HomeMy WebLinkAbout03-19-2018 CITY COUNCIL AGENDACity Council Meeting
March 19, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
I I I .AP P O I NT M E NT S
A .2018 - 2020 Poet L aureate
City Council to confirm the appointment of S usan L andgraf as A uburn’s 2018-2020
P oet L aureate.
(RECOM M ENDED ACTION: City Council confirm the appointment of Susan
Landgraf as Auburn's 2018-2020 Poet Laureate.)
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Right-of-Way Vacation V 1-17 (Gaub)
City Council to conduct a public hearing in consideration of Right-of-Way Vacation
No. V1-17.
(RECOM M ENDED ACTION: City Council conduct the public hearing.
For further action on this item, see Ordinance No. 6671, which appears
later on the agenda.)
2.Public Hearing for Franchise A greement No. 17-22
(Gaub)
City Council to conduct a public hearing in consideration of F ranchise Agreement
No. 17-22 for Olympic P ipe L ine Company, L L C.
(RECOM M ENDED ACTION: City Council conduct the public hearing.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Page 1 of 132
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the March 5, 2018 regular City Council meeting
B .Minutes of the J anuary 8, 2018 City Council S tudy S ession
C.Claims Vouchers (Coleman)
Claims vouchers 447914 through 448096 in the amount of $4,702,165.01 and four
wire transfers in the amount of $473,999.98 and dated March 19, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537813 through 537833 in the amount of $224,194.73 and
electronic deposit transmissions in the amount of $1,933,261.90 for a grand total of
$2,157,456.63 for the period covering March 1, 2018 to March 14, 2018.
(RECOM M ENDED ACTION: City Council approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
A .Ordinance No. 6671 (Gaub)
A n Ordinance of the City Council of the City of A uburn Washington, vacating real
property intended for right-of-way purposes located at 1412 3rd Street S E , within the
City of Auburn, Washington
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6671.)
X I .RE S O L UT IO NS
A .Resolution No. 5343 (Gaub)
A resolution of the City Council of the City of Auburn, Washington, approving the 2018
S tormwater Management Program P lan and authorizing the Mayor to include a copy of
the Program P lan in the National P ollutant Discharge E limination System Western
Washington Phase I I Municipal S tormwater P ermit A nnual Report for 2017 to the
Washington State Department of E cology
Page 2 of 132
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5343.)
B .Resolution No. 5353 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an amendment to the I nterlocal A greement with the L akehaven Water
and S ewer District for the purpose of modifying the S ewer District’s S anitary Sewer
S ervice Area
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5353.)
C.Resolution No. 5358 (Faber)
A resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance of a grant from the S tate of Washington Heritage Capital P rogram,
"Railroads, Waterfowl, F ield Trips and F amily Outings", and authorizing the Mayor to
execute the necessary contracts to accept said funds
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5358.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I I .AD J O URNM E 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 3 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
2018 - 2020 Poet Laureate
Date:
March 9, 2018
Department:
Parks/Art and Recreation
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council approve appointment of Susan Landgraf as Auburn's 2018-2020 Poet Laureate.
Background Summary:
The City of Auburn Poet Laureate recognizes and honors a poet of exceptional talent and
accomplishment that is a resident of South King County or North Pierce County and shall have
been actively engaged in Auburn' s creative community for at least one year prior to appointment.
The Poet Laureate also encourages appreciation of poetry and literary life in Auburn. Once a Poet
Laureate program is established the Auburn Arts Commission will forward a recommendation to the
Mayor for final selection and appointment. The term of service for the next Poet Laureate will be
three years, beginning in February of 2018. The award is honorific. There is no financial
compensation for the position.
The Auburn Arts Commission has recommended Susan Landgraf for appointment as Auburn’s
2018-2020 Poet Laureate. Landgraf is a very talented, respected and well-published poet with a
positive personality and charisma that the Arts Commission feels would represent Auburn well in
this honorary role.
Rev iewed by Council Committees:
Councilmember:Staff:Faber
Meeting Date:March 19, 2018 Item Number:
Page 4 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Right-of-Way Vacation V1-17 (Gaub)
Date:
February 23, 2018
Department:
CD & PW
Attachments:
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a Public Hearing in consideration of Right-of-Way Vacation V1-17. See
Ordinance No. 6671 for further action on this item.
Background Summary:
See Ordinance No. 6671, later on the agenda, for additional materials. Per Auburn City Code
Chapter 12.48 a public hearing shall be held to consider the proposed right-of-way vacation
for V1-17 for the 50 foot by 60 foot right-of-way in the vicinity of 1412 3rd Street SE. The
date of the public hearing was set by Resolution No. 5340 on February 20, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 19, 2018 Item Number:PH.1
Page 5 of 132
1 of 2
2/14/2018
V2-16 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V1-17
Applicant: City Initiated
Property Location: Right-of-Way located in the vicinity of 1412 3rd Street SE. Specifically the south 50
feet of the north 331.07 feet of the west 60 feet of Lot 33 East Auburn Acres
addition to Auburn.
Description of right-of-way:
This ROW proposed for vacation consists of a 50 foot by 60 foot portion of real property acquired for the intended
purpose of right-of-way that was Quit Claim Deeded to the City in 1956 under Recording Number 4702460,
Volume 3583, Page 617 of deeds records of King County on June 14, 1956. The City has determined that the
intent of the City’s acquisition was for right-of-way purposes based on the alignment with other similar pieces of
right-of-way that were dedicated for street purposes. These similar pieces of right-of-way were subsequently
vacated years later when City long range transportation plans determined that a road alignment extending 4th
Street SE between M Street SE and R Street SE was not needed and that unopened and partial alignments
should be considered for vacation back to adjacent property owners.
The ROW is located south of 3rd Street SE and north of the Burlington Northern Railroad and consists of a 50 foot
by 60 foot area. The total area of ROW proposed for vacation is 3,000 (+/-) square feet. The ROW is adjacent to
Parcel No. 2149800305 on the north side, Parcel No. 2149800302 on the south side, Parcel No. 2149800284 on
the west side and Parcel No. 2149800306 on the east side.
See the attached map.
Proposal:
The City proposes to vacate the above described right-of-way as it is not needed for public road purposes.
Applicable Policies & Regulations:
RCW’s applicable to this situation - meets requirements of RCW 35.79.
MUTCD standards - not affected by this proposal.
City Code or Ordinances - meets requirements of ACC 12.48.
Comprehensive Plan Policy - not affected.
City Zoning Code - not affected.
Public Benefit:
The street vacation decreases potential right-of-way maintenance obligation and liability of the City.
The vacated area will be subject to property taxes.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE received the City’s request for comments regarding the proposed
street right-of-way vacation. PSE was unable to determine if they have existing facilities in the proposed
vacation area and stated that they would pursue their own easements if needed in the future.
2. Comcast – Comcast has no objection to the proposed vacation and does not require an easement.
3. CenturyLink – CenturyLink has not facilities on or in the area being requested for vacation and does not
required an easement.
4. Water – The City does not require an easement be reserved for water facilities.
Page 6 of 132
2 of 2
2/14/2018
V1-17 Staff Report
5. Sewer – The City does not require an easement be reserved for sewer facilities.
6. Storm – The City does not require an easement be reserved for storm facilities.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – The area proposed for vacation that is currently being used as a road and access to Parcel No.
2149800302 on the south side of the ROW will need to be maintained as such after vacation. The current
access to this parcel does not meet current code for fire apparatus access turnaround requirements. As
such the area currently being used as a road and access may not become any smaller than it currently is.
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
Assessed Value:
ACC 12.48 states “The City Council may require as a condition of the ordinance that the City be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The City Engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the City Engineer to be greater than $2,000, the applicant will be required to provide the City with
an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The City
reserves the right to have a second appraisal performed at the city’s expense.”
The City Engineer has not required an appraisal for the value of this right-of-way since the right-of-way vacation is
being initiated by the City. Additionally the right-of-way was dedicated to the City at no cost and the City has
never maintained or opened the right-of-way for public use.
Recommendation:
Staff recommends that the street vacation be granted with no conditions.
Page 7 of 132
192.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet192.396.20
1:1,154
ROW Vacation #V1-17 1412 3rd Street SE
1in =96 ft
2/6/2018Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 8 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Franchise Agreement No. 17-22 (Gaub)
Date:
March 1, 2018
Department:
CD & PW
Attachments:
Draft Ordinance No. 6674
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council hold a public hearing in consideration of Franchise Agreement No. 17-22 for
Olympic Pipe Line Company, LLC.
Background Summary:
Per Auburn City Code Chapter 20.06.030 a public hearing shall be held to consider Franchise
Agreement No. 17-22 for Olympic Pipe Line Company, LLC to operate within the City’s rights-
of-way petroleum products transmission pipeline within the City of Auburn. The date of the
public hearing was set by Resolution No. 5346 on March 5, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 19, 2018 Item Number:PH.2
Page 9 of 132
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 1 of 27
ORDINANCE NO. 6 6 7 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING A
FRANCHISE AGREEMENT FOR A PETROLEUM
PRODUCTS PIPELINE TO OLYMPIC PIPE LINE
COMPANY, LLC
WHEREAS, Olympic Pipe Line Company, LLC (“Grantee”) has applied to
the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilities in, on,
over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording opportunity
for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest of
the City and its inhabitants that the franchise be granted to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A”, attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair, for provision of those services set forth in
Exhibit “B” (“Grantee Services”) pipeline or pipelines, and associated valves,
fittings, location markers and signs, communication systems, utility lines, signage,
protective apparatus, and all other appurtenances, equipment, and facilities,
Page 10 of 132
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 2 of 27
whether above or below grade, useful or incidental to or for the operation or
protection thereof (the “ Grantee Facilities”), and conduct such other activities as
may be convenient in connection therewith as determined by Grantee, for the
transportation of oil, gases, liquids, solids, or any mixtures thereof, and any
product, by-product, and derivatives thereof, on, over, under, across, and through
the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City. This Franchise is intended to convey only a limited right
and interest and is not a warranty of title or interest in the City’s right-of ways. The
Agreement does not convey any right to Grantee to install Grantee Facilities on or
to otherwise impact, city-owned or leased properties, easements, or rights-of way
outside the ones identified in Exhibit A.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes with
Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
Page 11 of 132
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 3 of 27
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. This Franchise is subject to the provisions of Auburn City Code
(“ACC”), including specifically ACC Chapter 20.10, “CONDITIONS OF PUBLIC
WAY AGREEMENTS, FRANCHISES, AND FACILITIES LEASES”, and all
applicable federal and state laws, codes and regulations as currently exist or as
amended. However, if the provisions of city code, as amended or superseded,
conflict with any terms and conditions of this agreement, the provisions of this
agreement shall govern.
Section 2. Notice
A. Whenever this Franchise calls for notice to or notification by any
party, the same (unless otherwise specifically provided) shall be in writing and
directed by certified mail to the recipient at the address set forth in this Section.
If the date for making any payment, notice, or performing any act is a legal holiday,
payment or notice may be made or the act performed on the next succeeding
business day which is not a legal holiday.
City: Engineering Aide,
Community Development and Public Works Department
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: Olympic Pipe Line Company, LLC.
Right of Way Agent
2319 Lind Ave SW
Renton, WA, 98057
Telephone: (425) 235-7736, Fax (425) 981-2525
Page 12 of 132
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 4 of 27
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, Community Development and Public Works
Department, with copies to the City Clerk, referencing the title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall be
staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of 10 (ten) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional ten (10) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth therein (currently between 180 and 240 days prior to expiration
of the then-current term). Any materials submitted by the Grantee for a previous
application may be considered by the City in reviewing a current application, and
the Grantee shall submit those materials that differ from the previous materials or
as deemed necessary by the City to address changes in the Grantee Facilities or
Grantee Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues year to year until renewed or either
party gives written notice at least one hundred and eighty (180) days in advance
of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
Page 13 of 132
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 5 of 27
“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” or “Right-of-Way” means the surface and the space above and
below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks,
easements, rights-of-ways and similar public properties and areas.
“Grantee Facilities” or “Facilities” means, collectively, any and all systems owned
or operated by Grantee located in the City Rights-of-Way, including but not limited
to pipelines, mains, laterals, fixtures, communication systems, and any and all
other equipment appliances, attachments, appurtenances and other items
necessary, convenient, or in any way appertaining to any and all of the foregoing
for the purpose of transmission of petroleum products, whether the same be
located over or under ground.
“Hazardous Substance” shall specifically include, but shall not be limited to,
petroleum and petroleum products and their by-products, residue, and remainder
in whatever form or state.
“Operate” or “Operations” shall mean the operation, use, and maintenance of
Grantee Facilities, pursuant to the terms of this Agreement.
“Party” or “Parties” means collectively the City and Grantee, and individually either
the City or Grantee.
“Public Works Project” means, any City capital improvement or the construction,
relocation, expansion, repair, maintenance, or removal of any part of the Right-of-
Way or City-owned facilities located on or in the Right-of-Way for: parks; streets;
sidewalks; curbs; pedestrian and/or vehicle traffic; sewers, storm water drains;
water facilities, and; City-owned fiber optic cable, conduit or network facilities.
“Third Party” means any person, party, or entity other than the City and Grantee.
Page 14 of 132
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 6 of 27
“FERC” means the Federal Energy Regulatory Commission, or such other
successor regulatory agency having jurisdiction over interstate pipeline
companies.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not become
effective for any purpose unless and until Grantee files with the City Clerk (1) the
Statement of Acceptance, attached hereto as Exhibit “C,” and incorporated by
reference, (2) all verifications of insurance coverage specified under Section 17,
(3) the financial guarantees specified in Section 18 and (4) payment of any
outstanding application fees per the City fee schedule. These four items shall
collectively be the “Franchise Acceptance”. The date that such Franchise
Acceptance is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise Agreement, 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
Facilities. Grantee shall comply with all applicable City, State, and Federal codes,
rules, regulations, and orders, as they now exist or as may be hereafter amended
or superseded, 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 Right-of-Way within which Grantee is under taking its
activity. Such efforts shall include, at a minimum, reasonable and diligent efforts to
keep the other party and other utilities within the Right-of-Way informed of its intent
to undertake such construction work.
C. In addition to complying with ACC 20.10.80, as hereafter amended
or superseded, Grantee Facilities shall be located and maintained within the Right-
of-Way so as not to interfere with the reasonable ingress or egress to the properties
abutting the Right-of-Ways as they existed or exist at the time of installation of the
Grantee Facilities. The City expressly reserves the right to prescribe how and
where Grantee Facilities shall be installed within the public right-of-way and may
Page 15 of 132
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 7 of 27
from time to time, pursuant to the applicable sections of this Franchise, require, at
no cost to the City, the removal, relocation and/or replacement thereof in the public
interest and safety at the expense of the Grantee.
D. Grantee shall continuously be a member of the State of Washington
One Number Locator service under RCW Chapter 19.122, or an approved
equivalent as determined by the City, and shall comply with all such applicable
rules and regulations. Before commencing any work within the Right-of-Way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, Right-of-Way, and such other places in
the Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
H. Markers demarcating the pipeline's location shall be placed on
the surface consistent with federal requirements to provide clear warning of the
presence of the pipeline but in a manner that does not interfere with trails or other
public uses in that area. Additionally, Grantee shall place continuous underground
markers demarcating the pipeline's location each time Grantee digs to the pipeline
for any reason.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair and
emergency response work as required under the circumstances, provided that the
Grantee shall notify the City telephonically during normal business hours (at
253.931.3010 and during non-business hours at 253-876-1985 as promptly as
possible before such repair or emergency work commences, and in writing as soon
thereafter as possible. Such notification shall include the Grantee’s emergency
contact phone number for the corresponding response activity. For any
emergency or after normal business hour issues involving the Grantee’s facilities
Page 16 of 132
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Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 8 of 27
which requires the Grantee’s immediate response the City shall contact the
Grantee at 888-271-8880 which is operated 24 hours a day, seven days a week.
The City may act, at any time, without prior written notice in the case of emergency,
but shall notify the Grantee in writing as promptly as possible under the
circumstances of the nature of the emergency and the actions taken to address it.
Section 8. Damages to City and Third-Party Property
A. 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 and then to the condition it was in immediately prior to being damaged.
Such repair work shall be performed and completed to the satisfaction of the City
Engineer.
B. If Grantee has failed to perform any work required to be performed
in a timely manner under this Ordinance, or to correct an unsafe condition, the City
may itself perform or have performed such work. Grantee shall pay all reasonable
costs incurred by the City to perform such work upon demand of the City.
C. All survey monuments which are disturbed or displaced by Grantee
in its performance of any work under this Agreement shall be referenced and
restored by Grantee, as per WAC 332-120, as from time to time amended, and all
applicable federal, state, and local standards and specifications.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another private utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or Right-of-Way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
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the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. When constructing new facilities, or replacing or reconstructing
facilities, Grantee shall maintain a minimum underground horizontal separation of
ten (10) feet from City water and five (5) feet from City sanitary sewer and storm
sewer facilities; provided, that for development of new areas, the City, in
consultation with Grantee and shall coordinate with other utility purveyors or
authorized users of the Public Way, will develop and follow the City’s determination
of guidelines and procedures for determining specific utility locations, subject
additionally to this agreement.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineer to coordinate municipal functions with
Grantee’s activities and fulfill any municipal obligations under state law. Said
information shall include, at a minimum, as-built drawings of Grantee Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s data base system, as now or
hereinafter existing, including the City’s geographic information Service (GIS) data
base. Grantee shall keep the City Engineer informed of its long-range plans for
coordination with the City’s long-range plans.
