HomeMy WebLinkAbout05-20-2019 CITY COUNCIL AGENDACity Council Meeting
May 20, 2019 - 7:00 P M
City Hall Council Chambers
AGE ND A
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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 IO NS
I I I .AP P O INT M E NT S
I V.AG E ND A M O D I F IC AT I O NS
V.C I T I ZE N INP 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.P ublic Hearing for Right-of -Way Vacation V 2-18 (Gaub)
City Council to hold a public hearing in consideration of R ight-of-Way Vacation
V 2-18
2.P ublic Hearing for F ranchise A greement No. 19-09
(G aub)
City Council to hold a public hearing in consideration of F ranchise Agreement No.
19-09 for F atbeam, L L C
B.Audience P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form
provi ded.
C .C orrespondence - (T here is no correspondence for Council review.)
V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
V I I .C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
Page 1 of 227
A.Minutes of the May 6, 2019 Regular Council Meeting
B.C laims Vouchers (C oleman)
C laims voucher list dated May 20, 2019 which includes numbers 453598 through
453829 in the amount of $4,244,372.40 and three wire transfers in the amount of
$631,869.01.
C .P ayroll Vouchers (Coleman)
P ayroll check numbers 538443 through 538460 in the amount of $240,954.69,
electronic deposit transmissions in the amount of $2,097,767.23 f or a grand total of
$2,338,721.92 for the period covering May 2, 2019 to May 15, 2019.
D .P arks P roject No. C P1817 (F aber)
C hange Order No. 1,3,5 in the amount of $49,800 for work on P roject No. C P 1817,
B rannan P ark S ynthetic I nfield P roject
(RE C O M M E ND E D AC T IO N: M ove to approve the C onsent Agenda.)
V I I I .UNF I NI S HE D B US I NE S S
I X.NE W B US INE S S
X .O RD I NANC E S
A.Ordinance No. 6714 (Gaub)
A n O rdinance of the City Council of the C ity of A uburn Washington, vacating right-of-
way north of 10th Street NE and east of A uburn Way North, within the City of Auburn,
Washington
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6714.)
B.Ordinance No. 6716 (Tate)
A n O rdinance of the City Council of the C ity of A uburn, Washington, relating to a new
land use category for emergency wireless communication facilities, amending Sections
18.04.912, 18.31.100, 18.35.030, of the Auburn C ity Code
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6716.)
C .Ordinance No 6718 (Gross)
A n O rdinance of the City Council of the C ity of A uburn, Washington, relating to
administrative fees, amending S ections 5.10.030 and 13.06.511, and Chapters 20.06,
20.08, and 20.10 of the A uburn C ity C ode
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6718.)
D .Ordinance No. 6719 (Coleman)
A n O rdinance of the City Council of the C ity of A uburn, Washington, amending
Ordinance No. 6693, the 2019-2020 B iennial Operating B udget Ordinance, as
amended by Ordinance No. 6712, authorizing amendment to the C ity of A uburn 2019-
2020 budget as set f orth in schedule “A ” and schedule “B ”
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6719.)
Page 2 of 227
X I .RE S O L UT IO NS
A.R esolution No. 5377 (Gaub)
A R esolution of the City Council of the C ity of A uburn, Washington, initiating street
vacation proceedings and setting a public hearing to consider the vacation of right-of -
way in the vicinity of S E 328th S treet and 60th Avenue S outh
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5377.)
B.R esolution No. 5424 (Gross)
A R esolution of the City Council of the C ity of A uburn, Washington, Amending the
C ity's F ee Schedule
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5424.)
C .R esolution No. 5426 (Pierson)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to execute an amended and restated I nterlocal A greement for the P uget S ound
A uto T hef t Task force
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5426.)
D .R esolution No 5427 (Martinson)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to execute and administer an agreement between the City of Auburn and Racial
E quity C onsulting Group for racial equity training and policy development
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5427.)
E.R esolution No. 5428 (Hinman)
A R esolution of the City Council of the C ity of A uburn, Washington, authorizing the
Mayor to execute an I nterlocal A greement between the City of Auburn and Green R iver
C ollege for the purpose of providing small-business education, training & support
services
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5428.)
F.R esolution No. 5429 (F aber)
R esolution No. 5429 authorizes the City to accept and appropriate a K ing County Youth
S ports F acility Grant to purchase and install ball f ield lights at Game F arm #4 f ield,
P roject C P 1924
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5429.)
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 ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
B.Fr om the M ayor
Page 3 of 227
X I I I .E X E C UT I V E S E S S I O N
X I V.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 revi ew
at the City Clerk's Office.
Page 4 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing f or Right-of-W ay Vacation V2-18 (Gaub)
Date:
April 5, 2019
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a Public Hearing in consideration of Right-of -Way Vacation V2-18. For
f urther action on this item see Ordinance No. 6714.
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the proposed
right-of-way vacation for V2-18 for right-of -way located north of 733 10th Street NE and east
of Auburn Way North. The date of the public hearing was set by Resolution No. 5417 on April
15, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 20, 2019 Item Numb er:PH.1
Page 5 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing f or Franchise Agreement No. 19-09 (Gaub)
Date:
May 13, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6715 Franchis e Agreement
No. 19-09
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Franchise Agreement No. 19-09 for
Fatbeam, LLC.
Background Summary:
Section 20.06.030 of the Auburn City Code requires the City to hold a public hearing before
deciding to approve or reject a franchise application. Franchise Agreement No. 19-09 for
Fatbeam, LLC, would allow it to build and operate a telecommunications system within the
City’s rights-of-way. The public hearing was set by consent on May 6, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 20, 2019 Item Numb er:PH.2
Page 6 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 1 of 15
ORDINANCE NO. 6715
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
FATBEAM, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
TELECOMMUNICATIONS AND RELATED
SERVICES
WHEREAS, Fatbeam, LLC, a Washington limited liability company
(“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise
for the right of entry, use, and occupation of certain public right(s)-of-way within
the City, to install, construct, erect, operate, maintain, repair, relocate and remove
its facilities in, on, over, under, along or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City and its inhabitants to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee’s Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Grantee’s
Facilities to provide Grantee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee’s Facilities and Grantee’s Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Grantee’s Facilities and Grantee’s Services, on public or private property
elsewhere within the City.
Page 7 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 2 of 15
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, rights-of-way, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Grantee acknowledges its use of the Franchise Area will have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee’s Facilities, the City will reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee’s Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area will at all times be
subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties will be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Page 8 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 3 of 15
Grantee: Fatbeam, LLC
2065 W Riverstone Drive, Suite 105
Coeur d’Alene, ID 83814
Phone: 509-344-1008
E-Mail: regulatory@Fatbeam.com
B. Any changes to the contact information will be sent to the City’s
Right-of-Way Specialist, Public Works Department – Transportation Division, with
copies to the City Clerk, referencing the title of this Agreement.
C. The above-stated Grantee voice and fax telephone numbers will be
staffed at least during normal business hours, Pacific time zone. The City may
contact Grantee at the following number for emergency or other needs outside of
normal business hours of the Grantees: (855) 979-8844
Section 3. Term of Agreement
A. This Franchise will run for a period of five (5) years, from the date of
execution.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-
current term). Any materials submitted by the Grantee for a previous application
may be considered by the City in reviewing a current application, and the Grantee
will only submit those materials deemed necessary by the City to address changes
in the Grantee’s Facilities or Grantee’s Services, or to reflect specific reporting
periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this Agreement:
A. “ACC” means the Auburn City Code.
Page 9 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 4 of 15
B. "Emergency" means a condition of imminent danger to the health,
safety and welfare of persons or property located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights-of-Way as
defined in Section 4.H., within the City Limits as they currently exist or as amended
in the future.
D. “Grantee’s Facilities” means Grantee’s fiber optic and broadband
communications services constructed and operated within the City’s Rights-of-
Way, and shall include all cables, wires, conduits, ducts, pedestals and any
associated converter, equipment or other facilities within the City’s Rights-of-Way,
designed and constructed for the purpose of providing Telecommunications
Service and other lawful services not prohibited by this Ordinance.
E. “Grantee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Grantee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Grantee’s Services shall also include non-switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City and other lawful services not prohibited
by this Ordinance. However, Grantee’s Services shall not include the provision of
“cable services”, as defined by 47 U.S.C. §522, as amended, for which a separate
franchise would be required.
F. “Maintenance” or “Maintain” means examining, testing, inspecting,
repairing, maintaining, restoring, and replacing the existing Grantee’s Facilities or
any part thereof as required and necessary for safe operation.
G. “Relocation” means permanent movement of Grantee facilities
required by the City, and not temporary or incidental movement of such facilities,
or other revisions Grantee would accomplish and charge to third parties without
regard to municipal request. Relocation shall conform to the meanings and
requirements of Chapter 35.99 RCW.
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks,
easements, rights-of-ways and similar public properties and areas.
