HomeMy WebLinkAbout02-19-2019 CITY COUNCIL AGENDACity Council Meeting
February 19, 2019 - 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 .A rts Commission Appointments
City Council to approve the following appointments to the A rts Commission. A ll
appointees will serve a three year term to expire on December 31, 2021.
K elly Gordon
P at J udd
P am Smith
B .S alary Commission Reappointment
City Council to confirm the reappointment of I saiah J ohnson to the Salary Commission
for a four-year term to expire December 31, 2022.
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 renewal of Franchise A greement No.
13-37
City Council to conduct a public hearing to receive public comment
in consideration of renewal of Franchise A greement No. 13-37 for T-Mobile West,
L L C
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.
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C.Correspondence - (T here is no correspondence for Council review.)
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.
1.F inance Ad Hoc Committee (Chair Wales)
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 May, 22, 2017, November 13, 2017, November
27, 2017, December 11, 2017, March 26, 2018 Study Session
B .Minutes of the February 17, 2017 S pecial City Council Meeting
C.Minutes of the J anuary 22, 2019 Regular Council Meeting
D.Claims Vouchers (Coleman)
Claim vouchers 452445 through 452586 in the amount of $2,234,272.01 and six wire
transfers in the amount of $779,667.05 dated F ebruary 4, 2019.
Claim vouchers 452587 through voucher #452702 in the amount of $3,133,958.89 and
two wire transfers in the amount of $433,706.58 and dated February 19, 2019.
E .P ayroll Vouchers (Coleman)
P ayroll check numbers 538331 through 538343 in the amount of $572,118.02,
electronic deposit transmissions in the amount of $1,953,044.89 for a grand total of
$2,525,162.91 for the period covering J anuary 17, 2019 to J anuary 30, 2019.
P ayroll check numbers 538344 through 538358 in the amount of $235,471.39,
electronic deposit transmissions in the amount of $1,999,539.64 for a grand total of
$2,235,011.03 for the period covering J anuary 1, 2019 to February 13, 2019.
F.Confirm and Ratify Scheduling of the P ublic Hearing on the
Renewal of a Franchise A greement with T-Mobile West L L C
(Gaub)
Move to ratify and confirm the scheduling of a public hearing renewal of Franchise
A greement No. 13-37 for T-Mobile West, L L C to be held on February 19, 2019.
G.P ublic Works P roject No. C P 1815 (Gaub)
City Council to award Contract No. 19-03, to Transportation S ystems I nc. on their low
bid of $448,147.60 plus Washington S tate sales tax of $3,036.40 for a total contract
price of $451,184.00 for Project No. C P1815, 2018 Citywide A D A and Sidewalk
I mprovements P roject
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H.B rannan Park Baseball S ynthetic Turf (Faber)
City Council to award contract for Project C P 1817 to Coast to Coast Turf on their bid
of $611,289 for the purchase, base work and installation of synthetic turf at the B rannan
P ark B aseball F ield
(RE C O M M E ND E D AC T I O N: M ove to 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. 6711 (Coleman)
A n Ordinance of the City Council of the City of A uburn, Washington, establishing the
local sales and use tax rate for local revitalization financing for 2019
(RE C O M M E ND E D AC T I O N: M ove to waive Council Rules and
adopt Ordinance No. 6711)
X I .RE S O L UT IO NS
A .Resolution No. 5403 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
transfer of funds for the purpose of making a loan or loans from the sewer fund (fund
no. 431) and/or the storm drainage fund (fund no. 432) to the water fund (fund no. 430)
for up to a five-year period of time
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5403)
B .Resolution No. 5406 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an agreement between the City of A uburn and S eattle-K ing County
Department of Public Health to implement the 2019-2010 L ocal Hazardous Waste
Management Program and accepting program grant funds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5406)
C.Resolution No. 5407 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an agreement between the City of A uburn and K ing County to
implement the 2019-2020 Waste Reduction and Recycling Grant P rogram and
accepting program grant funds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5407)
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D.Resolution No. 5408 (Tate)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an I nterlocal Agreement between the City of A uburn, Burien,
Covington, Des Moines, F ederal Way, Kent, Normandy Park, Renton, Tukwila, and
K ing County, for the creation and operation of S outh King Housing and Homeless
P artners (S K HHP)
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5408)
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.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for renewal of Franchise Agreement No. 13-37
Date:
February 6, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6709
Franchis e Agreement No. 13-37 Ordinance No.
6491
Ordinance No. 6575
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of renewal of Franchise Agreement No.
13-37 for T-Mobile West, LLC.
Background Summary:
Per Chapter 20.06 of the Auburn City Code a public hearing shall be held to consider the
renewal of Franchise Agreement No. 13-37 for T-Mobile West, LLC to continue to operate at
specific locations within the City’s rights-of-way a wireless telecommunications system.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:February 19, 2019 Item Number:PH.1
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------------------------------
Draft Ordinance No. 6709
T-Mobile Franchise Agreement Renewal
December 19, 2018
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ORDINANCE NO. 6 7 0 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL
OF ORDINANCE NO. 6491 AND ORDINANCE NO. 6575 FOR
T-MOBILE WEST LLC, FRANCHISE AGREEMENT NO. 13-37
FOR A WIRELESS TELECOMMUNICATIONS SYSTEM
WHEREAS, on February 18, 2014, the City Council adopted Ordinance No.
6491, granting a site specific wireless telecommunications franchise to T-Mobile
West LLC; and,
WHEREAS, on January 19, 2016, the City Council adopted Ordinance No.
6575, amending Ordinance No. 6491 and adding an additional wireless site
location to T-Mobile West LLC’s franchise agreement,
WHEREAS, T-Mobile West LLC wishes to renew said Franchise Agreement
for an additional five year term; and
WHEREAS, following proper notice, the City Council held a public hearing
on T-Mobile West LLC’s request for renewal of Ordinance No. 6491 and Ordinance
No. 6575, at which time representatives of T-Mobile West LLC and interested
residents were heard in a full public proceeding affording opportunity for comment
by any and all persons desiring to be heard; and
WHEREAS, based upon the foregoing recital clauses and from information
presented at such public hearing and from facts and circumstances developed or
discovered through independent study and investigation, the City Council now
deems it appropriate and in the best interest of the City and its residents that the
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------------------------------
Draft Ordinance No. 6709
T-Mobile Franchise Agreement Renewal
December 19, 2018
Page 2 of 4
renewal of Ordinance No. 6491 and Ordinance No. 6575 be granted to T-Mobile
West LLC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The City approves T-Mobile West LLC’s application for renewal
for one five-year period as provided for in Section 3 of Ordinance No. 6491, a copy
of which is attached as Exhibit A, under the conditions set forth in this Ordinance.
Such five-year renewal period will commence on the effective date of this
Ordinance.
Section 3. T-Mobile West LLC will, within thirty (30) days after the effective
date of this Ordinance, file with the City, a fully executed Statement of Acceptance
of this Ordinance, which written acceptance will be Exhibit B, attached and
incorporated by this this reference.
Section 4. This Ordinance supersedes Ordinance No. 6491 and
Ordinance No. 6575 to the extent that it contains terms and conditions that change,
modify, delete, add to, supplement or otherwise amend the terms and conditions
of Ordinance No. 6491 and Ordinance No. 6575. All other provisions of Ordinance
No. 6491 and Ordinance No. 6575 remain unchanged and in full force and effect.
Section 5. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
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------------------------------
Draft Ordinance No. 6709
T-Mobile Franchise Agreement Renewal
December 19, 2018
Page 3 of 4
Section 6. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 7. Effective date. This Ordinance will take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Steven Gross, City Attorney
Published: _______________
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------------------------------
Draft Ordinance No. 6709
T-Mobile Franchise Agreement Renewal
December 19, 2018
Page 4 of 4
EXHIBIT “B”
STATEMENT OF ACCEPTANCE
T-Mobile West LLC., for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions and provisions of the Franchise
Agreement, Ordinance No. 6491 and Ordinance No. 6575, attached hereto and
incorporated herein by this reference as amended by Ordinance No. 6709.
T-Mobile West LLC
12920 SE 38th Street
Bellevue, WA 98006
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2019, 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:
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May, 22, 2017, November 13, 2017, November
27, 2017, December 11, 2017, March 26, 2018 Study Session
Date:
February 13, 2019
Department:
City Council
Attachments:
05-22-2017 Minutes
11-13-2017 Minutes
11-27-2017 Minutes
12-11-2017 Minutes
03-26-2018 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:February 19, 2019 Item Number:CA.A
Page 38 of 183
Page 1
CITY COUNCIL STUDY SESSION AND
SPECIAL FOCUS AREA
MAY 22, 2017 – 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Largo Wales called the meeting to order at 5:30 p.m. in the
Council Chambers, Auburn City Hall, 25 West Main Street in Auburn.
A. Roll Call
Councilmembers present: Deputy Mayor Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, and Yolanda Trout-
Manuel. Councilmember Rich Wagner arrived at 5:32 p.m.
Mayor Nancy Backus and the following department directors and
staff members present included: Innovation and Technology
Director Paul Haugan, Police Commander Steve Stocker,
Community Development and Public Works Director Kevin Snyder,
Assistant City Attorney Doug Ruth, City Engineer Jacob Sweeting,
Traffic Engineer James Webb, Assistant Director of Community
Development Services Jeff Tate, Project Engineer Ryan Vondrak,
Assistant Director of Engineering Services/City Engineer Ingrid
Gaub, Director of Administration Dana Hinman, Assistant Director
of Innovation and Technology Ashley Riggs, and City Clerk
Danielle Daskam.
II. ANNOUNCEMENTS, REPORTS AND PRESENTATIONS
A. NEXUS Presentation on Youth Homelessness (15 Minutes)
Michael Jackson with Nexus Youth and Families spoke about youth
homelessness in the Auburn area. He spoke about the need for
shelter and providing nutritious food to homeless youth during the
day.
Nexus has a 12-bed shelter for homeless children and young
adults. He spoke about providing homeless youth hope through
education and employment opportunities.
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City of Auburn Council Meeting Minutes May 22, 2017
Page 2
Mr. Jackson spoke briefly about the Indigenous Institute’s work on
a suicide prevention program in the Native American communities.
Mr. Jackson also spoke briefly about Severson House where youth
from the age of 13 to 24 years learn life skills and job skills.
Councilmember Baggett stated the YMCA has transitional housing
for young adults coming out of foster care. Mr. Jackson agreed the
YMCA program is very similar to services provided by Nexus.
Councilmembers thanked Mr. Jackson for the word he does for the
youth of the community.
B. Junior City Council Report on Youth Homelessness (10
Minutes)
Immediately following roll call, the Junior City Council presented
their report to the City Council on youth homelessness. Junior City
Councilmembers presenting this evening included Sydney
Campbell, Jon Kosaka, and Matthew St. George.
Sydney Campbell, chair of the Junior City Council, stated homeless
youth face three main issues: basic necessities, knowing how to
ask for help, and education.
Junior City Councilmember Jon Kosaka stated some homeless
youth lack basic necessities such as food and shelter. This can
have a damaging effect on their health and well-being. Often
looked down upon by society and are therefore neglected. Being
homeless also means lack of access medical services and to
proper hygiene such as shower and grooming. Lack of property
hygiene can contribute to lack of opportunity to improve life, such
as finding a job.
Junior City Councilmember Matthew St. George spoke about how
homeless youth may lack the ability to know how to ask for help.
Some of the kids don’t live with their parents and may live with a
relative or may live on the streets. Some of the kids that need
transportation are too shy to ask for help or are too embarrassed
about their situation. Some homeless children don’t have the
paperwork needed to be enrolled in school.
Junior City Council Chair Campbell stated that some of the
obstacles homeless youth experience in getting an education is
lack of resources to obtain school supplies. If they cannot afford
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City of Auburn Council Meeting Minutes May 22, 2017
Page 3
school supplies, they will be less likely to attend school. Also,
homeless youth are unable to participate in sports due to the
required fees.
Junior City Councilmembers spoke regarding bullying that
homeless youth experience at school.
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Deputy Mayor Selection Ad Hoc Committee Report
Councilmember DaCorsi stated the Deputy Mayor Selection Ad
Hoc Committee, comprised of himself and Councilmembers Trout-
Manuel and Peloza, reviewed several local jurisdictions processes
for designating their Deputy Mayor/Council President. The
Committee compared the cities of Tukwila, Lacey, Renton, Walla
Walla, Federal Way, Puyallup, Burien, SeaTac, and Kent.
Using a PowerPoint, Councilmember DaCorsi and Councilmember
Trout-Manuel provided the following information:
Auburn – Mayor/Council form of government
Selects Deputy Mayor annually, nominations by Council, elected by
majority vote of Council, and can serve more than one term if
elected to do so.
Tukwila – Mayor/Council form of government
Selects Council President annually on a rotation basis by seniority
of greatest consecutive years served. Councilmembers may opt
out of selection.
Lacey – Council/Manager form of government
Selects Mayor and Deputy Mayor annually, nominations by
Council, elected by majority vote.
Renton – Mayor/Council form of government
Selects Council President annually at the second regular Council
meeting in November. The Council President is selected from the
nominations by Council and upon a majority vote of the
Councilmembers present.
Walla Walla – Council/Manager form of government
Walla Walla does not have any written procedures. The Mayor and
Mayor Pro Tem are selected at the first regular meeting in January
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City of Auburn Council Meeting Minutes May 22, 2017
Page 4
of even years, nominations by Council, and elected by majority
vote.
Federal Way – Mayor/Council form of government
The Deputy Mayor is selected annually by a majority vote.
Puyallup – Council/Manager form of government
The Mayor and Deputy Mayor are selected biennially at the first
meeting of the new Council. The Councilmember with the highest
number of continuous years on the Council is selected to serve as
Mayor, and the Deputy Mayor is selected from nominations by
Council and majority vote.
Burien – Council/Manager form of government
The Mayor and Deputy Mayor are elected from the ranks of the
Council at the first regular meeting in January. Nominations are
made by Council and elected by majority vote.
SeaTac – Council/Manager form of government
The Chairperson/Mayor and Deputy Mayor are selected biennially
at the first meeting of the Council by majority vote.
Kent – Mayor/Council form of government
The Council President is elected every two years, nominations by
Council and elected by majority vote.
Councilmember Peloza distributed proposed revisions to section
12.1 of the Council Rules of Procedure in which the title would be
changed to “Council President”. The revisions to the Council Rules
call for the designation of the Council President on a seniority basis
on an annual basis. Seniority would be determined by number of
consecutive years served, the number of consecutive years and
months served and the number of votes received in the general
election. Councilmember Peloza also reviewed the process when
a Councilmember declines the appointment.
Councilmember Peloza reviewed the Mayor Pro Tem duties and
the Council President duties. Mayor Pro Tem Duties: 1) In the
event of the absence or incapacitation of the Mayor, the Council
President shall become the Mayor Pro Tem and shall perform the
duties of the Mayor; 2) The Mayor Pro Tem Shall not have authority
to appoint, remove, replace or take other similar action on any
director and/or employee of the City; 3) the Mayor Pro Tem shall
not have veto authority for actions that may be taken by the
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City of Auburn Council Meeting Minutes May 22, 2017
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Council; 4) Be aware of City, regional and intergovernmental
policies and activities in order to properly execute the role of Mayor.
Council President duties include: 1) The Council President shall
serve as the head of the legislative branch of City Government; 2)
In cooperation with the Mayor and Special Focus Area groups
chairpersons and with assistance from Administration, create and
establish agendas for all study sessions; 3) Serve as the chair and
presiding officer for all Council study sessions; 4) Preserve the
decorum and order at all Council study sessions; 5) Serve as the
ex-officio member of Council ad-hoc committees; 6) Serve as the
Councilmember overseeing the activities of and providing guidance
to the Junior City Council; 7) Assist in new Councilmember training;
8) Serve as the liaison between the City Council and the Mayor and
be a conduit between the City Council and the Mayor on issues or
concerns of the Council; 9) Facilitate any issue related to
Councilmembers conduct and/or actions that may be inappropriate
or that may be in violation of the Council Rules of Procedure.
Councilmember Wagner noted ten cities were compared, but only
one city selected the Deputy Mayor/Council President on a
seniority system. He stated he does not see the value of selecting
a Deputy Mayor/Council President on a seniority basis.
Deputy Mayor Wales requested a definition for the absence or
incapacitation of the Mayor.
Mayor Backus stated there is a difference between being out of the
office on business and being on vacation.
Councilmember Baggett inquired regarding succession should the
Mayor be incapacitated for a long term and not able to fulfill the
position. Councilmember DaCorsi stated the Deputy Mayor would
become the Mayor Pro Tem, until the next general election.
Councilmember Holman noted most of the Council/Mayor forms of
government elect their Deputy Mayor/Council President by majority
vote rather than by seniority. Councilmember Holman spoke in
favor the existing system for selecting Deputy Mayor.
Councilmember Wagner stated seniority is not a good
measurement of someone’s ability to serve as Deputy Mayor.
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City of Auburn Council Meeting Minutes May 22, 2017
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Councilmember Peloza spoke in favor of seniority basis and noted
the City of Tukwila process has worked for approximately twenty
years.
Councilmember Wagner stated the City of Tukwila is a much
smaller city and is not a good comparison.
Councilmember DaCorsi questioned whether existing provisions
should include some qualifications as part of the selection process.
Deputy Mayor Wales spoke in favor of the committee’s proposal as
it avoids competition among the Councilmembers.
Councilmember Baggett stated seniority should not automatically
entitle one to the position of Deputy Mayor. He suggested a
qualification process.
Councilmember DaCorsi agreed with Councilmember Baggett and
spoke about qualifications for Deputy Mayor.
Councilmember Trout-Manuel expressed support for
Councilmember Peloza and the proposed Deputy Mayor selection
system.
Councilmember Holman spoke in favor of retaining the existing
process.
Deputy Mayor Wales suggested looking at possible qualifications
as well as seniority. Deputy Mayor Wales asked the City Attorney
to prepare options for Deputy Mayor selection by seniority and
have the ad hoc committee pursue possible qualifications.
Councilmember DaCorsi, chair of the ad hoc committee, stated the
ad hoc committee would review options for qualifications before it
comes back to Council at the June 12th Study Session.
IV. PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS
At this time, Councilmember Wagner, chair of the Public Works and
Community Development Special Focus Area, presided over the following
special focus area discussion items.
A. IT Digital Parity Update
Innovation and Technology Director Haugan presented an update
on the Council digital parity project.
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City of Auburn Council Meeting Minutes May 22, 2017
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He asked the Council for guidance on the intended goals for
coverage—what percentage of the city coverage is the goal: full
city coverage, coverage for all students, or coverage of low-income
students based on Auburn School District data. The answers will
help determine the project cost projections.
Currently wireless coverage is: five percent of the city in area, six
percent of students, eight percent of residents, and 11 percent of
low-income students.
Councilmember Peloza urged Director Haugan to present the costs
associated with all the options for WIFI so that Council can make a
decision.
Councilmember Wagner stated it appears digital parity will cost
$1.2 million to cover 28 percent of students and $3 million to
provide 80 percent of the students with wireless coverage.
Councilmember Holman stated the goal for achieving digital parity
is to give low income students a fair playing field.
Director Haugan reviewed Option 1 for digital parity, which is a five-
year plan with funding of $250,000 per year and focusing on low
income in the Auburn School District.
Councilmember Wagner suggested Director Haugan provide costs
associated with annual maintenance.
Director Haugan spoke about the Community Connectivity
Consortium and its benefits to the City of Auburn.
At 7:18 p.m. the meeting recessed for 10 minutes for a brief
intermission. The meeting reconvened at 7:25 p.m.
B. Final Plat Approvals
Assistant Director of Community Development Services Tate
presented a proposal to amend the City’s final plat approval
process.
This year, Senate Bill 5674 was signed into law amending Chapter
58.17 RCW by establishing an option for local government to
change final plat approval from a City Council action to an
administrative action. Advantages to shifting authority from the City
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City of Auburn Council Meeting Minutes May 22, 2017
Page 8
Council to an administrative action saves the final plat applicant
approximately six to eight weeks. This is due to the time it takes to
prepare an ordinance, present the final plat at a study session,
present the final plat ordinance to Council for adoption, publish the
ordinance, and wait the five days after publication for the ordinance
to be in effect. The administration action will also save staff time in
preparation of the ordinance and agenda items.
Councilmembers indicated interest in pursuing the code change
and requested the ordinance appear on the June 12th study
session agenda and subsequent Council meeting
C. Capital Project Status Report
Assistant City Engineer Sweeting and Capital Projects Manager
Vondrak reviewed the capital projects program.
The Capital Projects Group of Community Development and Public
Works is currently managing 34 active capital projects with a total
cost of $62 million. Of these projects, 18 are under construction,
16 are in design, and nine additional projects will enter construction
phase this year.
The following projects were reviewed in detail: Project CP1218,
the Auburn Way South Corridor Safety Improvements
(Muckleshoot Plaza to Dogwood Street); Project C222A, the South
277th Corridor Capacity and Non-motorized Trail Improvements;
Project CP1507, Auburn Way North Preservation; Project CP1107,
Fulmer Wellfield Improvements; Project CP1415, West Main Street
Multi-modal Corridor and ITS Improvements; Project CP1511, M
Street SE Improvements (3rd Street SE to East Main); Project
CP1522, 30th Street NE Storm Improvements; and Project
CP1606, H St SE Extension.
Other projects that will start in 2017 include: Lake Tapps Parkway
Preservation, 37th and A Street SE Traffic Signal, 22nd and I
Street NE Intersection Improvements, M&O Building Roof
Replacement, B Street NW Reconstruction Project, Lea Hill PRV
Stations, 2017 Local Street Reconstruction, Auburn Way South -
ITS Dynamic Message Sign, and City-wide Sidewalk Repair and
Replacement.
Council also discussed Project MS1510, 104th Avenue Building
Demolition; Project CP1407, Marchini Meadows; Project CP1416, F
Street SE Non-motorized Improvements; Project CP1316, East
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Ridge Manor Storm Improvements; Project CP1406, Main Street
Signal Upgrades; Project CP1513, 22nd Street NE and I Street NE
Intersection Improvements; Project CP1520, B Street NW
Reconstruction; and the South Hangar – Row 3 Door
Improvements.
D. TIP Update Discussion
Traffic Engineer Webb presented the Council with the first review
of the 2018-2023 Transportation Improvement Program. A more
detailed review will be presented at the June 12th Council Study
Session.
Engineer Webb reviewed the annual TIP update process. He
reviewed the two new projects that will be added to the TIP as well
as a modification to TIP 14. The new projects include: Auburn
Way South (SR164) – Hemlock Street to Poplar Street to extend
the five-lane roadway section and A Street Loop – A Street SW to
A Street SE, to add a one-way westbound connection with an
unsignalized right-turn at A Street SE.
V. OTHER DICUSSION
Councilmember Peloza inquired regarding a new overlay on Riverview
Drive NE between 14th and 22nd. Assistant Director Gaub stated the new
overlay is likely related to levy work by the county and is not Auburn’s
project.
VI. NEW BUSINESS
There was no new business.
VII. MATRIX
Councilmember Peloza expressed dissatisfaction with the current Special
Focus Area schedule. He believes the Special Focus Areas need to meet
more often. Councilmember Trout-Manuel concurred.
Councilmember Wagner suggested the Special Focus Area chair and vice
chair meet with department directors to go over status of topics for the
Special Focus Area portion of study sessions.
Councilmember Trout-Manuel requested the following be placed on the
next Human Services Special Focus Area: 1) Grant parameters for 2019-
2020; 2)Staff Resources for Regional Domestic Violence Committee.
Councilmember Peloza requested the following topics on the Municipal
Services Special Focus Area: 1) Airport Briefing; 2) District Court Briefing
Page 47 of 183
City of Auburn Council Meeting Minutes May 22, 2017
Page 10
VIII. ADJOURNMENT
There being no further discussion, the meeting adjourned at 9:11 p.m.
APPROVED THIS 3rd DAY OF DECEMBER, 2018.
______________________________ _______________________
BILL PELOZA, DEPUTY MAYOR Shawn Campbell, City Clerk
Page 48 of 183
City of Auburn Council Meeting Minutes May 22, 2017
Page 11
Page 49 of 183
City Council Study Session HHS S FA
Nov ember 13, 2017 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Councilmember Yolanda Trout-Manuel called the meeting to order at 5:30 p.m.
in the C ouncil C hambers of A uburn C ity Hall located at 25 West Main Street in
A uburn.
A .Roll Call
Councilmembers present: Bob B aggett, Claude DaCorsi, J ohn Holman,
B ill Peloza, Yolanda Trout-Manuel, and Rich Wagner. Deputy Mayor L argo
Wales was excused.