B. Upon the City’s reasonable request, in connection with the design of
any Public Works Project, Grantee shall verify the location of Grantee Facilities at
no expense to the City. In the event Grantee performs excavation, the City shall
not require any restoration of the disturbed area in excess of restoration to the
same condition as existed immediately prior to the excavation.
C. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Grantee
shall clearly mark any information that it provides to the City as “Proprietary”
information if Grantee believes that disclosure of that information would be exempt
under the trade secrets exemption in RCW 42.56.270. The City agrees that if it
receives a request for Grantee’s proprietary information, it will initially assert the
exemption under 42.56.270, and will notify Grantee of the request.
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The City shall not initiate legal action to prevent disclosure of Grantee’s
proprietary information. If a requestor files a lawsuit to compel disclosure, Grantee
agrees to defend the action at Grantee’s sole expense.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the City
because of non-disclosures requested by Grantee under Washington’s open
public records act, provided the City has notified Grantee of the pending request
or Grantee is made aware of the request or claim.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities within one hundred and eighty (180) days of being
ordered by the City Engineer at no expense or liability to the City, except as may
be required by RCW Chapter 35.99. Such alternate location for relocation of
Grantee’s facilities shall be determined and approved jointly by the City and
Grantee at no cost to the City. Pursuant to the provisions of Section 16, Grantee
agrees to protect and save harmless the City from any customer or third-party
claims for service interruption or other losses in connection with any such change,
relocation, abandonment, or vacation of the Public Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City (a “Third Party”), that
party shall pay the Grantee the actual costs thereof. Any contractor doing work
pursuant to contract with the City shall not be considered a Third Party for purposes
of this section.
C. Any condition or requirement imposed by the City upon any Third
Party (including, but not limited to, any condition or requirement imposed pursuant
to any contract or in conjunction with approvals or permits obtained pursuant to
any zoning, land use, construction or other development regulation) which requires
the relocation of Grantee’s Facilities within the Rights-of-Way shall be a condition
or requirement causing relocation of Grantee’s Facilities to occur subject to the
provisions of Subsection B above; provided, however in the event the City
reasonably determines and notifies Grantee that the primary purpose of imposing
such condition or requirement upon such Third party is to cause or facilitate the
construction of a Public Works Project to be undertaken within a segment of the
Right-of-Ways on the City’s behalf and consistent with the City’s Capital Facility
Plan or Transportation Improvement Program, then Grantee shall relocate its
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Facilities within such segment of the Rights-of-Way in accordance with this
Agreement.
D. As to any relocation of Grantee’s Facilities whereby the cost and
expense thereof is to be borne by Grantee in accordance with this Section 11,
Grantee may, after receipt of written notice requesting such relocation, submit in
writing to the City alternatives to relocation of its Facilities. Upon the City’s receipt
from Grantee of such written alternatives, the City shall evaluate such alternatives
and shall advise Grantee in writing if one or more of such alternatives are suitable
to accommodate the work which would otherwise necessitate relocation of
Grantee’s Facilities. In evaluating such alternatives, the City shall give each
alternative proposed by Grantee full and fair consideration with due regard to all
facts and circumstances which bear upon the practicality of relocation and
alternatives to relocation. In the event the City determines that such alternatives
are not appropriate, Grantee shall relocate its Facilities as otherwise provided in
this Agreement.
E. Nothing in this Section 11 shall require Grantee to bear any cost or
expense in connection with the relocation of any facilities under benefit of
easement independent of this Agreement or other rights not arising under this
Agreement, nor shall anything in this Section 11 require the City to bear any such
cost or expense. Nothing in this Section 11 shall be construed to be a waiver of
any right of either Grantee or the City to contest any claim or assertion by the other
of responsibility to pay such cost or expense.
F. Subject to ACC 20.10.160, in the event of an emergency posing a
threat to public safety or welfare requires the relocation of Grantee’s Facilities
within the Rights-of-Way, the City shall give Grantee notice of the emergency as
soon as reasonably practicable. Upon receipt of such notice from the City (and
subject to the issuance of any necessary order(s) of the Federal Energy Regulatory
Commission), Grantee shall endeavor to respond as soon as reasonably
practicable to relocate the affected Facilities.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall
(subject to any necessary approval(s) and/or order(s) to be provided by FERC
concerning abandonment), at the City’s discretion, either abandon in place or
remove the affected facilities. Abandonment or removal shall be at the sole cost
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and expense of Grantee. Any Facilities left in place shall be made inert by
disconnecting and sealing such Facilities, all in compliance with applicable
regulations and industry standards. The City’s consent shall not relieve Grantee
of the obligation and/or costs to subsequently remove or alter such Facilities in the
event the City reasonably determines that such removal or alteration is necessary
or advisable for the health and safety of the public, in which case Grantee shall
perform such work at no cost to the City. The obligations contained in this Section
shall survive the expiration, revocation, or termination of this Agreement.
Section 13. Encroachment Management
Grantee shall manage and inspect encroachments as defined by federal
and applicable state and local laws, rules, regulations and industry standards, as
now enacted or hereinafter amended, and any other future laws or regulations that
are applicable to Grantee, the Facilities, and business operations. Upon
notification to Grantee of planned construction by another within ten (10) feet of
Grantee’s pipeline, Grantee shall flag the precise location of its Facilities before
the construction commences, provide a representative to inspect the construction
when it commences, and periodically inspect thereafter to ensure that Grantee’s
pipeline is not damaged by the construction.
Section 14. Emergency Management, Leaks, Ruptures, and Emergency
Response.
A. Annually, upon the request of the City, Grantee shall meet with the
Valley Regional Fire Authority, the Auburn Police Department, and the City’s
Emergency Management Office to coordinate emergency management operations
and, at least once a year, at the request of the City, Grantee personnel shall
actively participate with the Valley Regional Fire Authority and the City in
emergency preparedness drills or planning sessions.
B. Grantee shall have in place, at all times during the term of this
Agreement, a system for remotely monitoring pressures and flows across the
Right-of-Way.
C. During the term of this Agreement, Grantee shall have a written
emergency response plan and procedure for locating leaks and ruptures and for
shutting down valves as rapidly as possible.
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D. Upon acceptance of this Agreement, Grantee shall provide the City
with a copy of its emergency response plans and procedures, including, but not
limited to, emergency rupture response.
E. Grantee's emergency plans and procedures shall designate
Grantee’s responsible local emergency response officials and a direct twenty four
(24) hour emergency contact number for the control center operator. grantee shall,
after being notified of an emergency, cooperate with the City and make every effort
to respond as soon as possible to protect the public's health, safety and welfare.
F. Grantee shall be solely responsible for all its necessary costs
incurred in responding to any leak, rupture or other release of petroleum products
from Grantee's Facilities, including, but not limited to, detection and removal of any
contaminants from air, earth or water, and all remediation costs.
G. If requested by the City in writing, Grantee shall provide a written
summary concerning any leak or rupture within thirty (30) days of the event,
including, but not limited to, the leak or rupture's date, time, amount, location,
response, remediation and other agencies Grantee has notified.
Section 15. Maintenance, Inspection, and Testing.
Grantee shall remain solely and separately liable for the function, testing,
maintenance, replacement and/or repair of the Facilities or other activities
permitted under this Agreement. Grantee shall operate, maintain, inspect, and test
the Facilities in full compliance with all applicable federal, state, and local laws,
rules, regulations, and industry standards, as now enacted or hereinafter
amended, and any other future laws or regulations that are applicable to Grantee,
the Facilities, and business operations.
Section 16. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the harmless from
any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature
including attorneys’ fees arising out of or in connection with the Grantee’s
performance under this Franchise, except to the extent such costs, claims, injuries,
damages, losses, suits, or liabilities are caused by the sole 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
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maintenance and/or construction work performed by, or on behalf of, the City within
any other City road, Right-of-Way, or other property, except to the extent any such
damage or loss is directly caused by the sole negligence of the City, or its agent
performing such work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City’s failure
or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee shall indemnify the City against any and all third-party costs, claims,
injuries, damages, losses, suits, or liabilities based on the City’s failure or inability
to provide such services.
D. Acceptance or inspection by the City of any work performed by the
Grantee shall not be grounds for avoidance of this section.
It is further specifically and expressly understood that the indemnification
provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of
this Agreement.
E. Grantee shall indemnify, defend and hold the City, its appointed and
elective officials, agents, officers, employees, and volunteers harmless from and
against any and all claims, demands, liability, loss, cost, damage or expense of
any nature whatsoever including all costs and attorney’s fees, made against the
City on account of violation of any environmental laws applicable to the Grantee
Facilities, or from any release of or hazardous substances on or from the Grantee
Facilities. This indemnity includes, but is not limited to: (a) liability for a
governmental agency’s costs of removal or remedial action for hazardous
substances; (b) damages to natural resources caused by hazardous substances,
including the reasonable costs of assessing such damages; (c) liability for any
other person’s costs of responding to hazardous substances; and (d) liability for
any costs of investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any environmental laws.
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Section 17. Insurance
A. The Grantee shall procure and maintain, or cause its contractors to
maintain (in the case of Professional Liability), for the duration of this Franchise,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Grantee, its agents, representatives, or employees in the amounts and types set
forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $2,000,000.00 (two million dollars) 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 $100,000,000.00 (one hundred million dollars) each occurrence,
$100,000,000.00 (one hundred million dollars) general aggregate and a
$100,000,000.00 (one hundred million dollars) 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 under an insured contract. There shall be
no endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse, or underground property damage. To the
extent of the liabilities assumed by Grantee, 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
Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional engineers or surveyors contracted by
Grantee to perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
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B. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability (if applicable),
and Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary insurance
as respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Grantee’s insurance and shall not
contribute with it.
2. To the extent of the liabilities assumed by Grantee, the
Grantee’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party except after thirty (30) days’ prior written notice by
certified mail, return 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 furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements specified
herein before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
Furthermore, Grantee may utilize a combination of primary and excess insurance
policies to satisfy the requirements specified herein.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
G. Pollution Legal Liability, to be in effect throughout the term of this
Franchise, with a limit not less than $50,000,000 per occurrence and in the
aggregate to the extent such coverage is reasonably available in the marketplace.
If the Pollution Legal Liability coverage is purchased on a “claims made” basis,
then the Grantee warrants continuation of coverage, either through policy renewals
or the purchase of an extended discovery period, if such extended coverage is
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available, for not less than three (3) years from the date of termination of this
Franchise and/or conversion from a “claims made” form to an “occurrence”
coverage form.
H. Any deductibles shall be the sole responsibility of the Grantee. The
insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the aggregate limits of the insurer’s liability.
I. The indemnity and insurance provisions herein under Sections 16
and 17 shall survive the termination of this Franchise and shall continue for as long
as the Grantee’s Facilities shall remain in or on the Franchise Area or until the
parties execute a new Franchise agreement that modifies or terminates these
indemnity or insurance provisions.
Section 18. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or which shall annually automatically
renew over, the term of this Franchise, in a form and substance acceptable to the
City. In the event Grantee shall fail to substantially comply with any one or more
of the provisions of this Franchise, then there shall be recovered jointly and
severally from the principal and any surety of such financial guarantee any
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties,
and the cost of removal or abandonment of facilities hereinabove described.
Grantee specifically agrees that its failure to comply with the terms of Section 22
(Enforcement & Remedies) shall constitute damage to the City in the monetary
amount set forth therein. Such a financial guarantee shall not be construed to limit
the Grantee’s liability to the guarantee amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 19. Relationship of the Parties
A. Nothing in this Agreement shall be construed to create or confer any
right or remedy upon any person(s) other than the City and Grantee. No action
may be commenced or prosecuted against any Party by any Third Party claiming
as a Third Party beneficiary of this Agreement. This Agreement shall not release
or discharge any obligation or liability of any Third Party to either Party.
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B. Nothing contained in this Agreement shall be construed to create an
association, trust, partnership, agency relationship, or joint venture or to impose a
trust, partnership, or agency duty, obligation or liability on or with regard to any
party. Each party shall be individually and severally liable for its own duties,
obligations, and liabilities under this Agreement.
C. Grantee accepts any privileges granted by the City in an "as is"
condition. Grantee agrees that the City has never made any representations,
implied or express warranties or guarantees as to the suitability, security or safety
of Grantee's location of facilities or the facilities themselves in public property or
rights of way or possible hazards or dangers arising from other uses of the public
rights of way or other public property by the City or the general public. Grantee
shall remain solely and separately liable for the function, testing, maintenance,
replacement and repair of the pipeline or other activities permitted under this
Agreement.
D. Except as specifically provided herein, this Agreement shall not
create any duty of the City or any of its officials, employees or agents and no
liability shall arise from any action or failure to act by the City or any of its officials,
employees or agents in the exercise of powers reserved to the City. Further, this
Agreement is not intended to acknowledge, create, imply or expand any duty or
liability of the City with respect to any function in the exercise of its police power or
for any other purpose. Any duty that may be deemed to be created in the City shall
be deemed a duty to the general public and not to any specific party, group or
entity.
Section 20. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
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conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
Section 21. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
then the City and the Grantee hereby agree that the matter shall be referred to
mediation. The City and the Grantee shall mutually agree upon a mediator to
assist them in resolving their differences, and any expense incidental to mediation
shall be borne equally by the parties.
C. If either the City or the Grantee are dissatisfied with the outcome of
the mediation, that party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be exclusively in King County, Washington. The
prevailing party in any such action shall be entitled to its attorneys’ fees and costs
of suit, which shall be fixed by the judge hearing the case, and such fees shall be
included in the judgment.
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D. Subject to state and federal regulation, the Grantee shall be
permitted to continuously operate its Facilities during dispute resolution.
Section 22. Enforcement and Remedies
A. If the Grantee shall willfully violate, or materially breaches any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the breach cannot be
cured within thirty days, the Parties shall agree upon a reasonable period of time
for cure, 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
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not comply
with the specified conditions, the City may, at its discretion, either (1) revoke the
Franchise with no further notification, or (2) claim damages as provided in ACC
20.10.340per day against the financial guarantee set forth in Section 18 for every
day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the City
shall initiate dispute resolution as set forth in Section 21, above. Should Grantee
fail to participate in dispute resolution in accordance with Section 21, above, or
should Grantee fail to comply with any order by a court addressing the dispute, the
City reserves the right to cancel this Franchise upon thirty days (30) written notice
to Grantee and require the Grantee to apply for, obtain, and comply with all
applicable City permits, franchises, or other City permissions for such actions, and
if the Grantee’s actions are not allowed under applicable federal and state or City
laws, to compel Grantee to cease such actions.
Section 23. Compliance with Laws and Regulations
A. In carrying out any authorized activities under the privileges granted
herein, Grantee shall meet accepted industry standards and comply with all
applicable laws, rules, and regulations, of any governmental entity with jurisdiction
over the pipeline and its operation (specifically including, but not limited to, all
applicable requirements, rules, regulations, and orders of FERC). This shall
include all applicable laws, rules and regulations existing at the Effective Date of
this Franchise or that may be subsequently enacted by any governmental entity
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with jurisdiction over Grantee or the pipeline(s) and the Facilities. Furthermore,
notwithstanding any other terms of this agreement appearing to the contrary, the
Grantee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general
public in relation to the rights granted in the Franchise Area.
B. Unless pre-empted by or in conflict with the provisions of any Federal or
State statute or regulation, the City reserves the right at any time to amend this
Franchise to conform to any hereafter enacted, amended, or adopted federal or
state statute or regulation relating to the public health, safety, and welfare, or
relating to roadway regulation, or a City Ordinance enacted pursuant to such
federal or state statute or regulation upon providing Grantee with thirty (30) days
written notice of its action setting forth the full text of the amendment and identifying
the statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to the
terms of the amendment within thirty (30) days of the call for negotiations, the City
may enact the proposed amendment, by incorporating the Grantee’s concerns to
the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 24. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax, or
charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and occupancy
of the Franchise Area.
Section 25. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
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February 20, 2018
Page 22 of 27
Section 26. Force Majeure
In the event that either Party is prevented or delayed in the performance of
any of its obligations under this Agreement by reason beyond its reasonable
control (a “Force Majeure Event”), then that Party’s performance shall be excused
during the Force Majeure Event. Force Majeure Events shall include, without
limitation, war; civil disturbance; flood, earthquake or other Act of God; laws,
regulations, rules or orders of any governmental agency; sabotage; strikes or
similar labor disputes involving personnel of a party, its contractors or a Third party;
or any failure or delay in the performance by the other party, or a Third Party who
is not an employee, agent or contractor of the Party claiming a Force Majeure
Event, in connection with this Agreement. Upon removal or termination of the
Force Majeure Event, the Party claiming a Force Majeure Event shall promptly
perform the affected obligations in an orderly and expedited manner under this
Agreement. The Parties shall use all commercially reasonable efforts to eliminate
or minimize any delay caused by a Force Majeure Event. The occurrence of a
Force Majeure Event shall not alter or impair any of the provisions concerning
liability and/or insurance as provided in this Agreement.