Page 10 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 5 of 15
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarantees
specified in Section 16, and (4) payment of any outstanding application fees
required in the City Fee Schedule. These four items will collectively be the
“Franchise Acceptance”. The date that such Franchise Acceptance is filed with
the City Clerk will be the effective date of this Franchise.
B. If the Grantee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee will apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee’s Facilities will be installed within the public right-of-way and may require
the removal, relocation or replacement thereof in the public interest and safety at
the expense of the Grantee as provided for in Chapter 35.99 RCW
D. Before beginning any work within the public right-of-way, the Grantee
will comply with the One Number Locator provisions of Chapter 19.122 RCW to
identify existing utility infrastructure.
E. Tree Trimming. Grantee will have the authority to reasonably trim
vegetation on and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in physical
contact with the Grantee’s Facilities. Grantee must get written approval from the
City before trimming vegetation in or over the ROW. Grantee will be responsible
for debris removal from trimming activities. If debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove the debris and charge Grantee for the cost of removal. This section does
not grant automatic authority to clear vegetation for purposes of providing a clear
path for radio signals. Any general vegetation clearing will require a permit.
Page 11 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 6 of 15
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence repair and
emergency response work as required under the circumstances. The Grantee will
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. The City may commence emergency response work, at any time,
without prior written notice to the Grantee, but will notify the Grantee in writing as
promptly as possible under the circumstances. Grantee will reimburse the City for
the City’s actual cost of performing emergency response work.
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-party,
Grantee will restore, at its own cost and expense, the property to a safe condition.
All repair work will be performed and completed to the satisfaction of the City
Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee’s Facilities under this Franchise will have preference as to positioning and
location with respect to the Grantee’s Facilities. However, to the extent that the
Grantee’s Facilities are completed and installed before another utility’s submittal
of a permit for new or additional structures, equipment, appurtenances or tangible
property, then the Grantee’s Facilities will have priority. These rules governing
preference will continue when relocating or changing the grade of any City road or
right-of-way. A relocating utility will not cause the relocation of another utility that
otherwise would not require relocation. This Section will not apply to any City
facilities or utilities that may in the future require the relocation of Grantee’s
Facilities. Such relocations will be governed by Section 11 and Chapter 35.99
RCW .
B. Grantee will maintain a minimum underground horizontal separation
of five (5) feet from City water, sanitary sewer and storm sewer facilities and ten
(10) feet from above-ground City water facilities; provided, that for development of
new areas, the City, in consultation with Grantee and other utility purveyors or
authorized users of the Public Way, will develop guidelines and procedures for
determining specific utility locations.
Page 12 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 7 of 15
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information will
include, at a minimum, as-built drawings of Grantee’s Facilities, installation
inventory, and maps and plans showing the location of existing or planned facilities
within the City. This information may be requested either in hard copy or electronic
format, compatible with the City’s data base system, including the City’s
Geographic Information System (GIS) data base. Grantee will keep the City
Engineering Aide informed of its long-range plans for coordination with the City’s
long-range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Accordingly,
the City agrees to notify the Grantee of requests for public records related to the
Grantee, and to give the Grantee ten (10) business days to obtain an injunction to
prohibit the City’s release of records.
Grantee will indemnify and hold harmless the City for any loss or liability for
fines, penalties, and costs (including attorney’s fees) imposed by an administrative
or judicial authority on the City because of non-disclosures requested by Grantee
under Washington’s public records act, provided the City has notified Grantee of
the pending request.
Section 11. Relocation of Grantee’s Facilities
A. Except as otherwise so required by law, Grantee agrees to relocate,
remove, or reroute its facilities as ordered by the City Engineer at no expense or
liability to the City, except as may be required by Chapter 35.99 RCW . Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other losses
in connection with any such change, relocation, abandonment, or vacation of the
Pubic Way.
B. If a readjustment or relocation of the Grantee’s Facilities is
necessitated by a request from a party other than the City, that party will pay the
Grantee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Grantee’s Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of any portion of the Grantee’s Facilities, the Grantee will, at the
City’s discretion, either abandon in place or remove the affected facilities.
Page 13 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 8 of 15
B. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee will underground the Grantee’s Facilities in the
manner specified by the City Engineer at no expense or liability to the City, except
as may be required by RCW Chapter 35.99. Where other utilities are present and
involved in the undergrounding project, Grantee will only be required to pay its fair
share of common costs borne by all utilities, in addition to the costs specifically
attributable to the undergrounding of Grantee’s Facilities. Common costs will
include necessary costs for common trenching and utility vaults. Fair share will be
determined in comparison to the total number and size of all other utility facilities
being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee will defend, indemnify, and hold the City and its officers,
officials, agents, employees, and volunteers harmless from any and all costs,
claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent those costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence or willful misconduct
of the City. Should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Grantee and the City, its officers, officials, employees,
and volunteers, the Grantee’s liability hereunder shall be only to the extent of the
Grantee’s negligence.
B. The Grantee will hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee’s Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence or willful
misconduct of the City, or its agent performing such work.
Page 14 of 227
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Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 9 of 15
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, will make such arrangements as Grantee deems fit for the provision
of such services. The Grantee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City’s failure
or inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee will indemnify the City against any and all third-party costs, claims,
injuries, damages, losses, suits, or liabilities based on the City’s failure or inability
to provide such services.
D. Acceptance by the City of any work performed by the Grantee will
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section will survive the expiration or termination of this Agreement.
Section 15. Insurance
A. The Grantee will procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its agents, representatives, or employees in the following amounts
and types:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident. Coverage will be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy will be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $2,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products-completed operations aggregate limit. Coverage will be
written on ISO occurrence form CG 00 01 and will cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
Page 15 of 227
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 10 of 15
11 85. There will be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse, or underground
property damage. The City will be named as an additional insured under the
Grantee’s Commercial General Liability insurance policy with respect to the work
performed under this Franchise using ISO Additional Insured Endorsement CG 20
10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability, and Commercial
General Liability insurance:
1. The Grantee’s insurance coverage will be primary insurance
as respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City will be in excess of the Grantee’s insurance and will not
contribute with it.
2. The Grantee’s insurance will be endorsed to state that
coverage will not be cancelled by either party except after thirty (30) days’ prior
written notice by certified mail, return receipt requested, has been given to the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee will furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee will have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
will not be construed to limit the liability of Grantee to the coverage provided by
that insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Page 16 of 227
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 11 of 15
Section 16. Performance Security
The Grantee will provide the City with a financial guarantee in the amount of Fifty
Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. If Grantee fails to
substantially comply with any one or more of the provisions of this Franchise, the
City may recover jointly and severally from the principal and any surety of that
financial guarantee any damages suffered by City as a result of Grantee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Grantee specifically agrees that its failure to comply
with the terms of Section 19 will constitute damage to the City in the monetary
amount set forth in that section. Any financial guarantee will not be construed to
limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Grantee, and all rights and privileges, as well as all
obligations and liabilities of the Grantee will inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which such consent will
not be unreasonably withheld.
C. Grantee and any proposed assignee or transferee will provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which will be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Before the City’s consideration of a request by Grantee to consent to
a Franchise assignment or transfer, the proposed Assignee or Transferee will file
with the City a written promise to unconditionally accept all terms of the Franchise,
effective upon transfer or assignment of the Franchise. The City is under no
obligation to undertake any investigation of the transferor’s state of compliance
Page 17 of 227
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 12 of 15
and failure of the City to insist on full compliance before transfer does not waive
any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Franchise, the dispute will first be referred to the operational officers
or representatives designated by Grantor and Grantee to have oversight over the
administration of this Franchise. The officers or representatives will meet within
thirty (30) calendar days of either party's request for a meeting, whichever request
is first, and the parties will make a good faith effort to achieve a resolution of the
dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any action
will be entitled to its attorneys’ fees and costs.
Section 19. Enforcement and Remedies
A. If the Grantee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Grantee under the provisions of this agreement,
the City may, at its discretion, provide Grantee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the breach
within the specified period, commencement of work within the original thirty day
cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no
further notification, or (2) impose liquidated damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 16 for every
day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Grantee is acting beyond the scope of
permission granted in this Franchise for Grantee’s Facilities and Grantee’s
Services, the City reserves the right to cancel this Franchise and require the
Grantee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Grantee’s actions
Page 18 of 227
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 13 of 15
are not allowed under applicable federal and state or City laws, to compel Grantee
to cease those actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee will comply with, all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Grantee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Grantee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Grantee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Grantee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise on thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise will not exempt the Grantee from any future license, tax, or
charge which the City may adopt under authority granted to it under state or federal
law for revenue or as reimbursement for use and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Page 19 of 227
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 14 of 15
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 26. 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 L. Gross, City Attorney
Published: _______________
Page 20 of 227
------------------------------
Draft Ordinance No. 6715
Franchise Agreement No. 19-09
March 5, 2019
Page 15 of 15
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Fatbeam, LLC, for itself, its successors and assigns, hereby accepts and agrees
to be bound by all lawful terms, conditions and provisions of the Franchise attached
hereto and incorporated herein by this reference.