Mayor Nancy Backus and the following department directors and staff
were present: C ity A ttorney D aniel B . Heid, Community D evelopment and
P ublic Works Director K evin S nyder, D irector of Engineering
S ervices/City E ngineer I ngrid G aub, Traf f ic Engineer J ames Webb,
I nnovation and Technology Director P aul Haugan, Parks, Arts and
Recreation D irector Daryl F aber, F inance Director Shelley Coleman,
A ssistant F inance Director Kevin Fuhrer, Director of Administration Dana
Hinman, Human S ervices Manager J oy S cott, and Deputy C ity Clerk
S hawn Campbell.
I I .A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS
There was no announcement, report or presentation.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Resolution No. 5317 - Grant Policy Update (10 Minutes) (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, approving the grant
management administrative policy
A ssistant F inance D irector F uhrer presented Resolution No. 5317. T he
resolution approves revisions to the City's administrative policies as they
relate to grant management.
The City receives federal grant awards which are subject to federal Office
of Management and Budget (O MB ) uniform guidance. O MB's uniform
guidance requires non-federal entities to have certain written policies and
Page 1 of 9Page 50 of 183
procedures to address the management of grant award funds. T herefore,
it is necessary to revise the existing City's administrative policy.
The purpose of the policies and procedures is to ensure that those within
the organization who carry out the objectives of the award understand:
the federal statutes, regulations, and terms and conditions of the
award
how to evaluate and properly monitor compliance
the steps to take if noncompliance is identified
The revised policy also includes a new section on Code of Conduct.
The resolution will appear before the Council at its next regular meeting for
approval.
B .Resolution No. 5326 (30 Minutes) (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an addendum to the agreement with the Auburn Valley Humane
S ociety to provide animal licensing services
Finance D irector C oleman presented R esolution No. 5326, approving an
addendum to the current contract with the Auburn Valley Humane Society
(AV HS ) to operate an animal shelter and related services. T he original
agreement was entered into on J anuary 1, 2012, and runs through
December 31, 2019.
The C ity currently administers animal licensing using a third party vendor.
The addendum provides for AV HS to undertake animal licensing through
the end of their contract. T he annual fee f or the new contract provision is
$140,250 plus one time costs f or set up. A dditional variable costs are
$5.55 per license issued.
Couniclmember Baggett questioned the cost to the city compared to the
current arrangement. D irector Coleman responded that the initial cost is a
little more, but over the two to three years of the contract the City will come
out ahead.
C.Ordinance No. 6664 - P roperty Tax L evy (15 Minutes) (Coleman)
A n Ordinance of the City Council of the City of A uburn, Washington, establishing the
levy for regular property taxes by the City of Auburn for collection in 2018 for general
city operational purposes in the amount of $21,548,429.00
Finance Director C oleman presented Ordinance No. 6664, which
establishes the property tax levy for collection in 2018 in the amount of
$21,548,429.
The 2018 levy is based on preliminary information f rom King County, and
represents a one percent increase of the prior year or an increase over the
2017 levy of $209,894 not including new construction and the ref und levy.
The estimated increase on new construction is $329,502 and the refund
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levy is $19,654. T he levy rate per $1,000 of assessed value is a little over
$2.04.
D.B udget A mendment #4 (Mid-Biennium Correction) (20 Minutes) (Coleman)
B udget A mendment #4 (Mid-Biennium Correction)
Finance D irector Coleman presented Ordinance No. 6666, amending the
2017-2018 Biennial Budget.
Director C oleman explained the ordinance represents the f ourth budget
amendment for the biennial budget and the first budget amendment for
2018. T he budget amendment was previously reviewed by Council at the
S eptember 25th study session. C hanges since the last review include
increased costs associated with the Central P arking Garage and
restoration of funding f or projects for which R E E T funding was diverted to
street preservation projects.
E .Resolution No. 5319 - 2018 Fee S chedule (15 Minutes) (Heid)
A Resolution of the City Council of the City of A uburn, Washington, amending the City
of Auburn F ee Schedule to adjust for 2018 fees
City A ttorney Heid presented Resolution No. 5319, setting the 2018 Fee
S chedule.
E ach year, the C ity reviews the fees f or city services to ensure the fees
are consistent with the costs to City. Councilmembers reviewed the
proposed fee schedule for 2018 and discussed the various changes and
updates.
F.Traffic I mpact F ee Update (10 Minutes) (S nyder)
Discuss the recommended update to the transportation impact fee program for 2018
A ssistant Director of E ngineering Services/City Engineer Gaub and Traffic
E ngineer J ames Webb presented the 2018 Transportation I mpact Fee
Update. A ssistant Director Gaub explained the impact fee updates are
included in Resolution No. 5319, the 2018 F ee Schedule, previously
discussed. This presentation provides more detail on the updates to the
traffic impact fees.
City E ngineer Webb explained the traffic impact fees are updated annually
to be consistent with the projects funding needs identified in the adopted
2018-2023 Transportation I mprovement Program (T I P ).
The update accounts f or changes to the project list, updated funding
needs, and the portion of each project's cost, which is attributable to new
development. The update also accounts for revised growth forecasts
developed as part of the Comprehensive Transportation Plan update.
These changes will ensure that the collection of impact f ees is consistent
with the road capacity projects identified in the T I P.
Traffic Engineer Webb reviewed the added and removed T I P projects, the
Page 3 of 9Page 52 of 183
increase per trip, and the D owntown Urban Center Z one rate. Traffic
E ngineer Webb also shared how the City's traffic impact fees compare to
other jurisdictions in the state.
G.2018 V R FA Fee S chedule Update (10 Minutes) (Snyder)
A ssistant Director of C ommunity Development Services J eff Tate
introduced A ssistant C hief Kevin Olson and A ssistant Fire Marshal L arry
Upton f rom the Valley Regional F ire A uthority (V R FA ). Assistant Director
Tate reviewed his memorandum in the agenda packet.
The V R FA is a separate municipal agency and provides f ire services to
A uburn, A lgona, and Pacific. W hile V R FA is a separate entity, V R FA has
a role in reviewing development proposals and conducting inspections
during the construction process. S ince the V R FA was established in
2007, the V R FA has collected fees for reviewing development plans and
conducting construction inspections. I n Auburn, the V R FA f ees are
collected by the City and distributed to the V R FA .
The V R FA fees have remained unchanged since 2008. The V R FA's
governing board is considering an update to the V R FA fees to be
consistent with current costs.
K evin Olson, Assistant Chief with V R FA , reviewed the changes to the
V R FA f ee schedule. He noted the proposed f ee schedule is a
responsible and accurate calculation that represents the true cost of
providing F ire Marshal Office services, fire ambulance transports, and
public disclosure request processing. A ssistant Chief Olson reviewed a
sample project and application of the 2018 fee schedule to the project.
H.Ordinance No. 6659 - S O D A Relating to New Gross Misdemeanor Violations
Concerning Drug-related Activities (15 Minutes) (Heid)
A n Ordinance of the City Council of the City of A uburn, Washington, amending Section
1.24.010 of the Auburn City Code and creating a new Chapter 9.24 of the A uburn City
Code relating to new gross misdemeanor violations concerning drug-related activities
City A ttorney Heid presented Ordinance No. 6659, the S tay Out of
Designated A rea (S O D A) ordinance.
The ordinance proposes to add a new C hapter 9.24 of the C ity C ode and
seeks to identif y certain areas within the city as being subject to an anti-
drug emphasis. T hose portions of the city that are identified as anti-drug
emphasis areas could be used as an enforcement tool for people
engaging in illegal drug activity in certain areas could be ordered to stay out
of those areas, and their f ailing to do so could constitute a public nuisance
and a violation of the law. City A ttorney Heid referred to similar ordinances
from the cities of Tacoma, L akewood, Marysville, E verett, Bothell,
S horeline, University P lace, and A rlington.
City Attorney Heid explained that if a person were convicted of a crime
involving illegal drug activity in a certain area of the city that has been
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identified as a drug emphasis area, the court order in the violation would
include a provision that restricts the violator from returning to that area.
Other than where the violator lives within one of the identified drug
enforcement areas, it would be advantageous for the C ity, the police and
neighbors to have people restricted from returning to locations where drug
activities were occurring.
The proposed ordinance is a valuable tool for the police, prosecutors and
courts to address recurring illegal drug activities in certain areas.
Councilmembers discussed the designated S O D A areas.
A t 6:55 p.m., C ouncilmember Trout-Manuel recessed the meeting for five
minutes for a brief intermission. T he meeting reconvened at 7:00 p.m.
I .Frequency of S pecial F ocus Area Meetings (10 Minutes) (Council)
Councilmember P eloza stated he brought the subject up a while ago. He
stated that rather than holding special f ocus areas more often, he urged
special focus area chairs to bring an item forward at any time under general
discussion. Councilmember Holman agreed.
Councilmember DaC orsi added it is important to allow staff to bring
forward items of significance during a general discussion session rather
than waiting for a special focus area agenda.
I V.HE A LT H A ND HUMA N S E RV I C E S D I S C US S I O N I T E MS
A .P resentation from B ookda Gheisar, King County I mmigrant and Refugee P olicy &
S trategy Analyst and Tim Warden-Hertz, Northwest I mmigrant Rights Project (60
Minutes)
B ookda Gheisar, K ing C ounty I mmigrant and Ref ugee P olicy and S trategy
A nalyst, and Tim Warden-Hertz, Directing A ttorney with the Northwest
I mmigration Rights Project, presented information on advancing equity and
opportunity for K ing County immigrants.
From 2000 to 2010 K ing County gained more than 200,000 new
residents, half of which were f oreign-born. New residents speak more than
170 languages. I mmigrants have lived and worked all over the world and
add diversity to the local economy, political climate and social fabric.
A ccording to the 2000 census, S outh King County underwent a more
dramatic shift in racial makeup than any other part of the P uget Sound
region in the past 10 years. New data shows that in City of B ellevue, 39
percent of the city's population is foreign born - almost double the amount
in King County as a whole, and nearly triple that of Seattle.
I n 2009, King C ounty passed Ordinance 16692 providing that individuals
will not be arrested or detained based on any warrant seeking the arrest of
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an individual based on their immigration status. T he ordinance also states
that otherwise required by law, any County office, department, employee,
agency, or agent shall not deny access to services to any individual or
family based on immigration status.
I nclusion efforts in 2015 included:
Ordinance 17886, an ordinance that severely limits the ability of US
I mmigration and C ustoms E nf orcement (I C E) from detaining an
individual who is in the custody of King County’s D epartment of Adult
and J uvenile Detention. The ordinance restricts the Department of
A dult and J uvenile Detention from honoring civil immigration
detainers except f or individuals who have committed one or more
violent crimes.
Welcoming County
Voting Rights: Expand from Chinese and Vietnamese to include
S panish and K orean
E xecutive declares support for Syrian refugees
I n October of 2015 Office of Equity and S ocial J ustice and Council
brought together a Task F orce of 13 members. T he task f orce members
partnered with community based organizations, service providers and
government entities to host more than 20 community conversations. Over
500 people participated in conversations throughout the County.
This process concluded in J uly of 2016 with a final report and
recommendations from the Task F orce to K ing County.
A major theme from the task force conversations was the desire to be
connected, engaged, healthy and successf ul. Common barriers that
immigrant and refugee communities face are: discrimination, language and
culture issues, difficulty understanding and navigating systems, insufficient
resources, and invisibility of communities.
Community members proposed changes in the f ollowing areas: investing
in immigrant and refugee communities, integration and civic engagement,
increasing government responsiveness, and addressing issues related to
immigration status.
I n response to the task force recommendation, King County E xecutive
Constantine created a commission that works to enhance the integration
of refugees and immigrants culturally, economically, and civically, in order
to strengthen the communities where they live.
The commission supported by a single staff member housed within Office
of E quity and S ocial J ustice. T here is a specif ic focus on understanding
and addressing challenges faced by communities living in suburban cities
and unincorporated areas of the C ounty. T he I mmigrant and Refugee
Commission and Of f ice act as a hub gathering all critical players together
to achieve greater impact.
Ms. Gheisar stated that in 2017 many of the County’s residents are faced
Page 6 of 9Page 55 of 183
with the real and potential threat of deportation and heightened racial
profiling in the name of immigration enf orcement. Others experience
explicit discrimination or crimes of hate based on national origin and
religion.
K ing County Executive Constantine and members of the K ing County
Council are establishing a one-time $1 million fund to create a legal
defense fund.
K ing C ounty funds have supported: a legal def ense f und to support the
naturalization process and f ight deportation, develop and distribute "Know
Your R ights" material and training throughout the county, and strengthen
information and response hubs operated by nonprofit organizations so that
everyone in K ing County knows where to go for resources, alerts, and
opportunities.
Mr. Warden-Hertz, D irecting Attorney with the Northwest I mmigration
Rights P roject in Tacoma, reported his organization f ocuses on legal
services for persons detained by I mmigration Services. T he Tacoma
office also provides comprehensive immigration legal services for low-
income people in Washington S tate. T he Northwest I mmigration Rights
P roject has f our of f ices in Washington State: S eattle, Tacoma,
Wenatchee and Granger.
During the first 100 days of this year, agents with I C E's field office in
S eattle arrested 1,070 people in Washington, Oregon, and Alaska — a 33
percent increase over the same time period last year. T he number of
people arrested with no criminal history rose by more than 360 percent.
I mmigration reports show there are 446 immigration court cases that are
currently open where the non-citizen is from the Auburn/F ederal Way area.
Twenty-three of those were filed in the past 90 days.
A ccording to Mr. Warden-Hertz, Washington strives to be a welcoming
place for immigrants and refugees. Recent changes in federal immigration
policies and practices have caused fear and uncertainty in communities.
Questions have been raised by local governments and other entities
endeavoring to protect immigrants’ rights while appropriately responding to
federal authorities.
I n A pril 2017 Washington State Office of the Attorney General, Bob
Ferguson, released guidance on immigration enforcement.
Under F ederal law, 8 U.S.C. sec. 1373 prohibits cities f rom limiting
communication to federal immigration. E xecutive orders have tried to label
jurisdictions and coerce local cities and local enforcement to be involved in
federal immigration enf orcement. F ederal Courts have enjoined any
withholding of funds from local jurisdictions as they are likely
unconstitutional under the 10th A mendment. Currently, there is no
jurisdiction in Washington S tate that violates 1373.
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Mr. Warden-Hertz spoke about statistics f or sanctuary versus non-
sanctuary cities.
Ms. Gheisar and Mr. Warden-Hertz responded to questions from Council
on the benefits of putting the City's practice in ordinance form.
B .Community Development B lock Grant A ction Plan Update (15 Minutes) (Hinman)
Director of Administration Hinman introduced the City's new Human
S ervices Manager, J oy S cott. Ms. Scott presented the Community
Development Block Grant 2018 A nnual A ction Plan.
Manager S cott brief ly reviewed the C ommunity Development Block Grant
(C D B G) program. T he C D B G E ntitlement Program provides annual
grants on a formula basis to entitled cities to develop viable urban
communities. P rojects must: align with HUD’s National Objectives, be
eligible under Housing and Urban Development’s (HUD ) guidelines, and
benefit low and moderate income persons.
Manager S cott reviewed examples of eligible activities for C D B G funds
and reviewed some of the C ity's C D B G projects, past and present. S he
spoke about the ongoing housing repair program, employment training
programs, healthcare to under and uninsured Auburn residents, small
business assistance, L es G ove B athroom A D A updgrade, Downtown
B usiness Facade improvements, and S haughnessy P ark improvements.
Manager S cott reviewed the C D B G administrative requirements, including
a f ive year Consolidated P lan, eligibility reviews, Annual Action P lans,
Consolidated A nnual Performance E valuation Report (C A P E R), annual
subrecipient monitoring, financial management, and project management.
Manager S cott provided an overview of the 2018 A ction P lan. T he
expected C D B G f unding allocation f or 2018 is $428,078. T he f unding will
be allocated among public services, housing repair, and administration.
Following a public comment period and public hearing, the Action P lan will
be presented to Council on December 18th for adoption.
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
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Councilmember Holman recommended removing the item for L egal
Rights for Undocumented Residents in light of the presentation tonight
from Northwest I mmigration Rights Project.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting adjourned at 8:22 p.m.
A P P R O V E D this ______ day of _______________________, 2019.
_________________________________ __________________________
B I L L P E L O Z A , D E P UT Y MAYO R S hawn Campbell, 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 9 of 9Page 58 of 183
City Council Study Session Finance -
Econ Dev S FA
Nov ember 27, 2017 - 5:30 P M
Council Chambers - City Hall
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor L argo Wales called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall located at 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor L argo Wales, C laude DaCorsi,
J ohn Holman, B ill P eloza, Yolanda Trout-Manuel, and Rich Wagner.
Councilmember B ob Baggett was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: F inance Director S helley Coleman, Human
Resources and Risk Management Director R ob R oscoe, Community
Development and P ublic Works Director Kevin S nyder, P arks, A rts and
Recreation D irector D aryl F aber, A ssistant D irector of Engineering
S ervices/City E ngineer I ngrid G aub, P olice C ommander Mike Hirman,
City Attorney Daniel B . Heid, Traffic Engineer J ames Webb, P lanning
S ervices Manager J eff Dixon, Utilities E ngineering Manager L isa Tobin,
Director of Administration Dana Hinman, I nnovation and Technology
Director Paul Haugan, A ssistant D irector of C ommunity Development
S ervices J eff Tate, and City Clerk Danielle Daskam.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
Councilmember Holman announced he is participating in "No-S have November"
to bring awareness to men's health and wellness.
Councilmember P eloza noted The Auburn Reporter's article on retiring
Councilmember Rich Wagner.
A n additional item regarding Customer S ervice Dilemmas, was added to the
agenda under I tem added I I I .G of the agenda.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Traffic Calming P rogram Discussion (S nyder) (20 Minutes)
A ssistant Director of E ngineering Services/City Engineer Gaub and Traffic
Page 1 of 10Page 59 of 183
E ngineer Webb presented information on the Traf f ic Calming P rogram,
including how traffic calming locations are identified, how staf f evaluate
potential traffic calming locations, the measures or options that staff
consider when traffic calming is appropriate, and a summary of the various
traffic calming measures implemented in the last year.
Traffic calming improves safety by reducing speed and changes travel
patterns.
The annual budget for traffic calming measures is $100,000 and is funded
with R E E T2 funds.
A ssistant Director Gaub stated the City receives traffic
concerns/complaints from a number of sources, including I ndividual
citizens/businesses, neighborhood Homeowner’s Associations, and
the A uburn P olice Department.
The next step is to speak with the individual or group who brought the
concern f orward, conduct a radar speed study (24 hrs f or 7 days), and then
evaluate the radar data and the road’s characteristics.
A ssistant Director Gaub stated the C ity uses its own guidelines and the
National Engineering S tandards when evaluating potential traffic calming.
The Nationally Accepted S tandard is 85th percentile speed. T he City’s
traffic calming thresholds are based on 85th percentile speeds--5 mph
over the posted speed limit for local streets and 10 mph over the posted
speed limit for arterial and collector streets.
A ppropriate next steps can include:
No action, police enforcement, a neighborhood survey, or installation
of traffic calming features, or any combination of these.
The road’s characteristics: classif ication, layout – potential diversion
to a parallel street, roadway alignment and grade, transit route, school
bus route, snowplow route, etc.
I s a neighborhood study needed – if the measure identified has the
potential to create noise, inconvenience, or in some other way impact
the neighborhood, the neighborhood residents are surveyed to
determine what the whole neighborhood wants to do. T he process
may have started from only one individuals complaint. A majority
response from those that do respond and may take several attempts
to get sufficient response, at least 50% of the neighborhood being
surveyed.
Traffic Engineer Webb discussed the primary traffic calming tools: speed
cushions, raised crosswalks, speed feedback signs, road surface changes
- high f riction surface treatment, traf f ic islands, and roadway narrowing.
Traffic Engineer Webb discussed the pros and cons of each.
Page 2 of 10Page 60 of 183
A ssistant Director Gaub provided a recap of traf f ic calming measures
taken in 2017:
Conducted 40+ speed studies
I nstalled Radar Feedback Signs in three locations
I nstalled speed cushions on one local street
I nstalled High F riction S urf ace Treatment in one location on a
principal arterial street
Completed a road diet on one minor arterial street
Referred 10 areas to A uburn P olice for E mphasis on Traffic
E nforcement
Councilmember P eloza recommended a radar speed study on S cenic
Drive. Assistant Director Gaub stated radar speed studies have already
been conducted, and they have not exceeded the 85th percentile to
warrant traffic calming.
Deputy Mayor Wales question whether staff collects post installation data
to determine success. Assistant D irector Gaub stated it depends on the
situation, but provided an example on O S treet S E where a post radar
speed study revealed a considerable speed reduction.
B .Resolution No. 5330 - Deed Restriction (S nyder) (10 Minutes)
Restrictive Covenant for Mill Creek Restoration P roject
Community Development and P ublic Works Director Snyder presented
Resolution No. 5330, authorizing a deed restriction-restrictive covenant for
City-owned parcels 1221049037, 1221049038, 1221049039 and
1221049007 as a condition of a Washington State Department of Ecology
grant.
I n 2014, the City was awarded a $532,000 C ompetitive Floodplain
Management and Control Grant for the Mill C reek Wetland 5K Ecosystem
Restoration Project for the purchase of approximately 21 acres of land
comprised of four parcels from W illiam M. Calhoun and Carolyn M.
Calhoun. T he Washington State Department of E cology requires the City
to execute and record a deed placing a restrictive covenant on the
purchased properties. T he recorded deed restriction is intended to enable
floodplain protection and/or restoration and to prevent f uture development
of the affected parcels of land.
The resolution will appear before Council at its next regular meeting.
C.Ordinance No. 6667 - 2017 Comprehensive Plan Map and Text A mendments (Snyder)
(15 Minutes)
A dopting the 2017 Annual Comprehensive P lan map and text amendments
P lanning S ervices Manager D ixon reviewed Ordinance No. 6667
amending the Comprehensive P lan to include 2017 Annual
Comprehensive P lan Map and Policy/Text A mendments and four
Page 3 of 10Page 61 of 183
associated rezones.
A t the end of 2015, the City adopted a substantially revised
Comprehensive P lan.
Comprehensive P lan amendments can be initiated by the City and by
private citizens. T his year, the C ity is initiating nine policy/text amendments
and seventeen map amendments. A lso, the C ity received one private-
initiated Plan Map amendment.
The C ity is limited to amending its Comprehensive P lan once a year,
except in limited circumstances.
Comprehensive P lan amendments are initially reviewed during a public
hearing process bef ore the P lanning Commission, who then provides a
recommendation to the City Council. T he P lanning Commission held
public hearings on O ctober 18 and November 1, 2017. T he P lanning
Commission recommended approval of all proposed amendments.
Manager D ixon ref erred to staff report of the agenda packet f or a
complete description and depiction of the C omprehensive Plan
amendments:
P /T #1 – A uburn S chool District 2017-2023 Capital Facilities P lan
P /T #2 – Dieringer S chool District Capital F acilities Plan 2018-2023
P /T #3 – F ederal Way School District 2018 Capital F acilities Plan
P /T #4 – Kent S chool District 2017/2018 – 2022/2023 Capital
Facilities P lan
P /T #5 – City of A uburn 2018-2023 Capital F acilities Plan
P /T #6 - Remove the discussion of a "Mixed Use" land use
designation from the text of the Plan and from the L and Use Map.
P /T #7 - A dd text to add back the R-5, Residential zoning district
back in as an implementing zone for the "Single F amily" L and Use
Designation.
P /T #8 - C hange the title of the land use designation of "Residential
Transition" to "Moderate Density Residential".
P /T #9 - A dd the "R -10, Residential" & R-16, Residential" zoning
districts back as implementing zones f or the "Residential Transition"
or if recommended, to the "Moderate Density R esidential" L and Use
Designation.
C P M #1 - Remove the “Mixed Use" land use designation remove
category from the legend of the L and Use Map.
C P M #2 - Change the mapped land use designation of a 0.98-acre
city-owned park parcel from "Multiple F amily R esidential" to
"I nstitutional".
C P M #3 - C hange the mapped designation of a group of 4 privately-
owned, previously developed parcels from "Downtown Urban
Center" to "L ight I ndustrial".
C P M #4 Change the mapped designation of south part of 2.15-
acre, privately-owned, developed parcel from "Residential
Page 4 of 10Page 62 of 183
Transition" to "Heavy Commercial“.
C P M #5 - C hange the mapped land use designation of 3 parcels (2
privately-owned and 1 city-owned) from the "O pen Space" to
"Downtown Urban Center“ land use designation.
C P M #6 - Change the mapped land use designation (and zoning
district) of various city-owned, parks properties from "Open S pace"
to "I nstitutional" land use designation.
C P M #7 - C hange the mapped land use designation of 3 Tribal
parcels from the "Open S pace" to the "I nstitutional" L and Use
designation.
