to be mailed to the local businesses as a follow-up. Page 100 of 201 3. Date incident initially reported 4. Location 4a. Street Address 9. How did you learn about the problem? 10. Source Tracing Methods: 12. Pollutant(s) Identified: 13. Source or Cause: 14. Correction/ Elimination Method: 14a. Enforcement 16. Field notes, explanations, and other comments: 6/20/2017 3722 Auburn Way N Citizen call Visual Paint overspray Vehicle parts painting Activity moved inside Code enforcement spoke with manager Report of employees painting vehicle parts and washing cars in the parking lot. Storm Inspector and Code Enforcement Officer responded and observed an employee with painting equipment and freshly painted parts in the parking lot. No evidence of car washing. Code enforcement spoke with the business manager and they were directed to use their paint booth for future work. 6/27/2017 412 8th St SW Forwarded report from the King County Illegal Dumping Hotline Visual Oil Parking lot runoff None None Report of illegally stripped down cars and oil and debris flowing down the sewer system. C. Thorn investigated and found a minor amount of very aged oil in the on-site catch basin. Also checked the sanitary sewer which appeared clean. 7/9/2017 307 Oravetz Pl SE Citizen call Visual Sanitary sewage Force main overflow Sewage flow in pipe resumed after KC Metro pump station power outage was addressed None City received report of a sewage overflow. The cause was determined to be from a power outage at the King County WWTD pump station. Power was reestablished and sewage flow resumed. City crews cleaned the street surface and catch basins and reported the event to Ecology. Further cleanup was left to King County. 7/6/2017 814 Auburn Way S Employee report Visual Water Car wash rinse water N/A None Car wash rinse water dripping from vehicles leaving the car was was draining on the ground and forming a puddle near a catch basin. No evidence that the drainage was anything other than clean water. 6/26/2017 Nathan Ave SE Citizen call Visual Concrete rinse Concrete work N/A None Report that conrete rinse water had drained into a catch basin. Observed some staining in the gutter but no evidence of concrete rinsate in the catch basin. 7/14/2017 C St NW Citizen e-mail Visual None Leakage from a carpet cleaning vehicle N/A None Report received on the 14th of an incident that occurred on the 13th. Report of True Clean carpet cleaning vehicle leaking what appeared to be water from near the side door. There was no evidence that anything had been discharged when our inspection occured on the 14th. 7/25/2017 10th St NE Employee report Visual Vehicle fluids Vehicle accident N/A None Received report of spill on 10th St NE from a vehicle accident. M. May responded and found that absorbent had already been applied and cleaned up. No impact to the storm system. Page 101 of 201 3. Date incident initially reported 4. Location 4a. Street Address 9. How did you learn about the problem? 10. Source Tracing Methods: 12. Pollutant(s) Identified: 13. Source or Cause: 14. Correction/ Elimination Method: 14a. Enforcement 16. Field notes, explanations, and other comments: 7/26/2017 15343 East Valley Access Rd Observed by City storm inspector Visual Latex paint Illegal dumping N/A None Eight 5-gallon buckets of paint were dumped outside the fence of a City storm pond. Two buckets spilled. Buckets containing liquid were taken to the hazardous waste storage locker for disposal. Dry paint buckets were put in solid waste. 8/3/2017 S 277th St Citizen call Visual Hydraulic fluid Broken hose on tractor Absorbent, sand and sweeper None Received multiple reports of oil on 277th. One report was that a tractor had blown a hydraulic hose. Oil was leaked from D St NW to past B St NW. Absorbent was applied and the street sanded. Sweeper was called to sweep up the residual. 8/4/2017 15th St SW ERTS Visual Oil Vehicle Absorbent None Received ERTS from DOE about spill on off ramp to 15th. Found a small spill to which absorbent had been applied at the north bound offramp from SR 167. Notified Ecology that this was on WSDOT ROW. 8/8/2017 2600 Auburn Way N APD called Visual Oil Vehicle None None Light spill of oil in the center of the center southbound lane of Auburn Way N. Determined that absorbent would not help. Decided not to sand because it was not very slippery for vehicles. 8/11/2017 14th St NW APD called Visual Oil and Antifreeze Vehicle Applied absorbent and swept it up. None A Fed Ex truck blew it's engine and drained oil and antifreeze onto the road surface. Absorbent was applied and cleaned up. No impact to the storm drainage system. 8/14/2017 23rd Pl SE Citizen call Visual Oil Vehicle None Sent Don't Drip and Drive information Received report of a vehicle leaking and dripping oil as it left a house and drove away. Information on fixing vehicle leaks was mailed to the address. 8/21/2017 3520 Pacific Ave S ERTS Visual Liquid food waste Commercial trailers None None Received ERTS reporting that commercial trailers were leaking food wastes at the Safeway Distribution Site. The report could not be confirmed from the street. There was no evidence of illicit discharge from the site. 9/1/2017 15th St NE VRFA Visual Vehicle fluids Illicit dumping CB was cleaned None Report of vehicle fluids (possibly oil) dumped into a CB at the KC Metro Park and Ride lot. M&O staff responded and KC was contacted to have the CB cleaned. Follow-up found that the cleaning had occurred. 9/25/2016 11826 SE 318th Pl Citizen call Visual Vehicle fluids Vehicle leak N/A Sent Only Rain Down the Drain Postcards to nearby homes Received report of oil spilled on cul de sac. Found oil leaked and tracked on a private access easement. Sent postcards to the adjoining homes letting tham know that storm drains are for rain water only. Page 102 of 201 3. Date incident initially reported 4. Location 4a. Street Address 9. How did you learn about the problem? 10. Source Tracing Methods: 12. Pollutant(s) Identified: 13. Source or Cause: 14. Correction/ Elimination Method: 14a. Enforcement 16. Field notes, explanations, and other comments: 10/13/2017 Elizabeth Ave SE Staff Report Visual Hydraulic fluid Line break on truck Street was cleaned None A Waste Management truck broke a hydraulic line and spilled fluid on the streeet. Waste Management cleaned the street. Nothing entered the storm drainage system. 10/16/2017 17th St SE Staff observed Visual Paint Dumped paint cans Disposed of cans None Three partially full cans of paint were left by the side of the street. The cans were transported to M&O and put in the hazardous waste storage locker for disposal. 10/18/2017 Unknown ERTS N/A None Unknown None None Received ERTS from Ecology with an annonymous report of the Tile & Stone company pumping dirty water into the ground. No address or contact information was provided. Conducted an on-line search and reviewed City business licenses but could find no business with a name of Tile and Stone in Auburn. 10/20/2017 850 Oravetz Rd SE Site Inspection Visual Sediment, turbidity Construction Outlet plugged, water pumped to onsite dispersion, Baker tank installed for presettling Contractor notified to correct issues and self report release Turbid discharge noted from a construction site during inspection. Contractor was direct to stop the discharge. The pond outlet was plugged and the water pumped to onsite dispersion. A Baker tank was installed to provide settling of sediment. The contractor was notified of their responsibility to self report the discharge to Ecology. 10/31/2017 A St SE Staff report Visual Vehicle fluids Accident None None Small spill of vehicle fluids from accident. Adjacent storm system (catchbasin) was checked he day after the accident and there was no evidence that it had been impacted. 11/3/2017 Auburn Way South Staff report Visual Vehicle fluids Accident Applied absorbent and cleaned up. None Spill of vehicle fluids from accident. Less than 2 gallons spilled. Applied absorbent and cleaned it up. 11/2/2017 2810 SE Auburn Black Diamond Rd Citizen call Visual Unknown Illicit dumping Refered to property owner and Ecology None Unknown person discarded a 200 gallon poly tank on private property adjacent to King County ROW. Approximately 5 - 10 gallons of unknown material spilled onto the ground. The property owner and the Department of Ecology were notified. 12/1/2017 S 300th St Report from developer Visual Turbid water Construction site runoff Contractor added BMPs and pumped the water back onto site for treatment None Developers CESCL discovered turbid water leaving the Wyncrest II development. Additional BMPs were applied and the water pumped to a vegetated portion of the site. The discharge was self reported to the City and Ecology. 12/7/2017 Auburn Way S Report from APD Visual Diesel Fuel Unknown Applied and swept up absorbent None Spill of diesel fuel. Absorbent applied and swept up. No impact to the storm drainage system. Ecology notified. Page 103 of 201 3. Date incident initially reported 4. Location 4a. Street Address 9. How did you learn about the problem? 10. Source Tracing Methods: 12. Pollutant(s) Identified: 13. Source or Cause: 14. Correction/ Elimination Method: 14a. Enforcement 16. Field notes, explanations, and other comments: 12/13/2017 21st St SE Staff Report Visual None Seasonal baseflow N/A None Report of flow entering the 21st St SE pond during a period of dry weather. C Thorn, M May and R Struck traced the flow through the storm system until the source was determined to be groundwater entering the system through a collection system on Riverwalk Dr SE. 12/19/2017 East Valley Access Rd Police Report Visual Diesel fuel Truck accident Absorbent pads and booms, and vactor truck used to clean up spilled diesel None Diesel spilled from truck accident. City crew and Pro-Tow incident response tem used absorbent and a vactor truck to clean-up the spilled fuel. 12/26/2017 136 East Main St VRFA Visual Runoff, debris and foam from fire fighting activities Structure fire No action, emergency fire fighting activities are exempt None Water, debris and foam from fire fighting activities entered the storm system and discharged to the Green River. No petroleum products were observed. Notified Ecology. Page 104 of 201 Response to Annual Report Question 55 TMDL: Puyallup Watershed Water Quality Improvement Project City of Auburn 2017 TMDL Activities 1. The City maintained existing pet waste collection stations 2. Infographic promoting proper disposal of pet waste was included in the winter and fall Auburn Magazine issues that were mailed to residences and businesses in Auburn. Page 105 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6677 (Tate) (15 Minutes) Date: February 6, 2018 Department: Community Development & Public Works Attachments: Agenda Bill Ordinance No. 6677 Exhibit 1 to Ordinance No. 6677 August 8, 2017 Staff Report to the Planning Commis s ion Public Comments Received PowerPoint Presentation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Please see the attached Agenda Bill. Rev iewed by Council Committees: Councilmember:Staff:Tate Meeting Date:February 12, 2018 Item Number: Page 106 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6677 - Zoning Code Text Amendments to Chapter 18.02 (General Provisions), Chapter 18.35 (Special Purpose Zones), and Map amendment to the Zoning Map to establish an Open Space zoning district that will implement the “Open Space” land use designation, as provided in the City of Auburn's Comprehensive Plan and Comprehensive Land Use Map Date: January 25, 2018 Department: Community Development & Public Works Dept. Attachments: Item 1 - Ordinance No. 6677 Item 2 - Ordinance No. 6677 – Exhibit 1 Area-Wide Rezone Map Item 3 - Planning Commission Materials Item 4 - Public Comments Received Budget Impact: (none) Administrative Recommendation: City Council to approve the Planning Commission’s Recommendation and adopt Ordinance No. 6677. Summary: Through Ordinance No. 6584, the City of Auburn adopted a new Comprehensive Plan at the end of 2015 that includes a new land use map designation of “Open Space”. Under the existing comprehensive