Fatbeam, LLC
2065 W Riverstone Drive, Suite 105
Coeur d’Alene, ID 83814
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:
Page 21 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 6, 2019 Regular Council Meeting
Date:
May 15, 2019
Department:
City Council
Attachments:
05-06-2019 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:May 20, 2019 Item Numb er:CA.A
Page 22 of 227
City Council Meeting
May 6, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
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hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn
and led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi and L argo Wales. Councilmember J ohn Holman
arrived at 7:07 p.m. Councilmember Yolanda Trout-Manuel was excused.
Department directors and staff members present included: City Attorney
S teve Gross, Director of F inance S helley Coleman, Director of P ublic
Works I ngrid Gaub, A ssistant Director of P ublic Works Randy B ailey,
Director of A dministration Dana Hinman, Development S ervices Manager
J ason Krum, A ssistant Police Chief Mark Caillier, Director of I nnovation
and Technology David Travis and City Clerk Shawn Campbell.
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
A .P ublic Works Week Proclamation
Mayor Backus to proclaim May 19-25, 2019 as Public Works Week in the city of
A uburn.
Deputy Mayor Peloza read and proclaimed May 19-25, 2019 as Public
Works Week in the city of Auburn.
Director Gaub and A ssistant Director B ailey thanked Council for their
support. Director Gaub shared some of the P ublic Works Department
accomplishments for the past year. Assistant Director Bailey invited
everyone to the Public Works Maintenance and Operations Center for a
tour.
I I I .AP P O I NT M E NT S
A .S alary Commission
Page 1 of 5Page 23 of 227
City Council to confirm the appointment of K ristin S mall to the Salary Commission for a
four-year term to expire December 31, 2022.
Councilmember Wales moved and Councilmember B aggett seconded to
approve the appointment to the S alary Commission.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I V.AG E ND A M O D I F IC AT I O NS
The A ffordable Housing Week Proclamation was removed from the
agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Carl S tacy J r, 32225 46th Place South, A uburn
Mr. Stacy stated he is speaking as a representative of five homes in his
neighborhood on the South Hill of A uburn. He explained that there is a
home in their neighborhood that has a lot of criminal activity. T he residents
have been working with the P olice Department. T hey requested the City
use all available resources to help their community remove the residents
from the problem home.
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman thanked the P olice and Public Works Department for their
hard work. He shared his frustration with the City of A uburn's Community
Development Department.
Virginia Haugen, 2503 R S treet S E, A uburn
Ms. Haugen thanked the Public Works Department for their hard work. Ms.
Haugen shared concerns regarding the travel budget and expenses for the
Mayor and Council.
C.Correspondence
There was no correspondence for Council to 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)
Page 2 of 5Page 24 of 227
Councilmember Wales, Chair of the F inance Ad Hoc Committee, reported
she and Councilmember DaCorsi have reviewed the claims and payroll
vouchers described on the Consent Agenda this evening and
recommended their approval.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the March 25, 2019, A pril 8, 2019 and April 22,
2019 Study Sessions
B .Minutes of the August 16, 2016 and A pril 15, 2019 Special City
Council Meetings
C.Minutes of the April 15, 2019 Regular Council Meeting
D.Claims Vouchers (Coleman)
Claims voucher list dated May 6, 2019 which includes voucher numbers 453359
through 453597 in the amount of $1,471,748.49 and six wire transfers in the amount of
$789,310.71.
E .P ayroll Vouchers (Coleman)
P ayroll check numbers 538422 through 538442 in the amount of $578,111.75,
electronic deposit transmissions in the amount of $2,153,537.51 for a grand total of
$2,731,649.26 for the period covering A pril 11, 2019 to May 1, 2019.
F.S etting Public Hearing Date for Franchise A greement #19-09
(Gaub)
City Council to set a public hearing for Franchise A greement No. 19-09, granting
Fatbeam, L L C, a Washington L imited L iability Company, a franchise for
telecommunications and related services
G.P ublic Works P roject No. C P 1719 (Gaub)
City Council to award Contract No. 19-08, to S ource Electric, L L C on their low bid of
$273,000.00 plus Washington State sales tax of $27,300.00 for a total contract price
of $300,300.00 for P roject No. C P 1719, S ewer P ump S tation Telemetry
I mprovements
H.P ublic Works P roject No. C P 1829 (Gaub)
City Council to award Contract No. 19-07, to C P M Development Corporation D B A
I C O N Materials on their low bid of $838,078.30 for Project No. C P1829, 2019
Citywide Patch and Overlay Project
Councilmember Wales moved and Councilmember B rown seconded to
approve the consent agenda.
Page 3 of 5Page 25 of 227
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .RE S O L UT IO NS
A .Resolution No. 5418 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to accept and expend Federal Grant F unds to be administered through a L ocal
A gency Agreement with the Washington S tate Department of Transportation for the
A uburn Way S (S R 164) Curve S afety I mprovements P oplar Street S E (MP 2.97)
Vicinity
Councilmember DaCorsi moved and Councilmember Wales seconded to
approve Resolution No 5418.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5423 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, approving the
L odging Tax Grant disbursements recommended by the A uburn L odging Tax Advisory
Committee
Councilmember B rown moved and Councilmember Wales moved to
approve Resolution No. 5423.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5421 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting a public
hearing to consider the vacation of right-of-way of a portion of B S treet S E, south of
2nd Street S E , within the City of Auburn, Washington
Councilmember DaCorsi moved and Councilmember Wales seconded to
adopt Resolution No. 5421.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X 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
Councilmember DaCorsi reported he attended the King County Regional
Page 4 of 5Page 26 of 227
Council.
Councilmember B rown recognized and thanked the P ublic Works and
P olice Department for their work in the City.
Councilmember Holman offered his condolences on he passing of Dario
Cugini.
Deputy Mayor Peloza stated the City will have the opening celebration of
the Crow with Fries Public A rt sculpture at L es Gove P ark on May 31,
2019 at 6:00 p.m.
B .From the M ayor
Mayor Backus was not at the meeting.
X I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:40 p.m.
A P P R O V E D this 20th day of May, 2019.
__________________________ ____________________________
NA NC Y B A C K US , 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 5 of 5Page 27 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
May 16, 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:
Claims voucher list dated May 20, 2019 which includes numbers 453598 through 453829 in
the amount of $4,244,372.40 and three wire transf ers in the amount of $631,869.01.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 20, 2019 Item Numb er:CA.B
Page 28 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
May 15, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers
Background Summary:
P ayroll check numbers 538443 through 538460 in the amount of $240,954.69, electronic
deposit transmissions in the amount of $2,097,767.23 for a grand total of $2,338,721.92 f or
the period covering 5/2/2019 to 5/15/2019.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 20, 2019 Item Numb er:CA.C
Page 29 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Parks Project No. CP1817 (Faber)
Date:
May 15,
2019
Department:
Parks/Art and Recreation
Attachments:
Budget S tatus S heet
Vicinity Map
Budget
Impact:
A budget
amendment
of $49,800
f rom Park
I mpact
Fees will
be required
this year
to complete
the project
Administrativ e Recommendation:
City Council approve Change Order No. 1,3,5 in the amount of $49,800 f or work on Project
No. CP1817, Brannan Park Synthetic I nf ield Project.
Background Summary:
The contractor encountered unforeseen unsuitable soils when exporting and grading existing
soils. Based on a Geotechnical assessment, it was determined that unsuitable soils needed
to be over excavated, and structural fill needed to be imported. Additional drainage was
added beyond the approved plans to mitigate future drainage issues. Source of funds for the
increased budget will be f rom Park I mpact Fees.
The Brannan Park Synthetic I nf ield project is a capacity project that will increase playability of
the only full sized baseball f ield in the City's park system. The project will allow for play during
inclement weather and is expected to attract youth, collegiate, and adult play.