Section 27. Severability & Survival
In the event that a court or agency of competent jurisdiction declares a
material provision of this Franchise to be invalid, illegal or unenforceable, the
parties shall negotiate in good faith and agree, to the maximum extent practicable
in light of such determination, to such amendments or modifications as are
appropriate actions so as to give effect to the intentions of the parties as reflected
herein. If severance from this Franchise of the particular provision(s) determined
to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either party may apply to a court of competent jurisdiction to reform or
reconstitute the Franchise so as to recapture the original intent of said particular
provision(s). All other provisions of the Franchise shall remain in effect at all times
during which negotiations or a judicial action remains pending.
All provisions, conditions and requirements of this Franchise that may be
reasonably construed to survive the termination or expiration of this Agreement
shall survive the termination or expiration of the Agreement. The Parties’
respective rights and interests under this Agreement shall inure to the benefit of
their respective successors and assigns.
Page 31 of 132
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 23 of 27
Section 28. Titles
The section titles used herein are for reference only and should not be used
for the purpose of interpreting this Franchise.
Section 29. Implementation.
The parties each represent and warrant that they have full authority to enter
into and to perform this Franchise, that they are not in default or violation of any
permit, license, or similar requirement necessary to carry out the terms hereof, and
that no further approval, permit, license, certification, or action by a governmental
authority is required to execute and perform this Franchise, except such as may
be routinely required and obtained in the ordinary course of business.
Whenever this Franchise sets forth a time for any act to be performed, such
time shall be deemed to be of the essence, and any failure to perform within the
allotted time may be considered a material violation of this Franchise.
Section 30. Entire Agreement
This Franchise, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous agreements between the parties pertaining to GRANTEE's operation of
its pipeline(s) and/or Facilities are hereby superseded.
Section 31. 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 32 of 132
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 24 of 27
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
Page 33 of 132
......
.... • Olympic Pipe Line
Olympic Pipe Line Company, LLC. Franchise Agreement #17-22
KING
COUNTY
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Printed On: 1/18/2018 Map ID: 5962
Information sho wn is for general ref erenc e purposes
onlyanddoesnotn ecessarltyrepresent exact
geographic or cartographic data as mapped. The
CityofAuburnmakesno w arrantyasto itsaccurac y.
Exhibit A
Ordinance No. 6674
Franchise No. 17-22
January 17, 2018
Page 25 of 27
Page 34 of 132
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 26 of 27
Exhibit “B”
Grantee Facilities and Grantee Services
A 14 inch diameter pipeline for the interstate transportation of petroleum
products.
No local service is provided.
Page 35 of 132
------------------------------
Draft Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 27 of 27
EXHIBIT “C”
STATEMENT OF ACCEPTANCE
________________________________, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this
reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 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 36 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the March 5, 2018 regular City Council meeting
Date:
March 14, 2018
Department:
Administration
Attachments:
Minutes
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:March 19, 2018 Item Number:CA.A
Page 37 of 132
City Council Meeting
March 5, 2018 - 7:00 P M
City Hall Council Chambers
MINUT E S
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hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy B ackus called the meeting to order at 7:01 p.m. in the
Council C hambers at Auburn C ity Hall, 25 West Main Street in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: D eputy Mayor Bob B aggett, L arry B rown,
Claude D aCorsi, J ohn Holman, Yolanda Trout-Manuel, and L argo Wales.
Councilmember B ill Peloza was excused.
Mayor Nancy B ackus and the f ollowing department directors and staf f were
in attendance: C ity A ttorney D aniel B . Heid, F inance D irector S helley
Coleman, Director of A dministration D ana Hinman, A ssistant Director of
P ublic Works Randy B ailey, Assistant D irector of Engineering
S ervices/City Engineer I ngrid Gaub, P olice C ommander Mike Hirman,
Utilities E ngineering Manager L isa Tobin, S torm Drainage E ngineer Tim
Carlaw, E conomic Development Manager Doug L ein, Assistant D irector of
Community D evelopment Services J ef f Tate, P arks, A rts and Recreation
Director Daryl Faber, and City Clerk Danielle Daskam.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
There was no announcement, proclamation or presentation.
I I I .AP P O I NT M E NT S
A .W hite River Valley Museum B oard
City Council to confirm the appointment of L eRoy J ones to the W hite River Valley
Museum B oard for a three year term expiring December 31, 2020.
Deputy Mayor B aggett moved and Councilmember Holman seconded to
confirm the appointment of L eRoy J ones to the W hite R iver Valley
Museum B oard for a three year term expiring December 31, 2020.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I V.AG E ND A M O D I F IC AT I O NS
Page 1 of 7Page 38 of 132
There was no change to the agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing on 2018 Stormwater Management
Program P lan (Gaub)
City Council to hold a public hearing to accept comments on the draft 2018
Stormwater Management P rogram Plan.
Mayor Backus opened the hearing at 7:02 p.m. No one in the
audience requested to speak regarding the draf t 2018 S tormwater
Management P rogram Plan, and the hearing was closed.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
B etty Grone, 2516 I S treet NE, A uburn
Ms. G rone spoke regarding homelessness and her ef f orts to find
resources and housing for a woman named B obbi.
Demi Broncoso, 6210 Nathan Avenue S E, A uburn
Mr. B roncoso requested an opportunity to meet with the Council within the
next few weeks to discuss the impact of the City's inclusive city resolution.
Darren Baptiste, 1424 58th Way S E, A uburn
Darren B aptiste, member of Park 432 Webelo Den, and supported by his
fellow C ub Scouts, urged the City C ouncil to investigate the use of
renewable energy, such as wind turbines, solar panels, and water turbines
to power government buildings and to lessen Auburn's impact on the
environment.
Mary Miller, 1802 I Street NE #B , Auburn
Ms. Miller spoke regarding litter in the city and encouraged citizens to use
trash bins and pick up after themselves.
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman spoke about seismic and building code enf orcement and
the wall on his adjacent neighbor's property, which he believes is deficient.
Derek Siver, 2 E Main S treet, Auburn
Mr. Siver spoke regarding the fire-damaged Heritage B uilding in downtown
and his hopes that more types of business uses will be included in the
structure that replaces the Heritage Building. He also spoke in favor of
more activities in the downtown area and encouraged the C ity to allow food
trucks in the downtown park. Mr. Siver also reported the street light on the
Page 2 of 7Page 39 of 132
back side of Main Street is not functioning.
C.Correspondence
Mayor B ackus noted the receipt of an email received f rom the Master
B uilders Association in support of Ordinance No. 6672 relating to public
sidewalks.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Councilmember Brown, chair of the F inance ad hoc committee, reported
he and Councilmember Holman reviewed claims vouchers in the
approximate amount of $1.1 million and payroll checks and direct deposits
from F ebruary 15 to F ebruary 28, 2018, in the approximate amount of $2.5
million. Councilmember B rown reported all items were in order.
Councilmember D aCorsi, chair of the Street Projects ad hoc committee,
reported the committee, consisting of D eputy Mayor Baggett,
Councilmember Trout-Manuel and Councilmember DaCorsi, met with the
City E ngineer to review the 2018-2023 Transportation I mprovement Plan.
The committee plans to meet with staff every two weeks.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the February 20, 2018 Regular City Council
Meeting
B .Minutes of the J uly 25, 2016 and August 8, 2016 S tudy
S ession Meetings
C.Claims Vouchers (Coleman)
Claims vouchers 447802 through 447913 in the amount of $421,256.92 and six wire
transfers in the amount of $717,336.70 and dated March 5, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537793 through 537812 in the amount of $517,556.71 and
electronic deposit transmissions in the amount of $1,960,136.46 for a grand total of
$2,477,693.17 for the period covering F ebruary 15, 2018 to February 28, 2018.
Deputy Mayor Baggett moved and Councilmember B rown seconded to
approve the Consent Agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V I I I .UNF INIS HE D B US I NE S S
Page 3 of 7Page 40 of 132
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .O RD INANC E S
A .Ordinance No. 6670 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, authorizing the
renewal and amendment of Ordinance No. 6452 for Zayo Group, L L C, F ranchise
A greement No. 12-41 for a telecommunications system
Councilmember Holman moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6670.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Ordinance No. 6672 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, amending Chapter
12.12 of the City Code relating to public sidewalks
Councilmember DaCorsi moved and Councilmember Holman seconded to
adopt Ordinance No. 6672.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Ordinance No. 6675 (Tate)
A n Ordinance of the City Council of the City of A uburn, Washington, approving the
City-initiated Rezoning of four parcels totaling approximately 1.34 acres located east of
C S t. NW, between W Main Street and 3rd Street NW from D UC, Downtown Urban
Center to M1, L ight I ndustrial, and the City-initiated Rezoning of an approximately 0.98-
acre parcel on the south side of S E 310th S treet, west of 124th Ave. S E from R-20,
Residential Zone 20 units to the acre, to I , I nstitutional to implement
the Comprehensive Plan and amending the City's Z oning Maps
Councilmember Holman moved and Councilmember B rown seconded to
adopt Ordinance No. 6675.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
D.Ordinance No. 6679 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
S ections 3.10.020, 3.10.025, 3.10.026, 3.12.020, 3.12.030, 3.12.060, 3.12.070 and
3.12.080 of the City Code and creating a new Section 3.10.060 of the City Code
relating to Public Contracting
Deputy Mayor B aggett moved and Councilmember D aCorsi seconded to
adopt Ordinance No. 6679.
Councilmember Wales requested clarification of S ection 2 of the
ordinance relating to A uburn City C ode S ection 3.10.025 and the inclusion
Page 4 of 7Page 41 of 132
of art among the description of prof essional and personal service
contracts. A ssistant D irector of E ngineering Services Gaub explained the
professional and personal services contracts are not specific to public
works but apply across the board for the city.
Councilmember Wales stated she is not opposed to increasing the
contract threshold from $25,000.00 to $50,000.00 f or public works
projects, but is concerned with increasing the threshold for other service
contracts. S he spoke in f avor of retaining the authority f or approving such
contracts with the City Council.
City A ttorney Heid explained the ordinance does not change the type of
professional and personal contracts, but only changes the contract
threshold level from $25,000.00 to $50,000.00.
Councilmember Holman noted the ordinance does not authorize
expenditure that is not already approved by the Council and included in the
budget.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .RE S O L UT IO NS
A .Resolution No. 5346 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting a public
hearing to consider a franchise agreement with Olympic Pipe L ine Company, L L C
Deputy Mayor B aggett moved and Councilmember Holman seconded to
adopt Resolution No. 5346.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5349 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an I nteragency Agreement between the City of A uburn and the
A uburn S chool District relating to a project on S outh 316th Avenue between 56th
Avenue South and W Street Northwest
Councilmember Wales moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5349.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5350 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, approving the
L odging Tax Grant disbursements recommended by the A uburn L odging Tax Advisory
Committee
Councilmember B rown moved and Councilmember DaC orsi seconded to
adopt Resolution No. 5350.
Page 5 of 7Page 42 of 132
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
D.Resolution No. 5351 (Faber)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
acceptance of a grant from King County and authorizing the Mayor and City Clerk to
execute the necessary contracts to accept said funds
Councilmember B rown moved and Deputy Mayor Baggett seconded to
adopt Resolution No. 5351.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
E .Resolution No. 5352 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, amending Section
B , E ngineering and Public Works F ees, of the current City of Auburn Master Fee
S chedule, adding a new Subsection 15 - Mitigation and I mpact F ees for Exempt Wells
Councilmember DaCorsi moved and Councilmember Holman seconded to
adopt Resolution No. 5352.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor B aggett reported on his attendance at the training for
managers and owners of multi-family housing to learn about community
improvement and crime prevention strategies. The training was provided
by A uburn P olice and Code E nforcement staf f . Deputy Mayor B aggett
also reported on his attendance at the P ierce County C ities and Towns
A ssociation meeting. T he P ierce County Cities and Towns Association is
an advisory association for P ierce County Council.
Councilmember D aCorsi reported on his attendance at the King County
Regional Transit Committee meeting where discussion included such
topics as transit fares, parking, and the Metro Connect program.
Councilmember Trout-Manuel reported on her attendance at the K ing
County Domestic Violence Prevention Committee meeting.
B .From the M ayor
Mayor B ackus reported she delivered the S tate of the City Address at the
A uburn Avenue T heater on F ebruary 27th and thanked everyone who
attended. Mayor Backus thanked staff members J ason J ones, K alyn
B rady, S arah St. George, J im Kleinbeck, Tamie Bothell, Antoinette
Manthey, and D ana Hinman f or their efforts and expertise in preparing the
Page 6 of 7Page 43 of 132
program.
Mayor B ackus also reported on her attendance at O ne Table, a task force
to end homelessness and headed by Seattle Mayor Durkan, K ing County
E xecutive Constantine, and Mayor Backus, a retirement celebration for City
employee L inda B all who retired after 33 years of service, the Valley
Regional F ire Authority awards and recognition banquet, the Terry Home
benefit auction, and the Christ Community Free Clinic fundraiser. Mayor
B ackus announced two upcoming events: the Regional Gang and Gun
Violence Task Force meeting at Kent City Hall on March 7th and the Annual
E conomic F orecasting Conference on March 8th.
X I I I .E X E C UT IV E S E S S I O N
A t 7:54 p.m., Mayor Backus recessed the meeting to executive session for
approximately 20 minutes in order to discuss pending and potential
litigation pursuant to R C W 42.30.110(1)(i). City Attorney Heid and
A ssistant Director of Engineering S ervices/C ity Engineer Gaub attended
the executive session.
Mayor Backus reconvened the meeting 8:15 p.m.
1.Executive Session
A t 7:54 p.m., Mayor Backus recessed the meeting to executive session for
approximately 20 minutes in order to discuss pending and potential
litigation pursuant to R C W 42.30.110(1)(i). No action was anticipated
following the executive session. City A ttorney Heid and Assistant Director
of Engineering Services/C ity E ngineer Gaub attended the executive
session.
Mayor Backus reconvened the meeting at 8:15 p.m.
X I V.AD J O URNM E NT
There being no further business, the meeting adjourned at 8:15 p.m.
A P P R O V E D this 19th day of March, 2018.
________________________ ____________________________
NA NC Y B A C K US , MAYO R Danielle Daskam, City Clerk
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 7 of 7Page 44 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 8, 2018 City Council Study Session
Date:
March 6, 2018
Department:
Administration
Attachments:
Minutes of the January 8, 2018 Council Study
Session
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:March 19, 2018 Item Number:CA.B
Page 45 of 132
City Council Study Session Muni
Services SFA
January 8, 2018 - 5:30 PM
Council Chambers - City Hall MINUTES
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I.CALL TO ORDER
Deputy Mayor Bob Baggett called the meeting to order at 5:30 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street in Auburn.
A.Roll Call
Councilmembers present: Deputy Mayor Baggett, Larry Brown, Claude
DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel, and Largo
Wales.
Mayor Nancy Backus and the following department directors and staff
members were present: Parks, Arts and Recreation Director Daryl Faber,
Economic Development Manager Doug Lein, Community Development
and Public Works Director Kevin Snyder, Cemetery Supervisor Craig
Hudson, Assistant City Engineer Jacob Sweeting, Human Services
Program Coordinator Duanna Richards, City Attorney Daniel B. Heid,
Planning Services Manager Jeff Dixon, Planner Alexandria Teague, Chief
of Police Bob Lee, Assistant Chief of Police Bill Pierson, Traffic Engineer
James Webb, Director of Administration Dana Hinman, Innovation and
Technology Director Paul Haugan, and City Clerk Danielle Daskam.
II.ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
Review of Design Standards was moved from Municipal Services discussion
item to items for Council discussion, Item III.C. The agenda bill for the Design
Standards Update was distributed prior to the meeting.
III.AGENDA ITEMS FOR COUNCIL DISCUSSION
A.Selection of Chairs for Special Focus Areas and Ad Hoc Committees
The following were designated as chair and vice chair of the Special
Focus Areas:
Municipal Services Special Focus Area:
Larry Brown, Chair
Bill Peloza, Vice Chair
Page 1 of 12Page 46 of 132
Health and Human S ervices S pecial F ocus Area:
Yolanda Trout-Manuel, Chair
L argo Wales, Vice Chair
Finance and Economic Development Special Focus A rea:
J ohn Holman, Chair
L arry B rown, Vice Chair
P ublic Works and Community Development S pecial F ocus Area:
Claude DaCorsi, Chair
B ob Baggett, Vice Chair
Finance A d hoc Committee
L arry B rown, Chair
J ohn Holman, Vice Chair
B .Resolution No. 5341 - Presentation of the Formatted and Edited Adopted 2015
Comprehensive P lan (Snyder) (15 Minutes)
P resentation of the professionally edited and formatted hard copy of the 2015
Comprehensive P lan. Staff will also display the companion eReader version of the
plan.