C P M #8 - Change the mapped land use designation of 2 parcels
from "S ingle Family Residential" to "L ight C ommercial" and to
change the zoning designation from “R5, R esidential” to “C 1, L ight
Commercial” to agree.
C P M #9 - C hange the mapped land use designation of 2 privately
owned vacant parcels at S E corner of S E 312th S T & 121st P L S E
from "Multiple F amily Residential: to "L ight Commercial".
C P M #10 - Change the mapped land use designation of a privately
owned 0.91-acre parcel near the intersection of 124th AV S E & S E
307th P L from "Multiple Family Residential" to "S ingle F amily
Residential"
C P M #11 - Change the mapped land use designation of a privately-
owned, 13.84-acre parcel addressed as 521 - 8T H S T S W. from
"Heavy I ndustrial" to "L ight I ndustrial".
C P M #12 - Change the mapped land use designation of 7.2-acre
private parcel located NW of intersection of Mill P ond D R S E and
K ennedy AV S E from "S ingle F amily R esidential" to "Multiple F amily
Residential".
C P M #13 - Change the mapped land use designation of a group of
10 adjacent parcels located north side of Auburn W Y S , east of
A cademy D R S E f rom "S ingle F amily Residential" to "Multiple
Family Residential".
C P M #14 - C hange the mapped land use designation of 23 parcels
located at various locations in downtown f rom "I nstitutional" to
"Downtown Urban Center ‘.
C P M #15 - Change the mapped land use designation of numerous
parcels within the L akeland Hills S outh P UD from "Residential
Transition" to "Moderate Density Residential“ and “Multiple F amily
Residential”.
C P M #16 - C hange the mapped land use designation of 0.21-acre
city-owned stormwater facility on the south side of 35th St S E , from
"I nstitutional" to "Multiple Family Residential".
C P M #17 - Change the mapped land use designation of an
approximately 0.71- acre privately-owned parcel located east of end
of B S T S E between 15th and 16th S T S E from "Residential
Transition" to "Multiple Family Residential".
Nexus Youth & Families to change the mapped land use designation
of 3 parcels from “S ingle Family” with a “R esidential Transition
Overlay” to “L ight Commercial” and change the zoning designation
from “R-7, Residential” to “C-1, L ight Commercial”.
Page 5 of 10Page 63 of 183
The Planning Commission recommends City Council approval of the
Comprehensive Plan A mendments P /T #1-9, C P M #1 – 17, and the
private map amendment and the related rezone (zoning map amendments)
associated with C P M #6, #7, & #8 and associated with the private map
amendment.
D.Ordinance No. 6668 - 2018 School I mpact Fees (S nyder) (10 Minutes)
A mending Auburn City Code relating to school impact fees
P lanning S ervices Manager J ef f D ixon presented Ordinance No. 6668,
amending City Code to adjust school impact fees.
Chapter 19.02 addresses the establishment, calculation, collection and
amendment of school impact f ees within the school districts that are within
the boundaries of the city of Auburn. T he four school districts within
A uburn are: A uburn, Dieringer, Federal Way, and K ent.
Ordinance No. 6668 will adjust the school impact f ees f or 2018 based on
the Capital F acilities Plans submitted by the school districts.
The Capital Facilities Plans that were approved by each of the school
boards contain proposed school impact fees f or each of the D istricts. T he
requests for adjustment of the school impact fees are required to be
submitted concurrent with the submittal of the Capital F acilities P lans. A
separate letter request is only required to be submitted to the City when
the fee adjustment is requested to increase.
P er City Code, the City Council is not obligated to accept the fees
proposed by the School Districts and may establish fees that the Council
determines are more appropriate and consistent with the public's interest in
reasonably mitigating school impacts within the affected portion of the city.
P lanning Manager D ixon noted the D ieringer S chool District is requesting
increases in both single-f amily dwellings and multiple f amily dwellings.
The 2018 impact f ee for single-family is proposed to be $3,760 (an
increase of $360) and the impact f ee f or multiple family dwellings is
proposed as $1,081 (a decrease of $678). However, in the past the City
has adopted fees consistent with those assessed by Pierce County.
P ierce County routinely establishes a uniform rate for all districts within
their jurisdiction and only makes yearly adjustments based on the
Consumer P rice I ndex. T herefore, a lesser school impact of $3,485 for
single f amily residential and $1,081 for multiple f amily residential is
recommended.
P lanning Manager D ixon noted the F ederal Way S chool District Capital
Facilities P lan identifies a significant increase in the single f amily school
impact fee of $6,842 (a $3,644 increase) and a multiple f amily dwelling
impact f ee of $20,086 (a $11,700 increase). Manager D ixon reported the
Federal Way S chool District explained two factors contributed to their
Page 6 of 10Page 64 of 183
requested changed. T he S chool District stated that f or many years no
multiple f amily dwelling developments occurred, so they were using the
K ing County average. Subsequently there were three large multi-family
developments that occurred and generated a substantial increase in the
student generation rate for the developments.
Councilmembers discussed the regional impact of Federal Way School
District's multiple family dwelling school impact fee.
The ordinance will be presented to the C ity Council on D ecember 4th for
action.
E .K ing County F ranchise Fee (S nyder) (10 Minutes)
Utilities E ngineering Manager L isa Tobin presented information on K ing
County's franchise f ees. K ing County passed O rdinance 18403 that
requires utility providers with franchise f acilities in King County's right-of-
way (R O W ) to pay an annual fee for use of their R O W. T he City of
A uburn's water, sewer, and storm utilities each have a f ew facilities that are
in unincorporated K ing County and within the City's utilities service area.
Manager Tobin illustrated three small areas that affect the City's utilities.
The annual fee for the franchise fee is $2,000 to be shared by the three
utilities.
The question bef ore Council is to either pass the fees on to non-City
residents who are water and sewer utility customers or pay the fees from
the utility operating fund and factor it into the rates for all customers.
Councilmember Holman stated the City Council can annex the areas and
avoid the fees from K ing County. He suggested the City annex the areas.
A ssistant Director Gaub noted the most southern area is within the F ederal
Way potential annexation area.
Deputy Mayor Wales suggested F inance Director Coleman provide the
estimated cost f or the City to be able to bill the customers in the affected
areas.
Councilmembers expressed an interest in discussing annexation of the
areas and the legality of the fee being assessed by King County.
F.Ordinance No. 6669 - Auburn Poet L aureate (F aber) (10 Minutes)
A mending Auburn City Code relating to the Auburn Poet L aureate
P arks, Arts and Recreation Director F aber presented Ordinance No.
6669, which amends Auburn City Code S ection 2.82.02 relating to the
A uburn Poet L aureate. T he purpose of the amendment is to expand the
residency requirement of the P oet L aureate and allow the selection and
recruitment of a Poet L aureate to be based on their work, the quality and
subject matter, their involvement in the literary community, and how their
experiences and sensibilities could relate to A uburn. T he residency
Page 7 of 10Page 65 of 183
requirement is extended to North Pierce County and South K ing County.
A t 6:48 p.m., D eputy Mayor Wales recessed the meeting for a brief
intermission. The meeting reconvened at 7:00 p.m.
G.Customer Service Dilemma
A ssistant Director of Community Development Services Tate recalled that
on August 28, 2017, staff presented Council with an overview of various
types of development activities. As part of the presentation, he reviewed
typical customer service dilemmas and considerations throughout the
development/construction process. City staff have assembled a series of
real life customer service dilemmas. T he first two customer service
dilemmas were discussed on October 9, 2017. Assistant D irector Tate
stated staf f is not necessarily seeking a directive from C ouncil but to
initiate a discussion about balancing priorities and competing interests.
The following scenarios were discussed:
S cenario 3 dealt with an engineer representing a developer who insists on
submitting development plans f or a new project although the submittal
package is incomplete. Many Councilmembers expressed objection to
allow anyone to submit an incomplete development package.
S cenario 4 dealt with a property owner who wishes to convert an older
single f amily residence to an of f ice for an attorney's office. T he zoning
allows for the conversion but the upgrades and increased parking trigger a
requirement that right-of-way improvements must be made. S idewalks,
landscaping, curbs, power lines, and lighting must all be brought up to
current code. T he C ity Code does not grant authority to staff to waive the
authority. Several Councilmembers commented the C ode should be
reviewed to potentially allow staff the discretion to deviate from the
requirements.
I V.F I NA NC E A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
Councilmember R ich Wagner, vice chair of the Finance and Economic
Development S pecial F ocus A rea, presided over the meeting during discussion
of the Special Focus A rea items.
A .Third Quarter 2017 F inancial Report (Coleman) (30 Minutes)
Finance Director Coleman presented the third quarter 2017 Financial
Report.
Through S eptember 2017 General F und revenue totaled $47.4 million
compared to a budget of $46.7 million and $733,000 higher than budget
expectations. General F und expenditures through the third quarter totaled
$47.9 million compared to a year-to-date budget of $52.5 million,
representing an 8.7% favorable variance.
Director Coleman reviewed the following revenues: property tax, sales
Page 8 of 10Page 66 of 183
and use tax, sales tax on construction, utility tax, cable f ranchise fee, cable
utility tax (new), business licenses, building permits fees,
intergovernmental revenue (grants), charges f or services, development
service fees, culture and recreation, fines and penalties, miscellaneous
revenues, real estate excise tax, and pet licensing.
Councilmember Peloza requested information on the police extra duty
contracts.
Councilmember Peloza questioned the amount of unpaid fines. City
A ttorney Heid stated the collection of court fines is controlled by K ing
County District Court, which allows payment over a long period of time.
Finance Director C oleman also reviewed the f ollowing funds: F und 102
Capital P roject E xpenditures, F und 103 L ocal Street F und, F und 105
Capital P roject Expenditures, utility f unds, including discussion of water
revenue versus water sold, and Cemetery.
B .Ordinance No. 6665 - B udget A mendment No. 3 (Coleman) (15 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
Ordinance No. 6621, the 2017-2018 B iennial B udget, as amended by Ordinance No.
6646 and Ordinance No. 6656, authorizing amendment to the City of A uburn 2017-
2018 Budget as set forth in S chedule "A" and Schedule "B "
Finance D irector Coleman presented Ordinance No. 6665, amending the
2017-2018 B iennial B udget. T he amendment is the third budget
amendment for the 2017-2018 biennium and the f inal amendment for
calendar year 2017. A ll projects/programs are underway and a budget
amendment is requested to ensure suf f icient budget authority to meet
anticipated expenditures by year end.
Director Coleman reported the net impact of the amendment across all
funds is $750,000 with approximately $500,000 in solid waste for
increased roll-off revenue and expenditure to ref lect increased quantities.
Director Coleman reviewed the summary of proposed budget
adjustments.
C.Council Budget P riorities (Coleman) (30 Minutes)
Councilmember Wagner reported he and C ouncilmember B aggett
discussed the agenda item, which is preparatory to the 2019-2020 B udget.
Director Coleman ref erred to the Council's C ity-wide goals and priorities.
Director C oleman suggested the Council update the goals and priorities to
better define them and identif y the strategies and activities to achieve
them.
Director Coleman stated Mayor Backus would like to schedule a budget
workshop to focus on establishing new C ouncil goals, review of the budget
document, and long-term planning for operations and capital. Mayor
B ackus stated the budget workshop will be scheduled for sometime in
Page 9 of 10Page 67 of 183
February.
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
Councilmember P eloza suggested adding a cemetery update, a Sister
Cities update, and a multi-media and website presentation to the matrix.
Councilmember Trout-Manuel suggested adding an update on Court
domestic violence filings to the matrix.
Councilmember Holman suggested adding a presentation on the model
domestic violence firearms program to the matrix.
Councilmember DaC orsi suggested adding a follow-up on homelessness
to the matrix.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting adjourned at 8:40 p.m.
A P P R O V E D this _____ day of _____________________, 2019.
_____________________________ _____________________________
B I L L P E L O Z A , D E P UT Y MAYO R S hawn Campbell, 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 10 of 10Page 68 of 183
City Council Study Session P W C D S FA
December 11, 2017 - 5:30 P M
Council Chambers - City Hall
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor L argo Wales called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall located at 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor L argo Wales, B ob Baggett,
Claude DaC orsi, J ohn Holman, B ill Peloza, Yolanda Trout-Manuel, and
Rich Wagner.
Mayor Nancy Backus and the following department directors and staff
members were present: I nnovation and Technology Director Paul
Haugan, City Attorney Daniel B. Heid, Community D evelopment and
P ublic Works Director Kevin Snyder, P olice C ommander Mike Hirman,
A ssistant D irector of E ngineering S ervices/City E ngineer I ngrid Gaub,
P arks Planning and Development Manager J amie Kelly, Traffic E ngineer
J ames Webb, Assistant C ity E ngineer J acob Sweeting, C apital P rojects
Manager R yan Vondrak, Street Systems Engineer J ai Carter, Code
E nforcement Officer George W inner, and Deputy City C lerk S hawn
Campbell.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
Deputy Mayor Wales announced she would like to add discussion of Deputy
Mayor transition and whether the Council will hold a study session meeting on
December 26th.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
There was no item under general discussion.
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
Councilmember Rich Wagner, chair of the P ublic Works and Community
Development S pecial F ocus A rea, presided over the meeting during discussion
of the Special Focus A rea items.
A .Discussion of Digital Parity Goal (Haugan)(15 Minutes)
I nnovation and Technology Director Haugan updated the C ouncil on
Council Goas G 2: I ncrease I nternet Access to Achieve Digital Parity by
Page 1 of 10Page 69 of 183
2020.
Director Haugan referred to the recap of work accomplished in 2016-2017
included in the agenda packet, but stated his f ocus this evening is on
Council's goals for coverage. The recap reported major infrastructure to
include unconnected parts of the City through partnerships. P roject
locations for 2018 include: A uburn High School, Cascade High S chool,
L ea Hill Elementary, and Olympic Middle School.
Focusing on coverage goals of C ouncil, Director Haugan referred to a
cost estimate sheet included in the C ouncil packet. The target coverage
goal has been broadband coverage for low income students. T he 80
percent coverage target equates to approximately 54 percent of residents.
B udget estimates equates to $2.7 million for the target audience, and $6.2
million for 80 percent of all residents. I mplementation timeline is anywhere
from five to ten years.
Director Haugan asked C ouncil for their consideration of coverage goals
and how much of budget the Council wants to allocate to the effort.
I n response to a questions f rom Council, D irector Haugan stated
approximately 3,000 users access the broadband on a daily basis.
A ccess A uburn is not available f or entertainment f eatures. T he City
partners with Wave Broadband, Z ayo, and Verizon to provide broadband
services.
Councilmember Holman stated C ouncil's original goal was to benefit low
income students and it should be kept that way. He spoke in f avor of the
goal of 80 percent of low-income students.
Councilmember P eloza expressed concern about the funding costs while
there are funding needs for homelessness, roads and other issues.
Deputy Mayor Wales stated Council needs to address other primary
responsibilities of the C ity before a decision is made on the level of
broadband coverage.
Councilmember D aCorsi spoke in f avor of focusing on coverage for 80
percent of low income students. Deputy Mayor Wales and
Councilmember Trout-Manuel agreed.
Councilmember P eloza stated he would also like to see an option f or 50
percent of target coverage.
Director Haugan stated funding would be considered during the 2019-
2020 budget process.
B .Centers Designation Overview (Snyder)(10 Minutes)
A ssistant D irector of Community D evelopment S ervices Tate, Assistant
Page 2 of 10Page 70 of 183
Director of Engineering S ervices/City E ngineer Gaub, and Brian P arry,
S enior P olicy Analyst with S ound Cities Association presented Council
with inf ormation regarding the Puget Sound R egional Council (P S R C)
centers designation.
The term "centers designation" or "regional centers" has been in place and
utilized in regional planning f or the last thirty years. T he current framework
includes two types of centers: regional growth centers and regional
manufacturing and industrial centers. A uburn has one P S R C regional
growth center in the downtown area. Auburn does not have a regional
manufacturing industrial center.
The City uses the center designation in its applications to P S R C for
regional and countywide federal grant funds in the S urface Transportation
P rogram and the C ongestion Mitigation and Air Q uality P rogram. Having
a designated center allows the City to be more competitive in the grant
process.
A n area designated as a center carries several requirements and
objectives related to the type of designation. T hese include: establishing
growth targets, adopting land use policies and regulations that are
consistent with growth targets, implementing capital f acilities and
transportation plans that emphasize pubic investment in these areas, and
evaluating how these areas are performing relative to adopted policies and
strategies.
P S R C is currently working through an effort to update the "centers
framework" which outlines updated criteria for designation of the various
different types of centers and evaluating the perf ormance of a center.
The effort is expected to conclude in 2018.
Councilmember Holman reporting the P S R C Growth Management Policy
B oard has eliminated any tiering options.
C.Capital P roject S tatus Report and 2017 Year End Summary (Snyder)(10 Minutes)
A ssistant D irector of E ngineering S ervices/City E ngineer G aub, Assistant
City E ngineer J acob Sweeting, and Capital P rojects Manager Ryan
Vondrak presented the capital projects status report and the 2017 year
end summary of capital projects.
A ssistant Director Gaub reviewed the accomplishments of 2017. I n 2017,
the C ity advertised f or bid 20 significant construction projects and
continued five other capital projects from 2016. T he combined projects
totaled over $31 million in capital construction expenditures, including over
30 lane miles of new pavement, 6,500 linear f eet of utilities, and f our miles
of sidewalks.
Councilmembers reviewed the Capital P roject S tatus R eport and
discussed the following projects: P roject C P 1502 37th Street S E and A
Page 3 of 10Page 71 of 183
S treet Traf f ic S ignal, Project C P 1317 Water Meter and B illing S ystem
I mprovements, P roject C P 1701 A uburn Way South D ynamic Message
S ign, P roject C P1408 S outh Hangar R ow 3 Door I mprovements,
MS 1716 37th Street NE and I Street NE Curb Ramp I mprovements,
P roject C P1705 A uburn Way S outh Sidewalk I mprovements, and
C P1513 22nd and I S treet NE I ntersection I mprovements.
D.Resolution 5323, Amendment to the Transit S ervice Direct Financial P artnership
A greement (S nyder)(5 Minutes)
A ssistant Director of E ngineering Services/City Engineer Gaub and Traffic
E ngineer J ames Webb presented R esolution No. 5323, approving the
fourth amendment to the Transit Service Direct F inancial P artnership
A greement.
ln 2008, the City entered the original agreement to provide additional
transit service within the city, and in 2010 implemented the L akeland Hills-
A uburn Sounder S tation Shuttle S ervice (Route 497). T he fourth
amendment provides increased shuttle service on Route 497 to meet
increased weekday trains.
The agreement splits the costs of the Route 497 shuttle service three
ways between the City, K ing County Metro, and P ierce Transit. T he
additional costs to the City to provide the service is $29,472 for 2018.
I n 2016, the annual ridership of Route 497 was at 67,250 boardings.
Through October of 2017, the annual ridership was already at 65,372
boardings.
E .Resolution No. 5335, I nterlocal Agreement regarding S C AT B d (S nyder)(10 Minutes)
Mayor B ackus followed up on Council discussion held on October 23,
2017, regarding the S outh K ing County A rea Transportation Board
(S C AT B d) I nterlocal A greement revisions.
The B oard is comprised of elected officials representing S outh K ing
County jurisdictions for the purpose of information sharing, consensus
building and coordinating to resolve transportation issues, identifying
priorities, making recommendations, and promoting transportation plans
and programs that benefit the South King County area. T he revised
agreement provides two additional jurisdictions with voting rights on Sound
Transit issues, while the two additional jurisdictions area outside the Sound
Transit area. Concerns have been expressed about jurisdictions outside
the S ound Transit area voting on Regional Transit Authority issues, and
Mayor Backus indicated a further revised interlocal may be forthcoming.
The current interlocal agreement expires D ecember 31, 2017. T he
changes to the interlocal agreement provide clarif ying language as to the
role of S C AT Bd and various entities’ voting rights. T he proposed
interlocal will run through 2019 with the ability to extend through 2021.
Page 4 of 10Page 72 of 183
The resolution approving the interlocal agreement will be presented to
Council at a future meeting.
F.118th Avenue S E Roadway (Snyder)(10 Minutes)
A ssistant Director of Engineering Services/C ity E ngineer Gaub presented
information on 118th Avenue S E R oadway. S he recalled that last A ugust,
the City received a petition regarding 118th Avenue S E f rom S outh 304th
S treet northward to the end of the existing road. T he petition was
submitted by 18 of the 34 properties that access 118th Avenue S E and 29
residents of the City of K ent. T he petition requests the City consider re-
building a portion of the roadway.
The street was originally built by K ing County. I t was a dead end road until
2008 when the B ridges D evelopment was connected under permits by
K ing County and the City of K ent. T he street was annexed to the C ity of
A uburn in 2008.
The roadways classifications are as follows: residential collector from S E
304th S treet to S E 302nd S treet; and local residential f rom S E 302nd
S treet to S E 296th P lace, however, this section should be re-classified to
a residential collector as this is how it operates.
Crash history along 118th since 2008 includes three crashes (2 were
single vehicle crashes). None involved pedestrians or bicycles.
Roadway P avement Conditions are 82 and 95. T he street is not a
candidate for preservation work.
The City has received complaints of street racing and speeding in the
area.
I n response to the complaints, the City has installed additional signage,
reduced the speed limit to 25 MP H, installed 20 MP H warning speed
signage (where appropriate), installed additional pavement markings,
added a speed radar sign on southbound lanes, and a speed radar sign on
northbound side is in process.
P olice enforcement from September 2014 to August 2017 included 84
traffic infractions and 16 criminal traf f ic citations. T he area is a known area
for emphasis patrols and speed enforcement.
A ssistant D irector G aub discussed the work suggested by the petitioners.
The work requested would include the f ollowing: reconstruction of
approximately 400 feet of roadway, construction of retaining walls,
reconstruction of approximately seven private driveways. T he project
would not include widening, sidewalks, drainage, curb and gutter, and
lighting. T he estimated cost would be $842,000. T he project would not
be eligible for preservation funds or traffic impact fees.
Page 5 of 10Page 73 of 183
Director Gaub proposed the following next steps: continue Police
emphasis patrols and speed enf orcement, continue to monitor
incidents/speed, and evaluate effectiveness of traffic calming measures.
The meeting recessed at 7:06 p.m. for a seven-minute intermission. T he
meeting reconvened at 7:13 p.m.
G.Development Regulations Update, Round 2 (Snyder)(15 Minutes)
A ssistant Director of Engineering S ervices/City E ngineer Gaub and
A ssistant Director of Community Development Services Tate presented
the Council with information on code updates and development
regulations.
A ssistant D irector Tate explained that Mayor Backus had directed staff to
put together potential code amendments intended to eliminate or ease
some of the challenges that developers and City staff f ace when reviewing
development proposals and at the same time gain greater efficiency and
flexibility without compromising the greater objectives that the code was
intending to achieve. On May 8, 2017, staff presented the initial list of
potential code changes to City Council. Assistant Director Tate directed
the Council's attention to the list of potential code changes contained in the
agenda packet.
A ssistant Director Tate asked f or feedback on the list and process. He
stated staff would like to come to Council a couple times a year to update
code.
There was discussion regarding the first item of the matrix relating to
residential density and the new items on the list starting with construction
job shacks, fee assessment and collection, D UC standards, fence height,
landscape maintenance bonds, and threshold for S E PA categorical
exemptions.
H.L ea Hill Road & 104th Avenue P ark - F uture Plans (S nyder)(15 Minutes)
A ssistant D irector of E ngineering S ervices/City Engineer Gaub and P arks
P lanning and Development Manager J amie K elly presented inf ormation on
future plans for L ea Hill Road and 104th Avenue P ark. A ssistant Director
Gaub spoke about the potential roadway improvements along the L ea Hill
Road/8th Street NE corridor, and Manager K elly reviewed the future plans
for the park at 104th Avenue S E.
Manager K elly, using a P owerPoint slide of the park area reviewed the
preliminary plan f or the park. The cost estimate for developing the park is
$1.7 million. P otential funding sources include grants f rom the state under
Recreation and C onservation Of f ice f or water access and local park
construction, and the land water and conservation fund for playgrounds and
picnic shelters. Park impact fees would provide the City match f or any
grants. T he park area is 14 acres, and 20 to 30 parking spaces are
planned. Access to the park will be via 104th Avenue S E .
Page 6 of 10Page 74 of 183
Deputy Mayor Wales requested a report f rom staf f regarding park
maintenance responsibilities.
A ssistant Director Gaub reviewed the L ea Hill Road corridor project. T he
project will be developed in three segments:
S egment 1 – R Street NE to 105th Pl S E
S egment 2 - 105th P l S E to 112th Ave S E
S egment 3 – 112th Ave S E to 124th Ave S E
The roadway will be widened to four lanes with pedestrian and bike
facilities. I ntersection improvements will be constructed to address
capacity and saf ety. T he project will require the closure of 102nd Avenue
S E from L ea Hill Road/8th Street NE and an alternative access to 104th
Ave S E .