Rev iewed by Council Committees:
Page 30 of 227
Councilmember:Staff:Faber
Meeting Date:May 20, 2019 Item Number:CA.D
Page 31 of 227
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\A12545E4-CBC5-40DA-B15A-
A064E19E75F0\Auburn WA Production.15309.1.CP1817_Budgetstatusheet.xlsx
1 of 9
Project No: CP1817 Project Title:
Project Manager: Jamie Kelly
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: N/A - COOP Contract Award
Award Date: 3/15/19 X Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years
321 Fund - Unrestricted 48,100 0 0
Grant - Secured (State)218,100
Grant - Secured (Local)75,000
Park Impact Fees 276,274 60,000
Total 617,474 60,000 0
Activity 2017 2018 2019
Future Years
Design Engineering - Consultant Costs 46,812 0
Permitting 0 0 0
Construction Contract 0 611,269 0
Remaining Construction Contract Authorized Contingency 0 10,000 0
Change Order 1 - Unsuitable Soils 0 27,482 0
Change Order 3 - Drainage 0 7,946 0
Change Order 4 - Mound Credit (1,450)
Change Order 5 - Lateral Drains 10,222
Pitchers Mound 0 14,993 0
Total 0 0 727,274 0
2017 2018 2019
Future Years
Project Funds Budgeted 0 677,474 0
Project Funds Needed 0 0 39,800 0
Project Contingency 0 0 0
Funds Required 0 0 717,274 0
Project Budget Status (321 Funds)
BUDGET STATUS SHEET
Brannan Park Synthetic Infield
Updated: May 15, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Page 32 of 227
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\A12545E4-CBC5-40DA-B15A-
A064E19E75F0\Auburn WA Production.15309.1.CP1817_Budgetstatusheet.xlsx
2 of 9
Total
48,100
218,100
75,000
336,274
677,474
Total
46,812
0
611,269
10,000
27,482
7,946
(1,450)
10,222
14,993
727,274
Total
(677,474)
727,274
0
49,800
Updated: May 15, 2019
Page 33 of 227
Project No: CPXXXX Project Title:
Project Manager: Name
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Estimate 0 0 0 0 0
Construction Contingency (15%)0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
102 Arterial Street Budget Status
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
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Project No: CPXXXX Project Title:
Project Manager: Name
Project Update
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Estimate 0 0 0 0 0
Construction Contingency (15%)0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
102 Arterial Street Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
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Project No: CPXXXX Project Title:
Project Manager: Name
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Estimate 0 0 0 0 0
Construction Contingency (15%) 0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
460 Water Budget Status
102 Arterial Street Budget Status
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
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Project No: CP1605 Project Title:
Project Manager: Jamie Kelly
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: 2/1/18 X Contract Award
Award Date: 2/20/18 Pending Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
321 Fund - Unrestricted 561,542 100,000 0 0 661,542
Grant - Secured
328 Fund
Park Impact Fees
Total 561,542 100,000 0 0 661,542
Activity 2017 2018 2019
Future Years Total
Big Daddy's Demolition and Restoration Project 77,079 77,079
Design Engineering - Consultant Costs 55,616 38,753 0 0 94,369
Permitting 0 4,221 0 0 4,221
Construction Contract 0 560,353 0 0 560,353
Construction Contract Authorized Contingency (10%) 0 56,035 0 0 56,035
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 11,247 0 0 11,247
Total 132,695 670,610 0 0 803,305
2017 2018 2019
Future Years Total
Project Funds Budgeted (561,542) (100,000) 0 0 (661,542)
Project Funds Needed 132,695 670,610 0 0 803,305
Project Contingency (428,847)0 0 0 0
Funds Required 0 570,610 0 0 141,763
Project Budget Status
BUDGET STATUS SHEET
Les Gove Crescent
Updated: February 14, 2018
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
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Project No: CP1605 Project Title:
Project Manager: Jamie Kelly
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 111,705 0 0 111,705
460 Fund - Water 0 0 0 0 0
Total 0 111,705 0 0 111,705
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Contract Bid 0 0 0 0 0
Change Order No. #1 0 102,740 0 0 102,740
Authorized Const Contingency Remaining 0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 102,740 0 0 102,740
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 (111,705) 0 0 (111,705)
102 Funds Needed 0 102,740 0 0 102,740
*102 Fund Project Contingency ( )0 (8,965)0 0 (8,965)
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 102,740 0 0 102,740
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 102,740 0 0 102,740
102 Arterial Street Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
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Project No: CPXXXX Project Title:
Project Manager: Name
Project Initiation
Project Initiation (PMP) Date: _________ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
102 Fund - Unrestricted 0 0 0 0 0
102 Fund -State Grant 0 0 0 0 0
460 Fund - Water 0 0 0 0 0
Total 0 0 0 0 0
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 0 0 0 0
Design Engineering - Consultant Costs 0 0 0 0 0
Permitting 0 0 0 0 0
ROW - Property Acquisition 0 0 0 0 0
ROW - Property Acquisition - City Costs 0 0 0 0 0
ROW - Property Acquisition - Consultant Costs 0 0 0 0 0
Construction Contract Bid 0 0 0 0 0
Change Order No. #0 0 0 0 0
Line Item Changes 0 0 0 0 0
Materials Testing 0 0 0 0 0
Other 0 0 0 0 0
Construction Engineering - City Costs 0 0 0 0 0
Construction Engineering - Consultant Costs 0 0 0 0 0
Total 0 0 0 0 0
2017 2018 2019
Future Years Total
*102 Funds Budgeted ( )0 0 0 0 0
102 Funds Needed 0 0 0 0 0
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*460 Funds Budgeted ( )0 0 0 0 0
460 Funds Needed 0 0 0 0 0
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
102 Arterial Street Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
Project Name
Updated: February 22, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Page 39 of 227
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ENG-270, Revised 12/17
Page 40 of 227
666.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet666.7
Notes
Type any additional notes- delete text to
leave blank
Legend
333.30
1:4,000
BRANNAN PARK VACINITY MAP
1in =333 ft
5/15/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Parcel Boundaries
City Street Names
Page 41 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6714 (Gaub)
Date:
April 5, 2019
Department:
Public Works
Attachments:
Ordinance No. 6714
Exhibits A, B and C
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6714.
Background Summary:
The property owner of 733 10th Street NE, Steve Margo, has applied to the City f or vacation
of right-of -way located north of his property and east of Auburn W ay North, shown on Exhibit
“B” and Exhibit “C”. The applicant currently owns adjacent parcels #3339900766 and
3339900761 to the south and is proposing to incorporate the right-of-way into his multifamily
property so that he can continue to utilize it f or additional parking, storage and garbage and
recycling pickup for the multifamily buildings.
The application has been reviewed by City staf f and utility purveyors who have an interest in
this right-of -way. Through this review City staf f has determined that the right of way is not
necessary to meet the needs of the City and could be vacated.
Ordinance No. 6714, if adopted by City Council, approves Vacation No. V2-18 and vacates
the right-of-way and returns to those persons entitled to receive the property in accordance
with RCW 35.79.040.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 20, 2019 Item Number:ORD.A
Page 42 of 227
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Ordinance No. 6714
ROW Vacation V2-18
March 19, 2019
Page 1 of 3
ORDINANCE NO. 6714
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY
NORTH OF 10TH STREET NE AND EAST OF AUBURN WAY
NORTH, WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington (“City”), received a petition by not less
than two-thirds (2/3) of the owners of property adjacent to right-of-way located north of 733
10th Street NE and east of Auburn Way North, within the City requesting vacation of the
same; and,
WHEREAS, the City Council of the City of Auburn, Washington (“City Council”), has,
reviewed the need for streets and right-of-ways in the vicinity of the right-of-way and
determined that consideration should be given to the vacation of the same; and,
WHEREAS, a public hearing was held in connection with the possible vacation, with
notice having been provided pursuant to statute; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 20th day of May, 2019, at the Auburn City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation. That the right of way located north of 733 10th Street NE
and east of Auburn Way North located within the City of Auburn, Washington, legally
described as follows:
The north 30 feet of lots 38, 39 and 40, block 15, C.D. Hillman’s
Page 43 of 227
- - - - - - - - - - - - - - - - -
Ordinance No. 6714
ROW Vacation V2-18
March 19, 2019
Page 2 of 3
Auburndale Addition to the City of Seattle, Division No. 2,
According to the Plat thereof recorded in Volume 13 of Plats,
Page 92, Records of King County, Washington.
[Also identified as Exhibit A.]
and as shown on the survey, a copy of which is attached, marked Exhibit "B" and Exhibit
“C”, the same is vacated and the property lying in the portion of right-of-way described, shall
inure and belong to those persons entitled to receive the property in accordance with RCW
35.79.040.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law.
Section 5. Recordation. The City Clerk is directed to record this Ordinance
with the office of the King County Auditor.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
Page 44 of 227
- - - - - - - - - - - - - - - - -
Ordinance No. 6714
ROW Vacation V2-18
March 19, 2019
Page 3 of 3
ATTEST:
__________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
PUBLISHED: _______________
Page 45 of 227
Page 46 of 227
Page 47 of 227
Page 48 of 227
1 of 3
4/5/2019
V2-18 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V2-18
Applicant: Steve Margo
Property Location: Right-of-Way located north of 733 10th St NE.
Description of right-of-way:
The ROW proposed for vacation consists of unopened ROW north of 733 10th Street NE
and east of Auburn Way North. The proposed ROW is adjacent to Parcel No.
3339900766 and 3339900761 to the south which are owned by the applicant, Parcel
No. 20100922001 to the north and west which are owned by AutoZone, and Parcel No
3339900754 to the east which is owned by a private citizen. The total proposed ROW
vacation area is approximately 3,600± square feet.
The ROW was originally Quit Claim Deeded to the City of Auburn for street purposes on
May 13, 1966. The ROW has never been opened to the public for street purposes and
it appears that the City has never maintained the area as ROW or for any public use.
See Exhibits “A”,“B”, and “C” for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way so that
they can continue to utilize it for additional parking, storage and garbage and recycling
pickup area for their multi-family buildings.