plan document structure, each Comprehensive Plan land use designation is implemented by at least one zoning district (zone) that addresses the allowed uses and the zoning development standards. Currently, there is no implementing Open Space zone in the Auburn City Code. To establish an implementing Open Space zone, on December 6, 2016 staff presented the proposed open space text amendments and zoning map amendment to the Planning Commission. The Planning Commission held subsequent public meetings on January 4, 2017, March 7, 2017, and April 4, 2017. During these public meetings, Planning Commissioners reviewed the proposed text and map amendments, directed questions to staff, and requested additional information, particularly pertaining to the effect on the proposed open space zoning district to private property owners. On July 5, 2017 the Planning Commission held a public hearing regarding the creation of the Open Space zone. During this public hearing, staff addressed comments received from the City of Auburn Parks Department, City of Auburn Economic Development Department, and Nancy Bainbridge Rogers, representing Mark Segale, a private property owner, and presented a revised staff recommendation. The Planning Commission continued the public hearing to August 8, 2017, requesting that staff conduct additional noticing to and/or coordination efforts with Andrew and Elena Cherny, private property owners, and Muckleshoot Indian Tribe (MIT). Following the July 5, 2017, staff conducted additional noticing efforts as requested and coordinated review of the proposed zoning map amendment with the MIT. At the August 8, 2017 continued public hearing, the Planning Commission deliberated and modified the staff recommendation such that City of Auburn staff would continue to coordinate planning efforts with the MIT. Background: 1. The staff report provided to the Planning Commission and included as Item 3 this packet provides the detailed background that led to the Planning Commission’s recommendation. Of particular note are the following items: • The Open Space zone is generally meant to apply to parcels that are largely undeveloped in character and feature natural and urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or floodplain ponds, utility corridors with public access, watersheds or areas with significant development restrictions. • The majority of the parcels are owned by the City of Auburn (COA). The COA-owned parcels Page 107 of 201 Agenda Subject: Ordinance No. 6677 Date: January 25, 2018 Page 2 of 3 generally feature either a critical area, such as a wetland or geologic hazard area, utility infrastructure, or are within the shoreline jurisdiction and subject to the COA SMP. • The majority of the non-City owned parcels are governmentally-owned or utility-owned parcels which are encumbered by utility infrastructure, such as a transmission line. • The remaining non-City owned parcels, are privately owned and are either: o Contain a critical area, such as a wetland or geologic hazard area (regulated by Chapter 16.10 Auburn City Code (ACC)); o Feature a split-land use designation due to the shoreline of the White River and are subject to the City of Auburn (COA) Shoreline Master Program (SMP)); or o Were originally set aside as open space per previous plat requirement. 2. The adoption of Ordinance No. 6667 on December 18, 2017 (which adopted the 2017 annual Comprehensive Plan annual amendments) changed the land use designation of numerous parcels that were previously included in the “open space” and thus originally proposed for this zoning map amendment (to make the Comprehensive Plan designation and zoning agree). The parcels modified under Ordinance No. 6667, were originally incorrectly designated during the 2015 Comprehensive Plan mapping update. Throughout the open space zoning amendment, staff recognized that there were some inconsistencies and refinements needed as a result of this mapping process, and intended to make refinements during the annual comprehensive plan amendment process. The annual comprehensive plan process is the avenue in which staff may make changes to the Comprehensive Plan Map. Thus, since the parcels changed per Ordinance No. 6667 are no longer designated “Open Space”, they been removed from this proposed open space zoning map amendment. Ordinance No. 6677 Exhibit 1 – Area-Wide Rezone Map has been updated to that effect. 3. Planning Commission’s recommendation recognizes that the proposed zoning code language and zoning map amendment does not affect “Indian Lands” and is not intended to, usurp or exercise land use control over such lands. The intent of the text and map amendment is to identify what zoning or land-use provisions would apply to such lands were they not under Indian jurisdiction, or were the land to change in ownership or jurisdictional character. This recognition is consistent with the language contained in ACC 18.01.050 (adopted under Ordinance No. 6667) which addresses how do city zoning and land use regulations relate to Indian Lands. Request: Schedule Ordinance No. 6677for action by City Council at the regular meeting on February 26, 2018. Attached to this agenda bill are the following: • Item 1 - Ordinance No. 6677 • Item 2 - Ordinance No. 6677 Exhibit 1 – Area-Wide Rezone Map • Item 3 - August 8, 2017 staff report to the Planning Commission • Item 4 - Public comments received Action: Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Reviewed by Departments & Divisions: Building M&O Cemetery Mayor Finance Parks Fire Planning Legal Police Public Works Human Resources Information Services Surveying Page 108 of 201 Agenda Subject: Ordinance No. 6677 Date: January 25, 2018 Page 3 of 3 Staff: Snyder Meeting Date: February 12, 2018 Page 109 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 1 ORDINANCE NO. 6 6 7 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 18.02.070, 18.35.020, 18.35.030, 18.35.040, OF THE AUBURN CITY CODE AND THE CITY ZONING MAP, CREATING A NEW OPEN SPACE ZONING DISTRICT WHEREAS, by Ordinance No. 6584, on December 14, 2015 the City of Auburn adopted a new Comprehensive Plan that establishes a new land use map designation of “Open Space” by map and text; and WHEREAS, under the existing comprehensive plan document structure, each Comprehensive Plan land use designation is implemented by at least one zoning district (zone) that addresses the allowed uses and the zoning development standards. Currently, there is no implementing Open Space zoning district in the Auburn City Code; and WHEREAS, the purpose of this amendment to the City zoning code and zoning map is to create a zoning district that implements the Open Space Land Use Designation of the Comprehensive Plan Map; and WHEREAS, pursuant to RCW 36.70A the proposed code language was transmitted to the Washington State Department of Commerce on April 20, 2017. The transmittal initiated the 60-day state agency review period. The 60-day state agency comment period expired on June 19, 2017. The City did not receive any state agency comments. WHEREAS, the code amendment was subject to environmental review process under the Washington State Environmental Policy Act (SEPA). A Determination of Non- Page 110 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 2 Significance (DNS) was issued June 13, 2017 and the City observed a fifteen-day public comment period; and WHEREAS, the Planning Commission reviewed the code and map amendment and duly deliberated the effect of the text and map amendment on public and private property owners at its December 6, 2016, January 4, 2017, March 7, 2017, and April 4, 2017 Planning Commission meetings; and WHEREAS, the City received three public comment letters in response to notice of the public hearing, and one additional notice prior to the Planning Commission public hearing; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments at the July 5, 2017 Planning Commission meeting, and requested that staff conduct additional noticing efforts to Andrew and Elena Cherny and coordination with the Muckleshoot Indian Tribe (MIT); and WHEREAS, at the continued public hearing on August 8, 2017, after the close the public hearing the Planning Commission forwarded a recommendation for approval to the City Council; and WHEREAS, Ordinance No. 6667, pertaining to the 2017 annual Comprehensive Plan amendments, modified the land use designation of numerous parcels that were included in the proposed “open space zoning district map amendment. Thus, prompting their removal from the proposed open space zoning map amendment; and WHEREAS, per Auburn City Code Section 18.01.050, adopted under Ordinance No. 6667 (on December 18, 2017) the City of Auburn recognizes and acknowledges that Page 111 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 3 the Muckleshoot Indian Tribe has jurisdiction and land use control over “Indian Lands”. The designation of city zoning and land use regulations that might appear to affect any Indian Lands does not, and is not intended to, usurp or exercise land use control over such lands. Any such city regulations are intended to identify what zoning or land-use provisions would apply to such lands were they not under Indian jurisdiction, or were the land to change in ownership or jurisdictional character. Until those circumstances change for such lands, the city regulations shall be for informational purposes only; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 18.02.070 of the Auburn City Code be and the same hereby is amended to read as follows: 18.02.070 Establishment of zones. A. The city is divided into the following classes of zones: 1. RC, residential conservancy zone (one dwelling unit per four acres); 2. R-1, residential zone (one dwelling unit per acre); 3. R-5, residential zone (five dwelling units per acre); 4. R-7, residential zone (seven dwelling units per acre); 5. R-10, residential zone (10 dwelling units per acre); 6. R-16, residential zone (16 dwelling units per acre); 7. R-20, residential zone (20 dwelling units per acre); 8. RMHC, manufactured/mobile home community zone; 9. RO, residential office zone and RO-H, residential office-hospital zone; 10. C-N, neighborhood shopping zone; 11. C-1, light commercial zone; 12. C-2, central business zone; 13. C-3, heavy commercial zone; 14. M-1, light industrial zone; 15. M-2, heavy industrial zone; 16. BP, business park zone; 17. LF, airport landing field zone; 18. P-1, public use zone; 19. UNC, unclassified use zone; Page 112 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 4 20. I, institutional use zone; 21. EP, environmental park zone; 22. DUC, downtown urban center zone; 23. OS, open space zone. B. The zones set out in Subsection A of this Section are established as the designations, locations, and boundaries thereof as set forth and indicated on the zoning map. C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to all lands in the City of Auburn. The intent statements shall guide interpretation and application of land use regulations within the zones, and any change to the range of allowed uses within each zone through amendment to this title. (Ord. 6245 § 2, 2009.) Section 2. Amendment to City Code. That Section 18.35.020 of the Auburn City Code is amended to read as follows: 18.35.020 Intent of special purpose zones. A. General. This section describes the intent for each of the city’s special purpose zones. These intent statements may be used to guide the interpretation of the regulations associated with each zone. B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, and banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards encouraging adaptive re-use of existing single-family structures that continue to appear in accord with the single-family residential character. The RO-H designation is to be used exclusively for the hospital area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with the medical community C. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. D. I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental, theological, recreational, cultural and other public and quasi- public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones. E. OS Open Space Zone. The OS zone is intended to provide for land uses that tend to be managed in a largely undeveloped character, including passive parks, Page 113 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 5 watersheds, natural and urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or floodplain ponds, utility corridors with public access, and areas with significant development restrictions. Park lands included in the Open Space zone tends to be predominately passive in character and with relatively fewer developed facilities than parks included in the Institutional zone. Private sites containing critical areas or shorelines may be included. (Ord. 6434 § 1, 2012.) Section 3. Amendment to City Code. That Section 18.35.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.35.030 Uses. 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 Land Uses RO RO-H P-1 I OS PUBLIC Animal shelter, public X X P X X Government facilities, this excludes offices and related uses that are permitted outright A A P P C Municipal parks and playgrounds P P P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds and recreational vehicle parks, private X X X P P Recreational vehicle parks, private X X X P X Cemetery, public X X P A X Cemetery, private X X X A X Page 114 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 6 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 Land Uses RO RO-H P-1 I OS College, university, public X X A A X Commercial recreation facility – Indoor X X X P X Commercial recreation facility – Outdoor X X X A C ACC 18.57.025(A) Conference/convention facility X X X A X Library, museum X X P P A Meeting facility, public or private A A P P A Private school – specialized education/training (for profit) P P X P X Public schools (K-12) and related facilities X X P P X Religious institutions, lot size less than one acre A P X P X Religious institutions, lot size more than one acre C A X P X Studio – Art, dance, martial arts, music, etc. P X X X X RESIDENTIAL Duplex P (1) X X A X Home occupation P P X P P Chapter 18.60 ACC Page 115 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 7 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 Land Uses RO RO-H P-1 I OS Live/work, work/live unit A P X A X Multiple-family dwellings, stand-alone P (2) A (3) X A X One detached single-family dwelling P X X X P (5) Nursing home, assisted living facility A A X P X Senior housing A A X A X RETAIL Restaurant, cafe, coffee shop, excluding drive-through facilities A A P A X SERVICES Banking and related financial institutions, excluding drive-through facilities (4) P P X X X Daycare, including mini daycare, daycare center, preschools or nursery schools A P X P A Home-based daycare P P X P P Medical services – Clinic or urgent care (4) P P X X X Mortuary, funeral home, crematorium X P X X X Professional offices P P X A A Page 116 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 8 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 Land Uses RO RO-H P-1 I OS Personal service shops P P X X X Pharmacies X P X X X TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Utility facilities, substations, utility transmission or distribution line X X X X A See ACC 18.02.040(E) OTHER USES THAT ARE NOT LISTED Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. P P P P P Notes: 1. Duplexes, 3,600 square feet of lot area per dwelling unit is required. 2. Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit. 3. Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. 4. Permitted within a public college or university as an amenity or service provided to students. A stand- alone bank or medical services/clinic is not permitted. 5. One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open space zone. (Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.) Page 117 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 9 Section 4. Amendment to City Code. That Section 18.35.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.35.040 Development standards. Table 18.35.040 RO, RO-H, P-1, I Zone Development Standards Development Feature Requirement by Zones RO Residentia l Office RO-H Residential Office-Hospital P-1 Public Use I Institutional OS Open Space Minimum lot area 7,200 sf None None 6,000 sf None Minimum lot width, depth 50 ft, 80 ft None None 60 ft, 80 ft None Maximum lot coverage 55 percent (1) None None 35 percent 5 percent Maximum impervious area NA NA NA NA 20 percent (7) Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for exceptions to these requirements. Front 20 ft (2) 10 ft 20 ft 20 ft 20 ft Side – Interior 5 ft None 5 ft (4) 5 ft 5 ft Side – Corner 10 ft 10 ft 10 ft 10 ft 10 ft Rear 25 ft (3) None 25 ft 25 ft 25 ft Accessory structure(s) See note (5) below NA NA See note (5) below Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height limitations – Exceptions) for height limit exceptions. Maximum height 35 ft 65 ft 45 ft 45 ft (6) 35 ft Fences and hedges See Chapter 18.31 ACC Page 118 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 10 Table 18.35.040 RO, RO-H, P-1, I Zone Development Standards Development Feature Requirement by Zones RO Residentia l Office RO-H Residential Office-Hospital P-1 Public Use I Institutional OS Open Space Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Nonconforming structures, land and uses See Chapter 18.54 ACC Notes: 1. New single-family residential or conversions of single-family residences to commercial uses with additions greater than a total or cumulative area of 200 square feet on the property since the adoption of Ordinance No. 6231, then the maximum lot coverage is 35 percent. 2. New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the front yard setback is 10 feet. 3. New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the rear yard setback is 15 feet. 4. A 25-foot setback is required when adjacent to a residential zone. 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five feet; provided, that any structure with a vehicle entrance from a street (public or private) or public alley shall be set back a minimum of 20 feet. 6. Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings: 16 feet. 7. Maximum impervious area includes all hard surfaces per Auburn City Code 13.48.010(J). (Ord. 6434 § 1, 2012.) Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Page 119 of 201 - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 6677 January 26, 2018 Page 11 Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. 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 AUBURN _____________________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney PUBLISHED: ______________ Page 120 of 201 L A K ELAKETAPP STAPPS TS18 TS18 S 277TH ST SE 2 74 T H S T PACIFIC AVE SELLINGSON RD SW JOVITABLVDE 8TH ST E 132ND AVE SE124TH AVE SE136TH AVE EWESTVALLEYHWYS140TH AVE E108TH AVE SEWEST VALLEY HWY NWSTEWART RD SW VALENTINE AVE SEWESTVALLEYHWYSTEWART RD SE A ST SEWEST V A L L EYHWYSS 27 7 T H S T WESTVALLEYHWYS12TH ST E182ND AVE EMILITARY RD S9THST E AUBURN-BLACKDIAMONDRDSE16 TH S T E S 288TH ST S2 7 2NDWAY MILITARYRDSTS167 TS167 A ST SEB ST NWI ST NEAUBURN WAY S C ST SWM ST SEAUBURN WAY NR ST SE124TH AVE SEWEST VALLEY HWY N132ND AVE SES 277TH ST C ST NW15TH ST SW W MAIN ST 15TH ST NW SE 304TH ST E M AIN S T LAK E T A P PSPKW YSE 29TH ST SE SE 312TH ST 51ST AVE SKE R S E YWAYSE 8T H S T N E 37TH ST NW LA K E L A NDHI LLSWAYSEORAVETZRDSESE 320TH STDSTNW104THAVESE WESTVALLEYHWYSS 316TH ST PEASLEY CANYON R D S AUBURN-BLACKDIAMOND RD SE112TH AVE SEEAST VALLEY HWY ESE304THWAYAUBURNAVENESE 281ST ST 17TH ST SE 6TH ST SE 16TH ST NW 112TH AVE SE112TH AVE SEA ST SESE30 4 T H ST R ST SEC ST NE2ND ST E STUCK RIV ER DR SE 53RD ST SE 37TH ST SE M ST NESE 284TH ST 4 1 S T ST SE 22ND ST NE SE 288TH ST 17TH ST SE S 296TH ST 25TH ST SE 12TH ST SE R ST NEPERIMETERRDSWD ST SE4 6 T H P L S 55TH AVE SEAST BLVD56TH AVE S110TH AVE SEISTNWPACIFIC AVE S51ST AVE SM ST SE118TH AVE SEGR E E N RIVERRDSE N ST NEO ST NE69THSTSEW ST NWS 287TH ST SCENIC D R S E 62NDST S E S30 0 T H P L 44THST NW 127TH PL SE49TH ST NE K ST SE58TH AVE S4TH ST NE I ST SEEV ER G R E E N W AY SED ST NEF ST SEACADEMYDRSEDOGWOOD ST SEMONTEVISTADRSEPIKESTNEBRIDGET AVE SEH ST SEG ST SE57THPLSFRONTAGERDB ST SEFOSTER AVE SEJOHNREDDINGTONRDNE1 0 5 THPLSE140TH AVE SEMILLPONDDRSE52ND AVE S47TH ST SE 56TH ST SE S 305TH ST RIVERDRSEUSTNW54TH AVE S28TH ST NE 130TH AVE SE30TH ST NE 51S T S T N E 26TH ST SE S 3 0 0 T H S T 6 1 S T A V E S S E 2 8 7TH ST 3 2 N D S T SE 36T H STSEO L I V EAVESES E 3 1 8 T H W A Y 29TH ST NW ASTE S297THPL 24TH ST SE HEMLOCK ST SEFOREST R ID G EDR S E 23RD ST SE 22ND ST SE85TH AVE SS 288TH ST O ST SEHI G H L A NDDRSE SE 282ND ST 64TH AVE S2 7 T H S T S E 111THPLSE20 TH ST SESE326THPLSE 286TH ST HICREST DRNW1 0 4 T H P L S E 7 2 N D S T SE 16TH ST SE49TH AVE S42N D S T NE 7 3 R D S T S E 3 7 T H W A YSET ST NW57T H S T SES292NDST SE 285TH ST ELM ST SESE312T H W A Y52ND PL S6 7 THLN SE 61ST STSE GINKGO ST SE15TH ST SE45THSTNE S 303RD PL 6 3 R D S T SE 35TH W A Y SE19TH S T S E S 302ND PL 21ST ST SE 30TH ST NW HEATHER AVE SE33RD ST SE SE 30 7TH ST 55TH ST SE RANDALL AVE SEWARD AVE SE107TH PL SE42ND PL NE OLYMPIC ST SE55THWAYSE SE 286TH PL 43RD ST NE 63RD PL S59TH AVE SFIR ST SEJASMINE AVE SE66TH AVE S56TH PL SS 328TH ST C PL SES 3 29 TH PL S 321ST ST 11TH ST SE 65TH ST SE 33RD ST SEG ST SE30TH ST NE H ST SES 292ND ST SE 282ND ST R ST NE57TH ST SE SE282 NDST EVERGREENWAYSE56TH AVE SK ST SE59TH AVE S118TH AVE SE17 T H S T S E 16TH ST SE B ST SE4 9 T H S T N E S 328TH ST 11TH ST SE N ST NEM U C K L E S H O O TMUCKLESHOOTCASINOCASINO T H E T H E O U T L E T O U T L E T C O L L E C T I O N C O L L E C T I O N K E N TKENT P A C I F I CPACIFIC K I N GKINGCOUN T YCOUNTY P I E R C EPIERCECOUNTYCOUNTYSUMNERSUMNER A L G O N AALGONA E D G E W O O DEDGEWOOD P r o p o s e d O p e n S p a c e Z o n i n g A m e n d m e n t I n f o r m a t i o n s h o w n i s f o r g e n e r a l r e f e r e n c e p u r p o s e s o n l y a n d d o e s n o t n e c e s s a r i l y r e p r e s e n t e x a c t g e o g r a p h i c o r c a r t o g r a p h i c d a t a a s m a p p e d . T h e C i t y o f A u b u r n m a k e s n o w a r r a n t y a s t o i t s a c c u r a c y . P r i n t e d O n : 2 /2 /2 0 1 8Map I D : 5 9 5 7 P r o p o s e d Z o n i n g D i s t r i c t . Page 121 of 201 July 2017 1 Memorandum TO: Judi Roland, Chair, Planning Commission Ron Copple, Vice-Chair, Planning Commission Planning Commission Members FROM: Alexandria Teague, Planner II, Community Development Services With support by Lisa Grueter, BERK Consulting DATE: July 31, 2017 RE: Staff Response to Planning Commission Request Regarding Noticing Efforts for the Open Space Zone Amendments (City File Nos.: ZOA16-0009 and SEP17-0010) BACKGROUND: Staff conducted additional noticing efforts to Andrew and Elena Cherny (the Chernys) and Muckleshoot Indian Tribe (MIT) per the request of the Planning Commission. The purpose of the memo is to discuss the noticing efforts. PROPOSAL: The following amendments related to the Open Space zone are currently under consideration for the Planning Commission. • Amendments to the Auburn City Code Chapter 18.02 (General Provisions): establish the Open Space zone as a zoning classification among the list of established zones in the City’s zoning code. • Amendment to Chapter 18.35 (Special Purpose Zones): propose an intent statement, allowed uses, and zoning development standards for the Open Space zone. • Amendments to the Comprehensive Zoning Map: changes the zoning district of the parcels to the Open Space zone. These amendments have been included in Planning Commission’s packet for the August 8, 2017 Planning Commission meeting and Public Hearing. FINDINGS OF FACT: 1. Under Ordinance No. 6584, the City of Auburn adopted a new Comprehensive Plan at the end of 2015 that includes a new land use map designation of “Open Space”. 