The estimated cost is $30 million. The City has been purchasing right-of-
way properties as they become available.
I .2018 A rterial and L ocal Street S election (Snyder)(10 Minutes)
A ssistant D irector of E ngineering S ervices/City E ngineer Gaub and Street
S ystems E ngineer J ai C arter presented a review of the 2018 arterial and
local street preservation projects scheduled for 2018 in the amount of $7.3
million.
E ngineer C arter reviewed the grant f unded 2018 reconstruction projects:
277th Street Preservation, 15th Street NW /NE Preservation, and West
Valley Highway between S R 18 off ramp and Peasley Canyon Road.
L ocal street reconstruction projects for 2018 are: South 286th S treet,
122nd Avenue South, K S treet NE, and 17th Street NE .
Deputy Mayor Wales inquired about the gravel road on 25th Street S E
near C edar L anes Park. Assistant Director Gaub stated earlier P ublic
Works Committee recommendation was to use reconstruction f or paved
roads and not construction of new roads such as the gravel road.
Construction of the road would require acquisition of properties and
installation of all utilities.
E ngineer Carter reported the 2018 Citywide P atch and Overlay Project will
include all of the non-grant f unded arterial preservation streets as well as
the local streets that are to receive a thin overlay.
Councilmember DaCorsi suggested Council review new projects in more
detail and have Council prioritize the projects.
Councilmember Trout-Manuel suggested an ad hoc committee to review
new projects and make a recommendation to staff.
Page 7 of 10Page 75 of 183
Councilmembers DaCorsi, Trout-Manuel and Baggett volunteered to serve
on the ad hoc committee.
J .P lanning Commission Recommendation – Amending Title 18 as it Relates to
Calculating Residential Densities (Snyder)(20 Minutes)
A ssistant Director of Community Development Services Tate presented
the P lanning Commission's recommendation on amendments to Title 18
related to calculating residential densities.
A ssistant D irector Tate reported the P lanning Commission held a hearing
on September 6th and subsequently made a recommendation that the City
Council amend various sections of Title 18 as they relate to the
methodology used to calculate residential densities when subdividing
land. The P lanning C ommission voted in favor of all but one of staff's
recommended code changes.
The first change relates to a shif t from utilizing "Net S ite Area"
methodology to a "Gross S ite Area" methodology. T he net side area
meant that areas of land must be removed from a property before
determining the potential number of lots that can be created through a
subdivision. A shif t to gross site area establishes a simple and predictable
formula for calculating density. Density output is based on the raw acreage
of the land. C ritical area regulations must still be adhered to, roads and
sidewalk designed accordingly, minimum lot sizes achieved, minimum lot
widths adhered to, setbacks met, coverage limits complied with, and all
other development standards addressed.
The next change allows for the administrative decision to waive the
requirement to meet minimum density when a lot is encumbered by critical
areas, conservation easements, utility easements, or other encumbrances
that make it impractical to meet the density requirement.
The recommendation also allows the exemption of short subdivisions ( 9
lot subdivisions or less) from the requirement to meet minimum density.
The P lanning Commission also recommended eliminating the requirement
that all subdivisions adhere to a "Minimum Average L ot A rea."
S t a f f made a recommendation to the Planning Commission that they
consider reducing the minimum lot size in the R5 zone from 6,000 square
feet to 4,500 square feet. The rationale for this modification is to create
more flexibility in the design of residential communities and more
opportunity to achieve a zoning designation's intended density. S taff
indicated that the singular effect of this change would be a potential
reduction in the size of a back yard. T he P lanning Commission did
recommend approval of the lot size reduction for the R5 zone.
I n response to a question from Councilmembers, A ssistant D irector Tate
Page 8 of 10Page 76 of 183
indicated the C ity is unable to meet most of its growth targets right now.
There are a f air number of 5-10 acre properties in the C ity that can be
developed.
Deputy Mayor Wales stated there are many people who do not want to
care for a yard or need a large yard.
Councilmembers spoke about adapting to the times and transitioning from
a suburban area to a more metropolitan city. C ouncilmembers indicated a
willingness to consider a reduction in lot size in the R5 zone.
K .Dangerous Dogs (L ee)(10 Minutes)
P olice Commander Mike Hirman and Code Enforcement Officer (former
A nimal C ontrol Officer) George W inner reviewed potentially dangerous
and dangerous dog regulations and designations.
I n 2016, the number of animal service calls were 1,883 and so far in 2017
there are 1,649 calls. I n 2016, 186 animal related reports and
investigations were conducted, and so far in 2017, 160 reports have been
completed.
There are currently 372 dogs that have registered with the City exclusively
due to the dog's breed. Of the 372 registrations, 216 are pit bull terriers or
a mix of the breed. T here are currently 13 dogs that are registered with the
City as Designated P otentially Dangerous and 12 D angerous Dog
registrations.
Commander Hirman reported that currently both Animal C ontrol Officer
positions are vacant and applicants are being recruited.
The A nimal Control Officers do not followup on all potentially dangerous
dogs based on breed. Having to followup on 372 registered dogs would
be very time consuming. P ro-active measure in the future could be in the
form of more community awareness and education as to the dangerous
dog ordinance and its requirements.
Councilmember P eloza stated the City needs a program to f ollowup on
dangerous dogs.
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
Page 9 of 10Page 77 of 183
Councilmember Wagner suggested adding the R E A D Y Program to the
matrix under Health and Human S ervices.
Councilmember P eloza stated the items for Sister Cities, Cemetery, and
Multimedia will be held on J anuary 8, 2018.
Deputy Mayor Wales suggested cancelling the December 26th study
session. T here was no objection from Councilmembers.
I t was noted that the selection of Deputy Mayor will be conducted at the
J anuary 2, 2018 meeting.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting adjourned at 9:28 p.m.
A P P R O V E D this ______ day of J anuary, 2019.
______________________________ _____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Shawn Campbell, 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 10 of 10Page 78 of 183
City Council Study Session HHS S FA
March 26, 2018 - 5:30 P M
Council Chambers - City Hall
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor Bob B aggett called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bob B aggett, L arry Brown,
Claude DaCorsi, J ohn Holman, Bill P eloza, Yolanda Trout-Manuel and
L argo Wales.
Mayor Nancy Backus and the following department directors and staff
members were present: Director of Human Resources and Risk
Management Rob Roscoe, A ssistant Police Chief Mark Callier, Director of
Finance Shelley Coleman, Director of Public Works I ngrid Gaub,
A ssistant Director of P ublic Works Randy B ailey, Engineering Manager
L isa Tobin, Community Healthcare Consultant P at B ailey, City A ttorney
Daniel Heid, Real P roperty Analyst J osh A rndt, E conomic Development
Manager Doug L ien, Director of Parks & Recreation Daryl Faber, Director
of Administration Dana Hinman Deputy City Clerk Shawn Campbell.
I I .A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS
There was no announcement, report or presentation.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .P rivate S ervice L ine Warranty P rogram (30 Minutes) (Gaub)
Manager Tobin and Dennis Lyon with the National L eague of Cities
S ervice presented Council with an update on the P rivate S ervice L ine
Warranty P rogram. Manager Tobin explained the responsibility of the City
and homeowner when service lines need repaired, cost of typical sewer
and water repairs and recapped Councils concerns using the City logo,
potential increase in claims against the City and reluctance sharing
customer contact information.
Mr. Lyon covered the program benefits; helps address aging
infrastructure, no cost for the municipality to participate, free public
awareness campaign, educates homeowners about their lateral line
Page 1 of 4Page 79 of 183
responsibilities and all repairs performed to code by local licensed
contractors. Mr. Lyon also discussed what the coverage includes, their
marketing approach, other municipal partners and the program successes.
Council discussed how the contractors are vetted, Mayor Baker of the City
of K enmore endorses the program and believe that this program would be
a great benefit to the residents and should brought forward for
consideration.
B .Ordinance No. 6680 - B udget A mendment No. 5 (15 Minutes) (Coleman)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
Ordinance No. 6621, the 2017-2018 B iennial B udget Ordinance, as amended by
Ordinance No. 6646, Ordinance No. 6656, Ordinance No. 6665, and Ordinance No.
6666, authorizing amendment to the City of Auburn 2017-2018 B udget as set forth in
S chedule "A" and Schedule "B "
Director Coleman presented Council Budget Amendment No. 5 to the
2017-2018 biennium budget. T he amendment will carry forward capital
projects and other contract budgets that were not completed in 2017 and
to establish budget spending authority for new programs and other
changes in 2018.
Council discussed the increased revenues for the P arks Department, the
increased budget for the central parking garage, the proposal for a new
vehicle for Animal Control and early replacement of a sewer truck.
C.E conomic Development Update (20 Minutes) (Hinman)
This item was moved to after the Health and Human services section of
the agenda.
S enior Partner J eff Marchell and Senior Consultant Caroline A lexander
with T I P Strategies and Matt Anderson with Heartland presented Council
with an update on the Ten-Year Economic Development Strategic P lan.
Mr. Marchell reviewed the national trends with the U.S. unemployment rate,
retail and online retail sales, construction rate and priorities for 2018. Ms.
A lexander reviewed trends in A uburn for jobs, unemployment, retail trade,
manufacturing, construction, expected industry growth and commuters. Mr.
A nderson discussed the market assessment, industrial rental rate, vacancy
trends, market capacity, industrial and office development opportunity
areas, recruitment focus and efforts, organization structure and
budget, and implementation progress.
Councilmember Wales suggested the City look at additional annexation
areas.
I V.HE A LT H A ND HUMA N S E RV I C E S D I S C US S I O N I T E MS
A .Healthy Auburn Update (15 Minutes) (Hinman)
Consultant Bailey and Director Hinman provided Council with the B lue
Page 2 of 4Page 80 of 183
Ribbon Committee 2017-2018 annual update and reviewed the strategy
matrix, accomplishments and goals related to behavioral and mental health
issues including; 100% of A uburn P harmacies stock Narcan/Naloxone,
presented R.E.A . D.Y. P rogram (Real E mergency A id Depends on You)
to 500 people in Auburn, sent 35 powerpoint presentations to other
organizations, posted the R.E .A.D.Y. P rogram on F acebook and YouTube
and translated the program into Spanish, created Healthier by the Minute
videos, an annual vaccination program, breast feeding campaign and other
programs related to healthy weight, child health, prevention and treatment
of chronic disease, and programs for special populations including; aging
and veterans.
Council discussed watching the R.E .A.D.Y. P rogram D V D, having a
mental health and veterans care center in Auburn, requested a report on
how many people need housing and mental health assistance, and having
Narcan available in schools.
Councilmember Trout-Manuel called for a recess at 7:25 p.m. and the
meeting reconvened at 7:30 p.m.
B .C D B G 2017 Consolidated Annual P erformance E valuation Report (C A P E R) (10
Minutes) (Hinman)
Director Hinman and Manager Scott presented Council with the year
end Community Development Block Grant (C D B G) report, reviewed the
2017 Consolidated A nnual Performance and Evaluation Report (C A P E R),
and discussed HUD's reporting requirements to receive C D B G funds and
future goals to preserve and provide affordable housing, economic
development and public services.
Councilmember B rown asked if the C D B G funds will continue to be
funded with the Federal budget and was advised by Manager S cott that it
will be the same as previous years.
V.O T HE R D I S C US S I O N I T E MS
Councilmember Trout-Manual advised Council that J udge Tucker would
like to come do a presentation on May 14, 2018 on King County District
Court fees.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the Matrix, no changes were made.
Page 3 of 4Page 81 of 183
V I I I .A D J O UR NME NT
There being no further discussion, the meeting adjourned at 8:55 p.m.
A P P R O V E D this 4th day of F ebruary, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Shawn Campbell, 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 4 of 4Page 82 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 17, 2017 Special City Council Meeting
Date:
February 13, 2019
Department:
City Council
Attachments:
02-17-2017 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:February 19, 2019 Item Number:CA.B
Page 83 of 183
Special City Council Meeting
February 17, 2017 - 2:00 PM
Council Chambers
MINUTES
I. CALL TO ORDER
Mayor Nancy Backus called the special meeting to order at 2:00 p.m. in
the Council Chambers of Auburn City Hall, 25 West Main
ROLL CALL
City Councilmembers present: Deputy Mayor Largo Wales, Bob Baggett,
Claude DaCorsi, John Holman, and Rich Wagner. Councilmember Bill
Peloza arrived at 2:40 p.m. Councilmember Yolanda Trout-Manuel was
excused.
II. DISCUSSION ITEMS
A. Economic Development Strategic Plan
1. Strategic Plan Summary
2. Workshop Format
3. 2017 Retail Activity and Update
4. Review of Goals
5. Prioritize Strategies and Budget Alignment
Economic Development Manager Lein introduced Jeff Marcell from
TIP Strategies and Aaron Farmer from The Retail Coach.
Mr. Marcell explained the priorities for the first two years include
formalizing departmental involvement in strategies, hiring
consultants or position partner organizations for tasks and hiring
additional staff. Each area will have four focus areas; delivery,
product, place and messaging. Each focus area has multiple
strategies to help implement it and each strategy has multiple tasks.
Not all tasks will take the same time or resources, a portion of some
tasks are being completed currently by staff while others are not. If
the City chooses to allocate no addition resources or staffing
the Ten Year Economic Development Strategic Plan will only be
partially achievable.
Mr. Marcell stated Retail Coach suggests the City have a retail focus
area that includes Auburn Way South, Auburn Way North,
Robertson Group property, Lakeland Hills, the downtown area and
the Outlet Collection area. The City will need to identify retailers and
shoppers for each focus area. Retail Coach has identified a retail
gap that identifies sales leakage (when auburn residents purchase
Page 1 of 4
Page 84 of 183
products and services outside the city). The City can use this
information to work with developers to recruit the needed
businesses.
Councilmember DaCorsi asked if there is a plan to tie the retail
focus areas together or keep them separate. Mr. Farmer
stated since the City of Auburn has to provide consumers something
that appeals to them in order to bring the people to the areas, they
recommend looking for ways to tie the retail focus areas together.
Mr. Farmer reviewed the primary retail trade area and the secondary
trade area. Councilmember Wagner stated he believes the City
should use a larger area to attract more businesses.
Mr. Farmer stated the City will need to use the data regarding the
median age of the residents to find businesses to serve those
demographics. Currently residents are spending $1.5 billion outside
the City. He stated as a municipality the City will have to recruit the
businesses. The Retail Coach is focusing on developer recruitment
and retailer development.
Councilmember Wagner stated he does not want to ignore the
internet sales. Mr. Farmer explained only about 10% of all retail
sales are online the remaining 90% of sales are at brick and mortar
locations.
Mr. Marcell reviewed to componets of the Strategic Plan. He started
with the Strategic Opportunity areas; delivery, product, place and
messaging. The performance indicators include the tax base, market
and employment.
Councilmember DaCorsi asked about a city slogan. Mr. Marcell
explained a slogan does not have a great return on investment.
Deputy Mayor Wales stated the slogan "More Then You Imagined"
works well for the parks department. If the City is going to have a
slogan, then there may need to be more than one.
Manager Lein explained that the department directors met and
focused on the four areas of the plan and broke each area down into
tasks. The four focus areas are delivery, product, place and
messaging. He explained that each focus area has multiple
strategies and each strategy has multiple tasks. Not all tasks will
take the same amount of time or resources. Some tasks can be
accomplished with existing staff and some will take additional
employees. If the City does not hire the additional staff the Ten Year
Economic Development Strategic Plan is only partially achievable as
adopted.
Page 2 of 4
Page 85 of 183
Mr. Marcell shared the approach for implementation support for the
first two years. Including formalizing departmental involvement in
strategies, hiring consultants or partners for tasks the City should
not do on its own and hiring additional staff.
Mr. Marcell explained the opportunity areas designated within the
plan; Delivery - a comprehensive service delivery system that
actively identifies and advances economic development
opportunities in Auburn; Product - an inventory of sites, a business
climate and a physical environment that foster business growth and
ensure a resilient employment base; Place - attractive gateways,
impression corridors and destinations that define the character of
Auburn and Messaging - a coordinated marketing and branding
campaign that elevates Auburn's reputation among internal and
external audiences. They discussed the recommended approach for
each opportunity area and the requirements for implementation.
Mayor Backus stated she has asked staff to bring forward the funds
required for the additional staff for Council's consideration.
Councilmember Wagner stated he believes it would help to have a
person whose job is to provide customer advocacy.
Deputy Mayor Wales stated she thought a portion of the business
development position should be dedicated to help business owners
work with the City.
Councilmember DaCorsi asked how the City of Auburn generates
business tourism. Mr. Marcell explained his company will go out and
introduce the business community to Auburn.
Mr. Marcell explained the next steps for his office will be to provide
the TIP Workshop Outcome report including budget
recommendations, department evaluations and implementation
contractors and partners, an ongoing plan for implementation and
action refinement plan and a year-end check in and performance
matrix update and adjustments.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 3:46 p.m.
APPROVED THE ______ DAY OF SEPTEMBER,
2017.
Page 3 of 4
Page 86 of 183
__________________________ ______________________________
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
Page 4 of 4
Page 87 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 22, 2019 Regular Council Meeting
Date:
February 13, 2019
Department:
Administration
Attachments:
01-22-2019 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:February 19, 2019 Item Number:CA.C
Page 88 of 183
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Page 95 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
February 13, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers
Background Summary:
Claim vouchers 452445 through 452586 in the amount of $2,234,272.01 and six wire
transfers in the amount of $779,667.05 dated February 4, 2019.
Claim vouchers 452587 through voucher #452702 in the amount of $3,133,958.89 and two
wire transfers in the amount of $433,706.58 and dated February 19, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:February 19, 2019 Item Number:CA.D
Page 96 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouc hers (Coleman)
Date:
February 13, 2019
Department:
City Counc il
Attachments:
No Attac hments Available
Budget Impact:
Current Budget: $0
Proposed Revis ion: $0
Revis ed Budget: $0
Adminis trative Rec ommendation:
Approve Payroll Vouchers
Background Summary:
P ayroll c hec k numbers 538331 through 538343 in the amount o f $572,118.02, elec tronic depos it
trans mis s ions in the amount of $1,953,044.89 for a grand total of $2,525,162.91 for the period
covering January 17, 2019 to January 30, 2019.
Payroll c hec k numbers 538344 through 538358 in the amount of $235,471.39, electronic deposit
trans mis s ions in the amount of $1,999,539.64 for a grand total of $2,235,011.03 for the period covering
January 1, 2019 to February 13, 2019.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Coleman
Meeting Date:February 19, 2019 Item Number:CA.E
Page 97 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Confirm and Ratify Scheduling of the Public Hearing on the
Renewal of a Franchise Agreement with T-Mobile West LLC
(Gaub)
Date:
February 13, 2019
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Per Chapter 20.06 of the Auburn City Code a public hearing shall be held to consider the
renewal of Franchise Agreement No. 13-37 for T-Mobile West, LLC to continue to operate at
specific locations within the City’s rights-of-way a wireless telecommunications system.
Because of the meeting canceled for weather conditions, there was not enough time to get
prior approval to set the public hearing. The date of the public hearing was set by the City
Clerk, and notice was properly published. The City Council is asked to ratify the scheduled
hearing.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:February 19, 2019 Item Number:CA.F
Page 98 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1815 (Gaub)
Date:
February 12, 2019
Department:
Public Works
Attachments:
Bid Tabulation Summary
Budget Status Sheet
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No. 19-03, to Transportation Systems Inc. on their low bid of
$448,147.60 plus Washington State sales tax of $3,036.40 for a total contract price of
$451,184.00 for Project No. CP1815, 2018 Citywide ADA and Sidewalk Improvements
Project.
Background Summary:
This project will build and upgrade the pedestrian network at various locations throughout
Auburn. Project improvements are targeted to increase accessibility by removing barriers to
access, completing gaps in the pedestrian network, and fixing areas where citizens have
made requests for accessibility corrections. The project will repair damaged sidewalks, install
new curb ramps, rebuild existing curb ramps to meet ADA requirements, and build new
sidewalk segments to fill in gaps in the pedestrian network.
This project was bid with a Base Bid and one Additive Bid as follows:
Base Bid
The following sites were included in the base bid:
Site #2, Intersection of 10th Street NE and “D” Street NE
Site #3, North Division Street (South of 2nd Street NW)
Site #4, Intersection of 9th Street SE and “H” Street SE
Site #5, Intersection of “R” Street SE and Howard Road E
Site #6, “K” Street SE (South of 21st Street SE)
Site #7, Intersection of Alpine Street SE and 27th Street SE
Site #8, 29th Street SE (South of “L” Street SE)
Site #9, “M” Street SE (Between 33rd Street SE and 37th Street SE)
Additive Bid
Site #1, 28th St NE (West of “I” Street NE) was included as an Additive Bid.
The City received 5 responsive bids and the low bid was approximately 2% below the
Page 99 of 183
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that Transportation Systems Inc. meets the responsible bidding criteria and
recommends award of the project (Base Bid plus the Additive Bid) to the low bid contractor.
Construction is anticipated to begin in March 2019 and be completed in June 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:February 19, 2019 Item Number:CA.G
Page 100 of 183
Basic BID Amount Total BID Amount Total BID Spread $Total BID Spread %
LOW BIDDER:Transportation Systems, Inc $448,147.60 $451,184.00 -$9,083.20 -1.97%
Second Bidder:Rodarte Construction $551,512.00 $554,833.10 $94,565.90 20.55%
Basic BID
(Tax not included)
Total BID
(Including tax)
1.Transportation Systems, Inc $448,147.60 $451,184.00
2.Rodarte Construction $551,512.00 $554,833.10
3.Sound Pacific Construction $577,552.00 $581,120.30
4.Global Contractors, LLC $600,021.12 $604,395.12
5.R.W. Scott Construction $656,867.00 $661,823.50
6.NOVA Contracting, Inc Non-Responsive
NOTE: An evaluation of whether a bidder is responsible or non-responsible was only made for the low bidder. This does not indicate, one way or the other, how other bidders would be considered if they were the low bidder.
Bid Tabulation - Bid Totals Summary
Project: CP1815, 2018 Citywide ADA and Sidewalk Improvements , 19-03
Prepared By: City of Auburn
Bid Date: Feb. 7, 2019
W/O Tax Inc. Tax
ENGINEER'S ESTIMATE:$457,172.50 $460,267.20
AVERAGE BID AMOUNT:$566,819.94 $570,671.20
2/7/2019 Page 24/24
Bid summary and award include additive bid schedule "F".
Page 101 of 183
Project No: CP1815 Project Title:
Project Manager: Aleksey Koshman
Project Initiation
Project Initiation (PMP) Date: March 16, 2018 Project Update (January)
Advertisement Date: February 7, 2019 Contract Award
Award Date: February 19, 2019 Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
001 Engineering General Fund 90,240 37,000 127,240
328 Fund 298,100 298,100
460 Fund 40,000 40,000
CDBG Fund 146,867 146,867
568 Fund 20,000 20,000
Total 90,240 541,967 632,207
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 90,240 7,000 97,240
Construction Contract Bid 451,184 451,184
Authorized Construction Contingency 53,783 53,783
Construction Engineering - City Costs 30,000 30,000
Total 90,240 541,967 632,207
2017 2018 2019
Future Years Total
001 Fund Budgeted ( )(90,240) (37,000) (127,240)
001 Fund Funds Needed 90,240 37,000 127,240
001 Fund Project Contingency ( )0 0 0
Other Funds Required 0 0 0
2017 2018 2019
Future Years Total
328 Fund Budgeted ( )0 (298,100) (298,100)
328 Fund Funds Needed 0 298,100 298,100
328 Fund Project Contingency ( )0 0 0
Other Funds Required 0 0 0
2017 2018 2019
Future Years Total
430 Fund Budgeted ( )0 (40,000) (40,000)
430 Fund Funds Needed 0 40,000 40,000
430 Fund Project Contingency ( )0 0 0
Other Funds Required 0 0 0
2017 2018 2019
Future Years Total
*CDBG Funds Budgeted ( )0 (146,867) (146,867)
CDBG Funds Needed 0 146,867 146,867
CDBG Fund Project Contingency ( )0 0 0
Other Funds Required 0 0 0
2017 2018 2019
Future Years Total
568 Funds Budgeted ( )0 (20,000) (20,000)
568 Funds Needed 0 20,000 20,000
568 Fund Project Contingency ( )0 0 0
Other Funds Required 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
*CDBG for Construciton Only
ENG-270, Revised 12/17
CDBG Budget Status
568 IT Capital Budget Status
BUDGET STATUS SHEET
2018 Citywide ADA and Sidewalk Improvements Project
Updated: February 12, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
001 Engineering General Fund
328 General Fund Budget Status
430 Water Fund Budget Status
Page 102 of 183
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28
30
32.1
32.2
2.2
34
35
44
41
46
52
56
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.