P lanning S ervices Manager Dixon and P lanner Alexandria Teague
presented the formatted and edited 2015 Comprehensive Plan. I t was
adopted by Ordinance No. 6584 on December 7, 2015. T he Growth
Management A ct requires that the City complete a comprehensive review
of its Comprehensive P lan every eight years. T he C omprehensive P lan is
the leading policy document that guides the C ity's evolution and growth
over a 20-year period. The Comprehensive Plan identifies the desired
type, conf iguration, and intensity of land uses throughout the city, as well as
the character and capacity of public facilities and services such as streets
and utilities. T he Comprehensive P lan also serves as the basis for the
City's adoption of development standards and regulations, such as zoning,
subdivision, and critical area regulations.
Ordinance No. 6584 recognized staffs’ intention to provide final
professional formatting and editing of the document. T his final formatting
and editing involved technical corrections not resulting in any substantive
changes.
I n early 2016, staff began searching for a prof essional editor to review the
adopted plan and make recommendations for improving the documents
readability, grammar, and voice.
I n mid 2016, staf f selected an editor that had experience in technical and
policy writing. The chosen editor also had experience in document
formatting. Staff intended to reformat the document after editing was
complete, theref ore, the selection of an editor that had both skills was
ideal.
Page 2 of 12Page 47 of 132
The editing process took approximately six months and included
numerous exchanges between staf f and the consultant. T he formatting
process also took approximately six months and included evaluating
hundreds of options related to color choices, fonts, and layout options.
The purpose of formatting and finalizing the plan was to feature an easier-
to-use and more accessible format than previously adopted Plans.
B ecause of this, the Plan now looks quite different than the copy of the
P lan approved by Council.
Manager Dixon reviewed the notable changes to the Comprehensive Plan:
Comprehensive P lan Map. (Map No. 1.1,f ollowing Page L U-25) was
formatted and revised to increase clarity by updating the map background,
colors and symbols of the L and Use types. A lso, the Map required
conversion to a different electronic format to be supportable.
S pecial P lanning Areas Maps. The “L and Use E lement” of the
Comprehensive Plan included placeholders for the different types of
special plan areas: these include D istricts, Designated areas (I dentified
areas, Designated A reas, and A reas of Concern) Adopted Areas,
I mpression Corridors, and Gateways. T he purpose and f unction of these
areas are described in detail on Pages L U-18 through L U-25 of the L and
Use E lement. These maps were added and feature consistent design,
use of colors, The Special P lanning Areas Maps are as follows:
Map 1.2 – Districts Map
Map 1.3 – D esignated A reas Map (identified areas, designated areas, &
areas of concern)
Map 1.4 – Adopted Areas Map
Map 1.5 – I mpression Corridors Map
Map 1.6 – Gateways Map
L and Use Element Special Planning A rea Text. A reas of C oncern. “A reas
of C oncern” are one of the seven (7) types of “S pecial P lanning Areas”
found within the “L and Use E lement” (Page L U-20). T his type of subarea
was added to the L and Use E lement f ollowing adoption to specif y that a
few areas of the City warrant a close assessment as they represent areas
that are under-served by inf rastructure and services (e.g. water, urban
roads, etc.) to support an increase in density or other development. This
continues information from the preceding plan document.
S ubarea P lan P olicies. T he Subarea Plan Policies (starting at Page L U-
20) was re-organized to incorporate the Appendix A of the L and Use
E lement. I n particular, the introductory policy statements and the
corresponding Ordinance or Resolution related to each Adopted Area was
highlighted and the discussion of each A dopted A rea consolidated to
include only the introductory policy statements and the corresponding
Ordinance or R esolution. By re-organizing and consolidating the Subarea
Page 3 of 12Page 48 of 132
P lan Policies section of the L and Use E lement, potential confusion of
having subarea plan policies in multiple areas is minimized.
Manager Dixon also displayed a flip-book version of the Comprehensive
P lan that will be available on the City's web site.
Manager Dixon stated staff will be asking the Council to adopt Resolution
No. 5341 ratifying the editing and formatting changes. S taff does not
believe that the editing and formatting modifications materially change
policies and priorities that were adopted under Ordinance No. 6584. B ut
because there are a variety of technical corrections it is important for both
the Planning C ommission and C ity Council to take action to approve the
changes.
The changes to the document were presented and explained to the
P lanning Commission at their regular meeting on S eptember 19, 2017.
The Planning Commission was satisfied and had no concerns.
The plan document does not include the changes from the annual
Comprehensive P lan amendments adopted by Ordinance No. 6667 on
December 18, 2017. A future supplement will be provided with these
revisions.
Councilmember DaC orsi noted on pages 19-20 of the agenda packet
(pages C 1-2 and C1-3 of the Comprehensive P lan Core P lan, I tem 11,)
there is a comment regarding the perception the City could be safer.
Councilmember DaCorsi suggested removing or replacing the word
"perception" with verbiage that the City improves safety in the community
or continuously looks to improve safety in the community. Manager Dixon
proposed to docket the change for future amendment.
Councilmember Holman asked how Vision 2050 will affect the City's
Comprehensive Plan. Manager Dixon stated any necessary amendments
will be included in annual amendments to the P lan.
Councilmember DaCorsi noted on page 29 of the agenda packet (page
C2-6 of the P lan document) projects a capacity of approximately 14,597
housing units in the K ing C ounty portion of the city through 2031. He
questioned the statement when compared to Table 8 on page C 2-9 of the
P lan document. Manager D ixon stated he would investigate the source of
Table 8 for comparison.
C.Design S tandards Update (Snyder) (10 Minutes)
A ssistant C ity E ngineer J acob S weeting and Traf f ic E ngineer J ames
Webb presented the 2018 Design Standards update using a P owerPoint
presentation.
A ssistant City Engineer S weeting explained updates to the Engineering
Design S tandards are scheduled to be published in early 2018. P er City
Page 4 of 12Page 49 of 132
Code S ection 12.04.010, the City E ngineer will consult with City Council
regarding changes to design standards that are “policy issues or [have]
broad citywide implications.” Some of the changes to requirements
associated with the f ollowing standards will be discussed: Development
P lan R equirements (Phasing P lans, C A D f iles) and Transportation
Requirements (L ateral Separation/Clear Z one, Trigger of A D A Upgrades,
S treet Trees in Grates)
Development Plan Requirements:
P hasing plans for larger, more complex projects, in order to start realizing
benefit of the project prior to full project completion. T his will minimize
impacts to existing business operations. C urrently, phasing is considered
on a case by case basis, and there is no f ormal guidance. Current
standards do not address phasing.
P roposed S tandard: P hased projects must complete all public
improvements prior to occupancy and are required to submit plans
showing what improvements are proposed f or each phase and a narrative
explaining the approach.
I n response to a question from C ouncilmember Wales, Assistant City
E ngineer Sweeting explained that all public improvements must be built
out; if not, the developer is required to provide the C ity with a bond to
ensure completion of the public improvements.
A ssistant City Engineer S weeting spoke regarding the data plan
requirements. T he City will be implementing a C A D (computer aided
drafting) standard that will allow the C ity to move from the electronic C A D
drawings, to the plans, updated as-built drawings, and updated C A D files
that can be imported in to the City's G I S system. The new data plan
requirements will increase efficiency.
Transportation Requirements:
Traffic Engineer Webb spoke regarding the clear zone and lateral offset
standards.
A clear zone is the unobstructed area that allows a vehicle to regain control
and return to the travel way without crashing into a f ixed object. Clear
zones are typically used on rural highways, freeways and interstates, and
are based on speed, traffic volumes, slopes and curvature. A clear zone
can be greater than 50 feet on freeways.
L ateral offset is the minimum distance between the travel way and a fixed
roadside object to allow normal traf f ic operations. L ateral offset is used in
an urban environment where limited by right-of -way and built environment.
There is a two f oot minimum, and up to six f eet is preferred.
A pproximately 80% of vehicle collisions with roadside objects are within
four feet of curb, while 90% of vehicle collisions with roadside objects are
within six feet of the curb.
Page 5 of 12Page 50 of 132
Current Design S tandards allow utility poles and fixed objects a minimum
of two feet from face of curb (consistent with horizontal clearance
requirement). W here no curb exists, offset is based on A A S HTO Manual
(10 to 20 feet).
P roposed Design S tandards (Urban E nvironment):
Fixed objects will be a minimum four feet from the face of curb (six feet on
the outside of curves). Utility poles, shall be a minimum of six feet from
edge of travel way where curb exists.
P roposed Design S tandards (Non-Urban Environment):
W here urban environment conditions don’t apply, A A S HTO Clear Z one
will be used.
E ngineer Webb stated the new standards should not have any effect on
the lot sizes or buildable land.
A ssistant City E ngineer Sweeting a new policy is needed to determine
when adjacent curb ramp upgrades are required for utility work.
P roposed Design S tandard:
W here trenching and surface restoration is equal to or greater than half of
the crosswalk it crosses, then the curbs at each of the crosswalk’s ends
must be upgraded with A D A compliant ramps.
Currently all arterial and collector roadways currently require street trees in
tree grates. A ccording to city code, the adjacent property owner is
responsible for maintaining the trees. T he City maintains the tree grate.
A lso, the city code requires frontage landscaping along commercial
development. S treet trees create potential for damage to public sidewalk
in the long term and concerns for clear zone/f ixed object concerns on
higher speed roadways as trees mature.
P roposed Design S tandard:
Remove the requirement f or street trees in grates f rom arterial/collector
roadways in commercial and industrial zoned areas except in the D UC
Zone.
Councilmember P eloza requested a map of arterial and collector streets
inside and outside the D UC Zone.
I V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
Councilmember P eloza presided over the Municipal Services Special Focus
A rea items.
A .A irport Advisory B oard 2018 Annual Work P lan (Snyder) (15 Minutes)
Mr. J ohn T heisen, C hair of the A irport A dvisory Board, presented the
A irport A dvisory Board's 2018 Annual Work Plan for Council review and
discussion.
Page 6 of 12Page 51 of 132
L ast year the Board completed its first strategic plan, which calls for an
annual work plan.
The work plan includes:
1. Roll out of the J et-A -Fuel Program
2. Continued progression of the design and construction phases of the
Runway E nhancement P roject.
3. Work with the P lanning Commission and City Council on examination
and possible implementation of land use strategies for the A irport and
surrounding properties to support and enhance airport related safety and
the A irport's economic development contribution to the community.
4. E valuating potential actions and financing strategies resulting from the
findings of the Facilities Condition Assessment report
5. Work on a strategic action plan for the implementation of
recommendations of the Competitive Market A ssessment and L ong-term
Rate S tudy (scheduled for completion in fall 2018).
6. Develop marketing and development strategies for the two current
approved on-airport development sites.
I n response to a question f rom Councilmember B rown, Director S nyder
stated the airport has an FA A approved Master P lan, which includes a
section relating to development. A ll development at the airport must be
consistent with the Master P lan.
Councilmember Wales suggested adding the A irport Facilities
A ssessment Report and Capital Needs R eport for a f uture Municipal
S ervices Special F ocus Area. Director S nyder stated it is the intent to
review the F acilities A ssessment Report with the A irport A dvisory Board
and the C ity Council. I t is hoped that the F acilities Assessment Report will
be wrapped up by the end of the month.
B .Ordinance No. 6663 - Change in A irport B oard Composition (S nyder) (10 Minutes)
Director S nyder reminded that all of the items on the agenda relating to the
airport come f rom the Strategic B usiness Plan. One of the action items
included the periodic review of the composition of the A irport Advisory
B oard membership. T he current membership of the B oard is five
members. T he B oard has experienced times when a quorum of the Board
was not available.
Mr. J ohn Theisen, Chair of the Airport A dvisory B oard, stated the current
A irport A dvisory B oard has positive energy and focus and a positive
working atmosphere. T he Board is supportive of Ordinance No. 6663 to
increase the Board membership from f ive members to seven members to
reduce potential quorum issues and increase opportunities for additional
member experiences and backgrounds to enhance the B oard's work
efforts.
Page 7 of 12Page 52 of 132
C.P resentation – Airport Users Survey (Snyder) (15 Minutes)
I n early December 2017, the City's contracted airport operations company,
Aviation Management Group, conducted a survey of airport users.
J amelle Garcia, principal of Aviation Management Group, presented the
results of the airport users survey. A survey consisting of questions with 0
to 5 ratings with a rating of 5 being very satisfied were distributed to 457
airport users. Aviation Management Group received 138 responses to the
survey.
Mr. Garcia reviewed the survey questions and the compiled responses:
1. W hat was the primary reason for choosing Auburn A irport as your
home base?
75.9% chose location
2. W hat category of tenant describes you?
61.2% City Hangar Tenant and 25.0% Condo Owner Tenant
3. How far do you live from the airport?
47.1% live 6-10 miles from the airport and 36.4% live 15+ miles from
the airport
4. How do you rate your overall satisfaction with the airport?
53.8% satisfied and 29.1% very satisfied
5. Rate your satisfaction with the appearance of the airport.
54.7% satisfied 26.5% very satisfied
6. How frequently do you visit the airport per month?
5 or more times 35.0%; 3-4 times 33.3% and 1-2 times 36.7%
7. How frequently do you purchase fuel at the airport per month?
1-2 times 49.6%; 3-4 times 23.1%, 5 or more times 8.6% and none
18.8%
8. I ndicate your satisfaction with airport staff.
55.0% very satisfied; 30.0% satisfied; and 13.3% neutral
9. Would you recommend the airport to a friend?
96.7% answered in the affirmative
Director Snyder stated the results of the survey will be incorporated in the
Competitive Market A ssessment and L ong Term Rate S tudy P roject.
D.Cemetery Update (Faber) (10 Minutes)
Cemetery Update
P arks, A rts and Recreation Director Daryl Faber and Cemetery Supervisor
Page 8 of 12Page 53 of 132
Craig Hudson presented an update on the Mountain View Cemetery using
a PowerP oint presentation.
S upervisor Hudson reviewed the cemetery grounds including a new water
feature near the entrance and cemetery of f ice, the Centennial
Columbarium, Forest Walk urn garden, the children's area, the veterans
memorial area, Memory Heights, and Chapel of Memories.
Director F aber and S upervisor Hudson pointed out f uture expansion areas
that were purchased in the recent past. T he expansion areas are five
acres each. One acre can accommodate up to 1,200 traditional burial
sites.
S upervisor Hudson reported last year, the cemetery performed 264
placements, both traditional burials including urns. The cemetery consists
of approximately 55 percent traditional burials and 45 percent cremations.
Director Faber pointed out that revenues f or the past several years have
exceeded expenses and provides an increase every year in working
capital. T he cemetery is operated as an enterprise fund, and there is no
General Fund contribution. T he Endowed Care F und will likely reach $1.8
million by the end of the year.
Future project needs include an overlay or sealcoat for the internal asphalt
road system. T he cost of the project is estimated at $300,000.00 and will
be completed in phases.
A nother project is an open air mausoleum building. T he existing
mausoleum has been sold out f or over ten years. The proposed new
mausoleum building will include 96 crypts, and the estimated cost is
$350,000.00.
Director F aber and S upervisor Hudson complimented the staff at the
cemetery.
E .Multimedia and Communications Year in Review (Hinman) (10 Minutes)
Chair Peloza recessed the meeting f or a brief six-minute intermission at 7:06
p.m. T he meeting was reconvened at 7:12 p.m.
Director of Administration D ana Hinman provided an overview of the 2017
Multimedia and Communications operations.
Director Hinman stated the department provides video services, graphic
design services, web design/management, communications and public
relations, mail and print services. Director Hinman reviewed the
multimedia work requests throughout the year and outreach through the
City's web site and social media.
S taff members are in the midst of a web site redesign and will update the
Page 9 of 12Page 54 of 132
Council on the project at a later date.
F.S ister Cities Update (Hinman) (10 Minutes)
E conomic Development Manager D oug L ein and Community Programs
Coordinator and Sister City L iaison D uanna R ichards provided an update
on the Sister Cities program using a PowerP oint presentation.
Coordinator Richards reported the City of Auburn has four sister city
relationships in f our different countries: Tamba, J apan, P yeongChang,
S outh K orea; and two friendship cities in Guanghan and Yuhang, China,
and Mola di B ari, I taly.
The main impetus for a sister city relationship is due to the youth
ambassador programs through the schools. The schools offer a summer
youth ambassador program f or grades 8-11. Up to ten students are
selected each year. The youth ambassador program is primarily with
Tamba, J apan, but youth ambassadors are now being recruited for the
other sister cities. T here is also a year long youth ambassador program
for those students who have already participated in the summer youth
ambassador program.
Coordinator R ichards reviewed the exchanges that occurred in 2017:
S outh K orean middle school students visited Auburn; Auburn delegation
visited Guanghan and Yuhang, China; three groups of Yuhang, China
middle school students visited Auburn; Tamba Youth A mbassadors visited
A uburn/K ent; Tamba, J apan delegation visited Auburn and K ent; and
Green R iver College students f rom G uanghan, China visited Auburn City
Hall.
E conomic Development Manager L ein spoke regarding a business
development delegation to S outh K orea led by the L ieutenant Governor.
The City of A uburn was invited to attend along with four A uburn businesses
for a meeting in PyeongChang, South K orea.
E conomic Development Manager also spoke about a visit f rom Tamba,
J apan, business leaders and city of f icials in 2017, where the business
leaders from J apan made several business connections.