Applicable Policies & Regulations:
• RCW’s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• The vacated area may be subject to property taxes.
• The street vacation decreases the Right-of-Way maintenance obligation of the
City.
Page 49 of 227
2 of 3
4/5/2019
V2-18 Staff Report
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast,
CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE has no facilities located within the proposed
vacation area and no need for any easement reservation.
2. Comcast – No comments received.
3. Water – Water does not require any easements for the proposed vacation.
4. Sewer – There are no sewer facilities and no objection to the proposed vacation.
5. Storm –Storm has no comments and does not require any easements for the
proposed vacation.
6. Transportation – No comments.
7. Planning – Zoning for the ROW is the same as the applicant parcels so if
approved and if the ROW attaches to the applicant parcels a change to the
zoning maps is not required. Additionally, should the applicant wish to improve
the area in the future they should check with the City first to avoid any potential
code enforcement actions prior to undertaking any modifications.
8. Fire – Fire department turn around for the Pinehurst Manor Apartments must be
maintained if the vacation is approved.
9. Police – No comments.
10. Streets – No comments.
11. Construction –No comments.
12. Innovation and Technology – No comments
Assessed Value:
ACC 12.48.085 states “The city council may require as a condition of the ordinance that
the city be compensated for the vacated right-of-way in an amount which does not
exceed one-half the value of the right-of-way so vacated, except in the event the subject
property or portions thereof were acquired at public expense or have been part of a
dedicated public right-of-way for 25 years or more, compensation may be required in an
amount equal to the full value of the right-of-way being vacated. The city engineer shall
estimate the value of the right-of-way to be vacated based on the assessed values of
comparable properties in the vicinity. If the value of the right-of-way is determined by
the city engineer to be greater than $2,000, the applicant will be required to provide the
city with an appraisal by an MAI appraiser approved by the city engineer, at the
expense of the applicant. The city reserves the right to have a second appraisal
performed at the city’s expense.”
RCW 35.79.030 states the vacation “shall not become effective until the owners of
property abutting upon the street or alley, or part thereof so vacated, shall compensate
such city or town in an amount which does not exceed one-half the appraised value of
the area so vacated. If the street or alley has been part of a dedicated public right-of-
Page 50 of 227
3 of 3
4/5/2019
V2-18 Staff Report
way for twenty-five years or more, or if the subject property or portions thereof were
acquired at public expense, the city or town may require the owners of the property
abutting the street or alley to compensate the city or town in an amount that does not
exceed the full appraised value of the area vacated.”
An appraisal by an MAI appraiser of the subject right-of-way was submitted by the
applicant. The City reviewed and accepted the appraisal.. The appraisal values the
right-of-way at highest and best use of assemblage with abutting parcels at $36,000.00.
Recommendation:
Staff recommends that the street vacation be granted with no conditions and that
compensation not be required as the right-of-way was acquired through Quit Claim
Deed at no cost to the City and it has never been opened for public or street use or
maintained by the City.
Page 51 of 227
166.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet166.783.30
1:1,000
Right-of-Way Vacation #V2-18
1in =83 ft
4/1/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 52 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6716 (Tate)
Date:
May 14, 2019
Department:
Community Development
Attachments:
Ordinance No. 6716
Exhibit A. - Ordinance No. 6716 Code
Amendment
Exhibit B. - April 2, 2019 Staff Report to
Planning Commis s ion
PowerPoint Pres entation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6716.
Background Summary:
Puget Sound Emergency Radio Network (PSERN) is a public saf ety (E-911) wireless
communications network intended to replace the current King County (KC) Emergency Radio
Communications System, which is 20 years old and is limited in coverage. PSERN, much like
the KC Emergency Radio Communications System, will be used by f irst responders to
coordinate activities during emergency incidents and will be used by all jurisdictions in King
County. Due to the increase in population within the region since the current system was
initiated, additional radio coverage is needed. The current system is to be replaced in order
to provide greater coverage and increase reliability.
A new emergency wireless communication facility (EW CF) is proposed to be located in
Auburn. The new EW CF will be situated on an 8.38-acre parcel, located west of the
intersection of Auburn Way S and 32nd St SE, on Auburn Adventist Academy owned
property. The new EW CF, which will be operated by PSERN, is proposed to enhance E-911
emergency communications by increasing coverage throughout the region.
The City’s existing zoning code requirements, which are primarily oriented to private wireless
communication facility (WCF) carriers, does not allow such a facility. Therefore PSERN has
requested an amendment to Title 18 – the City’s Zoning Code to allow the use and siting of
EW CFs within the I , I nstitutional Zone of the Auburn City Code (ACC).
Staf f has discussed the proposed code amendment with the Planning Commission at two
regular meetings. At the January 23, 2019 the Planning Commission regular meeting, staff
provided an overview of PSERN, its purpose and f unding, the def inition of a wireless
communication facility (WCF), the supplemental siting standards pertaining to W CFs, and
examples of other jurisdictions’ standards pertaining to EWCFs. At the March 5, 2019
Planning Commission regular meeting, staf f responded to Planning Commission’s inquiries
Page 53 of 227
regarding network coverage, terms of lease f or a tower, and the collocation of commercial
carriers. Staf f also requested guidance for regulating collocation on and the height of
EW CFs.
On April 2, 2019 the Planning Commission held a public hearing regarding the proposed
code amendment. During the public hearing, the Planning Commission heard public
testimony from the applicant’s representative and a representative for PSERN. Staff also
provided the comments received from two parties (included in Exhibit B). Upon close of the
public hearing and after deliberation, the Planning Commission recommended approval of
the proposed code amendment to City Council.
Rev iewed by Council Committees:
Councilmember:DaCorsi Staff:Tate
Meeting Date:May 20, 2019 Item Number:ORD.B
Page 54 of 227
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Ordinance No. 6716
April 22, 2019
Page 1
ORDINANCE NO. 6716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO A NEW LAND USE
CATEGORY FOR EMERGENCY WIRELESS COMMUNICATION
FACILITIES, AMENDING SECTIONS 18.04.912, 18.31.100,
18.35.030, OF THE AUBURN CITY CODE
WHEREAS, LDC, Inc. on behalf of the Puget Sound Emergency Radio Network
(PSERN), made application on July 13, 2018 to amend Title 18 Zoning to accommodate
their proposed emergency wireless communication facility (EWCF) in the I, Institutional
Zoning District.
WHEREAS, current zoning requirements do not address emergency wireless
communication towers, which are one class of wireless facility that the Federal
Communications Commission has protected from broad local government regulation; and
WHEREAS, pursuant to RCW 36.70A the proposed code amendment language
was transmitted to the Washington State Department of Commerce requesting an
expedited review (consisting of a 14-day period) on December 10, 2019. On January 7,
2019 the City received notice that expedited review had been granted, and that upon
receipt of the email the City met the notice to state agency requirements contained in
RCW 36.70A.106. The City did not receive any state agency comments.
WHEREAS, the code amendment was subject to environmental review process
under the Washington State Environmental Policy Act (SEPA). A Determination of Non-
Significance (DNS) was issued December 10, 2018 (and reissued on December 19,
2018) and the City observed a fifteen-day public comment period; and
WHEREAS, Notice of Public Hearing (NOPH), was issued on March 22, 2019 a
Page 55 of 227
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Ordinance No. 6716
April 22, 2019
Page 2
minimum of 10 days prior to the public hearing as required by ACC 18.68.040(A)(1).
WHEREAS, the Planning Commission reviewed the code amendment at its
January 23, 2019 and March 5, 2019 Planning Commission meetings; and
WHEREAS, the City received three public comment letters in response to notice
of the public hearing, and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendment on April 2, 2019, and afterwards forwarded a recommendation for approval
to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Sections 18.04.912, 18.31.100,
18.35.030 of the Auburn City Code are amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is hereby 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, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
INTRODUCED:_________________________
Page 56 of 227
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Ordinance No. 6716
April 22, 2019
Page 3
PASSED: ____________________________
APPROVED: __________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ ______________________________
Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney
PUBLISHED: ______________
Page 57 of 227
Page 1 of 17
Ordinance 6716 Exhibit A
18.04.912 Wireless communications.
“Wireless communications” means the provision of any personal wireless service, as defined in the
Telecommunications Act of 1996, and for the purposes of this title includes the following terms:
A. “Antenna” means a device used in wireless communications which transmits and/or receives
radio signals. Antennas include the following types:
1. Accessory: Antennas including, but not limited to, test mobile antennas and Global
Positioning System (GPS) antennas which are less than 12 inches in height or width and do not
directly provide personal wireless communication.
2. Directional or panel: An antenna or array of antennas designed to transmit a radio signal in
a particular direction typically encompassing an arc of 120 degrees. Panel antennas, also called
directional antennas, are typically flat, rectangular devices approximately six square feet in size.
3. Dish or parabolic: A bowl-shaped device for the reception and/or transmission of radio
frequency communications signals in a specific directional pattern.