ADA Projects Ta rget Exec ution 2 018
Printed On: 2/27/2018
¬
Map ID: 5967
328
CDBG
WCIA
Page 103 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Brannan Park Baseball Synthetic Turf (Faber)
Date:
February 13, 2019
Department:
Parks /Art and Rec reation
Attachments:
Coas t to Coas t Certified Proposal
location map
Budget Impact:
Adminis trative Rec ommendation:
Approve c ontract for CP1817
Background Summary:
This project allows for the ins tallation of As troTurf on the extended infield of the Brannan Park Baseball
field. The City of Auburn rec eived a grant from the State of Was hington Rec reation Conservation Offic e
(RCO) in an amount of $218,100 as well as King County, in an amount of $75,000, to as s is t in funding
this projec t. Total Contrac t allowance is $611,268.90. The City of Auburn portion is being funded
through Park Impac t Fees. Brannan Park is the site of Auburn Parks only full size bas eball field. This
project will greatly increase play as field conditions will greatly improve, es pecially during the wetter
months.
This project authorizes the purc hase and installation of approximately 33,150 square feet of AstroTurf at
Brannan Park Baseball Field. Inc ludes Synthetic Turf, Base Work, and Drainage. Project to be
completed by Coas t to Coast Turf and purchas ed through the National IPA Cooperative Contract
#R162201
Reviewed by Counc il Committees :
Counc ilmember:Staff:Faber
Meeting Date:February 19, 2019 Item Number:CA.H
Page 104 of 183
Quotation For:
Brannan Park
Synthetic Turf Infield
Page 105 of 183
www.c2cturf.com www.astroturf.com
RE: CERTIFIED PROPOSAL NUMBER - R162201-WA-19366 - Brannan Park
Dear Auburn Parks and Recreation:
Thank you for your consideration in accessing and potentially utilizing a National IPA cooperative contract. Each
contract in the National IPA portfolio has been competitively solicited and publicly awarded by a government/education
entity.
For those contracts that utilize proposals, particularly contracts for facility and construction projects, we have
implemented the National IPA Certified Proposal Number (CPN) system, a proposal registration program. This new
system will track transactions from the initial proposal stage to the completion of each project, and provide consistency
and faster service for your agency. It will also allow us to assist you with verification of contract compliance and
consistency.
Page 106 of 183
THE CPN PROCESS
Awarded contract suppliers register your project with National IPA and receive a CPN. That CPN (noted above) should
be prominently displayed on proposal(s) utilizing the cooperative contract. The CPN will also alert our dedicated and
experienced National IPA team, who will work to support you and the awarded supplier during the process.
Your National IPA representative is Shelley Andrews can be contacted at shelley.andrews@nationalipa.org or
509-998-1503.
Thank you for your participation with National IPA.
Sincerely,
The National IPA Team
Page 107 of 183
October 8, 2018
To Daryl and Jamie,
Coast to Coast Turf (WA License # COASTCT863lt), an authorized distributor of
Astroturf is pleased to submit the following budget proposal purchase through National IPA
Cooperative Contract #R162201 for approximately 33,150 square feet of AstroTurf
Diamond Series RBI Synthetic Turf , Base Work and Drainage at Brannan Park in Auburn
Washington.
Synthetic Turf:
Infield – Approximately 33,150 Sq Ft:
AstroTurf Diamond Series OPS Infield- $168,000.00
ERA Game Mound and 6 Velcro Inserts- $6,200,00
ERA Batter’s Box Velcro Inserts (4 Sets)- $4,000.00
ERA Catchers Box Velcro Inserts (4 Sets)- $4,000.00
10’ Outfield Apron – Approximately 2,570 Sq Ft:
RootZone Diamond Blend- $12,000.00
Page 108 of 183
Synthetic Turf Inclusions:
• Samples, submittal information, and shop drawings as required
• Visual inspection of the sub-base constructed by others
• AstroTurf Diamond Series OPS
o 1 5/8” RootZone Diamond Blend 52 Ounce – Green Turf
o 1 1/8” RootZone Diamond I 52 Ounce – Brown Turf
o ERA RootZone Diamond 80 Ounce Velcro Inserts– Pitcher, Batters Boxes, Catchers Boxes
• Installation of AstroTurf Diamond Series OPS by manufacturer-certified crews
• All seams to be Glued
• All inlays to be installed using hotmelt
• An infill of Sand and Ambient SBR at the manufacturer-approved weight and ratio for AstroTurf
Diamond Series OPS
• Payment and performance bonds
• Inlaid Markings:
o Baseball
• Velcro Pitchers Inserts – 6 ERA RootZone 80 Ounce
• Velcro Batters Box Inserts – 4 ERA RootZone 80 Ounce
• Velcro Catchers box Inserts – 4 ERA RootZone 80 ounce
• AstroTurf standard 8 year warranty
• Wages as appropriate in the State of Washington (Prevailing Wage Rates)
• Cleanup and disposal of our debris into dumpsters
Page 109 of 183
Base Work:
Site work Construction approximately 32,120 SF
• General conditions
• Mobilize and demobilize construction site.
• Construct haul road.
• TESC
• Provide temporary fencing and maintain.
• Remove and replace areas of existing fence and restore to same for construction.
• Excavate and dispose of soils off site.
• Supply and install collector drain system.
• Supply and install a 4” perforated piping drain lateral system.
• Supply and install synthetic turf attachment for the perimeter of the synthetic turf.
• Supply and install 140-N geotextile fabric.
• Furnish, fine grade and compact a 6” depth of crushed permeable base course.
• Furnish, fine grade and compact a 2” depth of crushed permeable top course.
• Furnish and install 1 set of bases, plates and anchors.
• Restore natural grass sod.
Lump sum of $337,743.00
Additional 10’ Outfield Apron approximately 2,570 SF
• Excavate sod and dispose.
• Supply and install permeable aggregates to the specifications above.
Lump Sum of $23,756.00
This proposal excludes the following:
1. Protection or repair of damage to concrete and asphalt at access road.
2. Flagging, traffic control and traffic control plans.
3. Engineering, engineering fees, taxes, permits, and permit fees.
4. Handling or disposing of any contaminated, unsuitable, or hazardous materials.
5. Special inspections.
6. Removal of bedrock, digging through bedrock, export and disposal of bedrock.
Page 110 of 183
Proposal includes bonds, prevailing wages and filing fees.
Proposal excludes architecture designing, structural engineering, permits, bonds, WA St Sales Tax, and/or any
not specifically mentioned above.
Proposal is valid for 90 days.
Regards,
Steve Webb
President - Coast to Coast Turf
Direct: (509) 953-1607
Email: steve@coasttocoastturf.com
Website: www.coasttocoastturf.com
AUTHORIZED DISTRIBUTOR OF ASTROTURF®
Page 111 of 183
Page 112 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6711 (Coleman)
Date:
February 12, 2019
Department:
Finance
Attachments:
Ordinance No. 6711
Budget Impact:
Administrativ e Recommendation:
City Council to waive presentation of the ordinance at a study session as under Council Rule
3.1(N)(2)(a), and to adopt Ordinance No. 6711.
Background Summary:
Ordinance No. 6711 levies a 0.0193% sales tax credit against the state sales tax for local
revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature
during the 2009 regular session. The intent of the legislation was to provide financial
assistance to Cities to assist with financing public improvements in an identified revitalization
area to promote community and economic development.
The City first applied for the use of local revitalization financing on August 11, 2009 and the
Department of Revenue approved the City’s application on September 16, 2009, authorizing
up to $250,000 per year for the local revitalization program (Promenade capital
improvements).
In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding capital
improvements for the Promenade. Annual debt service payments for these bonds continue
through the year 2034. Funds from EDA grants, combined with REET2 funds and interest
earnings, are used to pay for the annual debt service costs of the local revitalization project.
As of the end of 2018, the remaining principal balance was $5.4 million.
The tax credit is available to the City for up to 25 years. 2019 will be the tenth year that the
City has asked the State for the tax credit. As provided by the state, in order for the City to
continue receiving the tax credit, the City must request this each year by Ordinance.
Based upon historical taxable retail sales, the above rate of 0.0193% is estimated to generate
$250,000 for local revitalization funding during the State’s fiscal year, July 1, 2019 to June 30,
2020.
PROCEDURAL MAT T ER: Council Rule 3.1(N) requires all ordinances to be included on a
Study Session Agenda before being considered for adoption. However, if the Mayor believes
exigent circumstances exist, the Mayor may place the ordinance on a Council agenda without
going first to Study Session. If all Council members agree the matter may be considered
Page 113 of 183
without it going to a Study Session first, they may consider the matter. If all Council members
do not agree, the question must be put to a vote.
In this case, because of two meetings recently canceled because of the weather, there is
insufficient time to present this at a Study Session before the statutorily-required deadline to
adopt the credit.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:February 19, 2019 Item Number:ORD.A
Page 114 of 183
------------------------------
Ordinance No. 6711
February 6, 2019
Page 1 of 2
ORDINANCE NO. 6711
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ESTABLISHING
THE LOCAL SALES AND USE TAX RATE FOR
LOCAL REVITALIZATION FINANCING FOR 2019
WHEREAS, The City of Auburn (“City”) enacted Ordinance No. 6301 on
April 19, 2010, which established a local sales and use tax as provided for in
Section 39.14.510 of the Revised Code of Washington (“RCW”); and,
WHEREAS, this tax is imposed in order to pay the debt service on Local
Revitalization Financing bonds in accordance with Chapter 39.104 RCW; and,
WHEREAS, Chapter 39.104 RCW provides that the City shall, from time to
time, adjust the tax rate so that it is set at the rate reasonably necessary to receive
the state contribution over 10 months, in accordance with RCW 82.14.510(3); and
WHEREAS, the Local Sales and Use Tax Rate is set at a rate to generate
approximately $250,000.00 between July 1, 2019 through June 30, 2020, for Local
Revitalization Financing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The sales and use tax rate initially established in Section 3.2
of Ordinance No. 6301, and most recently amended by Ordinance No. 6636, is
hereby amended to 0.0193%, effective July 1, 2019.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
Page 115 of 183
------------------------------
Ordinance No. 6711
February 6, 2019
Page 2 of 2
subdivision, section or portion of this ordinance, or the invalidity of the application
of it to any person or circumstance, will not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force
five days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 116 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5403 (Coleman)
Date:
February 12, 2019
Department:
Financ e
Attachments:
Resolution No. 5403
Budget Impact:
Adminis trative Rec ommendation:
City Counc il to adopt Res olution No. 5403
Background Summary:
The water fund has approximately $8.2 million of identified projec t costs in the 6-year c apital facility plan
in which bond funding is suitable. In addition, the 2019/2020 biennial budget contemplates
approximately $7.2 million in bond issuanc es as a c apital project funding s ourc e.
The propos ed interfund loan authorization will utilize c apital res erves in the storm and sewer funds for a
period up to 5 years . Princ ipal and interest repayment will oc cur following the s ubsequent issuanc e of
bonds. Interes t on the loan will be as s es s ed at the current rate of return on inves tments held in the
Was hington State Loc al Government Inves tment Pool (LGIP).
The recommendation to utilize an interfund loan for the c ommenc ement of thes e c apital undertakings is
founded on three is s ues.
First, the rate of interes t on a bond issue will likely exc eed the rate of return on the LGIP. By leveraging
an interfund loan, a benefit is derived on both s ides of the equation. Total interest c os t will be lower and
the City pays its elf rather than a third-party bondholder for this period of time.
Sec ond, several fac tors can influence and extend the duration of a projec t (i.e. bid climate, availability of
project management s taff, weather). If bonds are issued on the front end, this not only drives up interest
costs but it als o c reates pres s ure to meet federal arbitrage s pend down requirements for any bond issues
in exc es s of $5 million.
Lastly, an interfund loan provides an opportunity to orches trate the timing, type and amount of bond
is s uance. Subs tantial s avings in the form of real dollars and staff time c an be ac hieved through bank
private plac ement and bond issuanc e amounts less than $5 million. Thes e vehic les eliminate costly
regulatory requirements (Securities and Exchange Commis s ion, Internal Revenue Service) and is s ue
costs (bond rating agenc y review, official s tatement preparation).
Reviewed by Counc il Committees :
Counc ilmember:Staff:Coleman
Meeting Date:February 19, 2019 Item Number:RES.A
Page 117 of 183
Page 118 of 183
----------------------------
Resolution No. 5403
January 29, 2019
Page 1 of 2
RESOLUTION NO. 5403
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE TRANSFER OF FUNDS FOR THE PURPOSE
OF MAKING A LOAN OR LOANS FROM THE
SEWER FUND (FUND NO. 431) AND/OR THE
STORM DRAINAGE FUND (FUND NO. 432) TO THE
WATER FUND (FUND NO. 430) FOR UP TO A FIVE-
YEAR PERIOD OF TIME
WHEREAS, the issuance of revenue bonds is planned as a funding
source for carrying out certain Water Fund capital projects during the 2019 –
2024 period as identified in the adopted Capital Facilities Plan; and
WHEREAS, interfund loans can serve as a short-term financing
mechanism to hedge bond arbitrage issues and spend down requirements; and
WHEREAS, the Sewer Fund and Storm Drainage Fund have sufficient
funds from which to transfer monies in an amount not to exceed FIVE MILLION
AND NO/100 DOLLARS ($5,000,000.00) for the purpose of making loans to
cover capital project expenses of the Water Fund; and
WHEREAS, if a loan is made from the Sewer Fund or the Storm Drainage
Fund to the Water Fund, the loan will be repaid at the current rate of investment
return of the Washington State Local Government Investment Pool on the
outstanding balance during the term of the loan; and
WHEREAS, revenue bond issuances are planned for during the 2019 –
2024 period for the purpose of repaying the interfund loan balances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 119 of 183
----------------------------
Resolution No. 5403
January 29, 2019
Page 2 of 2
Section 1. The Mayor or Mayor’s designee is authorized to transfer
funds from the Sewer Fund and/or the Storm Drainage Fund to the Water Fund
when there are insufficient funds available to cover authorized capital expenses
in an amount not to exceed FIVE MILLION AND NO/100 DOLLARS
($5,000,000.00). Any loan will be repaid with an interest rate commensurate with
the rate of investment return of the Washington State Local Government
Investment Pool in effect on the date of the transfer. This authority is effective
from February 1, 2019 through December 31, 2024.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on
passage and signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 120 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5406 (Coleman)
Date:
February 12, 2019
Department:
Finance
Attachments:
Res olution No. 5406
Agreement
Budget Impact:
Administrativ e Recommendation:
City Council review and approve grant receipt for $55,481.19.
Background Summary:
Seattle-King County Department of Public Health requests to enter into a contract with the City
of Auburn for the Local Hazardous Waste Management Program. King County has extended
$55,481.19 for the City to provide hazardous waste education to residents and students in
2019 and 2020.
Residential Hazardous Waste Education
Household hazardous waste education to residents will include: a postcard, flyer, or
newsletter mailed to residents and a consultant to provide outreach at City-sponsored
events.
School Hazardous Waste Education
A consultant will educate Auburn School District students about hazardous waste through
hands-on classroom workshops.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:February 19, 2019 Item Number:RES.B
Page 121 of 183
Page 122 of 183
Page 123 of 183
1
COMMUNITY SERVICES
AGREEMENT –
OTHER GOVERNMENT
PHSKC Agreement #
3909 EHS
This Agreement is between King County and the Recipient identified below. The County
department overseeing the work to be performed in this Agreement is the Department of Public
Health (PHSKC).
RECIPIENT NAME
City of Auburn
RECIPIENT FEDERAL TAX ID #
91-6001228
RECIPIENT ADDRESS
25 W Main St., Auburn, WA 98001-4998
RECIPIENT CONTACT & EMAIL ADDRESS
Joan Nelson; jenelson@auburnwa.gov
PHSKC DIVISION
EHS
PROJECT TITLE
Local Hazardous Waste Management Program
AGREEMENT START DATE
Jan 01 2019
AGREEMENT END DATE
Dec 31 2020
AGREEMENT MAXIMUM AMOUNT
$55,481.19
FUNDING DETAILS
Funding Source PHSKC Contract # Amount Effective Dates
King County Local
Hazardous Waste
Management Fund
NA $55,481.19 Jan 01 2019 TO Dec 31 2020
FUNDING SUMMARY
FEDERAL: $0.00 COUNTY: $55,481.19 STATE: $0.00 OTHER: $0.00
IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT? No
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
Exhibit A-Scope of Work; Exhibit B-Budget; Exhibit C -Invoice template.
In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the
parties hereto, the parties mutually agree that the Recipient shall provide services and comply with the requirements set
forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and
have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions provided
herein, by signing this Agreement, the Recipient certifies that it has read and understands the Agreement requirements
on the PHSKC webs ite (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the Agreement
terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as
applicable.
RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
(This form is available in alternate formats for people with disabilities upon request.)
EXHIBIT A
Page 124 of 183
2
KING COUNTY TERMS AND CONDITIONS
1. Agreement Term and Termination
A. This Agreement shall commence on the Agreement Start Date and shall terminate on the
Agreement End Date as specified on page 1 of this Agreement, unless extended or
terminated earlier, pursuant to the terms and conditions of the Agreement.
B. This Agreement may be terminated by the County or the Recipient without cause, in whole or
in part, prior to the Agreement End Date, by providing the other party thirty (30) days advance
written notice of the termination. The Agreement may be suspended by the County without
cause, in whole or in part, prior to the date specified in Subsection 1.A. above, by providing
the Recipient thirty (30) days advance written notice of the suspension.
C. The County may terminate or suspend this Agreement, in whole or in part, upon seven (7)
days advance written notice in the event: (1) the Recipient materially breaches any duty,
obligation, or service required pursuant to this Agreement, or (2) the duties, obligations, o r
services required herein become impossible, illegal, or not feasible. If the Agreement is
terminated by the County pursuant to this Subsection 1.C. (1), the Recipient shall be liable for
damages, including any additional costs of procurement of similar s ervices from another
source.
If the termination results from acts or omissions of the Recipient, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Recipient shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Recipient by the County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior
to the termination date set forth above in Subsection 1.A., the County may, upon written
notification to the Recipient, terminate or suspend this Agreement in whole or in part.
If the Agreement is terminated or suspended as provided in this Section: (1) the County will be
liable only for payment in accordance with the terms of this Agreement for services rendered
prior to the effective date of termination or suspension; and (2) in the case of termination the
Recipient shall be released from any obligation to provide such further services pursuant to
the Agreement ; and (3) in the case of suspension the Recipient shall be released from any
obligation to provide services during the period of suspension and until such time as the
County provides written authorization to resume services..
Funding or obligation under this Agreement beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Agreement. Should such appropriation not be approved, this
Agreement will terminate at the close of the current appropriation year.
E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either party may have in the event that the obligations, terms, and conditions set
forth in this Agreement are breached by the other party.
2. Compensation and Method of Payment
A. The County shall reimburse the Recipient for satisfactory completion of the services and
requirements specified in this Agreement, payable upon receipt and approval by the County of
a signed invoice in substantially the form of the attached Invoice Exhibit, which complies with
the attached Budget Exhibit.
B. The Recipient shall submit an invoice and all accompanying reports as specified in the
attached exhibits not more than 60 working days after the close of each indicated reporting
period. The County shall make payment to the Recipient not more than 30 days after a
complete and accurate invoice is received.
Page 125 of 183
3
C. The Recipient shall submit its final invoice and all outstanding reports within 90 days of the
date this Agreement terminates. If the Recipient’s final invoice and reports are not submitted
by the day specified in this subsection, the County will be relieved of all liability for payment to
the Recipient of the amounts set forth in said invoice or any subsequent invoice.
D. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received
from the County under this Agreement in accordance with said budget. The Agreement may
contain separate budgets for separate program components. The Recipient shall request
prior approval from the County for an amendment to this Agreement when the cumulative
amount of transfers among the budget categories is expected to exceed 10% of the
Agreement amount in any Agreement budget. Supporting documents necessary to explain
fully the nature and purpose of the amendment must accompany each request for an
amendment. Cumulative transfers between budget categories of 10% or less need not be
incorporated by written amendment; however, the County must be informed immediately in
writing of each such change.
E. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated
under this Agreement, the County may recapture and reprogram any such under -expenditures
unilaterally and without the need for further amendment of this Agreement. The County may
unilaterally make changes to the funding source without the need for an amendment. The
Recipient shall be notified in writing of any changes in the fun d source or the recapturing or
reprograming of under expenditures.
F. If travel costs are contained in the attached budget, reimbursement of Recipient travel,
lodging, and meal expenses are limited to the eligible costs based on the following rates and
criteria.
1. The mileage rate allowed by King County shall not exceed the current Internal
Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS
mileage rate shall be paid for the operation, maintenance and depreciation of
individually owned vehicles for that time which the vehicle is used during work hours.
Parking shall be the actual cost. When rental vehicles are authorized, government
rates shall be requested. If the Recipient does not request government rates, the
Recipient shall be personally responsible for the difference. Please reference the
federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal
travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301,
App.A. Please reference http://www.gsa.gov for the current host city per diem rates.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes.
The Recipient shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work
activity of limited duration and only one round-trip ticket, per person, shall be billed per
trip. Any air travel occurring as part of a federal grant must be in accordance with the
Fly America Act.
3. Internal Control and Accounting System
The Recipient shall establish and maintain a syst em of accounting and internal controls which
complies with applicable generally accepted government accounting standards (GAGAS).
4. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarment by the U.S. Governmen t are
excluded from receiving federal funds and contracting with the County. The Recipient, by signature
to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for
debarment by any Federal department or agency. The Recipient also agrees that it will not enter
Page 126 of 183
4
into a sub-agreement with a Recipient that is debarred, suspended, or proposed for debarment. The
Recipient agrees to notify King County in the event it, or a sub-awardee, is debarred, suspended, or
proposed for debarment by any Federal department or agency.
5. Maintenance of Records/Evaluations and Inspections
A. The Recipient shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deem ed necessary by the
County to ensure proper accounting for all Agreement funds and compliance with this
Agreement.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set
forth in Section 13. below, the Recipient shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other
pertinent data, records and information related to employment, applications for
employment or the administration or delivery of services or any other benefits under
this Agreement; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Recipient by all businesses seeking to participate on this Agreement, and any other
information necessary to document the actual use of and payments to sub-awardees
and suppliers in this Agreement, including employment records.
The County may visit the site of the work and the Recipient’s office to review the foregoing
records. The Recipient shall provide every assistance requested by the Coun ty during such
visits. In all other respects, the Recipient shall make the foregoing records available to the
County for inspection and copying upon request. If this Agreement involves federal funds, the
Recipient shall comply with all record keeping requirements set forth in any federal rules,
regulations or statutes included or referenced in the Agreement documents.
C. Except as provided in Section 6 of this Agreement, the records listed in A and B above shall
be maintained for a period of six (6) years after termination hereof unless permission to
destroy them is granted by the Office of the Archivist in accordance with Revised Code of
Washington (RCW) Chapter 40.14.
D. Medical records shall be maintained and preserved by the Recipient in accordance with state
and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160,
and standard medical records practice. If the Recipient ceases operations under this
Agreement, the Recipient shall be responsible for the disposition and maintena nce of such
medical records.
E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the
Recipient’s performance under this Agreement and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56.
F. The Recipient agrees that all information, records, and data collected in connection with this
Agreement shall be protected from unauthorized disclosure in accordance with applicable
state and federal law.
6. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Recipient shall not use protected health information created or shared under this Agreem ent in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Recipient shall read and certify compliance with all HIPAA requirements at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts
7. Audits
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5
A. If the Recipient is a municipal entity or other government institution or jurisdiction, it shall notify
the County in writing within 30 days of when its annual report of examination/audit, conducted
by the Washington State Auditor, has been completed.
B. Additional audit or review requirements which may be imposed on the County will be passed
on to the Recipient and the Recipient will be required to comply with any such requirements.
8. Corrective Action
If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed
to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in
any manner the work or services agreed to herein, and if the County deems said breach to warrant
corrective action, the following sequential procedure will apply:
A. The County will notify the Recipient in writing of the nature of the breach;
The Recipient shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing
the Agreement into compliance, which date shall not be more than ten (10) days f rom the date
of the Recipient’s response, unless the County, at its sole discretion, specifies in writing an
extension in the number of days to complete the corrective actions;
B. The County will notify the Recipient in writing of the County’s determination as to the
sufficiency of the Recipient’s corrective action plan. The determination of sufficiency of the
Recipient’s corrective action plan shall be at the sole discretion of the County;
C. In the event that the Recipient does not respond within the appropriat e time with a corrective
action plan, or the Recipient’s corrective action plan is determined by the County to be
insufficient, the County may commence termination or suspension of this Agreement in whole
or in part pursuant to Section 1.C.;
D. In addition, the County may withhold any payment owed the Recipient or prohibit the
Recipient from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section 1., Subsections B, C, D, and E.
9. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Agreement. Both parties will make a good faith effort to continue without
delay to carry out their respective responsibilities under this Agreement while attempting to resolve
the dispute under this section.
10. Hold Harmless and Indemnification
A. In providing services under this Agreement, the Recipient is an independent contractor, and
neither it nor its officers, agents, employees, or subcontractors are employees of the County
for any purpose. The Recipient shall be responsible for all federal and/or state ta x, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits,
or taxes, by, or on behalf of the Recipient, its employees, subcontractors and/or others by
reason of this Agreement. The Recipient shall protect, indemnify, and save harmless the
County, its officers, agents, and employees from and against any and all claims, costs, and/or
losses whatsoever occurring or resulting from (1) the Recipient ’s failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Recipient of work,
Page 128 of 183
6
services, materials, or supplies by Recipient employees or other suppliers in connection with
or support of the performance of this Agreement.
B. The Recipient further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional
act, and/or failure, for any reason, to comply with the terms of this Agreement by the
Recipient, its officers, employees, agents, or subcontractors. This duty to repay the County
shall not be diminished or extinguished by the prior termination of the Agreement pursuant to
the Term and Termination section.
C. The Recipient shall defend, indemnify, and hold harmless the County, its officers, employees,
and agents from any and all costs, claims, judgments, and/or awards of damages, arising out
of, or in any way resulting from, the negligent acts or omissions of the Recipient, its officers,
employees, sub-awardees and/or agents in its performance or non-performance of its
obligations under this Agreement. In the event the County incurs any judgment, award, and/or
cost arising therefrom including attorneys ’ fees to enforce the provisions of this article, all
such fees, expenses, and costs shall be recoverable from the Recipient.
D. The County shall defend, indemnify, and hold harmless the Recipient, its officers, employees,
and agents from any and all costs, claims, judgments, and/or awards of damages, arising out
of, or in any way resulting from, the negligent acts or omissions of the County, its officers,
employees, or agents in its performance or non-performance of its obligations under this
Agreement. In the event the Recipient incurs any judgment, award, and/or cost arising
therefrom including attorneys ’ fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in unfair trade practice.
F. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Agreement.
G. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
11. Insurance Requirements
By the date of execution of this Agreement, the Recipient shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to property
which may arise from, or in connection with, the performance of work hereunder by the Recipient,
its agents, representatives, employees, and/or sub-awardees. The costs of such insurance shall be
paid by the Recipient or sub-awardee. The Recipient may furnish separate certificates of insurance
and policy endorsements for each sub-awardee as evidence of compliance with the insurance
requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the
insurance requirements stated herein. Failure by the Recipient, its agents, empl oyees, officers, sub-
awardee, providers, and/or provider sub-awardees to comply with the insurance requirements
stated herein shall constitute a material breach of this Agreement. Specific coverages and
requirements are at http://www.kingcounty.gov/healths ervices/health/partnerships/contracts;
Recipients shall read and provide required insurance documentation prior to the signing of this
Agreement.
12. Assignment/Sub-agreements
A. The Recipient shall not assign or sub-award any portion of this Agreement or transfer or
assign any claim arising pursuant to this Agreement without the written consent of the County.
Said consent must be sought in writing by the Recipient not less than fifteen (15) days prior to
the date of any proposed assignment.
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7
B. “Sub-agreement” shall mean any agreement between the Recipient and a sub-awardee or
between sub-awardees that is based on this Agreement, provided that the term “sub-
awardee” does not include the purchase of (1) support services not related to the subject
matter of this Agreement, or (2) supplies.
C. The Recipient shall include Sections 2.D., 2.E., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15,
16, 17, 23, 24, 26, and the Funder’s Special Terms and Conditions, if attached, in every sub-
agreement that relates to the subject matter of this Agreement.
D. The Recipient agrees to include the following language verbatim in every sub -agreement for
services which relate to the subject matter of this Agreement:
“Sub-awardee shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of sub-awardee, its
officers, employees, and/or agents in connection with or in support of this Agreement. Sub -
awardee expressly agrees and understands that King County is a third party beneficiary to this
Agreement and shall have the right to bring an action against sub-awardee to enforce the
provisions of this paragraph.”
13. Nondiscrimination and Equal Employment Opportunity
The Recipient shall comply with all applicable federal, state and local laws regarding discrimination,
including those set forth in this Section.
During performance of the Agreement, the Recipient agrees that it will not discriminate against any
employee or applicant for employment because of the employee or applicant's sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based upon a bona
fide occupational qualification. The Recipient will make equal employment opportun ity efforts to
ensure that applicants and employees are treated, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression
or age. Additional requirements are at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read and
certify compliance.
14. Conflict of Interest
A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply
with such requirements shall be a material breach of this Agreement, and may result in
termination of this Agreement pursuant to Section II and subject the Recipient to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration,
thing of value or gift, whether in the form of services, loan, thing or promise, in a ny form to any
county official or employee. The Recipient acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current Agreements with the county will be cancelled
and it shall not be able to bid on any county Agreement for a period of two years.
C. The Recipient acknowledges that for one year after leaving County employment, a former
County employee may not have a financial or beneficial interest in an agreement or grant that
was planned, authorized, or funded by a County action in which the former County employee
participated during County employment. Recipient shall identify at the time of offer current or
former County employees involved in the preparation of proposals or the anticipated
performance of Work if awarded the Agreement. Failure to identify current or former County
employees involved in this transaction may result in the County’s denying or terminating this
Agreement. After Agreement award, the Recipient is responsible for notifying the County’s
Page 130 of 183
8
Project Manager of current or former County employees who may become involved in the
Agreement any time during the term of the Agreement.
15. Equipment Purchase, Maintenance, and Ownership
A. The Recipient agrees that any equipment purchased, in whole or in part, with Agr eement
funds at a cost of $5,000 per item or more, when the purchase of such equipment is
reimbursable as an Agreement budget item, is upon its purchase or receipt the property of the
County and/or federal/state government. The Recipient shall be responsi ble for all such
property, including the proper care and maintenance of the equipment.
B. The Recipient shall ensure that all such equipment will be returned to the County or
federal/state government upon termination of this Agreement unless otherwise agreed upon
by the parties.
16. Proprietary Rights
The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material
or article should result from the work described herein, all rights accruing from such material o r
article shall be the sole property of the party that produces such material or article. If any patentable
or copyrightable material or article should result from the work described herein and is jointly
produced by both parties, all rights accruing from such material or article shall be owned in
accordance with US Patent Law. Each party agrees to and does hereby grant to the other party,
irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article
and use any method that may be developed as part of the work under this Agreement.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Recipient which are modified for use in the
performance of this Agreement.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Recipient that are not modified for use in the
performance of this Agreement.
17. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
18. King County Recycled Product Procurement Policy
In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides
of sheets of paper whenever practicable, when submitting proposals, reports, and invoices , if paper
copies are required.
19. Future Support
The County makes no commitment to support the services awarded for herein and assumes no
obligation for future support of the activity awarded herein except as expressly set forth in this
Agreement.
20. Entire Agreement/Waiver of Default
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
or written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Agreement.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
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9
21. Amendments
Either party may request changes to this Agreement. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Agreement. Changes to the
County’s Agreement numbering system or fund source may be made unilaterally by the County and
without the need for amendment of this Agreement. The Recipient shall be notified in writing of any
changes in the Agreement number or fund source assigned by the County; provided, however, that
the total compensation allocated by the County through this Agreement does not change.
22. Notices
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive office of the Recipient and the project
representative of the County department specified on page one of this Agreement. Any time within
which a party must take some action shall be computed from the date that the notice is received by
said party.
23. Services Provided in Accordance with Law and Rule and Regulation
The Recipient and any sub-awardee agree to abide by the laws of the state of Washington, rules
and regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Agreement, all of wh ich are
incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or
attachment to this Agreement, the language in the Agreement shall have control over the language
contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the
contrary.
24. Applicable Law
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
25. Electronic Processing and Signatures
The parties agree that this Agreement may be processed and signed electronically, which if done
so, will be subject to additional terms and conditions found at
https://www.docusign.com/company/terms -of-use.
The parties acknowledge that they have consulted with their respective attorneys and have had the
opportunity to review this Agreement. Therefore, the par ties expressly agree that this Agreement
shall be given full force and effect according to each and all of its express terms and provisions and
the rule of construction that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Agreement.
The parties executing this Agreement electronically have authority to sign and bind its represented
party to this Agreement.
26. No Third Party Beneficiaries
Except for the parties to whom this Agreement is assigned in compliance with the terms of this
Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not
impart any rights enforceable by any person or entity that is not a party hereto.
END OF COUNTY TERMS AND CONDITIONS
Page 132 of 183
City of Auburn 1
EXHIBIT A
SCOPE OF WORK
CITY OF AUBURN
1/1/2019-12/31/2020
Background
The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in 1997
and 2010, was adopted by the partner agencies (the King County Solid Waste Division, the Seattle
Public Utilities, the King County Water and Land Resources Division and Public Health – Seattle and
King County) and the cities located in King County. The Washington State Department of Ec ology in
accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued
partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the
“Program”).
The purpose of this Exhibit is to define the relationship associated with the Program’s funding of City
activities performed under the auspices of the Plan and as approved by the Program’s Management
Coordination Committee (hereinafter referred to as the “MCC”). This Contract further defines the
responsibilities of the City and Public Health – Seattle and King County with respect to the transfer of
Program monies.
Scope of Work
The City will create and mail newsletters, flyers or postcards about household hazardous waste to
Auburn residents, and also hire a consultant to provide outreach, education and presentations at public
events.
The City will also hire a consultant to educate Auburn School District students about hazardous waste
through hands-on classroom workshops.
Responsibilities of the Parties
The City
1. The City shall develop and submit project proposals and budget requests to the Program’s
Contract Administrator. Funds provided to the City by the Program pursuant to this Contract
shall be used to implement hazardous waste programs and/or services as approved by the
MCC.
2. The City shall submit timely reimbursement requests as negotiated with the Contract
Administrator. For reimbursement, the City shall submit the following to the Contract
Administrator:
a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator
for approval and payment.
Page 133 of 183
City of Auburn 2
b) A brief description of activity accomplished and funds expended in accordance with
the scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the City’s
finance department. The financial statement should include vendor names, a
description of services provided, date paid and a check or warrant number.
3. The City shall submit to the Contract Administrator no later than December 5 th of each year a final
invoice or estimate for activities completed in that calendar year.
4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting
requirements with respect to the collection and transfer of moderate risk wastes. The City shall
report to the Contract Administrator the quantity, by type, of moderate risk waste collected using
Program funds. The City shall also provide the Contract Administrator with copies of EPA’s Non-
Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste
collected through Program-funded events.
5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities
associated with the City’s events or in any other way associated with activities conducted within the
scope of this Contract. In the event of a spill or other emergency, the City is responsible for
complying with all applicable laws and regulations.
6. The City agrees to appropriately acknowledge the Program in all media produced – in part or in
whole – with Program funds. Where feasible, the City will use the Program’s logo. The intent of
this provision is to further strengthen this regional partnership in the public’s mind.
7. The City agrees to provide the Program with copies of all media material produced for local
hazardous waste management events or activities that have been funded by the Program. The City
also agrees to allow the Program to reproduce media materials created with Program mone y
provided that the Program credits the City as the originator of that material.
8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street,
Auburn, at (253) 931-5103, (jenelson@auburnwa.gov) or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the
Contract Administrator should be referred to the LHWMP Program Director for resolution.
Seattle -King County Department of Public Health
1. The Seattle-King County Department of Public Health shall administer, via the attached
Contract, the transfer of Program funds to the City for hazardous waste management events and
activities.
2. Within ten (10) working days of receiving a request for reimbursement from the City, the
Contract Administrator shall either notify the City of any exceptions to the request which have
been identified or shall process the request for payment. If any exceptions to the request are
made, this shall be done by written notification to the City providing the reason for such
exception. The Contract Administrator will not authorize payment for activities and/or
expenditures that are not included in the scope of work, unless the scope has been amended.
Page 134 of 183
City of Auburn 3
The Contract Administrator retains the right to withhold all or partial payment if the City’s
invoices are incomplete (e.g. they do not include proper documentation of expenditures for
which reimbursement is being requested) or are not consistent with the submitted scope of
work.
Program Contacts
Lynda Ransley Joy Carpine-Cazzanti
LHWMP Program Director LHWMP Contract Administrator
150 Nickerson Street, Suite 204 401 Fifth Avenue, Suite 1100
Seattle, WA 98109 Seattle, WA 98104
206-263-8241 206-263-0365
lynda.ransley@kingcounty.gov jcarpine@kingcounty.gov
Page 135 of 183
City of Auburn
EXHIBIT B
2019 -2020 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
Component Description 2019-2020 Budget Total
Household Hazardous
Waste Education $55,481.19 $55,481.19
Household Hazardous
Wa ste Collection
TOTAL $55,481.19 $55,481.19
Footnote: The 2019-2020 budget can be partly or totally spent in either 2019 and/or 2020 but
cannot exceed the budget total in these two years.
Page 136 of 183
ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING
Purchase Order #
Supplier Name City of Auburn
Contract Number: 3909 EHS Supplier #1033
Exhibit: C Supplier Pay Site City of Auburn
Remit to Address 25 W Main St
Auburn, WA 98001-4998
Invoice Date
Invoice #
Amount to be Paid
PH Program name/phone
jcarpine@kingcounty.gov Start End
Date Date
MM/DD/YY
Project
1114016
Subrecipient Signed Date PH Authorization / Approval Date
Print Name
I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that any false claims, statements,
documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve as supporting documentation to this reimbursement
request.
Total
2019-20 Budget Previously Billed Cumulative Balance
$55,481.19$55,481.19
HHW Collection
HHW Education
King County Accounts Payable Information
Public Health - Seattle & King County
Contract Period of Performance: 1/1/19-12/31/20
Organization
860000
Kristin Painter (206) 477-5470
Submit signed hardcopy invoice to:
Expend Acct CPA
00153105
Amount
INVOICE
City of Auburn
25 W Main St
Auburn, WA 98001-4998
Invoice Processing Contact: Joan Nelson
(253) 931-5103
jenelson@auburnwa.gov
Joy Carpine-Cazzanti
Local Hazardous Waste Management Program
Task
Current
401 5th Ave., Suite 1100
Seattle, WA 98104
Invoice for services rendered under this contract
for the period of:
Expenditure Item
$55,481.19 $55,481.19
Attach sheet for multiple POETAs
Page 137 of 183
Invoice Detail Page 2
Salaries & Wages- List by Employee Hours Rate of Pay/ Hr Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Subtotal -$ -$ -$ -$ -$
Fringe Benefits Base Rate Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Subtotal -$ -$ -$ -$ -$
Consultant Costs- Itemize by consultant
below
Unit of measure Rate Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
Subtotal -$ -$ -$ -$ -$
Supplies- Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Subtotal -$ -$ -$ -$ -$
Travel Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
In State Travel Total # of Miles Rate
Out of State Travel # of People Rate
Per Diem and Lodging # of People # of Units Unit Cost
Subtotal -$ -$ -$ -$ -$
Other Costs- Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
-$ -$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
Subtotal -$ -$ -$ -$ -$
Overhead Costs- Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
-$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
Subtotal -$ -$ -$ -$ -$
Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Direct Costs Total -$ -$ -$ -$ -$
-$ -$ -$ -$
Grand Total -$ -$ -$ -$ -$
Notes regarding this Invoice
INVOICE DETAIL
Page 138 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5407 (Coleman)
Date:
February 12, 2019
Department:
Financ e
Attachments:
Resolution No. 5407
Agreement
Budget Impact:
Adminis trative Rec ommendation:
City Counc il to review and approve grant receipt for $75,318.00
Background Summary:
King County requests to enter into an interloc al agreement with the City of Auburn for the 2019-2020
Was te Reduction and Rec yc ling (WRR) Grant Program. King County has appropriated $75,318.00 for
the City to promote was te reduc tion and rec yc ling to bus inesses, residents, and sc hools.
The grant funding will be used to s upport the following: Community Yard Sale, Bulky Item Collection, a
Green Living Challenge, c las s room presentations, and outreac h at City-spons ored events .
This WRR Grant provides a 25% matc h to Department of Ec ology’s Solid Was te Financ ial As s is tance
Grant.
Reviewed by Counc il Committees :
Counc ilmember:Staff:Coleman
Meeting Date:February 19, 2019 Item Number:RES.C
Page 139 of 183
Page 140 of 183
Page 141 of 183
Exhibit A
Page 142 of 183
1
CPA # 6059759
INTERAGENCY AGREEMENT FOR 2019 and 2020
Between
KING COUNTY and the CITY OF AUBURN
This two-year Interagency Agreement “Agreement” is executed between King County, a Charter County
and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the
County and City will be referred to as “Party” or “Parties.”
PREAMBLE
King County and the City of Auburn adopted the 2001 King County Comprehensive Solid Waste
Management Plan, which includes waste reduction and recycling goals. In order to help meet these
goals, the King County Solid Waste Division has established a waste reduction and recycling grant
program for the cities that operate under the King County Comprehensive Solid Waste Management
Plan. This program provides funding to further the development and/or enhancement of local waste
reduction and recycling projects and for broader resource conservation projects that integrate with waste
reduction and recycling programs and services. This grant program does not fund household hazardous
waste collection activities. Program eligibility and grant administration terms are discussed in the Grant
Guidelines, attached to this Agreement as Exhibit B and incorporated herein by reference. Grant funding
for this program is subject to the budget approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant
funds to fulfill the terms and conditions set forth in the scope of work, which is attached hereto as Exhibit
A and incorporated herein by reference. The County expects that any information and/or experience
gained through the grant program by the City will be shared with the County and other King County
cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
City by the County for waste reduction and recycling programs and/or services as outlined in the scope of
work and budget attached as Exhibit A.
Page 143 of 183
2
II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the Parties to this Agreement shall be as follows:
A. The City:
1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant in 2019 and 2020 shall not exceed $75,318.00.
2. This Agreement provides for distribution of 2019 and 2020 grant funds to the City. However,
grant funds are not available until January 1, 2019.
3. During this two-year grant program, the City will submit a minimum of two (2), but no more than
eight (8), progress reports to the County in a form approved by the County. Reports must be
signed by a City official. These reports will include:
a. a description of each activity accomplished pertaining to the scope of work; and
b. reimbursement requests with both a Budget Summary Report Form, which is attached
hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form,
which is attached hereto as Exhibit E and incorporated herein by reference, unless the City
has a spreadsheet similar to the Expense Summary Form already in use, in which case the
City is free to use that spreadsheet instead of the Expense Summary Form. The City will
submit the form or similar spreadsheet and not submit backup documentation for grant
expenses. If backup documentation is submitted, SWD will not retain it. The City shall
maintain this documentation in its records.
If the City chooses to submit up to the maximum of eight (8) progress reports and requests for
reimbursement during the two-year grant program, they shall be due to the County on the last day
of the month following the end of each quarter (April 30, July 30, October 31, January 31) except
for the final progress report and request for reimbursement, which shall be due by March 31,
2021.
If the City chooses to submit the minimum of two progress reports and requests for
reimbursement during the two-year grant program, they shall be due to the County by January 31,
2020 and March 31, 2021.
Regardless of the number of progress reports the City chooses to submit, in order to secure
reimbursement, the City must provide in writing to the County by the 5th working day of January
2020 and January 2021, the dollar amount of outstanding expenditures for which the City has not
yet submitted a reimbursement request.
4. The City shall submit a final report to the County which summarizes the work completed under
the grant program and evaluates the effectiveness of the projects for which grant funds were
utilized, according to the evaluation methods specified in the scope of work. The final report is
due within six (6) months of completion of the project(s) outlined in the scope of work, but no
later than June 30, 2021.
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3
5. If the City accepts funding through this grant program for the provision of waste reduction and
recycling programs and projects for other incorporated areas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
6. The City shall be responsible for following all applicable Federal, state, and local laws,
ordinances, rules, and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting
process.
7. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
8. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
9. The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
10. The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper
accounting for all project funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless
permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the
County and/or by federal or state officials as so authorized by law.
11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2021.
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12. The City agrees to credit King County on all printed materials provided by the County, which the
City is duplicating, for distribution. Either King County’s name and logo must appear on King
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
King County for artwork or text provided by the County as follows: “artwork provided courtesy
of King County Solid Waste Division” and/or “text provided courtesy of King County Solid
Waste Division.”
13. The City agrees to submit to the County copies of all written materials which it produces and/or
duplicates for local waste reduction and recycling projects which have been funded through the
waste reduction and recycling grant program. Upon request, the City agrees to provide the
County with a reproducible copy of any such written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the materials.
14. The City will provide the King County Project Manager with the date and location of each
Recycling Collection Event provided by the City, as well as copies of any printed materials used
to publicize each event, as soon as they are available but no later than thirty (30) days prior to the
event. If there is any change in the date or the location of an event, the City will notify the
County a minimum of thirty (30) days prior to the event. If the event brochure is required for
admission to the City’s event, the City is exempt from having to provide the brochure to King
County.
15. If the City accepts funding through this grant program for the provision of recycling collection
events for adjacent areas of unincorporated King County, the City shall send announcements of
the events to all residences listed in the agreed upon areas listed in Exhibit A. The
announcements and all other printed materials related to these events shall acknowledge King
County as the funding source.
16. This project shall be administered by Joan Nelson, Solid Waste & Recycling Supervisor, or
designee.
B. The County:
1. The County shall administer funding for the waste reduction and recycling grant program.
Funding is designated by the city and is subject to the King County Council’s budget approval
process. Provided that the funds are allocated through the King County Council’s budget
approval process, grant funding to the City will include a base allocation of $10,000 per year with
the balance of funds to be allocated according to the City's percentage of King County's
residential and employment population. However, if this population based allocation formula
calculation would result in a city receiving less than $10,000 per year, that city shall receive an
additional allocation that would raise their total grant funding to $10,000 per year.
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2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City’s
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation
of expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
3. The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. Either the City’s name and logo will appear on
such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit
the City for artwork or text provided by the City as follows: “artwork provided courtes y of the
City of Auburn” and/or “text provided courtesy of the City of Auburn.”
4. The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing, the County will encourage other cities to credit the City on any pieces that
were produced by the City.
5. The waste reduction and recycling grant program shall be administered by Lucy Auster, Project
Manager, King County Solid Waste Division, or designee.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2019 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2019, and shall terminate on
June 30, 2021. The City shall not incur any new charges after December 31, 2020. However, if
execution by either Party does not occur until after January 1, 2019, this Agreement allows for
disbursement of grant funds to the City for County-approved programs initiated between January 1, 2019
and the later execution of the Agreement provided that the City complies with the reporting requirements
of Section II.A of the Agreement.
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IV. TERMINATION
A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice.
B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section
II.A.4.
C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to provide further services
pursuant to this Agreement.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or
law that either Party may have in the event that the obligations, terms and conditions set forth in this
Agreement are breached by the other Party.
V. AMENDMENTS
This Agreement may be amended onl y by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted King
County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope
of work, attached as Exhibit A, only upon written request by the City and written approval by King
County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or
achieves the goals stated in the scope and falls within the activities described in the scope.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all
claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against the County arising out of or incident to the City’s execution of, perfo rmance of, or failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
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VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate
limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole
responsibility of the City. Such insurance shall cover the County, its officers, officials, employees,
and agents as additional insureds against liability arising out of activities performed by or on behalf
of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured
endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of
the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of
current membership is attached to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
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8
XI. NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Lucy Auster, Project Manager, or a provided designee
King County Solid Waste Division
Department of Natural Resources and Parks
201 South Jackson Street, Suite 701
Seattle, WA 98104-3855
If to the City:
Joan Nelson, Solid Waste & Recycling Supervisor, or a provided designee
City of Auburn
25 West Main Street
Auburn, WA 98001
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City of Auburn King County
______________________________________ BY___________________________________
Nancy Backus, Mayor Pat D. McLaughlin, Director
Solid Waste Division
For Dow Constantine, King County Executive
______________________________________ _____________________________________
Date Date
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1
EXHIBIT A
CITY OF AUBURN
SCOPE OF WORK
2019-2020 SOLID WASTE DIVISION
WASTE REDUCTION & RECYCLING GRANT
A.BASIC INFORMATION
1.Applicant:City of Auburn
2. Project Title:City of Auburn Waste Reduction & Recycling Program
3.Grant Manager:Joan Nelson, Solid Waste & Recycling Supervisor
City of Auburn
25 West Main Street
Auburn, WA 98001
Phone: (253) 931-5103
Fax: (253) 876-1900
Email: jenelson@auburnwa.gov
4. Project Manager:Kathleen Edman, Solid Waste Customer Care Specialist
City of Auburn
25 West Main Street
Auburn, WA 98001
Phone: (253) 931-3047
Fax: (253) 876-1900
Email: kedman@auburnwa.gov
5.Billing Coordinator:Consuelo Rogel, Financial Analyst
City of Auburn
25 West Main Street
Auburn, WA 98001
Phone: (253) 804-5023
Email: crogel@auburnwa.gov
6.Requested dollar amount:2019-2020 Grant Award $115,318.00
4 - King County Special Recycling Events - $ 40,000.00
2019-2020 Total $ 75,318.00
B.PROPOSED SCOPE OF WORK
Projects:
Task #1 Residential & Multifamily Outreach
Task #2 School Outreach
Project Managers: Auburn’s Solid Waste Customer Care Specialist will implement and manage the
projects. The Solid Waste & Recycling Supervisor will manage the administration tasks of the grant
(budget, reporting, and reimbursements). Both positions are fully funded by the City of Auburn Solid
Waste Division.