Coordinator Richards reviewed the 2018 programs: South K orean middle
school students will visit Auburn; A uburn delegation will go to
P yeongChang, S outh Korea f or the W inter Olympics O pening Ceremony;
three to f our groups of middle school students from Yuhang, C hina will visit
A uburn; the new Mayor of Tamba, J apan and youth ambassadors will visit
A uburn and K ent; and A uburn will be hosting visitors from J apan as part of
28th annual J apan-America Grassroots Summit hosted by Seattle.
Councilmember Trout-Manuel expressed concern with the cost of the trip
to P yeongChang, S outh Korea and the W inter Olympics. Economic
Development Manager L ein stated the C ity of A uburn has been invited to
Page 10 of 12Page 55 of 132
the W inter Olympics as one of P yeongChang's f our sister cities around
the world and the only sister city from the United S tates.
G.Dangerous Dog Ordinance (Heid/L ee) (10 Minutes)
City Attorney Heid presented an update on the Dangerous Dog
Ordinance. C ity Attorney Heid stated staff is working on an update to the
ordinance that will create clarity and provide consistency and uniformity in
the city code, particularly the appeal process.
There are several substantive changes proposed, but they need to be
further vetted and reviewed for practical and legal considerations, not yet
completed.
Councilmember Wales suggested an additional def inition for what
constitutes a "serious injury." S he also suggested that any owner whose
dog bites another dog or human be required to provide proof of rabies
vaccination.
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Deputy Mayor Baggett presided over the remainder of the meeting.
Deputy Mayor B aggett requested that any items on the Matrix with a "T B D"
timeline be updated to include a meeting date.
Councilmember Peloza requested the Auburn Avenue T heater discussion
be moved to March 12th.
Councilmember Wales requested an item on Emergency Planning and the
recent fire at the Heritage Building. Mayor B ackus reported that an update
on the Heritage B uilding fire is scheduled for the next regular Council
meeting.
Councilmember Wales requested addition of the Airport Facilities
A ssessment Report and the A irport Capital Needs R eport to the Matrix
with a date to be determined.
Councilmember P eloza stated the representative from the National
L eague of C ities S ervice L ine P rogram would like to present their program
at a future study session.
V I I I .A D J O UR NME NT
Page 11 of 12Page 56 of 132
There being no further discussion, the meeting adjourned at 8:10 p.m.
A P P R O V E D this _____ day of ________________________, 2018.
______________________________ _______________________
B O B B A G G E T T, D E P UT Y MAYO R Danielle Daskam, City Clerk
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 12 of 12Page 57 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
March 14, 2018
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve Claims Vouchers.
Background Summary:
Claims vouchers 447914 through 448096 in the amount of $4,702,165.01 and four wire
transfers in the amount of $473,999.98 and dated March 19, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:March 19, 2018 Item Number:CA.C
Page 58 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
March 14, 2018
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537813 through 537833 in the amount of $224,194.73 and electronic
deposit transmissions in the amount of $1,933,261.90 for a grand total of $2,157,456.63 for
the period covering March 1, 2018 to March 14, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:March 19, 2018 Item Number:CA.D
Page 59 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6671 (Gaub)
Date:
February 23, 2018
Department:
CD & PW
Attachments:
Ordinance No. 6671
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Ordinance No. 6671.
Background Summary:
The City of Auburn has determined that a 50 foot by 60 foot piece of real estate quit claim
deeded to the City in the vicinity of 1412 3rd Street SE was intended for right-of-way
purposes but was never opened as a street or used as such by the City. The right-was quit
claim deeded to the City on June 14, 1956. City staff and utility providers who have an
interest in this right-of-way have reviewed the proposed right-of-way vacation. Through this
review, City staff has determined that the right of way is no longer necessary to meet the
needs of the City and could be vacated.
A staff presentation was given at the March 12th Study Session discussing Draft Ordinance
No. 6671. A Public Hearing to consider the proposed vacation and hear public comment was
held before the City Council in accordance with Auburn City Code Chapter 12.48.080.
Ordinance No. 6671 if adopted by City Council, approves Vacation No. V1-17 and vacates
the right-of-way.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 19, 2018 Item Number:ORD.A
Page 60 of 132
ORDINANCE NO. 6 6 71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING REAL PROPERTY
INTENDED FOR RIGHT-OF-WAY PURPOSES LOCATED AT
1412 3RD STREET SE, WITHIN THE GITY OF AUBURN,
WASHINGTON
WHEREAS, in 1956, the City of Aubum received,through a quit claim deed, a portion
of property located within the corporate boundaries of the City at 1412 3rd Street SE, which
property was intended to couple up with other adjacent portions of property to provide for
an East-West roadway south of 3rd Street SE and north of the Burlington Northern Railroad
railway between M Street SE and R Street SE, within the City of Auburn; and
WHEREAS, the right-of-way was never developed, necessary adjacent pareels were
never acquired and King County did not segregate the portion of property the City acquired
through the 1956 quit claim deed from the adjacent pareels; and
WHEREAS, the City Council of the City of Auburn, Washington ("City Council"), has,
after a review of its needs for streets and righfs-of-way in the vicinity of the 1412 3rd Street
SE between M Street SE and R Street SE, within the City, determined that consideration
should be given to the vacation of the same; and
WHEREAS, a public hearing was held in connection with the possible vacation,with
notice having been provided pursuant to statute; and
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 19th day of March, 2018, at the Aubum City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
Ordinance No. 6671
February 6, 2018
Page 1 of 3
Page 61 of 132
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation. That the right-of-way located at 1412 3 d Street SE,
located within the City of Auburn, Washington, legally described as follows:
The south 50 feet of the north 331.07 feet of the west 60 feet of
Lot 33 East Auburn Acres addition to Auburn, according to the
plat thereof recorded in Volume 14 of Plats, Page 41, records
of King County, Washington.
A portion of King County tax parcel number 2149800305,
the same is hereby vacated and the property lying in said portion of right-of-way described
hereinabove, shall inure and belong to those persons entitled to receive the property in
accordance with RCW 35.79.040.
Section 2. Constitutionalitv or Invaliditv. If any portion of this Ordinance or
its application to any person or circumstances is held invalid,the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
location.
Section 4. Effective Date.This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law.
Section 5. Recordation. The City Clerk is directed to record this Ordinance
with the office of the King County Recorder.
Ordinance No. 6671
February 6, 2018
Page2of3
Page 62 of 132
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP 'ED ORM:
a i , ity A or ey
PUBLISHED:
Ordinance No. 6671
February 6, 2018
Page3of3
Page 63 of 132
1 of 2
2/14/2018
V2-16 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V1-17
Applicant: City Initiated
Property Location: Right-of-Way located in the vicinity of 1412 3rd Street SE. Specifically the south 50
feet of the north 331.07 feet of the west 60 feet of Lot 33 East Auburn Acres
addition to Auburn.
Description of right-of-way:
This ROW proposed for vacation consists of a 50 foot by 60 foot portion of real property acquired for the intended
purpose of right-of-way that was Quit Claim Deeded to the City in 1956 under Recording Number 4702460,
Volume 3583, Page 617 of deeds records of King County on June 14, 1956. The City has determined that the
intent of the City’s acquisition was for right-of-way purposes based on the alignment with other similar pieces of
right-of-way that were dedicated for street purposes. These similar pieces of right-of-way were subsequently
vacated years later when City long range transportation plans determined that a road alignment extending 4th
Street SE between M Street SE and R Street SE was not needed and that unopened and partial alignments
should be considered for vacation back to adjacent property owners.
The ROW is located south of 3rd Street SE and north of the Burlington Northern Railroad and consists of a 50 foot
by 60 foot area. The total area of ROW proposed for vacation is 3,000 (+/-) square feet. The ROW is adjacent to
Parcel No. 2149800305 on the north side, Parcel No. 2149800302 on the south side, Parcel No. 2149800284 on
the west side and Parcel No. 2149800306 on the east side.
See the attached map.
Proposal:
The City proposes to vacate the above described right-of-way as it is not needed for public road purposes.
Applicable Policies & Regulations:
RCW’s applicable to this situation - meets requirements of RCW 35.79.
MUTCD standards - not affected by this proposal.
City Code or Ordinances - meets requirements of ACC 12.48.
Comprehensive Plan Policy - not affected.
City Zoning Code - not affected.
Public Benefit:
The street vacation decreases potential right-of-way maintenance obligation and liability of the City.
The vacated area will be subject to property taxes.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE received the City’s request for comments regarding the proposed
street right-of-way vacation. PSE was unable to determine if they have existing facilities in the proposed
vacation area and stated that they would pursue their own easements if needed in the future.
2. Comcast – Comcast has no objection to the proposed vacation and does not require an easement.
3. CenturyLink – CenturyLink has not facilities on or in the area being requested for vacation and does not
required an easement.
4. Water – The City does not require an easement be reserved for water facilities.
Page 64 of 132
2 of 2
2/14/2018
V1-17 Staff Report
5. Sewer – The City does not require an easement be reserved for sewer facilities.
6. Storm – The City does not require an easement be reserved for storm facilities.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – The area proposed for vacation that is currently being used as a road and access to Parcel No.
2149800302 on the south side of the ROW will need to be maintained as such after vacation. The current
access to this parcel does not meet current code for fire apparatus access turnaround requirements. As
such the area currently being used as a road and access may not become any smaller than it currently is.
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
Assessed Value:
ACC 12.48 states “The City Council may require as a condition of the ordinance that the City be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The City Engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the City Engineer to be greater than $2,000, the applicant will be required to provide the City with
an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The City
reserves the right to have a second appraisal performed at the city’s expense.”
The City Engineer has not required an appraisal for the value of this right-of-way since the right-of-way vacation is
being initiated by the City. Additionally the right-of-way was dedicated to the City at no cost and the City has
never maintained or opened the right-of-way for public use.
Recommendation:
Staff recommends that the street vacation be granted with no conditions.
Page 65 of 132
192.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet192.396.20
1:1,154
ROW Vacation #V1-17 1412 3rd Street SE
1in =96 ft
2/6/2018Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 66 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5343 (Gaub)
Date:
February 15, 2018
Department:
CD & PW
Attachments:
Res olution No. 5343
2018 Stormwater Management Program Plan
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5343.
Background Summary:
The City of Auburn was issued a municipal stormwater permit by the Washington State
Department of Ecology in compliance with provisions of the State of Washington Water
Pollution Control Law and the Federal Water Pollution Control Act (The Clean Water Act).
Requirements of the Permit include the development and annual update of a Stormwater
Management Program Plan (SWMP Plan) which describes the actions and activities to be
implemented by the City in order to reduce the discharge of pollutants.
The SWMP Plan is to include measures related to Public Education and Outreach; Public
Involvement and Participation; Illicit Discharge Detection and Elimination; Controlling Runoff
from New Development, Redevelopment, and Construction Sites; Municipal Operations and
Maintenance; and Compliance with Total Maximum Daily Load Requirements and Monitoring.
The Permit lists specific actions and methods that the City must implement through the
SWMP Plan.
The City of Auburn accepted comments on the draft 2018 Stormwater Management Program
Plan. Written comments were to be received by close of business on March 5, 2018. There
was a public hearing at the March 5th City Council meeting where comments could also be
submitted.
Resolution No. 5343 authorizes the adoption of the 2018 Stormwater Management Program
Plan and its inclusion in the submittal of the municipal stormwater permit 2017 Annual Report
to the Washington State Department of Ecology.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 19, 2018 Item Number:RES.A
Page 67 of 132
Page 68 of 132
RESOLUTION iVO. 5 3 4 3.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON; APPROVING THE 2018
STORMWATER MANAGEMENT PROGRAM PLAN AND
AUTHORIZING THE MAYOR TQ fNCLUDE A COPY OF THE
PROGRAM PLAN IN THE NATIONAL POLLUTANT DISCHARGE
ELIMINAl'ION SYSTEM WESTERN VVASHINGTON PHASE II
MUNICIPAL STORMINATER PERMIT ANNUAL REPORT FOR
2017 TO THE WASHINGTON STATE DEPARTMENT OF
ECOLOGI(
WHEREAS, the Washington State Department of Ecology issues a National
Pollutant Discharge Elimination System Western Washington Phase II Municipal
Stormwater Permit that regulates the discharge of stormwater from municipal
stormwater systems; and
WHEREAS, the City operates a municipal stormwater system and is regulated
under the National Pollutant Discharge Elimination System Western Washington Phase
II Municipal Stormwater Permit; and
WHEREAS, the National Pollutant Discharge Elimination System Western
Washington Phase II Municipal Stormwater Permit requires development and
implementation of a Stormwater Management Program Plan; and
WHEREAS, the National Pollutant Discharge Elimination System Western
Washington Phase II Municipal Stormwater Permit requires the submittal of the
Stormwater Management Program plan to the Washington State Department of
Ecology.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 5343
January 19, 2018
Page 1
Page 69 of 132
Section 1. The Stormwater Management Program Plan is approved for
implementation in the City of Auburn in substantial conformity with the agreement
attached hereto, marked as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation, including
submitting a copy of the Stormwater Management Program Plan to the Washington
State Department of Ecology.
Section 3. 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
APPI'V'ED ORM:
Daniel B. Heid, i y Attorney
Resolution No. 5343
January 19, 2018
Page 2
Page 70 of 132
Resolution No. 5343
Exhibit “A”
CITY OF AUBURN
2018 STORMWATER MANA GEMENT
PROGRAM PLAN
City of Auburn, WA
March 2018
Page 71 of 132
Table of Contents City of Auburn 2018 SWMP Plan
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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
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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 73 of 132
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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and Construction Sites City of Auburn 2018 SWMP Plan
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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
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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.
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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
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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
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8. Compliance with Total Maximum Daily Load Requirements City of Auburn 2018 SWMP Plan
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5353 (Gaub)
Date:
March 12, 2018
Department:
CD & PW
Attachments:
Res olution No. 5353
Exhibit A (Amendment #2)
Area Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5353.
Background Summary:
The boundary between the City of Auburn (Auburn) and the Lakehaven Water and Sewer
District (Lakehaven) was most recently modified in 2005 by Amendment #1 to their interlocal
agreement which added parcels involved in the Jovita Heights development to Auburn’s
sewer service area (See the attached map). Sewer extensions that were built as part of that
development within 56th Avenue Southeast are adjacent to and able to serve 19 additional
parcels that, at the time, remained within Lakehaven’s service area. Lakehaven staff does not
forsee sewer service being available to those parcels in the near future and has agreed to
modify their sewer service area boundary to allow those parcels to be connected to the
existing Auburn public sewer main and to become City of Auburn sewer customers.
Resolution No. 5353 authorizes the Mayor to execute Amendment #2 to the interlocal
agreement with the Lakehaven Water and Sewer District for the purpose of modifying the
sewer service boundary between the City of Auburn and Lakehaven in order to encompass
those parcels.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:March 19, 2018 Item Number:RES.B
Page 97 of 132
RESOLUTION NO. 5 3 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE INTE-RLOCAL AGREEMENT
WITH THE LAKEHAVEN WATER AND SEWER DISTRICT FOR
THE PURPOSE OF MODIFYING THE SEWER DISTRICT'S
SANITARY SEWER SERVICE AREA
WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority
to exercise its powers and perform any of its functions as set forth in RCW 39.34;
and
WHEREAS, in January 2004 the Commissioners of the Lakehaven Utility
District adopted Resolution No. 2004-1006 authorizing the General Manager to
execute an interlocal agreement with Auburn, which agreement was
subsequently signed by the City of Auburn as authorized under Auburn
Resolution No. 3651; and
WHEREAS, in March 2005 the Commissioners of the Lakehaven Utility
District adop#ed Resolution No. 2005-1038 authorizing the General Manager to
execute an amendment to the interlocal agreement with Auburn, which
amendment subsequently signed by the City of Auburn as authorized under
Auburn Resolution No. 3824; and
WHEREAS, the parties recognize the responsibility of public sanitary
sewer utilities to provide efficient and reliable service to their customecs at
reasonable cost; and
Resolution Na 5353
03/14/18
Page 1 Page 98 of 132
WHEREAS, portions of the Auburn sanitary sewer system have been
sized with sufficient wastewater conveyance capacity and are situated so as to
be capable of affording sewer service to a number of properties that lie within the
Lakehaven Sanitary Sewer Service Area and adjacent to Auburn's Sanitary
Sewer Senrice Area; and
WHEREAS, Auburn has evaluated sanitary sewer service issues relative
to the adjacent properties and determined that it is feasible for Auburn to provide
sanitary sewer service to those properties; and
WHEREAS, Lakehaven has evaluated the request and determined that
Lakehaven can transfer to Auburn that portion of its Sanitary Sewer Service Area
adjacent to the City of Auburn's infrastructure so that Auburn can provide sanitary
sewer service to those properties.
NOW, THEREFORE, THE GOUNGIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an amendment
to the Interlocal Agreement with Lakehaven Utility District, in substantial
eonformity with the agreement attached hereto, marked as Exhibit A and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Resolution No. 5353
03/14/18
Page 2 Page 99 of 132
Section 3. This Resolution shall take effect and be in foree upon
passage and signatures thereon.
DATED and SIGNED on this day of 2018.