4. Whip, rod or omni-directional antenna: An antenna, tubular in shape, that transmits and
receives signals throughout a 360-degree range.
5. Other: All other transmitting or receiving equipment not specifically described herein shall be
regulated in conformity with the type of antenna defined herein which most closely resembles
such equipment.
B. “Antenna array” means one or more rods, panels, discs or similar devices attached to a support
structure used for the transmission or reception of radio frequency signals.
C. “Attached wireless communications facility (WCF)” means an antenna array which is attached to
an existing building or structure.
D. “Carrier” means a company providing wireless communication services, also referred to as a
provider.
E. “Co-location” means the use of a common WCF or site by two or more wireless license holders,
or by one wireless license holder for more than one type of communications technology.
F. “Equipment facility” means a structure used to contain ancillary equipment for a WCF which may
include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures.
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G. “Microcells” are typically located in and exclusively benefit residential neighborhoods. Microcells
consist of an antenna that is either: (1) a dish or parabolic antenna that is no more than four feet in
height and with an area of not more than 580 square inches; or (2) a tubular antenna that is no more
than four inches in diameter and no more than six feet in height; or (3) one or more panel antenna
that is no more than six feet in height, and its width or depth is no more than six inches and the
aggregate area of such panel antenna(s) would not exceed 580 square inches that would be visible
from any one viewpoint; or (4) similar antennas that are of comparable size and shape.
H. “Separation” means minimum distance required between primary support structures.
I. “Support structure” means the structure to which the antenna and other necessary associated
hardware are attached. Support structures include but are not limited to the following:
1. Lattice tower: A structure of varying height that consists of a network of crossed metal
braces forming a tower which is usually triangular or square in cross section. To be considered
a primary support structure.
2. Monopole: A structure of varying height consisting of a single spire sunk into the ground
and/or attached to a foundation. To be considered a primary support structure.
3. Other structures: This may include existing buildings, water towers, athletic field light poles,
or other similar structures. To be considered a secondary support structure.
J. “Wireless communications facility (WCF)” means any non-staffed facility for the transmission
and/or reception of wireless telecommunications services, typically consisting of an antenna array,
an equipment facility and/or a support structure.
K. “Emergency Wireless Communication Facility (EWCF):” means a wireless communications facility
for the purpose of an emergency communication system operated by a local public agency
responsible for providing emergency services.
L. For the purposes of determining in which zones wireless communications facilities are to be
permitted, they will be classified pursuant to the following types. Refer to the table in ACC
18.31.100(K) to determine which zones allow for the following types of facilities:
1. TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.
There are four separate Type 1 categories described as follows:
a. 1-A. The combined height of the antenna together with the height of the existing building
cannot be 25 percent greater than the existing building or exceed the height limitation of the zone in
which the building is located.
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b. 1-B. The combined height of the antenna together with the height of the existing building
cannot be 50 percent greater than the existing building or exceed the height limitation of the zone in
which the building is located.
c. 1-C. The combined height of the antenna together with the height of the existing building is
50 percent greater than the existing building or exceeds the height limitation of the zone in which the
building is located. The height limitation of the zone can only be exceeded by 25 percent.
d. 1-D. Antenna located on existing water towers, athletic field light poles, or similar public utility
infrastructure not located within public street right-of-way. The height limitation of the WCF will be 10
percent of the existing structure height, but may be increased to a maximum of 20 percent with an
administrative use permit and may be increased to a maximum of 30 percent with a conditional use
permit. The height limitation of the zone may be exceeded relative to the above provisions allowed
for a 1-D facility.
2. TYPE 2. Type 2 are new antennas erected on existing (primary) support structures that have
previous city approvals. There are two separate Type 2 categories described as follows:
a. 2-A. Must meet height requirements of previous approval and is limited to 50 percent total
(cumulative) expansion of equipment area.
b. 2-B. Has greater height requirements than previous approval and allows for more than a 50
percent expansion of the equipment area.
3. TYPE 3. Type 3 is the erection of new (primary) support structures. There are two separate Type
3 categories described as follows:
a. 3-A. Monopoles that are 75 feet or less in height.
b. 3-B. Monopoles that are more than 75 feet in height or lattice towers of any height.
meet the definition of an EWCF and structure 4. ETMantennas anexisting percent,outside
ancillary
18.31.100 Wireless communications facilities siting standards.
The following siting standards are intended to guide the location and development of wireless
communications facilities (WCF as defined by ACC 18.04.912 but not including microcells) on
properties regulated under this title. The siting of microcells shall be in accordance with siting of
microcells found in ACC 18.31.110.
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A. Types of Wireless Communication Facilities (WCFs). For the purposes of determining in which
zones wireless communications facilities are to be permitted, they will be classified pursuant to the
following types. Refer to the table in ACC 18.31.100(KL) to determine which zones allow for the
following types of facilities:
1. TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.
There are four separate Type 1 categories described as follows:
e.a. 1-A. The combined height of the antenna together with the height of the existing
building cannot be 25 percent greater than the existing building or exceed the height
limitation of the zone in which the building is located.
f.b. 1-B. The combined height of the antenna together with the height of the existing
building cannot be 50 percent greater than the existing building or exceed the height
limitation of the zone in which the building is located.
g.c. 1-C. The combined height of the antenna together with the height of the existing
building is 50 percent greater than the existing building or exceeds the height
limitation of the zone in which the building is located. The height limitation of the zone
can only be exceeded by 25 percent.
h.d. 1-D. Antenna located on existing water towers, athletic field light poles, or similar
public utility infrastructure not located within public street right-of-way. The height
limitation of the WCF will be 10 percent of the existing structure height, but may be
increased to a maximum of 20 percent with an administrative use permit and may be
increased to a maximum of 30 percent with a conditional use permit. The height
limitation of the zone may be exceeded relative to the above provisions allowed for a
1-D facility.
2. TYPE 2. Type 2 are new antennas erected on existing (primary) support structures that have
previous city approvals. There are two separate Type 2 categories described as follows:
c.a. 2-A. Must meet height requirements of previous approval and is limited to 50 percent
total (cumulative) expansion of equipment area.
d.b. 2-B. Has greater height requirements than previous approval and allows for more
than a 50 percent expansion of the equipment area.
3. TYPE 3. Type 3 is the erection of new (primary) support structures. There are two three
separate Type 3 categories described as follows:
c.a. 3-A. Monopoles that are 75 feet or less in height.
d.b. 3-B. Monopoles that are more than 75 feet in height or lattice towers of any height.
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c. 3-C. Monopoles or lattice towers that meet the definition of an EWCF and are 185
feet or less in structure height.
4. TYPE 4. Type 4 are new antennas erected on existing EWCF (primary) support structures
that have previous city approvals. There is one Type 4 category, which is described as follows:
a. 4-A. Mounting of antennas cannot exceed the following thresholds: 1
i. Increase the height of an existing primary support structure by 10 percent, or
20 feet (whichever is less).
ii. Add an appurtenance to the body of the tower that would protrude from the
outside edge of the tower more than 20 ft.
iii. Install more than four ancillary equipment facilities.
1 This section is intended to be interpreted consistent with 47 CFR 1.40001, as amended.
AB. Separation between Facilities.
1. New, Freestanding Primary Support Structures.
a. The minimum separation, i.e., distance, between a proposed monopole (that is 75 feet
or less in height) and any other existing primary support structure, of any height, shall be
the height of the proposed monopole, including antenna, multiplied by a factor of 10.
b. The minimum separation, i.e., distance, between a proposed monopole (that is more
than 75 feet in height, or lattice towers of any height) and any other existing primary support
structure, of any height, shall be the height of the proposed monopole, including antenna,
multiplied by a factor of 20.
2. The distance between primary support structures shall be measured by following a straight
line, without regard to intervening buildings, from the base of one support structure to the base
of the other support structure(s).
3. A primary support structure would be considered “existing” if a conditional use permit or
administrative use permit has been issued and is still valid for sites which have not been built
upon.
BC. Co-Location Requirements.
1. For monopoles that are more than 75 feet in height and lattice towers of any height (Type 3-
B facilities), the owner of the property shall execute and provide evidence of a nonexclusive
lease with the carrier that allows for other carriers to place antennas on the structure.
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2. Any application for a Type 3-B or 3-C facility shall include technical justification that an
existing Type 3-B or 3-C facility with a nonexclusive lease could not be used instead of
constructing a new tower.
CD. Height.
1. Unless otherwise provided for, the height of any primary support structure and/or antenna
shall not exceed the height limitations of the zone.
2. The maximum height of any primary support structure shall not exceed 120 feet.
3. There shall be no variances allowed to the height limitations.
4. The carrier shall provide evidence that the Federal Aviation Administration (FAA) has
approved the location of a primary support structure relative to the Auburn Municipal Airport.
5. Unless otherwise restricted by this section, building – or structure-mounted antennas may
extend a maximum of 15 feet above the maximum height permitted for structures within the
zone.