2. Under the existing comprehensive plan document structure, each Comprehensive Plan land use designation is implemented by at least one zoning district (zone) that addresses the allowed uses and the zoning development standards. Currently, there is no implementing Open Space zone in the Auburn City Code. 3. Implementation of the “Open Space” comprehensive plan designation, has been discussed with the Planning Commission previously. The Planning Commission has reviewed four memorandums regarding the creation of an Open Space zone as follows: a. On December 6, 2016, the Planning Commission reviewed the first memorandum titled, “Open Space Zone: Background, Options, and Recommendations”. This memorandum provided background and analysis of the City of Auburn’s Open Space land use designation, and some issues and options for implementing the Open Space zone, including examples of other jurisdictions’ open space zoning code language. Page 122 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 2 b. On January 4, 2017, the Planning Commission reviewed the second memorandum titled “Open Space Zone: Supplemental Responses to Planning Commission Questions”. This memorandum included the general difference between the Comprehensive Plan land use designations and zoning districts, and further described the ownership and number of parcels currently designated “open space”. c. On March 7, 2017 the Planning Commission reviewed the third memorandum titled “Open Space Zone: Proposed Code”. This memorandum provided a discussion on the text amendment including an intent statement, allowed uses, and zoning development standards for the Open Space zone. d. On April 4, 2017 the Planning Commission reviewed the fourth memorandum titled “Open Space Zone: Supplemental Materials”. This memorandum provided information regarding the acreage of all privately owned (non-governmental agency) parcels, former and current land use designation of the parcels owned by the Muckleshoot Indian Tribe (MIT) and within the MIT reservation boundary, and the former and current land use designation of privately owned parcels. 4. On July 5, 2017 the Planning Commission held a public hearing regarding the creation of the Open Space Zone. Staff provided the Planning Commission two memorandums for the public hearing. The first memorandum was titled, “Amending Auburn City Code Chapter 18.02 (General Provisions), Chapter 18.35 (Special Purpose Zones), and the Comprehensive Zoning Map” and contained findings of fact and an initial recommendation for the Open Space Amendments. The second memorandum was titled, “Staff Response to Comment Letters regarding Amending Auburn City Code regarding the Open Space Zoning District and the Comprehensive Zoning Map”. This memorandum addressed comments received from the City of Auburn Parks Department, City of Auburn Economic Development Department, and Nancy Bainbridge Rogers, representing Mark Segale, a private property owner, and contained a revised staff recommendation. 5. Pursuant to RCW 36.70A the proposed code language was transmitted to the Washington State Department of Commerce on April 20, 2017. The transmittal initiated the 60-day state agency review period. The 60-day state agency comment period expired on June 19, 2017. The City did not receive any state agency comments. 6. A State Environmental Policy Act (SEPA) non-project environmental checklist was prepared that evaluates the environmental impacts of the proposed amendments to Auburn City Code Chapter 18.02 General Provisions, Chapter 18.35 Special Purpose Zones, and the Comprehensive Zoning Map. The SEPA determination of non-significance (DNS) was issued on June 13, 2017. Pursuant to Auburn City Code Title 14 the following methods of noticing for the Planning Commission public hearing were conducted: a. The combined SEPA DNS and notice of public hearing was published in the Seattle Times on June 13, 2017. b. The SEPA DNS and notice of public hearing was mailed on June 13, 2017 to all affected property owners (owners of properties currently designated open space). c. A revised notice of public hearing was mailed on July 19, 2017, to the Muckleshoot Indian Tribe. d. Additional attempts to mail the SEPA DNS and notice of public hearing to the Chernys was conducted on June 28, 2017 and July 6, 2017. 7. The combined SEPA DNS and notice of public hearing publication established a 15-day SEPA public comment period which expired at 5:00 PM on June 28, 2017. The combined public notification provided public comment opportunity under both SEPA (City project file no. SEP17-0010) and the zoning amendment (City file no. ZOA16-0009). As of the date of writing of this report, staff has received three public comments the comment letters. The comment letters were included in the July 5, 2017 Public Hearing packet. Page 123 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 3 8. Title 18 of the Auburn City Code (ACC) includes Chapter 18.68, (Amendments), which addresses the procedures for amendments to Title 18 Zoning and the Comprehensive Zoning Map. ADDITIONAL NOTICING EFFORTS: Andrew and Elena Cherny, private property owners of parcel no. 3421059021: City Staff has been working to notice the Andrew and Elena Cherny, property owners of the proposed code amendments presented at public hearing on July 5, 2017 and continued to August 8, 2017. 1. On June 13, 2017 per the requirements of Auburn City Code a Determination of Non- Significance (DNS) and Notice of Public Hearing was sent to Andrew and Elena Cherny, XXXXX 6th Ave S, Federal Way, WA. The address selected for the mailing was obtained through King County Records as the taxpayer of record for Parcel No. 3421059021 which is the customary method. 2. On June 28, 2017 city staff received the Cherny mailing from the Postmaster as "return to sender/not deliverable” for the XXXXX 6th Ave S, Federal Way, WA address. 3. On June 28, 2017 an additional search of King County Records revealed the address provided in the tax records was no longer owned by the Chernys. A search on the internet provided a potential address for one of the parties and the mailing was then sent to that address, XXXXX 26th Ave S, Federal Way, WA. A confirmation was not provided to determine if the parties received the notice. 4. On July 6, 2017 staff performed a search on the name of one of the parties in a program used by our code enforcement team for abatement. An additional notice and letter was sent to the Chernys providing them with the original notice and the date of the continued public hearing, August 8th to the address at XXXXX 32nd Ave S, Auburn, WA and XXXX S 273rd St, #174, Federal Way, WA (the latter provided by Assistant City Attorney Doug Ruth as a possible address). 5. On July 24, 2017 city staff received the Cherny mailing from the Postmaster as "return to sender/not deliverable” for the XXXX S 273rd St, No. 174 Federal Way, WA address. As of the date of writing of this report, staff has not received any comments from the Andrew or Elena Cherny. Muckleshoot Indian Tribe (MIT), owner and/or trustee of parcel nos. 2021059037, 2821059032, 2821059033, 2021059047, 3421059025, 3421059030, 3421059008, 2821059030, and 2021059041. 1. On July 18, 2017 staff emailed the Muckleshoot Indian Tribe (MIT) planner present at the July 5, 2017 Public Hearing the parcel ownership and acreage information for the MIT owned/trustee properties. 2. On July 19, 2017 staff mailed a revised notice of public hearing to the Muckleshoot Indian Tribe. 3. On July 27, 2017, City of Auburn Planning Staff met with two (2) new MIT Planning staff regarding the open space amendment. The purpose of this meeting was to familiarize the new MIT staff with their parcels included in the proposed amendment and to provide additional information as requested by the MIT Planning staff. 4. On July 28, 2017, the City’s Geographic Information System (GIS)/Database Specialist staff provided Auburn parcel, zoning, and land use information GIS data to the MIT Planning staff. As of the date of writing of this report, staff has not received any formal comments/recommendation from the Muckleshoot Indian Tribe Planning staff regarding the recommendation; however, staff expects that the MIT Planning staff will provide comments later in the week and/or provide public comment at the public hearing. Page 124 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 4 AMENDED STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend: Approval of the amendments to Auburn City Code Chapter 18.02, (General Provisions) and Chapter 18.35, (Special Purpose Zones) as presented in the materials distributed for the meeting and approval of the revised amendment to the Comprehensive Zoning Map (Attachment B) with the following revisions: Except parcel no. 7815700095 and 7815700135, owned by Levan Auburn Development LLC, parcel no. 7815700085, owned by the City of Auburn, and parcel no. 2921059002, 2921059021, 2921059044, and 3021059361, owned by Segale, which are all removed from the amendment to the Comprehensive Zoning Map. CURRENT ACTION: To assist the Planning Commission in their consideration of the proposed amendments to Auburn City Code Chapter 18.02 (General Provisions), Chapter 18.35 (Special Purpose Zones), the Comprehensive Zoning Map, staff is providing the following summarized information. Items 1 through 4, below are summarized information from previous presentations and meetings. The 5th item of information while it has been discussed before, has not been presented as a map. • Item 1 depicts the proposed text change to show “Open Space” among the list of established zones in the City’s zoning code. • Item 2 is the proposed text change of the open space intent statement of the zoning district. • Item 3 summarizes the text change in table format of all proposed uses, both allowed and prohibited. • Items 4 shows the text change of the zoning development standards, which consist of the required setbacks, height, site coverage, for the Open Space zone. • Item 5 shows an excerpted Comprehensive Zoning Map, depicting the current zoning classification of parcels designated as “Open Space” by the comprehensive plan map and that would be changed to the “OS, Open Space” zoning district by the proposed action. The full text of the changes follows as the attachments. Page 125 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 5 Item 1. Add Open Space Zone to list of Established Zones - Chapter 18.02 GENERAL PROVISIONS This item amends Chapter 18.02, (General Provisions) to established open space as a zone within the Zoning Code (Title 18). 