CITY OF AUBURN
IVANCY BACKUS, nAAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP V OR :
D ' B. Heid, City Attorney
Resolution No. 5353
03/14/18
Page 3 Page 100 of 132
EXHIBIT A TO RESOLUTION 5353
AMENDMENT NO. 2
TO THE LAKEHAVEN WATER AND SEWER DISTRICT AND CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
Page 101 of 132
-------------------------------------------------------------------
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
AMENDMENT NO. 2
TO THE LAKEHAVEN WATER AND SEWER DISTRICT AND CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
THIS AGREEMENT, made and entered into this ______ day of _______________2017,
by and between LAKEHAVEN WATER AND SEWER DISTRICT, a Washington municipal
corporation (hereinafter referred to as "Lakehaven"), and the CITY OF AUBURN, a
Washington municipal corporation, (hereinafter referred to as "Auburn"), both being duly
organized and existing under and by virtue of the laws of the State of Washington, as an
amendment to the lnterlocal Agreement dated February 2, 2004, between the parties and
executed on the 8th day of January, 2004, and the 20th day of January, 2004, respectively
(hereinafter referred to as "Original Agreement") as amended by Amendment No. 1 to
that agreement, dated February 22, 2005, between the parties and executed on the 10th
day of March, and the 22nd day of February, 2005, respectively.
WITNESSETH:
WHEREAS, in January 2004 the Commissioners of the Lakehaven Water and
Sewer District adopted Resolution No. 2004-1006 authorizing the General Manager to
execute an interlocal agreement with Auburn, which agreement was subsequently signed
by the City of Auburn as authorized under Auburn Resolution No. 3651; and
WHEREAS, in March 2005 the Commissioners of the Lakehaven Water and Sewer
District adopted Resolution No. 2005-1038 authorizing the General Manager to execute
an amendment to the interlocal agreement with Auburn, which amendment subsequently
signed by the City of Auburn as authorized under Auburn Resolution No. 3824; and
WHEREAS, the parties recognize the responsibility of public sanitary sewer utilities
to provide efficient and reliable service to their customers at reasonable cost; and
WHEREAS, portions of the Auburn sanitary sewer system have been sized with
sufficient wastewater conveyance capacity and are situated so as to be capable of
affording sewer service to a number of properties that lie within the Lakehaven Sanitary
Sewer Service Area and adjacent to Auburn’s Sanitary Sewer Service Area; and
WHEREAS, Auburn has evaluated sanitary sewer service issues relative to the
adjacent properties and determined that it is feasible for Auburn to provide sanitary sewer
service to those properties; and
WHEREAS, Lakehaven has evaluated the request and determined that
Lakehaven can transfer to Auburn that portion of its Sanitary Sewer Service Area adjacent
to the City of Auburn’s infrastructure so that Auburn can provide sanitary sewer service
to those properties.
Page 102 of 132
-------------------------------------------------------------------
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
NOW, THEREFORE in consideration of their mutual covenants, conditions, and
promises, IT IS HEREBY AGREED by and between the parties hereto as follows:
ITEM ONE REVISION TO SERVICE AREA BOUNDARY
The parties have agreed to modify the mutual sewer service planning boundary as
established in the Original Agreement and modified by Amendment No. 1. The properties
depicted in Exhibit A and described in Exhibit B are hereby designated to be within the
City of Auburn’s sanitary sewer service area and no longer within the Lakehaven Water
and Sewer District’s sanitary sewer service area.
ITEM TWO REMAINING TERMS UNCHANGED:
That all other provisions of the Original Agreement as modified by Amendment No. 1 not
herein amended shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day
and year first below written.
LAKEHAVEN WATER AND SEWER DISTRICT
Approved by Resolution No. _____________ of the Lakehaven Water and Sewer District,
Federal Way, Washington, at its regular meeting held on the ________ day of
_____________, 2017.
By:
_________________________
Approved as to Form:
_________________________
CITY OF AUBURN
Approved by Resolution No. ________ of the City of Auburn, Washington, at its regular
meeting held on the _____ day of ________________, 2017.
Page 103 of 132
-------------------------------------------------------------------
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
By:
_________________________
Attest: Approved as to form:
_________________________ _________________________
Page 104 of 132
-------------------------------------------------------------------
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 105 of 132
-------------------------------------------------------------------
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 106 of 132
0.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Miles0.30.10
Auburn-Lakehaven Sewer Service Area Modification 3/5/2018Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
Page 107 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5358 (Faber)
Date:
March 7, 2018
Department:
Parks/Art and Recreation
Attachments:
Res olution No. 5358
Grant Description
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5358.
Background Summary:
This grant provides funding for the remodel of the White RIver Valley Museum Garage, into a
classroom/gathering space for students as well as the development of an outdoor plaza area
located to the north of the museum garage in Les Gove Park. The required matching funds
for this grant are satisfied by the other improvements in Les Gove Park that include the
Lighted Crescent and H Street project.
Rev iewed by Council Committees:
Councilmember:Staff:Faber
Meeting Date:March 19, 2018 Item Number:RES.C
Page 108 of 132
J
RESOLUTION NO: 5 3.5 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
1NASHINGTON, AUTHORIZING THE ACCEPTANGE OF A GRANT FROM
THE STATE OF WASHINGTON HERITAGE CAPITAL PROGRAM,
RAILROAD$, WATERFOWL, FIELD TR/PS AND FAMILY OUT/NGS"
AND AUTFiORIZING THE MAYOR TO EXECUTE THE NECESSARY
CONTRACTS TO ACCEPT SAID FUNDS
WHEREAS, the White River Valley Museum (WRVM), a Division of the Auburn
Parks, Arts and Recreation Department, on behalf of the City of Auburn, submitted an
application to the State of Washington for a CAPITAL HERITAGE PROGRAM grant,
RA/LROADS, WATERFOWL, FIELD TRIPS AND FAMILY OUTINGS"; and
WHEREAS, the City has been advised that it has been approved to receive a grant
from said program in the amount of FOUR HUNDRED NINETY FOUR THOUSAND
DOLLARS ($ 494,000.00); and
WHEREAS, the matching funds required as a condition of this grant are met by
the other improvements made at Les Gove Park; and
WHEREAS, the funding will support the renovation costs of the WRVM GARAGE
BUILDING AND OUTDOOR PLAZA at 918 H STREET SE; and
WHEREAS, acceptance of the grant will benefit the citizens of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Sect6on 1. Acceptance of Grant and Authorization of Contract. The City
Council hereby accepts the "RAILROADS; WATERFOWL; FIELD TRIPS AND FAMILY
OUTINGS"grant from the HERITAGE CAPITAL PRQJECTS PROGRAM, in the amounfi
of FOUR HUNDRED NINETY FOUR THOUSANp DOLLARS ($ 494,000.00), and
Resolution No. 5358
March 12, 2018
Page 1
Page 109 of 132
authorizes the Mayor to execute the Contract with the State of Washington in substantial
conformity with the Contract marked as Exhibit "A" attached hereto and incorporated
herein by,this reference.
Section 2. Implementation. The Mayor is further authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation, including assuring that the grant fund appropriation is included in the
appropriate budget documents of the City.
Section 3. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
SIGNED and DATED this day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST;
Danielle E. Daskam, City Clerk
APPR AS ORM:
Da ' B. Heid, City Attorney
Resolution No. 5358
March 12, 2018
Page 2
Page 110 of 132
W.tSNINGTON 57MIi
H ISTORKAL s'fAT
p
sociET r o . ,
t I889
y
State of Washington
Washington State History Society
19-10
Grantee: City of Auburn
1. PARTIES TO THE CONTRACT
This state funded Contract for Heritage Capital Projects(Contract) is entered between City of
Auburn,White River Valley Museum 918 H Street SE,Auburn WA 98002 (GRANTEE)and the
Washington State Historical Society, 1911 Pacific Avenue,Tacoma WA 98402 (AGENCY), and
shall be binding upon all agents and all persons acting by or through the parties.
2. PURPOSE OF CONTRACT
This Contract, including Attachments A through H (collectively referred to hereafter as
Contraet"),sets out the terms and conditions by which a grant is made for a Heritage Capital
project during the 2017-2019 biennium from funds appropriated by the Washington State.
Legislature in Capital Enacted Bill SSB 6090,which was incorporated into the Capital Budget
signed into law by the governor on January 19, 2018. RCW 27.34.330 provides statutory
authorization for the funding program. The program is administered by the Agency.
3. DESCRIPTION OF HERITAGE CAPITAL PROJECT
Funds awarded under this Contract shall be used by the GRANTEE solely for the"Railroads,
Waterfowl, Field Trips,and Family OUtings"project,as dese"ribed in ATTACHMENT B(PROJECT
SCOPE OF WORK),and for the express purposes of the grant as described in ATTACHMENT C
PROJEGT PURPOSE).
4. CONSIDERATION
The parties agree that, in exchange for the grant money awarded pursuant to this Contract,the
State of Washington and the Agency shall receive in considecation the preservation and
interpretation of historical sites and artifacts that have the potential to provide lifelong learning
opportunities for the citizens of the state,as described in this Contract, including Attachments
B and C.
5. AMOUNT OF GRANT
The Washington State Legislature appropriated four hundred ninety seven thousand dollars
497,000). Of this appropriation,the total funds available to the GRANTEE for reimbursement
of eligible costs shall be four hundred eighty two thousand ninety dotlars ($482,090). The
AGfNCY shall retain three percent(3.0%)of the appropriation,which is fourteen thousand nine
hundred ten dollars($14,910)as the cost of administering the grant and this Contract.
6. COST SHARE
The total cosi of the projects shall include only those cosis that are eligible expenditures as
described in ATTACHMENT D(PROJECT BUDGET). GRANTEE agrees that the amount of state
funding shall not exceed thirty three and thirty-three one hundredths percent(33.33%)of the
total cost of the project. The non-state portion of the total cost of the project shall be the
Page 1 of 3
Page 111 of 132
GRANTEE's cost share of the total cost of the project. The amount of the GRANTEE's cost share
shall be one million four hundred ninety one thousand dollars($ 1,491,000).
7. PERIOD OF PERFORMANCE
The period of performance under this Contract shall be from the date of the la.st signature of the
contracting parties to June 30, 2019. Without further appropriation from the legislature,
expenditures beyond this date shal.l not be reimbursed. The requirement set forth below in
Section 8 to maintain ownership or a lease on the subject property,and to use it for the express
purposes of the grant,shall remain in full force and effect for thirteen years following the date
of contract completion,as defined in Attachment A.
8. CAPITAL IMPROVEMENTS TO BE HELD BY 6RANTEE
a. Capital improvements funded by the Weritage Capital Projects grant are to be used for
the express purpose of this grant. No funds appropriated for a Heritage Capital Projects
grant shall be used for capital improvements not included in the legisla.tive
appropriation and specifically designated in this Contract with the AGENCY.
b. As required by RCW 27:34.330,capital improvements funded by this grant shall be held
by the GRANTEE for at least thirteen (13)years from the date of confract completion;
the facilities shall be used for the express purpose of the grant as set forth in this
Contract, including Attachments B and C; and, if mobile, used primarily in Washington
State. The GRANTEE agrees that it will maintain ownership or lease of ALL property to
be held, as described in ATTACHMENT G (PROPERY PARCEL NUMBER(S)AND LEGAL
DESCRIPTION(S)),for thirteen (13)years beyond the date of contract completion..
Failure to maintain ownership or a lease on the subject property for thirteen years
following the date of contract completion shall constitute a breaeh of this Contract.
Pursuant to the terms of this Contract and RCW 27:34.330, ifithe Grantee is found to be.
in breach of this Contract,the Grantee shall repay to the state general#und the principal
amount of the grant plus interest calculated at the rate of interest on state of
Washington general obligation bonds issued most closely to the date of authorization of
the grant.
c. The AGENCY maintains right of entry for thirteen (13)years from the date of contract
completion to ensure continued compliance with this Contract. The GRANTEE will be
monitored for continued property control and project outcomes as described in the
contract statement of purpose. Monitoring tools appropriate to the project purpose will
be determined during the project closeout process and declared in wtiting from the
AGENCY to the GRANTEE. Monitoring tools may include, but are not limited to,
reporting of annual metrics as declared in the project closeout letter,scheduled and
unscheduled site visits,or requests for images for publication. During the monitoring
period,the GRANTEE may request mitigation of monitoring tools to support enhancing
the public benefit provided by the GRANTEE.
9. REAPPROPRIATION
The parties hereto agree and understand that any state funds not expended and billed by end of
the biennium,June 30, 2019,will lapse on that date un)ess reappropriated by the Washington
State Legislature. Iffunds are so reappropriated,the AGENCY's obligation under the terms of
this Contract shall be contingent upon terms of such reappropriation. GRANTEE may not rely to
its detriment upon use of funds not properly billed or not appropriated. The GRANTEE shall be
Approved as to form by the Attorney GeneraPS off e 2//zozs. Page 2 of 3
Page 112 of 132
allowed only two requests for reappropriation ofthe funds awarded in this Contract. Approval
of such requests is not guaranteed.
10. RIGHTS AND OBLIGATIONS '
All rights and obligations of the parties to this Contract are subject to this Contract,which
include the following attachments, and which are made a part of this Contract:
ATTACHMENT A(GENERAL PROVISIONS)
ATTACHMENT B(PROJECT SCOPE OF WORK)
ATTACHMENT C(PURPOSE OF PROJECT)
ATTACHMENT D(PROJECT BUDGET)
ATTACHMENT E (SOURCE OF AVAILABLE FUNDS)
ATTAC.HMENT F(CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS)
ATTACHMENT G(PROPE:RTY PARCEL NUMBER(S)AND LEGAL DESCRIPTIONS)
ATTACHMENT H (LEASES,CONTRACTS, AND AGREEMENTS)
11. ENTIRE CONTRACT
This Contract, including all attachments,constitutes the entire agreement between Agency and
Grantee and supersedes all previous written or oral agreements or understandi.ngs between the
Agency and Grantee related to this Contract.
This Contract may be amended as set forth in the Contract Modifications in Attachment A.
12. CONTRACT REPRESENTATIVES
The GRANTEE's representative shall be the contact person for all communications and billings
regarding the performance of this Contract. The GRANTEE's representative shall be:
Patricia Cosgrove,Director
White River Valley Museum, City of Auburn
25 West Main Street
253-288-7437 pcosgrove@auburnwa.gov
The AGENCY's representative shall be the contact person for all communications and billings
regarding the performance of this Contract; The AGENCY's representative shall be:
Lissa Kramer, Heritage Capital Projects Manager
Washington State Historical Society
1911 Pacific Avenue,Tacoma WA 98402
253-798-5909 lissa.kra mer@wshs.wa.ov
13. SIGNATURES
Jennifer Kilmer Nancy Backus jJ/
Executive Director Mayor 7
Washington State Historical Society City of Auburn
yl(e00 %Z 2P'
FederalTax ID#
Date Date
Approved as to form by the Attarney Gc neral s off;c z//2o1a. Page 3 of 3
Page 113 of 132
19-10
ATTACHMENT A
GENERAL PROVISIONS
CONTENTS
A. HEADINGS AND DEFINITIONS 2
i. Headings 2
2. Definitions__ . . 2
B. GENERAL CONTRACT TERMS 3
1. Order of Precedence 3
2. Contract Modifications 3
3. No Waiver 3
C. PERFORMANCE AND GENERAL RESPONSIBILITIES 4
1. Nonassignability 4
2. Independent Capacity of Grantee 4
3. Ownership of Project/Capital Improvements 4
4. Hold Harmless 4
5. Acknowledgement 4
6. Ethics Compl.iance .4
7. Public Disclosure/Confidentiality 5
D. COMPLIANCE WITH LAWS, RECORDS,AND/NSPECTIONS 5
1. Compliance with Applicable Law 5
2. Records,Reports,and Audits 5
3. Right of Entry _ 6
4. Evaluation and Monitoring 6
5. Hazardous Substances 6
6. Governor's Executive Order 05-05 6
7. Prevailing Wage Law 6
8. Industrial Insura.nce Coverage 6
9. Nondiscrimination Provision
E. FUNDING REIMBURSEMENT AND BUDGET
i. Reimbursement
2, Recapture of Funds
3. Reduction in Funds 8
F. TERM/NATION AND DISPUTES 8
1. Dispute R.e.solu.tion 8
2. Termination or Suspension for Cause 8
3. Termination for Convenience 9
4. Termination for Fraud or Misrepresentation 9
5. Termination Procedures 9
6. Governing Law and Venue 10
7. Severability 10
Page 1 of 10
Approved as to form by the Attorney 6eneral's Office 2/7f2018.
Page 114 of 132
A. HEADIIVGS AND DEFINITIONS
1. Headings
Headings used in this Contract are for reference purposes only and shall not be considered a
substantive part of this Contract.
2, Definitions
AGENCY-the Washington State Historical Society.
Authorized Reqresentative-an elected or appointed o cer of the corporation or agency,or
alternate designated in writing by the GRANTEE's govern.ing authority,who acts officially on
the GRANTEE's behalf.
Authorized Si natorv-an executive officer of the corporation or agency's governing
authority designated to sign contracis on behalf of the GRANTEE.
Cash match-money from the grantee organization or from other sources,which can include
grants from foundations, nonstate governmental agencies, individuals,corporations, and
others.
Cost share-tHose costs, including cash and in-kind,that the grantee will incur from ifs own
resources or from other cooperating organizations to complete the project described in the
Contract.