6. Antennas that are mounted on structures that do not otherwise have a height restriction may
be allowed to increase the overall height of the structure by no more than 10 percent of the
height of the structure unless additional approvals are obtained.
DE. Setbacks.
1. All equipment shelters, cabinets, support structures or other above-ground facilities shall
meet the setback requirements of the zone in which located except as follows. All equipment
shelters, cabinets, or other above-ground facilities used to support primary support structures
shall be set back the same distance required of the primary support structure. All equipment
shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back
a minimum of 50 feet from any adjacent R zone.
2. The minimum distance from any primary support structure, of any height, to any residentially
zoned parcel of property shall be a distance equal to the overall height of the primary support
structure (including antennas) multiplied by a factor of two.
3. Where possible, roof-mounted antennas and equipment shelters and/or cabinets are to be
placed towards the center of the building, or away from public views. Equipment shelters and/or
cabinets shall be screened by a parapet or similar architectural feature.
EF. Fencing and Landscaping.
1. Fencing. Fencing is required to enclose all above-ground support equipment that is
associated with primary support structures. Fencing will be 100 percent sight-obscuring, as
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defined in ACC 18.31.020(C)(2), if visible from a public right-of-way or less intense zone.
Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in
height. Fencing shall meet the sight distance requirements of the city design and construction
standards.
2. Landscaping.
a. Where above-ground support equipment is visible from a public right-of-way, a
minimum width of five feet of Type II landscaping as defined in ACC 18.50.040 will be
provided on the exterior of the enclosing fence in order to effectively screen the equipment
from the public right-of-way. Landscaping shall meet the sight distance requirements of the
city design and construction standards.
b. Where facilities are visible from adjacent residential uses, a minimum width of five feet
of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the
enclosing fence in order to effectively screen the equipment from the adjacent residential
uses.
c. Existing on-site vegetation may be used to meet the landscape requirements if
approved by the planning director.
FG. Aesthetics.
1. In order to minimize any potential, negative aesthetic impacts from new primary support
structures including protecting views to and from residential neighborhoods, mitigation may be
required to blend the facilities in with the adjacent development or environs. Typical solutions for
the support structure might include: an extension of the building, a component of a sign
structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility,
painting or texturing the facility, etc.
2. Building – or roof-mounted antennas will be painted or textured to blend with the adjacent
surfaces.
3. No lettering, symbols, images or trademarks large enough to be legible to occupants of
vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF,
unless required by the FCC or FAA.
4. Except as specifically required by the FAA (but must be approved by the city), freestanding
primary support structures shall be painted a color that best allows them to blend into the
surroundings. The use of grays, blues and greens might be appropriate; however, each
application shall be evaluated individually.
GH. Lighting.
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1. Freestanding support structures shall not be artificially lighted, unless required by the FAA
or other applicable authority. Any proposed lighting shall be submitted at the time of the initial
application. Any lighting must be reviewed and approved by the city.
2. Security lighting used to light the equipment facility shall be directed downward, shielded
and kept within the boundaries of the site.
HI. Abandoned Facilities.
1. Any WCF which is not utilized for a period of nine months or more will be considered
abandoned.
2. Any WCF which falls into a state of disrepair as determined by the planning director will be
considered abandoned.
3. Any WCF considered to be abandoned must be removed completely within 90 days from the
date of notification by the city’s code enforcement personnel. The code enforcement personnel
may extend the 90-day period should a valid application for use of the facility be submitted to
the city.
IJ. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise
source pursuant to WAC 173-60-040.
JK. Supplemental Information Required for Applications. In addition to the information that is
otherwise required for an application for a permit for a WCF, the following is also required:
1. For a new primary support structure and related equipment, the applicant shall provide the
carrier’s master network plan for the city showing the carrier’s existing WCF locations and
narrative explaining the potential WCF locations over the next year, if known. The applicant
shall also provide technical justification supporting the need for the height of the primary support
structure and why a shorter support structure could not be utilized. Any application for a Type 3-
B facility shall provide technical justification as to why a Type 3-A facility could not be utilized
instead to adequately serve the Auburn community.
2. Narrative description of the facility including whether there is capacity on the proposed
structure for more antennas, methods for minimizing visual impacts of the facilities, etc.
3. A color swatch for the proposed primary support structure.
4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility
including the antenna arrays and above-ground support equipment.
KL. Zones in Which WCF Are Permitted. The following table illustrates which zones the types of
facilities as defined by ACC 18.04.912(J) and 18.04.912(K) are allowed in and which permits are
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required. Microcells, as defined by ACC 18.04.912(G), are allowed only in residential zones and
shall be permitted outright pursuant to the provisions of ACC 18.04.912(G).
Type of Permit Required
Zone Permitted
Outright
Administrative
Use Permit
Conditional
Use Permit
All
Zones
1-D 1-D1 1-D2
RO-H 1-A 1-B 1-C
C-N 1-A 1-B 1-C
C-1 1-A 1-B 1-C
C-2,
DUC
1-A 1-B 1-C
C-3 1-B, 2-A 1-C, 2-B, 3-A 3-B
M-1,
EP
1-B, 2-A 1-C, 2-B, 3-A 3-B
M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B
P-1 1-B, 2-A 1-C, 2-B 3-A3
I 1-A
3-C
1-B
4-A
1-C
LF 1-A 1-B 1-C
1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure.
2 Allowance for the WCF to extend to a height of 30 percent of the supporting structure.
3 The maximum height allowed, including antennas, is 45 feet.
LK. Exemptions.
1. Unless otherwise provided for, the following are exempt from the provisions of this section:
a. Microcells as defined by ACC 18.04.912(G).
b. Mobile Testing Facilities/Equipment Used to Test Network Limitations. The
facilities/equipment shall not be at any one location for more than 14 days and shall
otherwise meet the requirements of any other ordinance, regulation or code provision.
2. EWCFs are The following is exempt from the provisions of subsections A. of this section,
Separation between Facilities, B(1) Co-Location Requirements, C. Height (except C(4)), and D.
Setbacks, of this section:.
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a. Emergency communication systems operated by a local public agency responsible for
providing emergency serviceswireless communication facility (WCF).
Chapter 18.35
SPECIAL PURPOSE ZONES
Sections:
18.35.010 Purpose.
18.35.020 Intent of special purpose zones.
18.35.030 Uses.
18.35.040 Development standards.
18.35.050 Additional development standards for both the RO and R-OH zones.
18.35.010 Purpose.
This chapter lists the land uses that may be allowed within the residential office, residential office-
hospital, institutional, and public use zones established by ACC 18.02.070 (Establishment of zones),
determines the type of land use approval required for each use, and provides basic standards for
site layout and building size. (Ord. 6434 § 1, 2012.)
18.35.020 Intent of special purpose zones.
A. General. This section describes the intent for each of the city’s special purpose zones. These
intent statements may be used to guide the interpretation of the regulations associated with each
zone.
B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H are
intended primarily to accommodate small-scale business and professional offices, medical and
dental clinics, and banks and similar financial institutions at locations where they are compatible with
residential uses. Some retail and personal services may be permitted if supplemental to the other
uses allowed in the zone. This zone is intended for those areas that are in transition from residential
to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial
uses is geared towards encouraging adaptive re-use of existing single-family structures that continue
to appear in accord with the single-family residential character. The RO-H designation is to be used
exclusively for the hospital area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is
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intended to be used for medical and related uses and those uses compatible with the medical
community.
C. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and
development of public uses that serve the cultural, educational, recreational, and public service
needs of the community.
D. I Institutional Zone. The I zone is intended to provide an area wherein educational,
governmental, theological, recreational, cultural and other public and quasi-public uses may be
allowed to develop. It is further intended these areas be significant in scope which will allow a
combination of uses which may not be permitted outright within other zones. This district is not
intended to include those smaller or singular public uses which are consistent with and permitted in
other zones.
E. OS Open Space Zone. The OS zone is intended to provide for land uses that tend to be
managed in a largely undeveloped character, including passive parks, watersheds, natural and
urban conservancy shoreline areas, significant wildlife habitats, large stormwater detention ponds or
floodplain ponds, utility corridors with public access, and areas with significant development
restrictions. Park lands included in the open space zone tend to be predominately passive in
character and with relatively fewer developed facilities than parks included in the institutional zone.
Private sites containing critical areas or shorelines may be included. (Ord. 6677 § 2, 2018; Ord. 6434 § 1,
2012.)
18.35.030 Uses.
A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each
special purpose zone and the planning permit required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030
(“Standards for Specific Land Uses”) includes a section number, the referenced section determines
other requirements and standards applicable to the use regardless of whether it is permitted outright
or requires an administrative or conditional use permit.