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2
Schedule: January 1, 2019 - December 31, 2020
Goals: To increase the awareness of and participation in Auburn’s waste reduction and recycling
programs, and to increase waste diversion in the Residential and School waste streams.
Background:
Residential Community
The City of Auburn provides recycling, waste prevention, and food scrap collection outreach
and education to residents through media avenues such as: newsletters, postcards, advertising,
website announcements, social media, phone messages, flyers, and recycling events. The City
also provides an “at home” city-wide yard sale opportunity for single-family and mobile home
park residents to promote reuse. The City recognizes the importance of educating its diverse
community about different methods of waste reduction and recycling and publishes newsletters
and articles, gives classroom waste reduction and recycling presentations, staffs educational
tables at community events, and provides resources to residents who ask for assistance.
Recently, the City has coordinated with its contracted solid waste provider, Waste
Management, to educate residents about contamination in recycling.
Auburn School District (ASD)
City of Auburn Solid Waste Division continues to work closely with ASD’s Resource
Conservation Manager to promote waste reduction and recycling in the Auburn schools. The
ASD is committed to sustainability and strives to continue reducing its waste stream. The City
of Auburn provides classroom presentations to elementary students, waste reduction lunchtime
activities to secondary students, and participates in various ASD sustainability programs.
Many Auburn schools participate in the King County Green Schools and Washington Green
Schools Programs.
Task #1: Residential & Multifamily Outreach
A. Program/ Project Description
Residential & Multifamily Waste Reduction & Recycling Outreach: The City of Auburn will
use different forms of media, presentations, and promotional items to promote waste reduction
and recycling programs. In 2019 and 2020, the City’s consultant will continue providing
outreach to residents through community events. In addition, the City may partner with the
King County Housing Authority to implement a Green Living Challenge program at one of
their properties in Auburn. The City will also continue to coordinate Christmas Tree Recycling
and Holiday Styrofoam Collection events each year. There may be an emphasis on “Recycle
Right” and “Empty, Clean, Dry” to align with regional outreach messages due to the recent
issues with recycling markets.
Residential Community Yard Sale: The City will promote waste reduction and reuse by
sponsoring a city-wide yard sale for all single-family residents.
B. Deliverables
Residential & Multifamily Waste Reduction & Recycling Outreach: The City will produce or have
professionally produced media pieces, displays, and promotional items, which may include, but
are not limited to: newspaper advertisements, posters, postcards, flyers, and decals. These
materials will be used to promote waste reduction and recycling.
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3
Residential Community Yard Sale: The “Yard Sale Kits” available to participants and various
forms of advertisements will be the deliverables.
C. Expected Outcomes/ Impacts
Residential & Multifamily Waste Reduction & Recycling Outreach: Postcards, flyers,
advertisements, and social media announcements will promote upcoming City and County
events and inform residents about resources available for waste reduction and recycling specific
to their home. The City will increase awareness of and participation in the City’s Waste
Reduction and Recycling Program.
Residential Community Yard Sale: The city-wide yard sale will encourage residents to reduce
waste and reuse.
D. Evaluation
Residential & Multifamily Waste Reduction & Recycling Outreach: The City will record the
number of postcards, flyers, and articles created and distributed to City of Auburn residents.
The City will record the number of displays and promotional items created, displayed or
distributed.
Residential Community Yard Sale: The City will record the number of households holding a
yard sale during the event. An online survey will also be conducted to estimate the number of
items sold or given away.
Task #2: School Outreach
A. Program/ Project Description
School Programs & Presentations: City staff and a consultant will continue to provide Waste
Reduction & Recycling presentations to elementary school classrooms and other schools upon
request.
B. Deliverables
School Programs & Presentations: The number of classroom presentations and lunchtime
activities will be a deliverable and the amount of materials recycled at the Auburn Schools will
also be a deliverable. Pre- and post-classroom presentation surveys will be completed.
C. Expected Outcomes/ Impacts
School Programs & Presentations: City staff and the consultant will promote valuable lessons
about waste reduction and recycling to students and teachers. These lessons will then be shared
with parents and may influence purchasing and disposal decisions.
D. Evaluation
School Programs & Presentations: The City will record the number of classroom presentations
and lunchtime activities given to Auburn students. The pre-and post-classroom presentation
surveys will determine the effectiveness of the information presented. The amount of materials
recycled at each school will be tracked by the RCM.
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C. PROPOSED BUDGET
2019 2020
Task #1 Residential & Multifamily Outreach
Residential & Multifamily Outreach $21,690.00 $17,628.00
Residential Community Yard Sale $ 3,250.00 $ 1,750.00
Total Task #1 $24,940.00 $19,378.00
Task #2 School Outreach
School Programs and Presentations $15,500.00 $15,500.00
Total Task #2 $15,500.00 $15,500.00
TOTAL 2019-2020 GRANT FUNDING $40,440.00 $34,878.00
Page 154 of 183
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5408 (Tate)
Date:
February 12, 2019
Department:
Community Development
Attachments:
Res olution No. 5408
Exhibit A - Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to review and approve Resolution No. 5408.
Background Summary:
Resolution No. 5408 authorizes the Mayor to execute and implement an interlocal agreement
between the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy
Park, Renton, and Tukwila along with King County.
Resolution No. 5408 is the culmination of three years of piloting formal collaboration on
housing and homelessness issues between six cities in South King County, including Auburn.
Auburn has contributed funds to the South King Housing and Homelessness Partnership
since 2016, which has provided the cities of Auburn, Burien, Kent, Renton, SeaTac, and
Tukwila additional staff capacity for developing and implementing policies related to
affordable housing and homelessness.
Mayor Backus and council members attended three convenings in 2018 to plan the future of
the South King Housing and Homelessness Partnership project. These convenings, held on
March 27, June 13, and October 16, 2018 solidified the intention of nine cities and King
County to enter into an Interlocal Agreement starting in 2019. Staff from the Housing
Development Consortium presented updates on the expected benefits and status of the
South King Housing and Homelessness Partners (SKHHP) ILA at Council Study Sessions on
July 23, 2018 and October 22, 2018. Council lent its support to SKHHP through the budget
process when a specific line item funding SKHHP was approved for 2019 and 2020.
The SKHHP Interlocal Agreement reflects the input from legal counsel and staff at the
jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley,
Normandy Park, Pacific, Renton, Tukwila, and King County. Funding for SKHHP has been
included in the budgets of Auburn, Burien, Covington, Federal Way, Kent, Renton, Tukwila,
Normandy Park, Des Moines and King County for 2019 and 2020.
City staff recommend that the City Council review Resolution No. 5408 for council action.
Rev iewed by Council Committees:
Other: Planning
Page 155 of 183
Councilmember:Trout-Manuel Staff:Tate
Meeting Date:February 19, 2019 Item Number:RES.D
Page 156 of 183
-------------------------------- Resolution No. 5804 February 4, 2019 Page 1 of 2 Rev. 2018
RESOLUTION NO. 5408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, KENT, NORMANDY PARK, RENTON, TUKWILA, AND KING COUNTY, FOR THE CREATION AND OPERATION OF SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) WHEREAS, the cities of Auburn, Burien, Covington, Des Moines, Federal Way,
Kent, Normandy Park, Renton, Tukwila along with King County share a common interest
in addressing homelessness; and
WHEREAS, the parties wish to enter into an Interlocal Agreement for the creation
and operation of South King Housing and Homelessness Partners (SKHHP); and
WHEREAS, SKHHP will formulate affordable housing policies and programs
specific to South King County, complimenting current efforts by public and private
organizations to address housing needs locally; and
WHEREAS, the most efficient and expeditious way for the parties to address
affordable housing needs is through cooperative action and the pooling of public and
private resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement between
the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Renton, and Tukwila along with King County for the creation and operation of South King
Page 157 of 183
-------------------------------- Resolution No. 5804 February 4, 2019 Page 2 of 2 Rev. 2018
Housing and Homelessness Partners, which agreement will be in substantial conformity
with the agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM: ____________________________ Steven L. Gross, City Attorney
Page 158 of 183
SKHHP Interlocal Agreement February 06, 2019
1
Draft Interlocal Agreement for SKHHP
South King Housing and Homelessness Partners
(Effective Date: January 1, 2019)
This Interlocal Agreement ("Agreement") is entered into by
and between the Cities of Auburn, Burien, Covington, Des Moines,
Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County,
each municipal corporations and political subdivisions of the
State of Washington (individually, a “Party” and collectively, the
“Parties”). This Agreement relates to the creation and operation
of a joint undertaking among the Parties hereto to be known as the
South King Housing and Homelessness Partners (“SKHHP”). This
Agreement is made pursuant to the Interlocal Cooperation Act,
chapter 39.34 RCW, and has been authorized by the legislative body
of each jurisdiction.
WHEREAS, the Parties have a common goal to ensure the
availability of housing that meets the needs of all income levels
in South King County; and
WHEREAS, the Parties wish to provide a sound base of housing
policies and programs in South King County and to complement the
efforts of existing public and private organizations to address
housing needs in South King County; and
WHEREAS, the Parties wish to act cooperatively to formulate
affordable housing policies and strategies that address housing
stability, to foster efforts to preserve and provide affordable
housing by combining public funding with private-sector resources,
to support implementation of the goals of the Washington State
(the “State”) Growth Management Act, related countywide planning
policies, and other local policies and programs relating to
affordable housing, and to do so efficiently and expeditiously;
and
WHEREAS, the Parties have determined that the most efficient
and expeditious way for the Parties to address affordable housing
needs in South King County is through cooperative action and
pooling public and private resources; and
WHEREAS, the intent of this cooperative undertaking is not to
duplicate efforts of non-profit corporations and other entities
already providing affordable-housing-related services; and
Page 159 of 183
SKHHP Interlocal Agreement February 06, 2019
2
WHEREAS, a cooperative work plan with a primary focus on the
production and preservation of affordable housing, is needed
because the lack of access to affordable housing is one of the key
contributors to homelessness;
NOW, THEREFORE, in consideration of the mutual promises,
benefits and covenants contained in this Agreement and other
valuable consideration, the sufficiency of which is acknowledged,
the Parties agree to the above Recitals and the following terms
and conditions:
1. DEFINITIONS. The following terms used in this Agreement
are defined as follows:
a. Administering Agency – One or more of the Parties
that will provide administrative support services on behalf of
SKHHP. The Administering Agency will be the fiscal agent for SKHHP
in accordance with the requirements of chapter 39.34 RCW. One Party
could serve as the fiscal agent and another Party could serve as
the administrative home for SKHHP staff.
b. Advisory Board – A board consisting of 12 to 15
community members appointed by the Executive Board to provide
advice and recommendation to the Executive Board on land and/or
money resource allocation for affordable housing projects, input
on policy needs related to housing stability, program design and
development, recommendations for emergency shelter and other
immediate affordable housing needs, and to provide public
education and community outreach services.
c. Executive Board – The governing board for SKHHP
comprised of members as provided herein, which will act on behalf
of all Parties and as may be in the best interest of SKHHP in order
to carry out the purposes of this Agreement.
d. Housing Capital Funds Account – An account
established by the Administering Agency within the SKHHP Fund for
the purpose of administering the contributions of Parties, or other
public or private entities, to affordable housing projects and
programs, to be known as the SKHHP Housing Capital Funds Account.
The amounts in the Housing Capital Funds Account will be held and
disbursed by the Administering Agency.
e. Individual Account(s) – One or more subaccounts
established within the Housing Capital Funds Account for each Party
Page 160 of 183
SKHHP Interlocal Agreement February 06, 2019
3
to this Agreement that chooses to contribute to the Housing Capital
Funds Account. Contributions to an Individual Account from a Party
may be released only upon, and in accordance with, the written
direction of that Party.
f. SKHHP Fund – A special fund established by the
Administering Agency, as authorized by RCW 39.34.030, to be known
as the “Operating Fund of the SKHHP Executive Board”. Within the
SKHHP Fund may be established various accounts and subaccounts
including but not limited to a “SKHHP Operating Account” and a
“Housing Capital Funds Account”.
g. SKHHP Operating Account – An account created by the
Administering Agency for the receipt of contributions from the
Parties and other private or public entities, for the purpose of
paying for the operations of and supporting the SKHHP annual
budget.
h. SKHHP Program Manager – The lead staff for SKHHP,
reporting to the Executive Board, responsible for carrying out the
SKHHP annual work plan and other terms of this Agreement.
i. SKHHP Staff – The full-time and part-time staff
hired or assigned with the responsibility for carrying out the
SKHHP work plan.
j. Sphere of Influence – The area in South King County
where SKHHP is expected to conduct its work, as further described
in Exhibit A.
2. PURPOSE. All Parties to this Agreement have
responsibility for local and regional planning for the provision
of housing affordable to residents that work and/or live in South
King County. The Parties agree to act cooperatively to formulate
affordable housing policies that address housing stability and to
foster efforts to preserve and provide affordable housing by
combining public funding with private-sector resources. In order
to accomplish the purposes of this Agreement, the Parties agree to
create a joint and cooperative undertaking responsible for
administering the activities described herein. The cooperative
undertaking among the Parties will be called the South King Housing
and Homelessness Partners (“SKHHP”). The Parties further intend
that this Agreement serve as a framework for all participating
municipalities within the broader SKHHP Sphere of Influence to do
the aforementioned work. The Parties encourage other cities and
other public and private entities in South King County within the
SKHHP Sphere of Influence to join the Parties in this endeavor.
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3. STRUCTURE; CREATION OF JOINT BOARD. By executing this
Agreement, the Parties hereto create a joint board pursuant to RCW
39.34.030(4) to govern SKHHP. The joint board created by this
Agreement will be called the “Executive Board” and will be composed
of members as provided for in Section 5.a of this Agreement. The
Joint Board created in this Agreement is not a separate legal or
administrative entity within the meaning of RCW 39.34.030(3). The
Executive Board will act on behalf of all Parties and as may be in
the best interest of SKHHP in order to carry out the purposes of
this Agreement. The Executive Board is not authorized to own
assets or have employees.
4. RESPONSIBILITIES AND AUTHORITY. In order to carry out
the purposes of SKHHP and this Agreement, the Executive Board will
have the responsibility and authority to:
a. Create and implement an annual work plan approved
by the Executive Board to guide the work of SKHHP Staff. The work
plan will include activities that may benefit multiple
participating jurisdictions or individual jurisdictions. The work
plan activities will be consistent with the purpose described in
this Agreement.
b. Provide recommendations to the Parties regarding
the allocation of public and private funding for affordable housing
purposes.
c. Direct the Administering Agency to enter into
agreements with third parties for the use and application of public
and private funds contributed by individual Parties to the SKHHP
Housing Capital Funds Account established in Section 14, under
terms and conditions as may be agreed by the individual
contributing Parties, as further described in Section 14. At least
annually, report to the Parties on the geographic distribution of
all housing capital funds as recommended by the SKHHP Executive
Board.
d. Guide the SKHHP Staff in the performance of the
following duties:
i. Provide recommendations to the Parties regarding
local and regional affordable housing policies.
SKHHP Staff will assist the Parties in developing
strategies and programs to achieve State Growth
Management Act housing goals, growth targets, local
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Comprehensive Plan Housing Element goals, and local
housing strategy plans, as appropriate.
ii. SKHHP Staff will provide technical assistance to
any Party considering adoption of land use
incentives or requirements, or affordable housing
programs. SKHHP Staff will research model
programs, develop draft legislation, prepare
briefing materials and make presentations to
planning commissions and councils on request by a
Party. SKHHP Staff will assist Parties in
developing strategies and programs to implement
county-wide affordable housing policies to meet
State Growth Management Act objectives, growth
targets, local Comprehensive Plan Housing Element
goals, and local housing strategy plans for an
equitable and rational distribution of low- and
moderate-income housing.
iii. Facilitate cooperation between the private and
public sector with regard to the provision of
affordable housing. SKHHP Staff will communicate
directly with private developers, financial
institutions, non-profit corporations and other
public entities to assist in the implementation of
affordable housing projects. SKHHP Staff will work
directly with any Party to provide technical
assistance with regard to the public funding of
affordable housing projects and the implementation
of affordable housing regulatory agreements for
private developments.
iv. SKHHP Staff will also identify public and private
sites that are available for affordable housing and
develop affordable housing alternatives for such
sites.
v. After the Housing Capital Fund is created, develop
standard regulatory agreements acceptable to
private and public financial institutions to
facilitate the availability of funding for private
and public projects containing affordable housing.
vi. Provide other technical advice to any Party upon
request and to enter into agreements to provide
technical assistance to other public entities on a
reimbursable basis.
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vii. Provide support and educational activities and to
monitor legislative and regulatory activities and
proposed policy changes related to affordable
housing at the county, state and federal levels.
Ensure that the Parties to this Agreement have a
strong South King County voice in regional decision
making.
viii. After the Housing Capital Fund is created, develop
and carry out procedures for monitoring of
affordable units and to administer direct service
housing programs on behalf of any Party. Such
direct service housing programs may include but are
not limited to relocation assistance programs, rent
voucher and/or deposit loan programs.
ix. Work directly with other public and private
entities for the development of affordable housing
policies and encourage the provision and
preservation of affordable housing.
x. Work with the Advisory Board appointed under this
Agreement and South King County agencies working on
regional housing stability and housing
affordability, identify trends and promising
practices, and mobilize those agencies to support
South King County positions in regional decision-
making forums.
xi. Support public and private fundraising efforts of
public and private entities (including non-profit
corporations) to raise funds to carry out the
purposes of this Agreement. Enter into agreements
with those entities for the use of such funds in
order to carry out the purposes of this Agreement.
xii. As directed by the Executive Board, accept public
and private funding, invest those funds in
accordance with State law, and take other
appropriate and necessary action to carry out the
purposes of this Agreement.
5. EXECUTIVE BOARD.
a. Membership. SKHHP will be governed by an Executive
Board composed of either an elected official or City
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Manager/Administrator for each city and the King County Executive,
or their designated representative, of each Party. However, there
will not be more than two members on the Executive Board
representing cities with population less than 5,000 persons,
unless approved by the Executive Board. In the event that there
are more than two Parties to this Agreement with population less
than 5,000 persons, then those Parties will propose to the
Executive Board for the Executive Board’s approval, a method for
shared membership on the Executive Board by those Parties.
Municipalities, local governments and public agencies within the
Sphere of Influence may become Parties to this Agreement with
representation on the Executive Board described in this Section 5,
upon satisfaction of the requirements of Section 20.
Any member of the Executive Board representing more than one Party
must be approved by the chief executive officer of those Parties
being represented by the shared Executive Board member. The
Executive Board will administer this cooperative undertaking under
the terms of this Agreement and under any procedures adopted by
the Executive Board.
b. Chair. The Chair of the Executive Board will be
elected by the members of the Board from the Board membership;
will preside over all meetings of the Executive Board; and will,
in the absence of a Program Manager provided for in Section 6 of
this Agreement, process issues, organize meetings and provide for
administrative support as required by the Executive Board. The
Chair will serve a one-year term, but may be reelected by the
Executive Board.
c. Alternate Member. Each member of the Executive
Board may designate one alternate member who will serve in the
place of the member on the Executive Board during the member's
absence or inability to serve. Notice of the designation will be
provided to the Chair of the Executive Board. An alternate member
may only vote on behalf of the appointing Party if the Chair has
received written notice of the alternate’s appointment.
d. Powers. The Executive Board will have the power to
(1) develop and approve an annual budget and annual work plan for
SKHHP; (2) adopt procedures for the administration of SKHHP
(including securing any necessary legal counsel) and for the
conduct of meetings; (3) make recommendations to the Parties
concerning planning, policy, programs and the funding of
affordable housing projects; (4) establish policies for the
expenditure of SKHHP budgeted items; (5) designate one or more
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Administering Agencies to carry out the terms of this Agreement;
(6) establish a special fund with the Administering Agency as
authorized by RCW 39.34.030, to be known as the “Operating Fund of
the SKHHP Executive Board” (“SKHHP Fund”) within which Fund may be
established various accounts and subaccounts including but not
limited to a “SKHHP Operating Account”(into which will be deposited
funding for the SKHHP operating budget) and a “Housing Capital
Funds Account”; (7) hold regular meetings on those dates and at
those places as the Executive Board may designate; (8) direct the
Administering Agency to enter into contracts and agreements for
the provision of personnel and other necessary services to SKHHP,
including accounting and legal services and the purchase of
insurance, and authorize the Administering Agency to execute such
other contracts, agreements or other legal documents necessary
with public and private entities for SKHHP to carry out its
purposes; (9) establish the responsibilities for the SKHHP Program
Manager, direct and oversee the Administering Agency in the hiring
process and performance review for that position and direct and
oversee the activities of the SKHHP Program Manager; (10) appoint
members of the Advisory Board; (11) assist with incorporating
and/or work with a non-profit corporation to accept grants,
donations and other funds on behalf of SKHHP and direct the
Administering Agency to enter into contracts or other agreements
with such agency for the use of those funds to carry out the
purposes of this Agreement; and (12) take whatever other action is
necessary to carry out the purposes of this Agreement.
6. ADMINISTRATION AND OVERSIGHT. The Executive Board will
have final decision-making authority on behalf of SKHHP over all
legislative and administrative matters within the scope of this
Agreement. The Executive Board may delegate responsibility for
general oversight of the operations of SKHHP to a Program Manager.
The SKHHP Program Manager will submit quarterly budget performance
and progress reports on the status of the work program elements to
the Executive Board and the legislative body of each Party. The
reports and their contents will be in a form acceptable to the
Executive Board.
The Executive Board will, by two-thirds supermajority vote,
designate one or more of the Parties to serve as the Administering
Agency, which will provide administrative support services on
behalf of SKHHP. The Administering Agency will be the fiscal agent
for SKHHP in accordance with the requirements of chapter 39.34
RCW. Each Party that serves in the capacity of Administering
Agency hereby agrees to comply with the terms of this Agreement
applicable to the Administering Agency in order to permit SKHHP to
carry out its purposes. SKHHP will be staffed with personnel
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provided by the Parties and/or independent contractors contracting
with the Administering Agency on behalf of SKHHP.
Any Party providing personnel to SKHHP will remain solely
responsible for the continued payment of all compensation and
benefits to those personnel as well as for any worker's
compensation claims. All Parties will cooperate fully in assisting
SKHHP to provide the services authorized in this Agreement.
7. MEETINGS OF EXECUTIVE BOARD.
a. Frequency. The Executive Board will meet as often
as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Executive
Board will consist of the Board members (or alternates) who
represent a simple majority of the Board's membership. Executive
Board members (or alternates) may participate in any meeting by
phone or video conferencing for all purposes, including but not
limited to voting and establishing a quorum.
c. Action. No action may be taken except at a meeting
where a quorum exists. Action by the Executive Board requires an
affirmative vote by a majority of the Board's membership, provided
however, that a supermajority (two-thirds of Board members) will
be required to appoint the Administering Agency, to add a new Party
to this Agreement, or to modify the proposed contribution
methodology for dues and assessments (see Section 15). Official
action by the Executive Board may be conducted by motion,
resolution, declaration, or other means as determined to be
necessary by the Executive Board, provided however, appointment of
the Administering Agency or Agencies shall be completed by
resolution. All official action of the Executive Board shall be
recorded in its official minutes. Each Executive Board member, or
his or her alternate, will have one vote on any proposed action;
except that shared member voting shall be in accordance with the
Executive Board’s approval under Section 5 (a). Proxy voting will
not be allowed. To the extent applicable to meetings of the
Executive Board, the Executive Board will comply with applicable
requirements of the Washington State Open Public Meetings Act
(chapter 42.30 RCW).