Date of rant authorization-the date the Washington State Legislature initially appropriated
funds for the project.
Date of contract authorization-the last date of an authorized signature on the Contract
Form.
Date.of contract completion-the date of the project closeout letter from the Agency which
initiates the Lhirteen (13)year monitoring period.
GRANTEE-the applicant that has been awarded a grant of funds and is bound by this
executed Contract, including any officers,employees,or agents lawfully representing the
GRANTEE.
Herita e or anization-a group whose purpose is to collect, preserve,or interpret history,
heritage,and culture.
Herita e capital qcoiect-project that involves the physical plant of a heritage organization, a
historic landscape, archaeological site, historic ship, locomotive, airplane;other
transportation conveyance,or acquisition of a property for protection and stabilization of
heritage resources or by a heritage organization for purposes of new construction.
In-kind contributions-contributions to a project that are not part of cash match, May
include materials and supplies, professional eonsultation, legal and accounting services
specific to the project, architectural design fees, and volunteer labor.
Local overnment agencv-city or county agency, port district, or public development
authority.
Page 2 of 10
Approved as to form by the Attorney General's Office 2/7/2018.
Page 115 of 132
Nonarofit or anization-organization incorporated under the nonprofit laws of the state of
Washington and holding a 501(c)(3)tax determination from the IRS.
Other entitv-As authorized by RCW 27.34.330, an entity that meets all criteria for Heritage
capitol project funding and can be considered for a grant award at the discretion of the
Washington State Historical Society
Real qropertv value-fair market value of real property when such property is acquired solely
for the purpose of a heritage aapital project Evidenced by a current fair market appraisal
performed by a qualified, professional real estate appraiser.
Total pcoiect costs-include, but are not limited to,the amount sought from the fund and
what the applicant will provide as cost share.
B. GENERAL CONTRACT TERMS
1. Order of Precedence
The items listed below are incorporated by reference herein. In the event of an
inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in
the following order.
1. Applicable federal and Washington State statutes and regulafions
2. State executive orders
3. Terms and condifions of this Contract
4. ATTACHMENT A(GENERAL PROVISIONS)
5. Other attachments or material incorporated by reference.
2. Contract Modifications
a) This Contract may be modified by mutual agreement of the parties. Such
modifications shall not be binding unless in writing and signed by both parties prior
to implementation of the modifications. Any oral understanding or agreement not
incorporated herein shall not be binding.
b) Budget modi cation by the GRANTEE of not more than ten (10) percent of any line
itein or combination of line ifems from the Project Budget(Attachment B) is
excepted from subsection 2(a). Modifications that increase a line item must be
offset by reductions in other line items so there is no increase to the total amount
available to the GRANTEE in this grant.
c) The GRANTEE shall notify the AGENCY in writing prior to making any budget
modification or combination of budget modifications that would exceed ten (10)
percent of any line item. Budget modifications exceeding ten (10) percent of any
line item or combination of line items constitutes a Contract Modification and musi
be approved by both parties in writing prior to implementation of the modification.
3. No Waiver
Waiver of any default or breach shall not be deemed to be a waiver of anysubsequent
default or breach. Any waiver sha[I not be construed to be a modification of the terms of
this Contract unless stated to be such in writing signed by the authorized representatives of
the AGENCY and the GRANTEE.
Page 3 of 10
Approved as to form by the Attorney Genera!'s Office 2/7/2018.
Page 116 of 132
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
1. Nonassignability
Neither this Contract nor any claim arising under this Contract shall be transferred or
assigned by the GRANTEE withouiwritten permission from the AGENCY.
2. Independent Capacity of Grantee
The parties intend that an independent relationship will be created by this Contract. The
GRANTEE and its employees or agents performing under this Gontract are not employees or
agents of the AGENCY. The GRANTEE and its employees or agents will not hold themselves
out as nor claim to be officers or employees of the AGENCY or of the State of Washington by
reason of this Contract and will not make any claim,demand,or application to or for any
right or privilege which would accrue to such employee under law. Conduct and control of
the work will solely be with the GRANTEE.
3. Ownership of Project/Gapital Imprgvements
The AGENCY makes no claim to any real property improved or consfructed with funds
awarded under this Contract and does not assert and will not acquire any ownership
interest in or fitle to the capital facilities and/or equipment constructed orpurchased with
state funds under this Contract. This provision does not extend to cl.aims that the AGENCY
may bring against the GRANTEE in recapturing funds expended in violation of this Contract.
4. Hold Harmless
To the exfent permitted by law,the GRANTEE shall defend, protect,and hold harmless the
State of Washington and the AGENCY, its employees, agents,officer5,and assigns from and
against all claims,suits,or actions arising from the GRANTEE's acts or omissions and those of
its employees, officers, and agents, including those which are libelous orslanderous, which
result in injury to persons or property,which violate a right of confidentiality,or which
constitute an infringement of any copyright, patent,trademark,or tradename through use
or reproduction of material of any kind. The GRANTEE shall be required to indemnify,
defend, and hold harmless the State only to the extent the claim is caused in whole or in
part by negligent acts or omissions of the GRANTEE.
The GRANTEE waives its immunify under Title 51 RCW(Industrial Insurance)to the extent
required to indemnify, defend, and hold harmless AGENCY,the state of Washington and
agencies, officials,agents,or employees of the state.
5. Acknowledgement
The GRANTEE shall announce in its publicity materials,on a posted sign during the project,
and on a permanent marker that the State of Washington is a source and the Washington
State Historical Society the administrator of these funds unless such requirement is modified
or waived in writing by the AGENCY.
6. Ethics Compliance
The AGENCY may, by written notice to the GRANTEE,terminate this Contract if it is found
after due notice and examination by the AGENCY that there is a violation of the Code of
Ethics for Municipal Of cers(Chapter 42.23 RCW) or any similar statute involvingthe
GRANTEE in the procurement of, or the performance under,this Contract.
Page 4 of 10
Appraved as to form by the Attorney General's Office 2/7/2018.
Page 117 of 132
7. Public Disclosure/Confidentiality
a) The GRANTEE acknowledges that the AGENCY is subject to the Pu.blic Records Act
Chapter 42:56 RCW), and that this Contract shall be a public record as defined. Any
specific information that is claimed by the GRANTEE to be confidential or
p'roprietary must be clearly identi ed as such by the GRANTEE. If a request is made
to view the GRANTEE's information marked as confidential,the AGENCY will notify
the GRANTEE of the request and the datethatsuch records will be released to the
requestor unless the GRANTEE obtains a court order enjoining that disclosure. If the
GRANTEE fails to obtain the court order enjoining disclosure,the AGENCY will
release the requested information on the date specified.
b) The GRANTEE shall not use or disclose any information concerning the AGENCY,or
information which may classified as confidential for any purpose not directly
connected with the administration of this Contract except(1)with prior written
consent of the AGENCY, or(2)as may be required by law.
D. COMPLIANCE WITH LAWS, RECORDS,AND INSPECTIONS
1. Compliance with Applicable Law
a) The GRANTEE agrees to be aware of,and comply with,all applicable and current
federal,state,and local laws, regulations,and policies. The GRANTEE's confirmation
of this requirement is contained in ATTACHMENT F(CERTIFICATION OF AGREEMENT
TO FOLLOW ALL LAWS). AGENCY is not responsible for determining compliance.
b) In the event of the GRANTEE's noncompliance or refusal to comply with any
applicable law or policy,the Contract may be suspended or terminated in whole or
in part, and the GRANTEE and the project may be declared ineligible for further
grant awards from the AGENCY.
c) The GRANTEE further agrees to indemnify and hold harmless the AGENCY from all
liability,damages,and costs of any nature including but not limited to costs ofsuits
and attorneys'fees assessed against the AGENCY,as a result of the failure of the
GRANTEE to so comply.
2. Records, Reports, and Audits
a) The GRANTEE shall maintain books, records, docum.ents,and other evidence of
accounting procedures and practices that swfficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this Contract.
These records shall be subject at all reasonable times to inspection, review,or audit
by personnel du.ly authorized by the AGENCY,the Office of the State Auditor, and
federal officials so authorized by law, rul.e, regulation,or Contract. The GRANTEE
will retain all books, records, documents, and other material.s relevant to this
Contract for six years after full termination or expiration of this Contract,which
includes the thirteen (13)yea monitoring period that begins on the date of the
closeout letter at contract completion, and make them available for inspection by
persons authorized under this provision. If any lifigation, claim,or audit is started
before the expiration of the six(6)year period,the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved.
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Page 118 of 132
b) The GRANTEE shall comply with all auditing requirements,including audit
requirements for the expenditure of more than $100,000 or more in total state
funds in a fiscal year, if applicable.
3. Right of Entry
The GRANTEE shall provide righ.t of aceess of its facilities to the AGENCY or to any of its
officers,or to any other authorized agent or official of the state of Washington or the
federal government at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Contract.
4. Evaluation and Monitoring
a) The GRANTEE shall cooperate with and fully participate in any monitoring or
evaluation activities conducted by the AGENCY that are relevant to compliance with
this Contract, including providing ini.tial and updated project plans for AGENCY
review and approval and facilitating record produetion and periodic site inspections.
b) The GRANTEE shall providethe AGENCY with digital images and nar.ratives that
depict the progress made on the project. Such images will be used by the AGENCY
to support reimbursement requests and to inform the public about the grant
program on the web and elsewhere. Images and narratives shall be provided with
each request for reimbursement.
5. Hazardous Substances
The GRANTEE will defend, protect, and hold harmless the AGENCY,and any and all of its
employees and/or agents,from and against any and all liability, cost(including but not
limited to all costs of defense and attorney's fees), and any and all loss of any nature from
any and all claims or suits resulting from the presence of,or release or threatened release,
of hazardous substances as defined in RCW 70.105D.020,on the property covered by the
Contract.
6. Governor's Executive Order 05-05
The 6RANTEE shall comply with Governor's Executive Order 05-05. In the event that
historical or cultural artifacts are discovered at the project site during construction,the
GRANTEE shall immediately stop construction and notify the local historical preservation
officer and the state historical preservation officer at the Washington State Department of
Archaeology and Historic Preservation.
7. Prevailing Wage Law
The project funded under this Contract may be subject to sfate Prevailing V1/age law(RCW
39.12). The GRANTEE is advised to consult with the Industrial Statisticia.n at the Washington
State Department of Labor and Industries to determine whether prevailing wage must be
paid. The AGENCY is not responsible for deterrnining whether prevailing wage applies to
this project or for any prevailing wage payments that may be required by law.
8. Industrial Insurance Coverage
The GRANTEE shall comply with all applicable provisions of Title 51 RCW(Industrial
Insurance).
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9. Nondiscrimination Provision
a) During the performance of this Contract,the GRANTEE shall abide by all applicable
federal and state nondiscrimination laws and regulations, including but not limited
to Washington's Law Against Discrimination (RCW 49.60)and the Americans with
Disabilities Act(42 U.S.C. 12101 et. seq.).
b) In the event of the GRANTEE's noncompliance or refusal to comply with any
nondiscrimination law, regulation,or policy,this Contract may be suspended or
terminated in whole or in part,a.nd the GRANTEE may be declared ineligible for
further Contracts with the AGENCY. The GRANTEE shall, however, be given a
reasonable time in which to remedy in accordance with the"Dispute Resolution"
procedure set forth in Section 25 of this Contract Attachment.
E. FUNDIN6 REIMBURSEMENT AND BUDGET
1. Reimbursement
a) Payment to the GRANTEE shall be made on a reimbursement basis only,for eligible
costs incurred, using forms provided by Lhe AGENCY: Reimbursement shall be
allowed for(1)actual costs incurred and paid. No advance payments shall be rnade
to the GRANTEE. Purchases of goods will be reimbursed upon receipt,and services
will be reimbursed upon completion of work.
b) Each requestfor reimbursementshall include a state voucher form.and digital
images and a narrative report describing the work completed and the status of the
project. The reimbursement request shall not include any costs already reimbursed
by or charged against any other grant or other source. The oucher must be
eertified by an official of the GRANTEE with the authority bind the GRANTEE.
c) After receiving and approving the voucher and accompanying information,the
AGENCY shall promptly remit a warrant to the GRANTEE. The obligation of the
AGENCY to pay any amount(s) under this Contract is expressly conditioned upon
compliance with th.e terms of th.is Contract by the 6RANTEE.
d) The expenditure of siate funds shall not exceed the intended state share of the total
cost of the project at any time,and shall be consistent with the Legislative
appropriation.
e) The final request for reimbursement under this Contract shall be submitted by the
GRANTEE to the AGENCY within fifteen (15)days following the completiqn of the
work or other terminafion of the Contract and be aecompanied by a final narrative
report and digital images of the completed project.
2. Recapture of Funds
In the event that the GRANTEE fails to expend state funds in accordance with state law and/
or the provisions of this Contract,the AGENCY reserves the right to recapture state funds in
an amount equivalent to the extent of noncompliance. Repayment by the GRANTEE of state
funds under this recapture provision sh.all occur within thirty(30) days of demand. In the
event that the AGENCY is required to institute proceedings to enforce this recapture
provision,the AGENCY shall be entitled to its cost thereof, including reasonable attorneys'
fees.
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3. Reduction in Funds
In the event state funds appropriated for the work contempl.ated under this Contract are
withdrawn, reduced,or limited in any way by the Governor or the Washington State
Legislature during the Contract period,the AGENCY may suspend or terminate the Contract
under the Termination for Convenience clause without advance notice,subjectto
renegotiation at the AGENCY's discretion, under those new funding limitations and
conditions.
F. TERMINATION AND DISPUTES
1. Dispute Resolution
a) The parties shall make every effort to resolve disputes arising out of or relating to this
Contract through negotiation.
b) Except as otherwise p"rovided in this Contract, when a dispute arises between. the
parties and it cannot be resolved by direct negotiation, either party may request a
dispute hearing according to the.process set out in this Section. Either party's request
for dispute hearing must be in writing and clearly state:
1. The disputed issue(s);
2. The relative positions of the parties;
3. The GRANTEE's name,address,and project title.
c) In order for this Section to apply to the resolution of any specific dispute or disputes,
the other party must agree in writing that the procedure under this Section shall be
used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person selected by the GRANTEE, one person selected by
the AGENCY, and a third person chosen by the two persons initially appointed.
d) Any hearing under this Section shall be informal, with the specific processes to be
determined by the dispute panel according to the nature and aomplexity of the issues
involved. The process may be solely based upon written material if the parties so
agree. The dispute panel shall be governed by the provisions of this Contract in.
deciding the dispute(s),
e) The parties shall be bound by the decision of the dispute panel, unless the remedy
directed by that panel is outside the legal authority of either or both parties to
perform as necessary,or is otherwise unlawful.
f) Request for a dispute hearing under this Section by either party shall be delivered or
mailed to the other party. The request shall be delivered or mailed within thirty(30)
days of the date the requesting party has received written notice of the action or
position of the other party that it wishes to dispute. The written agreement to use
the process under this Section for resol.u.tion of those issues shall be delivered or
mailed by the receiving party to the requesting party within thirty(30)days of receipt
by the receiving party of the request.
g) All costs associated with implementation of this process shall be shared equally by
the parties.
2. Termination or Suspension for Cause
a) In the event the AGENCY determines the GRANTEE has failed to comply with the
conditions of this Contract the AGENCY has the right to suspend or terminate the.
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Contract. Before suspending or terminating the Contract,the AGENCY shall notify
the GRANTEE in writing of the need to take corrective action. If corrective action is
not completed within 30 days of receiving notice,the Contract may be terminated
orsuspended.
b) In the event of termination or suspension for cause,the AGENCY may require the
GRANTEE to repay all or any portion ofthe state funds paid to the GRANTEE prior to
termination:
c) The AGENCY may enforce this Contract by the remedy of specific performance,
which includes, but is not limited to, completion of the project as descri6ed in this
Contract. However, the remedy of specific performance shall not be the sole or
exclusive remedy available to the AGENCY. No remedy available to the AGENCY
shall be deemed exclusive. The AGENCY may elect to exercise any combination,or
all of the remedies available to it underthis Contract,or under any provision of law,
common law,or equity.
3. Termination for Convenience
a) Notwithstanding any provisions of this Contract,either party may terminate this
Contract by providing the other party with written notice of such termination,
specifying the effective date thereof,at least thirty(30)days prior to such date.
b) In the event this Contract is terminated,the GRANTEE shall 6e reimbursed for
eligible expenses incurred prior to the effective date of such termination and not.
otherwise paid for by the AGfNCY,as the AGENCY reasonably determines.
4.: Termination for Fraud or Misrepresentation
In the event the GRANTEE commits fraud or makes any misrepresentation in connection
with the grant application or during the performance of this Contract,the AGENCY reserves
the right to terminate or amend this Confract accordingly, including the right to recapture
all funds disbursed to the GRANTEE uniler the grant.