18.02.070 Establishment of zones. A. The city is divided into the following classes of zones: 1. RC, residential conservancy zone (one dwelling unit per four acres); 2. R-1, residential zone (one dwelling unit per acre); 3. R-5, residential zone (five dwelling units per acre); 4. R-7, residential zone (seven dwelling units per acre); 5. R-10, residential zone (10 dwelling units per acre); 6. R-16, residential zone (16 dwelling units per acre); 7. R-20, residential zone (20 dwelling units per acre); 8. RMHC, manufactured/mobile home community zone; 9. RO, residential office zone and RO-H, residential office-hospital zone; 10. C-N, neighborhood shopping zone; 11. C-1, light commercial zone; 12. C-2, central business zone; 13. C-3, heavy commercial zone; 14. M-1, light industrial zone; 15. M-2, heavy industrial zone; 16. BP, business park zone; 17. LF, airport landing field zone; 18. P-1, public use zone; 19. UNC, unclassified use zone; 20. I, institutional use zone; 21. EP, environmental park zone; 22. DUC, downtown urban center zone. 23. OS, open space zone. Item 2. Proposed Open Space Zone Intent Statement - Chapter 18.35 SPECIAL PURPOSE ZONES Within Auburn City Code Title 18 – Zoning (the Zoning Code) an intent statement is provided for each zoning district. The purpose of an intent statement is described in Auburn City Code Section 18.02.070 “Establishment of zones”: Page 126 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 6 “C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to all lands in the city of Auburn. The intent statements shall guide interpretation and application of land use regulations within the zones, and any change to the range of allowed uses within each zone through amendment to this title.” The intent statement for each zoning district must be consistent with the overall description of its corresponding land use designation. Exhibit 1. Open Space Comprehensive Plan Description and Open Space Zone Intent Comprehensive Plan Open Space Description as adopted in the 2015 Comprehensive Plan Proposed Open Space Zone Intent Statement This category shall be applied to areas which are owned by a public entity and managed in a largely undeveloped character. It includes parks, watersheds, shoreline areas, significant wildlife habitats, storm drainage ponds, utility corridors with public access, and areas with significant development restrictions. The OS zone is intended to provide for land uses that tend to be managed in a largely undeveloped character, including passive parks, watersheds, natural and urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or floodplain ponds, utility corridors with public access, and areas with significant development restrictions. Park lands included in the Open Space zone tends to be predominately passive in character and with relatively fewer developed facilities than parks included in the Institutional zone. Private sites containing significant critical areas or areas of shorelines may be included. Item 3. Proposed Open Space Zone Uses - Chapter 18.35 SPECIAL PURPOSE ZONES Each zoning district features a table of allowed uses which establishes whether a specific use is allowed in a zone and whether that use is allowed as a permitted, administrative, or conditional use. A table of allowed uses also indicates which uses are prohibited. The range of allowed uses must be consistent with the intent statement of that zoning district. The allowed uses include those that are generally lower in intensity. All uses, including both allowed and prohibited uses are excerpted and summarized below. Page 127 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 7 Exhibit 2. Summary of Allowed and Prohibited Uses Allowed Prohibited* Permitted • Municipal parks and playgrounds • Campgrounds • One detached single family dwelling • Home occupations • Home based day care • Other uses determined consistent with intent of zone and other uses permitted • Animal shelter, public • Recreational vehicle parks, private • Cemetery, public • Cemetery, private • College, university, public • Commercial recreation facility – Indoor • Conference/convention facility • Private school – specialized education/training (for profit) • Public schools (K-12) and related facilities • Religious institutions, lot size less than one acre • Religious institutions, lot size more than one acre • Studio – Art, dance, martial arts, music, etc. • Duplex • Live/work, work/live unit • Multiple-family dwellings, stand-alone • Nursing home, assisted living facility • Senior housing • Restaurant, cafe, coffee shop, excluding drive-through facilities • Banking and related financial institutions, excluding drive-through facilities • Medical services – Clinic or urgent care • Mortuary, funeral home, crematorium • Personal service shops • Pharmacies Administrative • Library, museum • Meeting facility, public or private • Utility facilities, substations, utility transmission or distribution line • Daycare, including mini daycare, daycare center, preschools or nursery schools Conditional • Government facilities • Commercial recreation facility – Outdoor Item 4. Proposed Development Standards - Chapter 18.35 SPECIAL PURPOSE ZONES The aforementioned allowed uses are subject to zoning development standards. Zoning development standards are specified for each zoning district, and commonly prescribe the required setbacks, height, site coverage, building layout, and site design. The proposed zoning development standards for the Open Space zone focus on limiting the intensity of uses in terms of height, coverage, and impervious area given the intent of the zone for environmentally sensitive or passive uses: • Maximum structure height: 35 feet • Setbacks: o Front: 20 feet o Side – Interior: 5 feet o Side – Corner: 10 feet o Rear: 25 feet • Maximum lot coverage (e.g. by buildings): 5% Page 128 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 8 • Maximum impervious area: 10% hard surface (e.g. roofs and pavement) Item 5. Revised Excerpted Comprehensive Zoning Map The map below depicts the current zoning classification of parcels designated “Open Space” by the comprehensive plan map and that would be changed to the “OS, Open Space” zoning district by the proposed action. An excerpt of the intent statement for each zone shown below is included in Attachment E. By amending the Comprehensive Zoning Map, with the exception of three parcels currently zoned: “DUC, Downtown Urban Center ”, the zoning of the parcels shown below, will be changed to “OS, Open Space” to align with the Open Space land use designation. The proposed revised amendment to the Comprehensive Zoning Map is included in Attachment B. Please note, that the Revised Excerpted Comprehensive Zoning Map was included in the July 5, 2017 Supplemental Memo. Note: As previously discussed with the Planning Commission, the City may change the land use designation, and subsequently change the zone, of some parcels that are currently inappropriately designated open space (e.g. cemeteries and some active and “monument” parks). Modifying the land use designation of the aforementioned parcels would occur as part of the City’s annual amendment cycle, which allows for amendments to the Comprehensive Plan Map, and is not further addressed here. ATTACHMENTS: A – Revised Excerpted Comprehensive Zoning Map B – Revised Amendment to the Comprehensive Zoning Map C – Draft Open Space Zone Code Language D – Excerpt of Key Definitions from Auburn City Code E – Excerpt of Zoning District Intent Statements from Auburn City Code F – Parcel Information of Private Property Owned Parcels Page 129 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 9 Page 130 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 10 Page 131 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 11 ATTACHMENT C – Draft Open Space Zone Code Language Chapter 18.02 GENERAL PROVISIONS Sections: 18.02.010 Short title. 18.02.020 Authority to adopt code. 18.02.030 Purpose. 18.02.040 Applicability. 18.02.050 Minimum requirements. 18.02.060 Rules for administrative interpretations. 18.02.065 Methods of calculating density. 18.02.070 Establishment of zones. 18.02.080 Zoning map. 18.02.090 Zone boundary interpretation. 18.02.100 Zoning for annexed land. 18.02.110 Zoning for property influenced by Auburn Municipal Airport. 18.02.120 Permitted land uses established. 18.02.130 Neighborhood review meeting. 18.02.070 Establishment of zones. A. The city is divided into the following classes of zones: 1. RC, residential conservancy zone (one dwelling unit per four acres); 2. R-1, residential zone (one dwelling unit per acre); 3. R-5, residential zone (five dwelling units per acre); 4. R-7, residential zone (seven dwelling units per acre); 5. R-10, residential zone (10 dwelling units per acre); 6. R-16, residential zone (16 dwelling units per acre); 7. R-20, residential zone (20 dwelling units per acre); 8. RMHC, manufactured/mobile home community zone; 9. RO, residential office zone and RO-H, residential office-hospital zone; 10. C-N, neighborhood shopping zone; 11. C-1, light commercial zone; 12. C-2, central business zone; 13. C-3, heavy commercial zone; 14. M-1, light industrial zone; 15. M-2, heavy industrial zone; 16. BP, business park zone; Page 132 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 12 17. LF, airport landing field zone; 18. P-1, public use zone; 19. UNC, unclassified use zone; 20. I, institutional use zone; 21. EP, environmental park zone; 22. DUC, downtown urban center zone. 23. OS, open space zone. B. The zones set out in subsection A of this section are established as the designations, locations, and boundaries thereof as set forth and indicated on the zoning map. C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to all lands in the city of Auburn. The intent statements shall guide interpretation and application of land use regulations within the zones, and any change to the range of allowed uses within each zone through amendment to this title. Chapter 18.35 SPECIAL PURPOSE ZONES Sections: 18.35.010 Purpose. 18.35.020 Intent of special purpose zones. 18.35.030 Uses. 18.35.040 Development standards. 18.35.050 Additional development standards for both the RO and RO-H zones. 18.35.010 Purpose. This chapter lists the land uses that may be allowed within the residential office, residential office-hospital, public use, institutional, and open space zones established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval required for each use, and provides basic development standards for site layout and building size. 18.35.020 Intent of special purpose zones. A. General. This section describes the intent for each of the city’s special purpose zones. These intent statements may be used to guide the interpretation of the regulations associated with each zone. B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, and banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards Page 133 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 13 encouraging adaptive re-use of existing single-family structures that continue to appear in accord with the single-family residential character. The RO-H designation is to be used exclusively for the hospital area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with the medical community. C. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. D. I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones. E. OS Open Space Zone. The OS zone is intended to provide for land uses that tend to be managed in a largely undeveloped character, including passive parks, watersheds, natural and urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or floodplain ponds, utility corridors with public access, and areas with significant development restrictions. Park lands included in the Open Space zone tends to be predominately passive in character and with relatively fewer developed facilities than parks included in the Institutional zone. Private sites containing critical areas or shorelines may be included. 18.35.030 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, 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 Land Uses RO RO-H P-1 I OS PUBLIC Animal shelter, public X X P X X Page 134 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 14 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 Land Uses RO RO-H P-1 I OS Government facilities, this excludes offices and related uses that are permitted outright A A P P C Municipal parks and playgrounds P P P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds and recreational vehicle parks, private X X X P P Recreational vehicle parks, private X X X P X Cemetery, public X X P A X Cemetery, private X X X A X College, university, public X X A A X Commercial recreation facility – Indoor X X X P X Commercial recreation facility – Outdoor X X X A C ACC 18.57.025(A) Conference/convention facility X X X A X Library, museum X X P P A Meeting facility, public or private A A P P A Private school – specialized education/training (for profit) P P X P X Public schools (K-12) and related facilities X X P P X Religious institutions, lot size less than one acre A P X P X Religious institutions, lot size more than one acre C A X P X Studio – Art, dance, martial arts, music, etc. P X X X X Page 135 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 15 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 Land Uses RO RO-H P-1 I OS RESIDENTIAL Duplex P (1) X X A X Home occupation P P X P P Chapter 18.60 ACC Live/work, work/live unit A P X A X Multiple-family dwellings, stand-alone P (2) A (3) X A X One detached single-family dwelling P X X X P (5) Nursing home, assisted living facility A A X P X Senior housing A A X A X RETAIL Restaurant, cafe, coffee shop, excluding drive-through facilities A A P A X SERVICES Banking and related financial institutions, excluding drive-through facilities (4) P P X X X Daycare, including mini daycare, daycare center, preschools or nursery schools A P X P A Home-based daycare P P X P P Medical services – Clinic or urgent care (4) P P X X X Mortuary, funeral home, crematorium X P X X X Professional offices P P X A A Personal service shops P P X X X Page 136 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 16 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 Land Uses RO RO-H P-1 I OS Pharmacies X P X X X TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Utility facilities, substations, utility transmission or distribution line X X X X A See ACC 18.02.040(E) OTHER USES THAT ARE NOT LISTED Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. P P P P P Notes: 1. Duplexes, 3,600 square feet of lot area per dwelling unit is required. 2. Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit. 3. Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. 4. Permitted within a public college or university as an amenity or service provided to students. A stand- alone bank or medical services/clinic is not permitted. 5. One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open space zone. 18.35.040 Development standards. Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Table 18.35.040 (RO, RO-H, P-1, I, OS Zone Development Standards) and in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. These standards may be modified through either an administrative variance or variance, subject to the procedures of Chapter 18.70 ACC. Page 137 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 17 Table 18.35.040 RO, RO-H, P-1, I Zone Development Standards Development Feature Requirement by Zones RO Residentia l Office RO-H Residential Office-Hospital P-1 Public Use I Institutional OS Open Space Minimum lot area 7,200 sf None None 6,000 sf None Minimum lot width, depth 50 ft, 80 ft None None 60 ft, 80 ft None Maximum lot coverage 55 percent (1) None None 35 percent 5 percent Maximum impervious area NA NA NA NA 10 percent (7) Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for exceptions to these requirements. Front 20 ft (2) 10 ft 20 ft 20 ft 20 ft Side – Interior 5 ft None 5 ft (4) 5 ft 5 ft Side – Corner 10 ft 10 ft 10 ft 10 ft 10 ft Rear 25 ft (3) None 25 ft 25 ft 25 ft Accessory structure(s) See note (5) below NA NA See note (5) below Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height limitations – Exceptions) for height limit exceptions. Maximum height 35 ft 65 ft 45 ft 45 ft (6) 35 ft Fences and hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Nonconforming structures, land and uses See Chapter 18.54 ACC Notes: 1. New single-family residential or conversions of single-family residences to commercial uses with additions greater than a total or cumulative area of 200 square feet on the property since the adoption of Ordinance No. 6231, then the maximum lot coverage is 35 percent. 2. New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the front yard setback is 10 feet. Page 138 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 18 3. New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the rear yard setback is 15 feet. 4. A 25-foot setback is required when adjacent to a residential zone. 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five feet; provided, that any structure with a vehicle entrance from a street (public or private) or public alley shall be set back a minimum of 20 feet. 6. Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings: 16 feet. 7. Maximum impervious area includes all hard surfaces per Auburn City Code 13.48.010(J). 18.35.050 Additional development standards for both the RO and RO-H zones. A. All uses shall be conducted entirely within an enclosed structure, except noncommercial municipal automobile parking facilities in the RO-H zone. B. There shall be no outside storage of materials allowed. C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties. D. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). E. Any new construction, including additions and alterations, within the RO district shall utilize similar bulk, scale, and architectural and landscape elements of the existing site structure or those of the neighborhood in which the property is located. A site plan and building elevation plans shall be prepared by the applicant which address compliance with the requirements as outlined in this subsection. The plans shall be approved by the planning director or designee prior to the issuance of any building permits. The planning director and the public works director or designees may deviate from the development standards under ACC 18.35.040 up to 10 percent, for example, reduce rear yard setback by one and one- half feet, to address unusual circumstances for conversions of single-family residential uses to nonresidential uses. Page 139 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 19 ATTACHMENT D – Excerpt of Key Definitions from Auburn City Code 18.04.025 Administrative use. “Administrative use” means a use permitted in a zone only after review and approval by the planning director or designee. Administrative uses are those which typically have some potential for impacts to neighboring properties, but which may be permitted within a zone following review by the city to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the zone. 18.04.200 Building height. “Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. See Figure 18.04.200. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.260 Conditional use. “Conditional use” means a use permitted in a zone only after review and approval by the hearing examiner. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zone, or if the site is regulated in a certain manner in order to achieve the purposes of this title. 18.04.310 Development standards. “Development standards” means regulations pertaining to setbacks, landscaping, height, site coverage, signs, building layout, site design and related features of land use. 18.04.550 Lot coverage. “Lot coverage” means that percentage of the plot or lot area covered by all buildings including accessory buildings and uses. Coverage is determined by measuring along a horizontal plane from the Page 140 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 20 outermost edge of eaves, cornices, overhangs, or areas covered by a weathertight roof. The first two feet of an eave overhang will, however, not be used in the lot coverage calculation. See Figure 18.04.550. 18.04.696 Permitted use. “Permitted use” means a land use that is allowed outright within a zone. 18.04.752 Prohibited use. “Prohibited use” means any use which is not specifically enumerated or interpreted by the city as allowable in that zone. Any use not specifically listed as a permitted, administrative, conditional, or accessory use is prohibited, except those determined to be unclassified and permitted by the planning director pursuant to ACC 18.02.120(C)(6). Any prohibited use is illegal. 18.04.497 Impervious surface. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. 18.04.810 Setback. “Setback” means the distance between a lot line and the corresponding parallel setback line. 13.48.010(J) Hard surface. “Hard Surface” means an impervious surface, a permeable pavement, or a vegetated roof. Page 141 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 21 ATTACHMENT E – Excerpt of Zoning District Intent Statements from Auburn City Code C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities, display, fabrication or service features when not the predominant portion of the use. The uses enumerated in this classification have potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications. DUC Downtown Urban Center District. The downtown urban center zone is intended to create a distinct and strong identity for downtown Auburn by establishing land use and design standards for review of development proposals within the core area of the city of Auburn’s designated urban center, in order to implement the city of Auburn downtown plan and the goals, policies and objectives of the Auburn comprehensive plan. This zone is intended to produce a concentration and mixture of commercial, office, medical, retail, residential and civic uses within the downtown area; to encourage private and public investment, attract shoppers and visitors, and appeal to existing and new residents; to provide a development pattern that supports pedestrian movement, bicycles and use of public transit; and to provide opportunities to increase the city’s tax base, thereby helping to fund public improvements and public services. EP, Environmental Park Zone. The environmental park district is intended to allow uses in proximity to the Auburn Environmental Park that benefit from that location and will complement the park and its environmental focus. Uses allowed in this zone will focus upon medical, biotech and “green” technologies including energy conservation, engineering, water quality and similar uses. Other uses complementary to and supporting these uses are also allowed. Incorporation of sustainable design and green building practices will be a primary aspect of this zone. The construction of leadership in energy and environmental design (LEED) and built green certified buildings is encouraged and built green will be required for multiple- family dwellings. The city recognizes that much of the property in this zone was developed under earlier standards, so the goals of the district will be realized over a period of time as properties are redeveloped. I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for Page 142 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 22 light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone. M-2, Heavy Industrial Zone. The M-2 zone is intended to accommodate a broad range of manufacturing and industrial uses. Permitted activity may vary from medium to higher intensity uses that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy industrial uses should not be located near residential development. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The purpose of a planned unit development (PUD) district is to offer enhanced flexibility to develop a site through innovative and alternative development standards. A PUD district also allows for a greater range of residential development scenarios, provides for internal transfers of density, and may result in more dwelling units than may be realized by using the existing development standards. In exchange for this enhanced flexibility, the city will require the PUD to result in a significantly higher quality development, generate more public benefit and be a more sensitive proposal than would have been the case with the use of standard zoning or subdivision procedures. PLANNED UNIT DEVELOPMENT DISTRICT (PUD) – Lakeland Hills South. The comprehensive plan provides the Lakeland Hills South special area plan is intended to be consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County Hearings Examiner Case No. Z15-90/UP9-70) as amended. The conditions of approval which remain applicable are attached to Ordinance No. 5092 as Exhibit A and incorporated herein by reference. Auburn has accepted the Lakeland Hills South PUD as an approved PUD. Therefore, this purpose section shall apply to minor and major amendments to the Lakeland Hills South PUD. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. Page 143 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 23 RC Residential Conservancy Zone – One Dwelling Unit per Four Acres. The RC residential conservancy zone is intended primarily to provide for low-intensity single-family residential uses with characteristics of an agricultural environment; provided, that the agricultural uses are secondary to the single-family uses. These areas allow for a lifestyle similar to that of rural areas that includes allowance of farm animals and streets without sidewalks. This zone is intended to protect areas with significant environmental constraints or values from impacts typically associated with urban levels of development while allowing low-intensity development designed to minimize impacts on the natural environmental features designated for conservation. Public improvements required within the RC zone will be less than is normally required for the higher intensity residential zones within the city. This zone shall only be applied in areas designated as residential conservancy on the comprehensive plan. This zone shall allow one dwelling unit per four acres minimum lot area. R-MHC Manufactured/Mobile Home Community Zone. The intent of the R-MHC manufactured/mobile home community zone is to provide a residential zone of single-family manufactured homes exclusively within a planned community. It is further intended that the R-MHC zone shall only be prescribed in those areas that are bordered on, contain physical features, or shall be planned and designed as part of a larger development incorporating other housing types in a manner which limits further expansion into adjacent areas. R-5 Residential Zone – Five Dwelling Units per Acre. The R-5 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to achieve development densities of four to five dwelling units per net acre. This zone will provide for the development of single-family detached dwellings and for such accessory uses as are related, incidental and not detrimental to the single-family residential environment. R-7 Residential Zone – Seven Dwelling Units per Acre. The R-7 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to achieve development densities of five to seven dwelling units per net acre. This zone will provide for the development of single-family detached dwellings and for such accessory uses as are related, incidental and not detrimental to the residential environment. UNC Unclassified Use District. The purpose and objective of the UNC classification is to regulate the use of land in generally undeveloped areas or in areas not otherwise zoned following annexation thereof to the city so as to prevent the uncontrolled intrusion of business, industrial and similar uses which would be in conflict or incompatible with existing or planned future land uses established by the comprehensive plan. Page 144 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 24 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. Unclassified zoned property shall assume the R-1 standards for permitted uses and development standards. Page 145 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 25 ATTACHMENT F – Parcel Information of Private Property Owned Parcels Charts depicting parcel information of the parcels designated Open Space were presented to the Planning Commission during the April 4, 2017 and July 5, 2017 Planning Commission meetings. The charts highlight particular properties in tribal, utility, and private ownership. Based on a closer review of parcels through the preparation of property notices for the hearing, staff compared the charts and noticing efforts and have provided the charts that reflect these efforts. All of the charts below were previously shown during the April 4, 2017 Planning Commission meeting. Page 146 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 26 Page 147 of 201 OPEN SPACE ZONE: STAFF RECOMMENDATION July 2017 27 Page 148 of 201 Page 149 of 201 Page 150 of 201 Page 151 of 201 Page 152 of 201 Page 153 of 201 Page 154 of 201 Page 155 of 201 Page 156 of 201 Page 157 of 201 Page 158 of 201 AUBURN VALUES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION ORDINANCE NO. 6677 – ESTABLISH THE OPEN SPACE ZONING DISTRICT IN CITY ZONING CODE AND ZONING MAP Community Development and Public Works Department Engineering Services Administrative Services Environmental Services Community Development Services Maintenance & Operations Services 1Page 159 of 201 Through Ordinance No. 6584, the City of Auburn adopted a new Comprehensive Plan at the end of 2015 that includes a new land use map designation of “Open Space”. Under the existing comprehensive plan document structure, each Comprehensive Plan land use designation is implemented by at least one zoning district (zone) that addresses the allowed uses and the zoning development standards. Currently, there is no implementing Open Space zone in the Auburn City Code. 2 OPEN SPACE ZONING AMENDMENT PURPOSE Page 160 of 201 On December 6, 2016 staff presented the proposed zoning code text and zoning map amendments to the Planning Commission. The Planning Commission held subsequent public meetings on January 4, 2017, March 7, 2017, and April 4, 2017. On July 5, 2017 the Planning Commission held a public hearing regarding the creation of the Open Space zone. During this public hearing, staff addressed comments received from the City of Auburn Parks Department, City of Auburn Economic Development Department, and Nancy Bainbridge Rogers, representing Mark Segale, a private property owner, and presented a revised staff recommendation. 3 PLANNING COMMISSION REVIEW SUMMARY Page 161 of 201 The Planning Commission continued the public hearing to August 8, 2017, requesting that staff conduct additional noticing to and/or coordination efforts with Andrew and Elena Cherny, private property owners, and Muckleshoot Indian Tribe (MIT). Following the July 5, 2017, staff conducted additional noticing efforts as requested and coordinated review of the proposed zoning map amendment with the MIT. 4 PLANNING COMMISSION REVIEW SUMMARY Page 162 of 201 At the August 8, 2017 continued public hearing, the Planning Commission deliberated and modified the staff recommendation such that City of Auburn staff would continue to coordinate planning efforts with the Muckleshoot Indian Tribe. 5 PLANNING COMMISSION REVIEW SUMMARY Page 163 of 201 1 . The staff report provided to the Planning Commission and included as Item 3 this packet provides the detailed background that led to the Planning Commission’s recommendation. Of particular note are the following items: The Open Space zone is generally meant to apply to parcels that are largely undeveloped in character and feature natural and urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or floodplain ponds, utility corridors with public access, watersheds or areas with significant development restrictions. 6 OPEN SPACE ZONING AMENDMENT BACKGROUND Page 164 of 201 The majority of the parcels are owned by the City of Auburn (COA). The COA -owned parcels generally feature either a critical area, such as a wetland or geologic hazard area, utility infrastructure, or are within the shoreline jurisdiction and subject to the COA SMP. The majority of the non-City owned parcels are governmentally -owned or utility-owned parcels which are encumbered by utility infrastructure, such as a transmission line. The remaining non-City owned parcels, are privately owned and are either: Contain a critical area, such as a wetland or geologic hazard area (regulated by Chapter 16.10 Auburn City Code (ACC)); Feature a split-land use designation due to the shoreline of the White River and are subject to the City of Auburn (COA) Shoreline Master Program (SMP)); or Were originally set aside as open space per previous plat requirement. 7 OPEN SPACE ZONING AMENDMENT BACKGROUND Page 165 of 201 2 . The adoption of Ordinance No. 6667 on December 18, 2017 (which adopted the 2017 annual Comprehensive Plan annual amendments) changed the land use designation of numerous parcels that were previously included in the “open space” and thus originally proposed for this zoning map amendment (to make the Comprehensive Plan designation and zoning agree). The parcels modified under Ordinance No. 6667, were originally incorrectly designated during the 2015 Comprehensive Plan mapping update. 8 OPEN SPACE ZONING AMENDMENT BACKGROUND Page 166 of 201 Throughout the open space zoning amendment, staff recognized that there were some inconsistencies and refinements needed as a result of this mapping process, and intended to make refinements during the annual comprehensive plan amendment process. The annual comprehensive plan process is the avenue in which staff may make changes to the Comprehensive Plan Map. Thus, since the parcels changed per Ordinance No. 6667 are no longer designated “Open Space”, they been removed from this proposed open space zoning map amendment. Ordinance No. 6677 Exhibit 1 –Area-Wide Rezone Map has been updated to that effect. 9 OPEN SPACE ZONING AMENDMENT BACKGROUND Page 167 of 201 3 . Planning Commission’s recommendation recognizes that the proposed zoning code language and zoning map amendment does not affect “Indian Lands” and is not intended to, usurp or exercise land use control over such lands. The intent of the text and map amendment is to identify what zoning or land-use provisions would apply to such lands were they not under Indian jurisdiction, or were the land to change in ownership or jurisdictional character. This recognition is consistent with the language contained in ACC 18.01.050 (adopted under Ordinance No. 6667) which addresses how do city zoning and land use regulations relate to Indian Lands. 10 OPEN SPACE ZONING AMENDMENT BACKGROUND Page 168 of 201 Schedule Ordinance No. 6677 for action by City Council at the regular meeting on February 26, 2018. 11 REQUEST OF CITY COUNCIL Page 169 of 201 12 QUESTIONS? Page 170 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: King County Draft Comprehensive Solid Waste Management Plan (Coleman) (30 Minutes) Date: February 6, 2018 Department: Finance Attachments: Comp Plan Draft Budget Impact: Administrativ e Recommendation: For discussion only. Background Summary: The King County Solid Waste Division released the Draft Comprehensive Solid Waste Management Plan for public review and comment on January 8, 2018. The Draft Plan outlines programs to prevent, recycle, and dispose of waste in King County. The deadline for submitting comments is March 8, 2018, but there will be additional opportunities for public comment as the Draft Plan undergoes the review and adoption process that runs through approximately March 2019. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:February 12, 2018 Item Number: Page 171 of 201 King County Draft Comprehensive Solid Waste Management Plan January 2018 Page 172 of 201 •State law and agreements with 37 partner cities require the Plan •County, its advisory committees, and partner cities collaborate on Plan development •The Plan guides how to prevent, recycle, and dispose waste in ways that are efficient, cost effective and protect the environment A Policy Roadmap for the Regional System Page 173 of 201 Regional Solid Waste System Serving 1.4 million people •King County regional service provider •37 cities all but Seattle & Milton •6 urban transfer stations •4 rural transfer facilities •9 closed landfills •1 open landfill Page 174 of 201 Six Major Planning Elements Existing Solid Waste System Forecasting & Data Sustainable Materials Management (Recycling) Transfer & Processing Disposal & Landfill Management Finance Page 175 of 201 Equity & Social Justice Climate Protection Page 176 of 201 Sustainable Materials Management (Recycling)Page 177 of 201 Source: 2015 Waste Characterization Study and 2016 King County Solid Waste Tonnage Forecast Readily recyclable & compostable Potentially recyclable Limited recyclability 70% of what is currently thrown away as trash could be recycled Recycling Goal: 70% Our Latest Recycling Rate Is 52% Page 178 of 201 •Plan includes a menu of actions including: •Waste prevention and reuse •Product stewardship •Recycling and composting •Education •Incentives •Mandates •Infrastructure improvements How do we achieve 70% recycling? Page 179 of 201 Transfer and Processing Page 180 of 201 Tons of Garbage Disposed at King County Transfer Stations in 2016* * Note: Data reflect transfer station tons only –they do not include disposed tons from regional direct, special, and other waste sent to Cedar Hills Regional Landfill Page 181 of 201 Modernizing Garbage & Recycling Facilities •Improved customer convenience •Faster unloading •Expanded recycling services •Garbage compaction •Sustainable building design and operation Page 182 of 201 King County Waste Transfer System How should service be provided in the NE area? •Houghton “as is” •New NE station •Combination of facilities A recommended approach will be identified after public comment periodPage 183 of 201 Disposal Page 184 of 201 Cedar Hills Projected To Be Full By 2028 Unless New Capacity Is Developed Page 185 of 201 Plan Identifies Three Disposal Options for Beyond 2028 •Further develop Cedar Hills landfill •Export waste by rail to an out-of- county landfill •Build a waste to energy facility in King County 10 A recommended approach will be identified after the public comment period Page 186 of 201 12 Three Future Options Have Different Disposal Cost Status Quo Page 187 of 201 Existing System, Forecasting, Finance Page 188 of 201 Estimated Comp Plan Adoption Timeline 24 Develop plan content Oct 2016 –Dec 2017 Discuss with Advisory Committees: Oct 2016 –Nov 2017 60-day public comment on draft Plan & DEIS: Jan 8 - Mar 8, 2018 Develop environmental impact statement (DEIS ) Jan–Dec 2017 Preliminary state review : January 8 -May 7, 2018 County Council adoption process: starts mid 2018 City adoption process: Late 2018 - 2019 Final state approval: 2019 2016 2017 2018 2019 Page 189 of 201 Public Comment Period: January 8 to March 8, 2018 •Learn about the plan: www.kingcounty.gov/solid-waste-comp-plan •How to comment: •Complete the online survey •Send an email •Send a letter •Attend an open house Page 190 of 201 •January 24, 2018 Kingsgate Library 12315 NE 143rd St. Kirkland 98034 •January 30, 2018 Kent Senior Center 600 E. Smith St. Kent 98031 •February 7, 2018 King County Library Service Center 960 Newport Way NW Issaquah 98027 Public Open Houses Page 191 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Streamlined Sales Tax (SST) Update (Coleman) (15 Minutes) Date: February 6, 2018 Department: Finance Attachments: SST Memo Budget Impact: Administrativ e Recommendation: For discussion only. Background Summary: To update Council on the Streamlined Sales Tax (SST) and Market Place Fairness Act. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:February 12, 2018 Item Number: Page 192 of 201 Interoffice Memorandum To: City Council From: Shelley Coleman, Finance Director CC: Mayor Backus Date: February 6, 2018 Re: Streamlined Sales Tax (SST) and Market Place Fairness Act – Update On June 30, 2017 at 11:15 p.m., the Governor signed into law the 2017 – 2019 biennial budget. The budget was prepared in closed meetings and brought forward at, literally, the 11th hour for signature. Two items in this budget surrounding SST have an impact on the City of Auburn. 1) The biennial appropriation to mitigate impacted cities and, 2) the Market Place Fairness under EHB 2163. 1. In the final hours of the budget prep, the appropriation in the operating budget for mitigation ended up being ~ $2,300,000 (10%) under the need of ~ $23,000,000 identified in EHB 2163. There is a push by the impacted cities to have additional appropriation provided in the 2018 supplemental budget to match the mitigation need per EHB 2163. If the 10% shortfall is applied against the payments to mitigated cities, the impact to Auburn over the biennium is $380,000. This action is ongoing and hopefully resolved with the adoption of the supplemental budget. 2. Market Place Fairness in Washington State is happening. In a memorandum provided to Council on August 15, 2017, there was a note about potential lawsuits against the State from retailers. Conversations with the Department of Revenue (DOR) in late December have eased the concern of a lawsuit. DOR reported that there was some chatter in late summer about collecting funds to challenge EHB 2163, but it died off and there seemed to be little to no interest among the retailers to contribute towards a challenge. Page 193 of 201 Under EHB 2163, mitigation ends June 2019 with the last payment received in September 2019. However, there is a proviso in the bill directing the DOR, working with the affected cities and other stakeholders, to analyze the projected SST mitigation losses against remote sales tax gains and evaluate options for these cities going forward. DOR has asked AWC and the City of Kent to co-lead and co-chair a work group for this portion of the study and to provide background and recommendations by September 1, 2018 in order for DOR to insert them into the full study recommendations due November 1, 2018. The study will include mitigation trends for cities that host a significant concentration of warehousing, distribution and manufacturing spaces and provide recommendations and options in light of those trends. The City is participating in the work group. e-Commerce and Sales Tax –Update The States, Congress and retailers are closely following a Supreme Court case (South Dakota vs. Wayfair). It could open the doors to more online purchasers paying sales tax. Much of e-commerce escapes sales tax because of a 1992 high court decision (Quill vs. North Dakota) shields out of state sellers with no physical presence in the buyer’s home state from having to collect sales tax from the buyer. After years of congressional inaction on this issue, many states have chosen to enact their own internet sales tax laws. One such state is South Dakota, which enacted a law that directly conflicts with the 1992 ruling. After the state’s highest court blocked the law, South Dakota appealed and the Supreme Court has agreed to hear the case with a ruling anticipated in late June. A ruling overturning the 1992 court decision would be beneficial to all states and local jurisdictions who levy sales tax. However, the receipts are not anticipated to offset the 2008 sourcing change losses incurred by cities with high concentrations of warehousing, distribution, and manufacturing. Page 194 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6678 (Coleman) (10 Minutes) Date: February 6, 2018 Department: Finance Attachments: Ordinance No. 6678 Budget Impact: Administrativ e Recommendation: City Council to introduce and adopt Ordinance No. 6678. Background Summary: Ordinance No. 6678 levies a .0203% sales tax credit against the state sales tax for local revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature during the 2009 regular session. The intent of the legislation was to provide financial assistance to Cities to assist with financing public improvements in an identified revitalization area to promote community and economic development. The City first applied for the use of local revitalization financing on August 11, 2009 and the Department of Revenue approved the City’s application on September 16, 2009, authorizing up to $250,000 per year for the local revitalization program (Promenade capital improvements). In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding capital improvements for the Promenade. Annual debt service payments for these bonds continue through the year 2034. Funds from EDA grants, combined with REET2 funds and interest earnings, are used to pay for the annual debt service costs of the local revitalization project. As of the end of 2017, the remaining principal balance was $5.6 million. The tax credit is available to the City for up to 25 years. 2018 will be the ninth year that the City has asked the State for the tax credit. As provided by the state, in order for the City to continue receiving the tax credit, the City must request this each year by Ordinance. Based upon historical taxable retail sales, the above rate of .0203% is estimated to generate $250,000 for local revitalization funding during the State’s fiscal year, July 1, 2018 to June 30, 2019. Page 195 of 201 Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:February 12, 2018 Item Number: Page 196 of 201 ------------------------------ Ordinance No. 6678 February 7, 2018 Page 1 of 2 ORDINANCE NO. 6 6 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LOCAL SALES AND USE TAX RATE FOR LOCAL REVITALIZATION FINANCING FOR 2018 WHEREAS, The City of Auburn (“City”) enacted Ordinance No. 6301 on April 19, 2010, which established a local sales and use tax as provided for in Section 39.14.510 of the Revised Code of Washington (“RCW”); and, WHEREAS, this tax is imposed in order to pay the debt service on Local Revitalization Financing bonds in accordance with Chapter 39.104 RCW; and, WHEREAS, Chapter 39.104 RCW provides that the City shall, from time to time, adjust the tax rate so that it is set at the rate reasonably necessary to receive the state contribution over 10 months, in accordance with RCW 82.14.510(3); and WHEREAS, the Local Sales and Use Tax Rate is set at a rate to generate approximately $250,000.00 between July 1, 2018 through June 30, 2019, for Local Revitalization Financing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The sales and use tax rate initially established in Section 3.2 of Ordinance No. 6301, and most recently amended by Ordinance No. 6636, is hereby amended to .0203%, effective July 1, 2018. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Page 197 of 201 ------------------------------ Ordinance No. 6678 February 7, 2018 Page 2 of 2 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ Page 198 of 201 AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: February 8, 2018 Department: Administration Attachments: Matrix Special Focus Areas Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:February 12, 2018 Item Number: Page 199 of 201 Updated 01-23-2018 NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW DATE(S) COUNCIL DISCUSSION SUMMARY ACTION DATE 1 Capital Projects Update and Featured Capital Project Discussion Chair DaCorsi Vice Chair Deputy Mayor Baggett Asst. Director Gaub 2/26/2018 2 Community Sustainability Series: Economic and Statutory Considerations for Municipalities Chair DaCorsi Vice Chair Deputy Mayor Baggett Asst. Director Tate TBD 3 Centers Designation Overview Chair DaCorsi Vice Chair Deputy Mayor Baggett Asst. Director Snyder TBD 4 IT Update Chair DaCorsi Vice Chair Deputy Mayor Baggett Director Haugan 2/26/2018 5 Airport Facilities Assessment Report Chair Brown Vice Chair Peloza Asst. Director Gaub 3/12/2018 6 Airport Capital Needs Update Chair Brown Vice Chair Peloza Asst. Director Gaub 3/12/2018 7 Homelessness Update Chair Trout-Manuel Vice Chair Wales Director Hinman TBD 8 Update on Court-DV Filings/Hearings and DV Model Firearms Program Chair Trout-Manuel Vice Chair Wales City Attorney Heid TBD 9 READY Program Update Chair Trout-Manuel Vice Chair Wales Pat Bailey and City Attorney Heid TBD 10 Streamlined Sales Tax Update Chair Holman Vice Chair Brown Finance Director Coleman 2/12/2018 11 Cost of Service Study - Planning and Development Fees Chair Holman Vice Chair Brown Finance Director Coleman 2/12/2018 12 Livable Cities Update Chair Holman Vice Chair Brown Asst. Director Tate TBD 12 COUNCIL MATRIX Page 200 of 201 Revised 01-08-2018 HEALTH & HUMAN SERVICES FINANCE & ECONOMIC DEVELOPMENT PUBLIC WORKS & COMMUNITY DEVELOPMENT MUNICIPAL SERVICES HUMAN SERVICES FUNDING CITY BUDGET & AMENDMENTS UTILITIES POLICE PUBLIC WELLNESS RISK MANAGEMENT ZONING, CODES & PERMITS SCORE JAIL DOMESTIC VIOLENCE SERVICES EQUIPMENT RENTAL INNOVATION & TECHNOLOGY DISTRICT COURT HOMELESSNESS SERVICES FACILITIES TRANSPORTATION PARKS & RECREATION AFFORDABLE HOUSING CITY REAL PROPERTY STREETS ANIMAL CONTROL COMMUNITY SERVICES LEGAL ENGINEERING SOLID WASTE HUMAN RESOURCES DEVELOPMENT INCENTIVES CAPITAL PROJECTS EMERGENCY PLANNING MEDICAL COMMUNITY RELATIONS BUSINESS DEVELOPMENT SUSTAINABILITY AIRPORT ECONOMIC DEVELOPMENT STRATEGIES ENVIRONMENTAL PROTECTION AIRPORT BUSINESSES CULTURAL ARTS & PUBLIC ARTS SISTER CITIES PLANNING MULTIMEDIA Councilmember Trout-Manuel, Chair Councilmember Holman, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair Councilmember Wales, Vice Chair Councilmember Brown, Vice Chair Deputy Mayor Baggett, Vice Chair Councilmember Peloza, Vice Chair 2018 MEETING DATES 2018 MEETING DATES 2018 MEETING DATES 2018 MEETING DATES January 22, 2018 February 12, 2018 February 26, 2018 January 8, 2018 March 26, 2018 April 9, 2018 April 23, 2018 March 12, 2018 May 29, 2018 June 11, 2018 June 25, 2018 May 14, 2018 July 23, 2018 August 13, 2018 August 27, 2018 July 9, 2018 September 24, 2018 October 8, 2018 October 22, 2018 September 10, 2018 November 26, 2018 December 10, 2018 December 24, 2018 November 13, 2018 SPECIAL FOCUS AREAS Page 201 of 201