8. ADVISORY BOARD. The Executive Board will create an
Advisory Board to provide advice and recommendation to the
Executive Board on land and/or money resource allocation for
affordable housing projects, input on policy needs related to
housing stability, program design and development, recommendations
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for emergency shelter and other immediate affordable housing
needs, and to provide public education and community outreach
services. The Advisory Board will be created before the end of
the first year of SKHHP operations (with the start of the year
defined as the hiring of the SKHHP Program Manager). The Advisory
Board will consist of not more than fifteen (15) and not less than
twelve (12) community members. The Executive Board will appoint
members to the Advisory Board. Members appointed to the Advisory
Board must have knowledge and understanding of affordable housing,
be committed to the furtherance of affordable housing in South
King County, and represent diverse community perspectives.
Appointments will be for a four-year term with service limited to
a total of two consecutive terms. The Executive Board will adopt
procedures for the convening and administration of the Advisory
Board. A member may be removed from the Advisory Board by the
Executive Board with or without cause on a majority vote of
membership of the Executive Board.
9. MEETINGS OF ADVISORY BOARD.
a. Frequency. The Advisory Board will meet as often
as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Advisory
Board will consist of the Board members who represent a simple
majority of the Board's membership. Advisory Board members may
participate in any meeting by phone or video conferencing for all
purposes, including but not limited to voting and establishing a
quorum.
c. Action. No action may be taken except at a meeting
where a quorum exists. Action by the Advisory Board requires an
affirmative vote by a majority of those members attending a Board
meeting where a quorum exists. Official action by the Advisory
Board may be conducted by motion, resolution, declaration, or other
means as determined to be necessary by the Advisory Board. Proxy
voting is not allowed. To the extent applicable to meetings of
the Advisory Board, the Advisory Board will comply with applicable
requirements of the Washington State Open Public Meetings Act
(chapter 42.30 RCW).
10. AGREEMENT DURATION. This Agreement will be in full force
and effect for a period commencing as provided in Section 34, and
ending December 31 2020. This Agreement will automatically renew
for successive two-year terms, unless sooner terminated under the
provisions of this Agreement.
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11. TERMINATION OF AGREEMENT. This Agreement may be
terminated at any time by affirmative vote of a majority of the
legislative bodies of the Parties to this Agreement.
Upon termination of this Agreement, all property acquired during
the life of the Agreement will be disposed of in the following
manner:
a. all property contributed without charge by any
Party will revert to the contributing Party;
b. all property purchased on behalf of SKHHP after the
effective date of this Agreement will be distributed to the Parties
based on each Party's pro rata contribution to the overall budget
at the time the property was purchased;
c. except as provided in Subsection d. below, all
unexpended or reserve funds will be distributed to the Parties
based on each Party's pro rata contribution to the overall budget
in effect at the time the Agreement is terminated;
d. all uncommitted monies in the Housing Capital Funds
Account will be distributed to the Parties by remitting the total
uncommitted amounts remaining in each Party’s Individual Account
(as described in Section 14) to that Party; and
e. each Party that has funded a project through the
Housing Capital Funds Account will be substituted for the
Administering Agency with regard to all project financing
documents, and the Administering Agency will be released from
further obligations with respect thereto.
12. WITHDRAWAL. If a Party wishes to withdraw from
participation in this Agreement, it may do so after the initial
two year term if it first gives three months advance written notice
to the Executive Board of its intention to withdraw, which notice
will be due on or before October 1, 2020. If notice of an intent
to withdraw is timely received, withdrawal will be effective as of
11:59 p.m. on December 31, 2020. The initial members of SKHHP
agree they will participate for at least the first two years of
the collaboration.
After January 1, 2021, an opportunity is provided once per year
for a Party to withdraw from this Agreement. Under this provision,
advance written notice must be provided to the Executive Board on
or before July 1, of its intention to withdraw from participation
in the Agreement, effective as of 11:59 p.m. on December 31st of
that current year.
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Any Party withdrawing from this Agreement will remain legally and
financially responsible for any obligation incurred by the Party
pursuant to the terms of this Agreement, including but not limited
to any project financing documents executed by the Administering
Agency on behalf of that Party, during the time the withdrawing
Party was a member of SKHHP. A notice of withdrawal may be revoked
by the Party that submitted the notice only by approval of a
majority of the Executive Board to accept the revocation. Any
Party that provides written notice of its intent to withdraw may
continue to vote on all matters before the Executive Board prior
to the effective date of its withdrawal, except the budget and
work plan for the following year.
13. BUDGET. The fiscal year for SKHHP will be January 1 to
December 31 of any year. The first year budget and anticipated
second year budget for SKHHP are attached to this Agreement as
Exhibit B and incorporated herein by this reference. Approval of
this Agreement by the legislative body of each Party includes
approval of the first year SKHHP budget. For subsequent years, on
or before June 1st of each year, a recommended operating budget
and work plan for SKHHP for the next budget year will be prepared,
reviewed and recommended by the Executive Board and transmitted to
each Party. The recommended operating budget will contain an
itemization of all categories of budgeted expenses and will contain
an itemization of the amount of each Party's contribution,
including in-kind services, toward that budget. Contributions to
the SKHHP annual budget may also come from other public or private
entities. The Executive Board will approve acceptance of those
contributions.
a. No recommended budget or work plan will become
effective until approved by the legislative body of each Party and
adopted by the Executive Board, except for SKHHP’s first year
(2019). For the first year, the budget will be approved as part of
the approval of this Agreement, and the first year work plan must
be approved by the Executive Board. Once the legislative body of
each Party has approved its contribution to SKHHP, either
separately or through its budget process, and the SKHHP budget has
been adopted by the Executive Board, each Party will be obligated
to make whatever contribution(s) is budgeted for that Party. If a
Party does not approve the work plan or budget in a timely manner,
the Executive Board may adopt the annual budget and work plan with
a two-thirds majority vote.
b. Each Party’s contribution(s) will be transmitted to
SKHHP on a quarterly basis at the beginning of each quarter unless
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otherwise provided in the budget document. Each Party will specify
the amount of its contribution to be deposited by the Administering
Agency into the SKHHP Operating Account, as well as the amount, if
any, to be deposited into the Party’s Individual Account within
the SKHHP Housing Capital Funds Account established by Section 14.
c. If any Party is delinquent by more than three months
in the payment of its approved operating budget contribution to
the SKHHP Operating Account, that Party will not be entitled to
vote on matters before the Executive Board until the delinquency
has been paid. A Party’s decision not to contribute funds to its
Individual Account, or its delinquency in funding the same will
not affect that Party’s voting rights on the Executive Board.
14. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES
FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS. If
authorized by resolution of the Executive Board, the Administering
Agency may establish and maintain an account within the SKHHP Fund
for the purpose of administering the contributions of Parties, or
other public or private entities, to affordable housing projects
and programs, to be known as the SKHHP Housing Capital Funds
Account. The amounts in the Housing Capital Funds Account will be
held and disbursed by the Administering Agency as described in
this Agreement.
a. Within the Housing Capital Funds Account, a sub-
account will be established for each Party to this Agreement that
chooses to contribute to the Housing Capital Funds Account. Such
sub-accounts are collectively referred to as the “Individual
Accounts.” Contributions to an Individual Account from a Party may
be released only upon, and in accordance with, the written
direction of that Party.
b. A subaccount will be established within each
Individual Account for each project or program funded in whole or
part by a Party from its Individual Account. Such sub-accounts
are referred to as “Project Accounts.”
c. The Administering Agency will maintain records
sufficient to separately track the deposits, withdrawals and
interest earnings, within each Individual Account and each Project
Account, and will provide quarterly reports to all Parties as to
the status of funds in each Individual Account and Project Account.
The Administering Agency’s responsibilities under this Section may
be delegated to the SKHHP Program Manager to the extent consistent
with applicable law and as the Administering Agency and Executive
Board may agree.
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d. Funds transmitted to SKHHP for deposit in the
Housing Capital Funds Account will be held by the Administering
Agency on behalf of SKHHP until directed for application to a
specific project or program by the contributing Party. Uncommitted
funds in an Individual Account will be remitted to the contributing
Party within 45 days of receipt of written request from the Party
signed by its chief executive officer, or upon the Party’s
withdrawal from SKHHP in accordance with the terms of Section 12,
or on the dissolution of SKHHP per Section 11.
e. Funds held by the Administering Agency on behalf of
SKHHP will be subject to laws applicable to public funds, including
but not limitations on investments for public funds as provided in
State law and the State constitutional limitations on the gifting
of public funds. Investment earnings will be credited to each
Individual Account and Subaccount on a pro rata basis.
f. The Executive Board will develop standard forms of
approvals and agreements to be used in the application of funds
contributed to the Housing Capital Funds Account (collectively
referred to as “project financing documents”), consistent with the
following goals and procedures:
i. Each Party choosing to participate in funding a
project or program through the Housing Capital
Funds Account will by action of its legislative
body authorize the application of a specified
amount of its Individual Account monies to such
project or program, and will authorize and direct
the SKHHP Executive Board, the SKHHP Program
Manager, and the Administering Agency to take such
actions as necessary to accomplish this. The
Executive Board will recommend to the individual
legislative bodies various terms to accompany their
authorizations, and the legislative body
authorizations will at a minimum include terms
related to:
1. amount of funds allocated;
2. project description, including minimum
affordability requirements, if any;
3. nature of the funding commitment (loan, grant,
or other);
4. in the event the funding commitment is provided
as a loan, the general repayment terms including
but not limited to the term of the loan and
applicable, interest rate(s); and
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5. a general description of the security interests,
if any, to be recorded in favor of the Party.
ii. For each individual housing project or program to
be funded through the Housing Capital Funds
Account, the developer, owner or administrator of
such project or program (generally referred to as
the “developer”), will enter into the necessary set
of agreements (project financing documents) with
the Administering Agency. The project financing
documents will specify that the Administering
Agency is acting as administering agency on behalf
of each Party that is providing Housing Capital
Funds Account funding to the project or program
pursuant to this Agreement and RCW 39.34.030(4),
and will identify each participating funding Party.
The project financing documents will be consistent
with general forms of agreement approved by the
Executive Board and the terms and conditions
approved by the legislative bodies of the funding
Parties. To the extent permitted by law, the
project financing agreements will incorporate all
terms and conditions relative to the use and (if
applicable) repayment of such funds, and provide
for transfer of the Housing Capital Funds Account
monies from the funding Parties to the developer.
iii. Funding contributions to, and repayments (if any)
from, specific projects and programs will be
recorded by the Administering Agency, including
recording of monies deposited and withdrawn from
each Party’s Individual Account and Project
Accounts. Repayments (if any) under any project
financing agreement will be applied pro rata to the
funding Parties’ Individual Accounts based on the
ratio of funding contributed to the project by each
Party, unless the funding Parties otherwise agree.
iv. Unless the Parties funding a project or program
through the Housing Capital Funds Account otherwise
agree, a default, termination or other action
against a developer or other third party may be
declared only after securing approval in writing of
the chief executive officers of funding Parties
which together have contributed not less than 51%
of the total SKHHP member funding to the project.
The Administering Agency will provide reasonable
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notice and information regarding the status of
projects as necessary to each funding Party’s chief
executive officer to allow them to make a timely
decision in this regard. Funding Parties not
consenting to such default, termination or other
action will be bound by the decision of the
majority. All funding Parties will be obligated on
a pro rata basis (based on their contributions to
the project) to pay to the Administering Agency its
reasonable costs and expenses incurred as a result
of declaring a default, terminating an agreement or
taking other action against a developer or other
third party. Any funds recovered through such
enforcement proceedings will be allocated to the
funding Parties Individual Accounts pro rata based
on their respective funding contributions to a
project.
v. The Executive Board may from time to time authorize
the Administering Agency to administer housing
project agreements entered into before the
effective date of this Agreement, upon terms
consistent with this Agreement and subject to the
consent of the Administering Agency and the Parties
to such agreements.
15. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions
to the SKHHP Operating fund will be based on groupings of like-
sized cities (based on population), or whatever contribution
methodology is approved by a two-thirds majority of the Executive
Board. Funding for the activities of SKHHP will be provided solely
through the budgetary process. Unless otherwise specified in this
Agreement, no dues, charges or assessments will be imposed or
required of the Parties except upon unanimous vote of the
membership of the Executive Board and ratification by the
legislative body of each Party subject to the dues, charges or
assessments. An approved budget (the overall revenues and
expenditures) will not be modified until approved by the
legislative body of each Party and finally adopted by the Executive
Board. If a Party agrees to totally fund an additional task to the
work program, not currently approved in the budget, the task may
be added to the work plan and the budget amended to reflect the
funding of the total cost of such task by the requesting Party,
upon approval by a majority of the membership of the Executive
Board without approval by the individual Parties. Notwithstanding
the foregoing, contributions by a Party to its Individual Account
within the Housing Capital Funds Account will be solely within the
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discretion of that Party and are not considered “dues or
assessments.”
16. PUBLIC RECORDS REQUESTS. Records of SKHHP will be held
by the Administering Agency, in addition to any records the Parties
themselves may retain concerning their participation in SKHHP.
These records may include meeting agendas, meeting summaries,
reports, plans, budgets, and other documents.
When a Party receives a request for records that may be held by
the Administering Agency, the Party will refer the request to its
own Executive Board member. The Party’s Executive Board member
will then work with the Administering Agency to gather all
responsive records. The Party receiving the request should work
with its own public records staff (if any) to describe the request
with sufficient specificity to allow the Administrative Agency to
identify and provide the records being sought. If any
clarification of the request is required, the Party receiving the
request will obtain that clarification from the requester. All
communication with the requester will be by the Party to whom the
request was submitted.
In consultation with the Administering Agency, it will be the
responsibility of the Party to whom the request for records was
made to estimate the time it will need to produce responsive
records, determine which records are responsive to the request,
and address any redactions permitted by law. The Party that
receives the request will bear the responsibility of complying
with the Public Records Act in relation to its public records.
Nothing in this Section is intended to require a Party to collect
or produce records that are not prepared, owned, used, or retained
by that Party as contemplated by the Public Records Act.
17. INDEMNIFICATION AND HOLD HARMLESS.
a. Each Party will indemnify, defend and hold other
Parties (including without limitation the Party serving as, and
acting in its capacity as, SKHHP’s Administering Agency), their
officers, officials, agents and volunteers harmless from any and
all claims, injuries, damages, losses or suits including attorney
fees, arising out of that Party’s wrongful acts or omissions in
connection with the performance of its obligations under this
Agreement, except to the extent the injuries or damages are caused
by another Party. If there is any recovery under this Section, the
Party responsible for any wrongful acts or omissions will pay any
judgment or lien arising from the acts or omissions, including all
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SKHHP Interlocal Agreement February 06, 2019
18
costs and other Parties’ reasonable attorney’s fees. If more than
one Party is held to be at fault, the obligation to indemnify and
to pay costs and attorney’s fees, will be only to the extent of
the percentage of fault allocated to each respective Party by a
final judgment of the court.
b. If a court of competent jurisdiction determine that
this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent
negligence of a Party (including without limitation the Party
serving as, and acting in its capacity as, SKHHP’s Administering
Agency), its officers, officials, employees, and volunteers, the
Party’s liability hereunder will be only to the extent of the
Party’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes
the Party’s waiver of immunity under Industrial Insurance Title 51
RCW, solely for the purpose of this indemnification. This waiver
has been mutually negotiated by the Parties. The provisions of
this Section will survive the expiration or termination of this
Agreement.
c. Each Party (including without limitation the Party
serving as, and acting in its capacity as, SKHHP’s Administering
Agency) will give the other Parties proper notice of any claim or
suit coming within the purview of these indemnities.
18. INSURANCE. The Executive Board, SKHHP Program Manager and
the Administering Agency will take such steps as are reasonably
practicable to minimize the liability of the Parties associated
with their participation in this Agreement, including but not
limited to the utilization of sound business practice. The
Executive Board will determine which, if any, insurance policies
may be reasonably practicably acquired to cover the operations of
SKHHP and the activities of the Parties pursuant to this Agreement
(which may include general liability, errors and omissions,
fiduciary, crime and fidelity insurance), and will direct the
acquisition of same.
19. AMENDMENTS. Any amendments to this Agreement must be in
writing. This Agreement may be amended upon approval of at least
two-thirds of the legislative bodies of all Parties to this
Agreement, evidenced by the authorized signatures of those Parties
as of the effective date of the amendment. However, any amendment
to this Agreement affecting the terms and conditions of membership
on the Executive Board, powers of the Executive Board, voting
rights of Executive Board members, Party contribution
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SKHHP Interlocal Agreement February 06, 2019
19
responsibilities, hold harmless and indemnification requirements,
provisions regarding duration, termination or withdrawal, or the
conditions of this Section will require consent of the legislative
authorities of all Parties. This Section will not be construed to
require amendment of this Agreement for the addition of a new Party
contemplated under Section 20 or for any related revision to
Executive Board membership authorized in Section 5(a).
20. ADDITIONAL PARTIES. Municipalities, local governments
and public agencies within the SKHHP Sphere of Influence may, on
execution of the Agreement and approval of the budget and work
plan by its legislative body, become a Party to this Agreement on
affirmative vote of a two-thirds majority of the membership of the
Executive Board. The Executive Board will determine by a vote of
a majority of its membership what, if any, funding obligations the
additional Party will commit to as a condition of becoming a Party
to this Agreement.
21. SEVERABILITY. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this Agreement, will
not affect the validity of the remaining provisions of the
Agreement.
22. CONFLICT RESOLUTION. Whenever any dispute arises between
the Parties or between a Party or Parties, the Executive Board, or
the Administering Agency (referred to collectively in this Section
as the “Parties”) under this Agreement which is not resolved by
routine meetings or communications, the parties agree to seek
resolution of such dispute in good faith by meeting, as soon as
feasible. The meeting will include the Chair of the Executive
Board, the SKHHP Program Manager, and the representative(s) of the
Parties involved in the dispute. If the parties do not come to an
agreement on the dispute, any party may pursue mediation through
a process to be mutually agreed to in good faith between the
parties within 30 days, which may include binding or nonbinding
decisions or recommendations. The mediator(s) will be individuals
skilled in the legal and business aspects of the subject matter of
this Agreement. The parties to the dispute will share equally the
costs of mediation and assume their own costs.
23. SURVIVABILITY. Notwithstanding any provision in this
Agreement to the contrary, the provisions of Section 10 (Agreement
Duration), Section 11 (Termination of Agreement), Section 12
(Withdrawal), Section 16 (Public Records Requests), and Section 17
(Indemnification and Hold Harmless) will remain operative and in
full force and effect, regardless of the withdrawal or termination
of any Party or the termination of this Agreement.
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24. WAIVER. No term or provision of this Agreement will be
deemed waived and no breach excused unless that waiver or consent
is in writing and signed by the Party claimed to have waived or
consented.
25. SUBSEQUENT BREACH. Waiver of any default will not be
deemed a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement will not be deemed to be a waiver
of any other or subsequent breach and will not be construed to be
a modification of the terms of the Agreement unless stated to be
such through written approval of all Parties.
26. NOTICE. Any notice to the Executive Board will be in
writing and will be addressed to the Chair of the Executive Board
and to the SKHHP Program Manager. In the absence of a SKHHP
Program Manager, notice will be given to the chief executive
officer of the Administering Agency. Any notice to an Officer or
Party will be sent, to the address specified by the chief executive
officer of the Party.
27. ASSIGNMENT. No Party may sell, transfer or assign any
of its rights or benefits under this Agreement without Executive
Board approval.
28. APPLICABLE LAW AND VENUE. This Agreement and any rights,
remedies, or obligations provided for in this Agreement will be
governed, construed, and enforced in accordance with the
substantive and procedural laws of the State. The Parties agree
that the venue for any legal action under this Agreement is in the
County in which a project is located, provided that the venue for
any legal action against King County may be filed in accordance
with RCW 36.01.050.
29. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain
the responsibility and authority for managing and maintaining
their own internal systems and programs related to affordable
housing activities.
30. INDEPENDENT CONTRACTORS. Each Party to this Agreement
is an independent contractor with respect to the subject matter of
this Agreement. No joint venture or partnership is formed as a
result of this Agreement.
Nothing in this Agreement will make any employee of one Party an
employee of another party for any purpose, including, but not
limited to, for withholding of taxes, payment of benefits, worker’s
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SKHHP Interlocal Agreement February 06, 2019
21
compensation pursuant to Title 51 RCW, or any other rights or
privileges accorded by virtue of their employment. No Party assumes
any responsibility for the payment of any compensation, fees,
wages, benefits or taxes to or on behalf of any other Party’s
employees. No employees or agents of one Party will be deemed, or
represent themselves to be, employees of another Party.
31. NO THIRD PARTY BENEFICIERIES. This Agreement is for the
benefit of the Parties only, and no third party will have any
rights under this agreement.
32. NONDISCRIMINATION. The Parties will comply with the
nondiscrimination requirements of applicable federal, state and
local statutes and regulations.
33. COUNTERPARTS. This Agreement may be signed in
counterparts and, if so signed, will be deemed one integrated
Agreement.
34. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This
Agreement will become effective January 1, 2019, subject to its
approval by the legislative bodies of all jurisdictions who are
members of SKHHP as of January 1, 2019, and, pursuant to RCW
39.34.040, upon recording this Agreement or posting this Agreement
on a Party’s web site or other electronically retrievable public
source. Although this Agreement may be approved and signed by a
Party after the Agreement’s effective date, all acts consistent
with the authority of this Agreement that occur on or after January
1, 2019, are hereby ratified and affirmed, and the terms of this
Agreement will be deemed to have applied.
(Signature Page Follows)
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SKHHP Interlocal Agreement February 06, 2019
22
Approved and executed this ________ day of
________________________,2019.
Name of Party:________________ Approved as to form
______________________________
________________________________
By: _________________________ City Attorney
Its: _________________________
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SKHHP Interlocal Agreement February 06, 2019
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SKHHP Interlocal Agreement February 06, 2019
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EXHIBIT B
Annual Expense Budget
Full-time manager with salary/taxes/benefits 130,000$
Administrative & low-level policy support with salary/taxes/benefits 90,000$
Expenses - travel, phone, postage, and start-up costs 19,000$
Space 12,000$
SubTotal 251,000$
10% Fiscal Administration Fee 25,100$
TOTAL 276,100$
Cost for 10 months of Operations:230,083$
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 68,000
Office Space (in-kind donation) [Pro-rated] $ 10,000
Shared among participating cities (see below) $ 152,083
TOTAL $ 230,083
Shares for participating cities:
Population
(OFM 2018 est)
% of
Population Grouped by Size**
Auburn 80,615 12% 20,236$
Burien 51,850 8% 11,675$
Covington 20,080 3% 5,837$
Des Moines 31,340 5% 5,837$
Federal Way 97,440 15% 20,236$
Kent 128,900 20% 26,463$
Normandy Park 6,700 1% 3,113$
Renton 104,100 16% 26,463$
Tukwila 19,800 3% 5,837$
Unincorporated SKC 111,000 17% 26,463$
TOTAL 651,825 152,161$
*Outside sources **Grouped by Size Ranges
KC Housing Authority 15,000 <10,000 3,113$
Enterprise 5,000 10,001- 35,000:5,837$
King County*** 48,000 35,001 - 65,000: 11,675$
TOTAL 68,000 65,001 - 100,000 20,236$
100,001+ : 26,463$
FIRST YEAR SKHHP BUDGET
9 cities & King County
Year 1: 10 months of Operations
***King County has committed $75,000;
including covering the share for unincorporated
(In Year 1, the accrual from the unicorporated SKC
share is used for $7K in startup costs)
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SKHHP Interlocal Agreement February 06, 2019
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Annual Expense Budget
Full-time manager with salary/taxes/benefits 130,000$
Administrative & low-level policy support with salary/taxes/benefits 90,000$
Expenses - travel, phone, postage 12,000$
Space 12,000$
SubTotal 244,000$
10% Fiscal Administration Fee 24,400$
TOTAL 268,400$
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 61,000
Office Space (in-kind donation) $ 12,000
Shared among participating cities (see below) $ 195,400
TOTAL $ 268,400
Shares for participating cities:
Population
(OFM 2018 est)
% of
Population Grouped by Size**
Auburn 80,615 12% 26,000$
Burien 51,850 8% 15,000$
Covington 20,080 3% 7,500$
Des Moines 31,340 5% 7,500$
Federal Way 97,440 15% 26,000$
Kent 128,900 20% 34,000$
Normandy Park 6,700 1% 4,000$
Renton 104,100 16% 34,000$
Tukwila 19,800 3% 7,500$
Unincorporated SKC 111,000 17% 34,000$
TOTAL 651,825 195,500$
*Outside sources **Grouped by Size Ranges
KC Housing Authority 15,000 <10,000 4,000$
Enterprise 5,000 10,001- 35,000:7,500$
King County*** 41,000 35,001 - 65,000: 15,000$
TOTAL 61,000 65,001 - 100,000 26,000$
100,001+ : 34,000$
9 cities & King County
Year 2: Full Year of Operations
***King County has committed $75,000;
including covering the share for unincorporated
SECOND YEAR SKHHP DRAFT BUDGET
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