5. Termination Procedures
a) After receipt of a notice of termination,except as otherwise directed by the
AGENCY,the GRANTEE shall:
i. Stop work under the Contract on the date,and to the exfent specified, in
the notice;
ii. Place no further orders or sub-grants for materials, services,or facilities
related to the Gontract•
iii. Preserve and fransfer any material.s, Co.ntract deliverables and/or AGE.NCY
property in the GRANTEE's possession as directed by the AGENCY.
b) Upon termination of the Contract,the AGENCY may pay the GRANTEE for any service
provided by the GRANTEE under the Contract prior to the date of termination,unless
the AGENCY reasonably determines in its sole diseretion that the amount due is
necessary to protect the AGENCY against potential loss or liability resulting from the.
termination. The AGENCY shall pay any withheld amount due up to the date of
termination to the GRANTEE if the AGENCY later determines that a loss or liability will
not occur. GRANTEE shall not be paid for any work done after the termination date.
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Page 122 of 132
b) The rights and remedies of the AGENCY under this Section are in addition to any
other rights and remedies provided under this Contract or otherwise provided
under law.
6. Governing Law end Venue
This Contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by,the laws of the state of Washington. Venue of any
suit between the parties arising out of this Contract shall be the Superior Court of Thurston
County, Washington. The GRANTEE, by execution of this Confract acknowledges the
jurisdiction of the courts of the State of Washington.
7. Severability
If any provision of this Contract or any provision of any document incorporated by reference
shall be held invalid,such invalidity shall not affect the other provisions of the Contract
which can be given effect without the inyalid provision, if such remainder conforms to the
requirements of applicable law and the fundamental purpose of this Contract,and to this
end the provisions of this Contract are declared to be severable.
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Page 123 of 132
19-10
ATTACHMENT B
PROJECT SCOPE OF WORK
PROJECTSCOPE OF WORK NARRATIVE
This project is to improve the area adjacent to the White River Valley Museum,including new roadway
access, parking,exterior lighting and walkways,programmable heritage classroom,outdoor interpretive
artwork,and a roundhouse inspired, programmable amphitheater with train play sculpture,
MATCH (2016/2017):The existing dark enclosed Museum lobby was removed and replaced with a glassed in
en.t:ry.It is an inviting space with doors awaiting visitors walking from the newly extended entry drive(H
St:reet) parking, lights and sidewalks.The Museum exterior was painted.H Street was extended
approximately 1000 feet,and parking was improved from 24 to 46 st:alls.A new monument sign was
installed.
HCP(2018/2019):A 795 square foot existing garage will be remodeled into a heritage enrichment classroom..
The area directly outside the ga age will be transformed into a roundhouse-inspired amphitheater with
phenolic resin interpretive la.bels telling the story of Auburn's Northern Pacific Railway Ya"rd, .a.nd a climb-on
train engine to Help direct attention and provide identity—also creating an outdoor ezhibit.Complementing
the match funded work on the west and frontof the Museum,a sculptured bird(s)(historically found in the
valley)will be mounted as interpretive art and actasdirectional signage.A phenolic resin sign will interpret
Native water fowl hunting and I.ifestyles—again creating an outdoor exhibit.The sculpture will serve as a
visual cue to move visitors towards the new front doors of the fully renovated Museum.
PROJECT SCOPE OF WORK BY ARCHITECTURAL DIVISIONS
DIV 2 CONCRETE-Existing: concrete floor on grade,will lay down laminate flooring
DIV 4 MASONRY- Existing:1/2 of walls are brick, 1/2 wood frame
DIV 6 WOOD, PLASTICS,&COMPOSITES-New: laminate counters and bathroom stall
DIV 7 THERMAL&MOISTURE PROTECTION-Existing:no insulation or HVAC,will bring up to code for occupied
space
DIV 8 OPENINGS-Existing:2 wooden garage doors,replace with glass doors
DIV 9 FINISHES-paint interior and exterior
DIV 10 SPECIALTIES-Existing: brick wall facing road,will mount interprefive art& labels
DIV 21 FIRE SUPPRESSION-Existing:fire extinguishers,will bring space up to code
DIV 22 PLUMBING-Existing;no plumbing,will add toilet and two sinks
DIV 23 HVAC-Existing: no HVAC,will add HVAC system to code
DIV 26 ELECTRICAL-Existing;overhead lights only,will add full electrical systems
DIV 31 EARTWWORK-New:create roundhouse amphifheater, lights,gardens,ancl improve parking
DIV 32 EXT. IMPROVEME;NTS-New: roundhouse amphitheater, interpretive art, labels&signage
OTHER WORK IMPROVEMENTS-New: purchase tables,chairs&commission climb-on train
CERTIFICATION
The GRANTEE, by its signature,certifies that the Project Scope of Work set forth above ha.s been reviewed
and approved by the GRANTEE's governing body or board of directors,as applicable,as of the date written
below. The GRANTEE shall make all plans and documents funded in whole or in part by this contract
available to the AGENCY upon reasonable request.
Nancy Backus
Mayor, City of Auburn
Date
Approved as to form by the Attorney General's Office 2/7/2015.
Page 124 of 132
19-10
ATTACHMENT C
PROJECT PURPOSE.
PROJECT PURPOSE
When these projects are complete,the SW corner of a city park will be renovated with aecessible drives,
sidewalks,exterior lighting and parking.A relatively hidden,dark, and uninviting museum building will
be bright and inviting,with signage and sculptural identifiers and exterior exhibits that will entice and
lead visitors to the front door.
Patcons will enjoy a roundhouse-inspired amphitheater and read beautiful graphics about Auburn's
railroading and history.Their children will want to return to the cfimb-on train which draws parents to
the Museum.The Museum's capacity will grow to accommodate 90 students at a time on field trips—
which it hosts a lot of, as well as outdoor summer programs and indoor heritage-themed family
activities.With fhe greatly renovated park,guests will find the Museum easily by well-designed signs off
of Auburn Way South;they will park in an attractive, newly renovated parking lot and be directed by
artwork to a glassed-in lobby that tan.tal.izingly shows some of the wonders that visitors can experience.
Once inside, new paint and carpets greet the visitor who wi.11 discover a gem of a community heritage
museum.
CERTIFICATION
The GRANTEE, by its signature, certifies that the express purpose of the grant as described in Project
Purpose set forth above has been reviewed and approved by the GRANTEE's governing body or board of
directors,as applicable, as of the date written below.
Nancy Backus
Mayor, City of Auburn
Date
Page 1 of 1
Appraved os to form by the Attomey Gene al's Office 2/7/2 18.
Page 125 of 132
19-10
ATTACHMENT D
PROJECT BUDGET
r ,
i # G.,antee,Cost S i #HCPF otals.,;, ;
a.,d yM.
ww;"i'' " c` ,. " Ccst„Cat`, ,
Ca .h Ir l i ,Gca t Fu
Project Staff 0 24;999, ` ; 24,999
Arch.itecture/Engineering 16,333 8,000 6,200 30,533
Construction/Rehabilitation 1,075,000 0 283,630 1,358,630
Property Acquisition 0 0 0 0
Bridge Loans 0 0 0 0
Equipment_ _ _ 0 0 0 0
Furni`sh'ings 0 0 12,232 12,232
Landscaping 0 0 111,705 111,705
Permanent Exhibits 16,500 0 35,897 52,397
Consultants 0 0 0 0
Integral Art Projects 0 _ _ 0 29,516 29,516
LEED Silver Certifi'cation 0 D 0 0
Project Trayel, Costs 0 0 _ 0 0
Site Work 0 0 0 0
Pre-design f } 0`,;o , , 0
0Valueoflease h.i r 0
COSTSHARESUBTOTALS 1,107,833 32,999 1,140,832
Reimbursable Costs 479,180 479,180
HCP Administration-3%14,820 14,820
TOTRLS £ ``
a ° -3 140 832 `494"000,. $1 620'U12
w.>u 1i.r. ._.° 9: ish..,-,«.) lm l.o ,f-,,..
OFTOTAL 68
ym. n___...:..
2%. _ 30% 100%
CERTIFICATION
The GRANTEE, by its signature,certifies that the express purpose of the grant as described in Project
Purpose set forth above ha.s been reviewed and approved by the GRANTEE's governing body or board of
directors, as applicable, as of the date written below,and that the total GRANTEE cost share required for
the project shall be received and expended by June 30, 2019.
Nancy Backus
Mayor, City of Auburn
Date
Page i of 1
Page 126 of 132
19-10
ATTACHMENT E
SOURCE OF AVAILABLE FUfVDS
a^
rg= & 7";" s a. +`i a `
r, r .«k:, n a°.,s„,, `r;: W, '"
a.,..=,f.r, ,dGa,'," ..::>.":.""_Y..wR..,..`m.
J`.,
u.a..'"' .r,>n.t.,,r' A..ar«.
m, _u ?1.«.ud r.m...a''fi'''B
GRANTEE's FUNDS Cash Match)
Cit.y of Auburn funding s ent, work complete as of 2/2018
park renovation around_museum buildings 1,075,000_00_
design by Berger ParEnership of renovations around museum $ 16,333.00
GRANTEE's FUNDS(1_n.-ki:nd Cont;ri:butions
Project manager, P Cosgrove, 520 hours 24,999.00
w
TOTALGRAN7'EE FUNDS;"(Cost Share)=. . :> _ . ._'.. _,,..'
k'r .,$
1;'116,332 00;
TOTAL GRANT FUNDS_(Legislafive Approp;riat ori`r` . .;,µ_
i._"
T $ .. d 494,OQ0
00.
f G yNl'EE
OTALP ..
y. . n t _ T
w ; , ' Rq. ROJECI'FUI DS AVAILABLE -- -.. . _ .,_, ,,.,.. . $;,_,,, , .,` 1,610,.332
0
CERTIFICATION The GRANTEE certifies the Source of Available Funds have been reviewed and approved by
the GRANTEE's governing body or board of directors as of the date written
below.By so doing,the GRANTEE certifies that 75%of these funds are in hand at by the date
below and thatthe remaining 25%will be in hand by June 30,
2019.AII match furrds are committed in writing from respective sources and are available; and
will remain committed and available solely and specifically for carrying out the project as
described elsewhere in this contract. Cash match and in-kind match funds are regarded as
funds restricted for use solely for the contract project purposes and are committed as such in
the GRANTEE's
accounting.The GRANTEE shall maintain records sufficient to e idence that it has expended or has access
to the committed funds, and shall make such reeords available for the AGENCY's review
upon
request.Nancy
Backus Mayor, City of
Auburn
Date Page 1 of
Page 127 of 132
19-10
ATTACHMENT F
CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS
CERTIFICATION
The GRANTEE,by its signature,certifies that it shall be aware of and comply with all applicable and
current federal,state,and local laws, regulations,policies, as now or hereinafteramended including, but
not limited to those related to:
Governor's Executive Order OS-05(regarding prior preservation review and ongoing
consultation by the state and concerned rribes for any capita/projects or land acquisition
projects for the purpose of capita!construcfion)
o Prevailing Wage Law- RCW 39.12
Hazardous Substances- RCW 70.105DIndustria) Insurance- RCW 51
Washington Law Against Discrimination- RCW 49.60
Americans with Disabil.ities Act-42.U.S.C. 12101 et.esq.
e High Performance Public Buildings(LEED)- RCW 39.35D
Nancy Backus
Mayor; City of Auburn
Date
Page 1 of 1
Approved as to form by the Attorney General's Offrce 2/7/2018.
Page 128 of 132
19-10
ATTACHMENT G
PROPERTY PARCEL NUMBER(S)AND LEGAL DESCRIPTION(S)
For all projects:
Permanent Address: 918 H Street SE,Auburn WA 98002
Historic Designation(if applicable): None
Washington State Legislative District#: 30
GPS Coordinates: Latitude:47.2994381, Longitude-122.2186758
Parcel#: 192159181
Legal Description:
Museum Park-PCL A OF AUBURN LLA#BLA08-0018 REC#20090120900004 SD LLA BE.ING LOCATED IN
NW. 1/4 OF NE 1/4 OF SEC 19-21-5 TGW A SMALL TRIANGLE IN NE 1/4 OF NW 1J4 OF SD SEC LY NLY OF
ADJ TO AUBURN WAY S.
Museum Building- PCL A OF AUBURN LLA#BLA08-0018 REC#20090120900004 SD LLA BEING LOCATED
IN NW 1/4 OF NE 1/4 OF SEG 19-21-5 TGW A SMALL TRIANGLE IN NE 1/4 OF NW 1/4 OF SD SEC LY NLY
OF&ADJ TO AUBURN WAY S
For vessels or other fixed assets(adapt as neededJ:
Vessel Name: NA
Legal Owner: City of Auburn
Year Built:
Home Port: NA
U,S. ..R.egist_ry#: NA
Vessel Service: NA
CERTIFICATION
The GRANTEE, by its signature,certifies that the information set forth above, including property parcel
number(s) and legal description(s), have been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, as of the date written below.
Nancy Backus
Mayor, City of Auburn
Date
Page 1 of 1
Approved as[o fam by the Attorney GeneraYs OfJice 2/7/2018.
Page 129 of 132
19-10
ATTACHMENT H
LEASES,CONTRACTS,AND AGREE .MENTS
y:!i i i ,: n,.,'8C
u
i n
yT :P 'n a'tl h.
i ii
k .,ii i r ` e t ' u
i, Date of 4 Date°of a fi,,,i n,Recor ed i n,'OCUlllel7t TIt B N p t125; , X2Cllt1011 = EXpIY8t1011 x ; ;
k ° a4!ji,'"`'
i a5 , 'i "m - _
v n_n 6 , ,____;.e-
City of Auburn
Master Plan for the December 14,
Development of the City of Auburn
2015
None City of Auburn
Les Grove Park
Community Campus
City of Auburn
and White River
Lease
Valley Historical
August 20, 1971 August 21, 2070 City of Auburn
Society
Add additional lines if necessary
CERTIFICATION
The GRANTEE, by its sign.ature,certifies that the leases, contracts and agreements as described in the
grant application and defined above have been reviewed and approved by the GRANTEE's governing
body or board of directocs,as applicable, as of the date written below.
The GRANTEE also certifies Lhat it has read and understands its obligation to hold the property for 13
years from the date of contract completion and to u.se the property for the express purposes of the
grant as set forth in this Contract.The Grantee further eertifies that it shall provide the AGENCY with
notice of any and al,l modifications or additions to all leases,contracts and agreements made during the
Contract Period of Performance or during the thirteen years following GRANTEE's completion of the
project.
Nancy Backus
Mayor,City of Auburn
Date
Page 1 of 1
A proved as to fnrm 6y ihe Atinrney General's Office 2/7/2Q28.
Page 130 of 132
19-10
ATTACHMENT H
LE.ASES,CONTRACTS,AND AGREEMENTS
N, NY - ; .
µ ; ,.
e { r n .Date of Date
of;° ,,, , D:ocumentT
tle `
i , -Parties; . i'4,,;„',,`L,v G4,,k,Recorded
tin f.a i , :Ex cutio , , Exp rat on,, .
a,,; ,r e t 3. I i ii i 4° `+ c.ili i.:,i i `"' ^r s.,'u .4'L ..ly .zr z I a M
n l ti h :t n ..Wl luUii14 ir,z c,o I ar:
s ,,City of
Auburn Master Plan for
the Development of the City of
Auburn December 14, None City of
Auburn Les Grove
Park
2015 Community
Campus City of
Auburn
Lease and White
River August 20, 1971 August 21, 2070 City of
Auburn Valley
Historical
Society Add additional lines if
necessary
CERTIFICATION The GRANTEE, by its signature,certifies that the leases, contracts and agreements as described in
the grant application and defined above have been reviewed and approved by the GRANTEE's
governing body or board of directors,as applicable, as of the date written
below.The GRANTEE also certifies that it has read and understands its obligation to hold the property for
13 years from the date of contract completion and to use the property for the express purposes of
the grant as set forth in this Contract.The Grantee further certifies that it shall provide the AGENCY
with notice of any and all modifications or additions to all leases,contracts and agreements made during
the Contract Period of Performance or during the thirteen years following GRANTEE's completion of
the
project.Nancy
Backus Mayor, City of
Auburn
Date Page 1 of
1 Appraved as to form by the Attorney General's Office 2/7/
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“Railroads, Waterfowl, Field Trips and Family Outings”
A $497,308 Heritage Capital Program Request by the City of Auburn
As part of an overall City of Auburn park renovation we propose to improve the area adjacent to the White
River Valley Museum, including new roadway access, parking, exterior lighting and walkways, programmable
meeting/classroom, outdoor interpretive artwork, and a roundhouse inspired, programmable amphitheater
with train play sculpture.
RAILROADS: Auburn is an old railroading town. Park
improvements will include a roundhouse-inspired outdoor
amphitheater, educational signage about railroading and a
climb-upon train. “Let’s meet at the train sculpture!”
WATERFOWL: Auburn’s riverine environment was a haven for waterfowl,
which was hunted by Native Americans and pioneers as a major source of
food. We propose to install a group of sculpted waterfowl which will act as
directional signage, leading visitors from the new parking area to the
Museum’s entry. This artwork will be accompanied by interpretive signage
about the area’s human and environmental history.
FIELD TRIPS: We will renovate an existing garage space into a
classroom to allow larger groups of students to visit the White
River Valley Museum. Over 3500 students participate in curricular
based fieldtrips at
this gem of a
Museum each year.
FAMILY OUTINGS: Auburn’s parks are used by 1000s of families
who will enjoy the new classroom/meeting space, amphitheater,
educational artwork and play sculpture. This kind of outdoor play
is vitally important to growing and sustaining a healthy
community.
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