Table 18.35.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
MARIJUANA RELATED BUSINESSES
Marijuana processor X X X X X
Marijuana producer X X X X X
Marijuana researcher X X X X X
Marijuana retailer X X X X X
Marijuana transporter
business
X X X X X
PUBLIC
Animal shelter, public X X P X X
Government facilities,
this excludes offices
and related uses that
are permitted outright
A A P P C
Municipal parks and
playgrounds
P P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds X X X P P
Recreational vehicle
parks, private
X X X P X
Cemetery, public X X P A X
Cemetery, private X X X A X
College, university,
public
X X A A X
Commercial recreation
facility – Indoor
X X X P X
Commercial recreation
facility – Outdoor
X X X A C ACC 18.57.025(A)
Conference/convention
facility
X X X A X
Library, museum X X P P A
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
Meeting facility, public
or private
A A P P A
Private school –
specialized
education/training (for
profit)
P P X P X
Public schools (K-12)
and related facilities
X X P P X
Religious institutions,
lot size less than one
acre
A P X P X
Religious institutions,
lot size more than one
acre
C A X P X
Studio – Art, dance,
martial arts, music, etc.
P X X X X
RESIDENTIAL
Duplex P1 X X A X
Home occupation P P X P P Chapter 18.60 ACC
Live/work, work/live
unit
A P X A X
Marijuana cooperative X X X X X
Multiple-family
dwellings, stand-alone
P2 A3 X A X
One detached single-
family dwelling
P X X X P5
Nursing home,
assisted living facility
A A X P X
Senior housing A A X A X
RETAIL
Restaurant, cafe,
coffee shop, excluding
drive-through facilities
A A P A X
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
SERVICES
Banking and related
financial institutions,
excluding drive-
through facilities4
P P X X X
Daycare, including
mini daycare, daycare
center, preschools or
nursery schools
A P X P A
Home-based daycare P P X P P
Medical services –
Clinic or urgent care4
P P X X X
Mortuary, funeral
home, crematorium
X P X X X
Professional offices P P X A A
Personal service
shops
P P X X X
Pharmacies X P X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Utility facilities,
substations, utility
transmission or
distribution line
X X X X A See ACC 18.02.040(E)
Emergency wireless
community facility
(EWCF)
X X X P X See ACC 18.04.912 and
18.31.100
OTHER USES THAT ARE NOT LISTED
Other uses may be
permitted by the
planning director or
designee if the use is
determined to be
consistent with the
intent of the zone and
P P P P P
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Permitted, Administrative, Conditional and Prohibited Uses by Zone
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I OS
is of the same general
character of the uses
permitted
Notes:
1 Duplexes, 3,600 square feet of lot area per dwelling unit is required.
2 Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit.
3 Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit.
4 Permitted within a Public College or University as an Amenity or Service Provided to Students: A stand-
alone bank or medical services/clinic is not permitted.
5 One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open
space zone.
(Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.)
18.35.040 Development standards.
Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected,
relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements
in Table 18.35.040 (RO, RO-H, P-1, I Zone Development Standards) and in compliance with the
provisions of this title, and then only after securing all permits and approvals required hereby. These
standards may be modified through either an administrative variance or variance, subject to the
procedures of Chapter 18.70 ACC.
Table 18.35.040. RO, RO-H, P-1, I, OS Zone Development Standards
Development Feature
Requirement by Zones
RO
Residential
Office
RO-H
Residential
Office-Hospital
P-1
Public Use
I
Institutional
OS
Open Space
Minimum lot area 7,200 sf None None 6,000 sf None
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Development Feature
Requirement by Zones
RO
Residential
Office
RO-H
Residential
Office-Hospital
P-1
Public Use
I
Institutional
OS
Open Space
Minimum lot width,
depth
50 ft, 80 ft None None 60 ft, 80 ft None
Maximum lot coverage 55 percent (1) None None 35 percent 5 percent
Maximum impervious
area
NA NA NA NA 20 percent (7)
Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for exceptions to
these requirements.
Front 20 ft (2) 10 ft 20 ft 20 ft 20 ft
Side – Interior 5 ft None 5 ft (4) 5 ft 5 ft
Side – Corner 10 ft 10 ft 10 ft 10 ft 10 ft
Rear 25 ft (3) None 25 ft 25 ft 25 ft
Accessory structure(s) See note (5)
below
NA NA See note (5)
below
Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height limitations –
Exceptions) for height limit exceptions.
Maximum height 35 ft 65 ft 45 ft 45 ft (6) 35 ft
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming
structures, land and
uses
See Chapter 18.54 ACC
Notes:
1 New single-family residential or conversions of single-family residences to commercial uses with additions greater
than a total or cumulative area of 200 square feet on the property since the adoption of Ordinance No. 6231, then
the maximum lot coverage is 35 percent.
2 New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the front yard setback is 10 feet.
3 New single-family residential or conversions of single-family residences to commercial uses with additions of 200
square feet or less, then the rear yard setback is 15 feet.
4 A 25-foot setback is required when adjacent to a residential zone.
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5 Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback
may be reduced to five feet; provided, that any structure with a vehicle entrance from a street (public or private) or
public alley shall be set back a minimum of 20 feet.
6 Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings: 16 feet.
7 Maximum impervious area includes all hard surfaces per ACC 13.48.010(J).
(Ord. 6677 § 4, 2018; Ord. 6434 § 1, 2012.)
18.35.050 Additional development standards for both the RO and RO-H zones.
A. All uses shall be conducted entirely within an enclosed structure, except noncommercial
municipal automobile parking facilities in the RO-H zone.
B. There shall be no outside storage of materials allowed.
C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties.
D. No on-site hazardous substance processing and handling, or hazardous waste treatment and
storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-
site hazardous waste treatment and storage facilities shall be subject to the state siting criteria
(Chapter 70.105 RCW).
E. Any new construction, including additions and alterations, within the RO district shall utilize
similar bulk, scale, and architectural and landscape elements of the existing site structure or those of
the neighborhood in which the property is located. A site plan and building elevation plans shall be
prepared by the applicant which address compliance with the requirements as outlined in this
subsection. The plans shall be approved by the planning director or designee prior to the issuance of
any building permits.
The planning director and the public works director or designees may deviate from the development
standards under ACC 18.35.040 up to 10 percent, for example, reduce rear yard setback by one and
one-half feet, to address unusual circumstances for conversions of single-family residential uses to
nonresidential uses. (Ord. 6434 § 1, 2012.)
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March 2019 1
Memorandum
TO: Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Alexandria Teague, Planner II, Department of Community Development
DATE: March 21, 2019
RE: City File No.: ZOA18-0001 – PSERN Zoning Code Amendments
PROPOSAL: The Puget Sound Emergency Radio Network (PSERN) has submitted applications for code
amendment and associated environmental review to change the following three zoning code chapters:
• Chapter 18.04 (Definitions),
• Chapter 18.31 (Supplemental Development Standards), and
• Chapter 18.35 (Special Purpose Zones)
The amendments establish a new land use category of “emergency wireless communication facility
(EWCF)”, modify the applicable zoning development standards and allow siting of EWCFs in the I,
Institutional zoning district.
FINDINGS OF FACT:
Background & Proposal
1. Puget Sound Emergency Radio Network (PSERN) is a public safety wireless communications
network intended to replace the current King County (KC) Emergency Radio Communications
System, which is 20 years old and is limited in coverage. PSERN, much like the KC Emergency
Radio Communications System, will be used by first responders to coordinate activities during
emergency incidents, and will be used by all jurisdictions in King County. Due to the increase in
population within the region since the current system was initiated, additional radio coverage is
needed. The current system is to be replaced in order to provide greater coverage and increase
reliability. Replacing the KC Emergency Radio Communication System will involve both
upgrading existing WCFs and constructing new WCFs.
2. The new emergency wireless communication facility (EWCF) to be located in Auburn is proposed
to enhance E-911 emergency communications by increasing coverage throughout the region.
PSERN selected a site based on extensive technical analysis and site selection process. The site
elevation, tower height and presence of surrounding obstacles such as tree vegetation are
critical factors in site selection. EWCF siting is predicated on radio frequency (RF) engineering
which uses line-of-sight (LOS) technology. LOS technology requires an unobstructed path
between receivers and transmitters. Obstructions include trees, other structures, and even the
landscape (e.g. hills). Therefore, to achieve adequate communication signal coverage a tower
and its antennas must be of a higher than surrounding obstructions.
Ordinance 6716 Exhibit B
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EWCF: PROPOSED AMENDMENT
March 2019 2
3. The proposed EWCF in short, consists of a self-supporting tower that is 180 feet in height (185’
with lightning rod) with four (4) antennas and two (2) microwave dishes on the tower, and an at
grade equipment facility including an emergency backup power generator at the base of the
tower within a fenced yard.
4. The proposed EWCF is on an 8.38-acre parcel, located west of the intersection of Auburn Way S
and 32nd St SE, on Auburn Adventist Academy owned property.
5. The subject parcel is divided by two roadways; of Auburn Way South and 32nd St SE and is
currently split zoned as I, Institutional and R-5, Residential 5 dwelling units per acre. The
centerline of Auburn Way South defines the location of the split zone boundary (reference map
in Attachment Exhibit B). The land use designation of the subject property is also split between
“Single Family Residential” and “Institutional”. The split land use designation falls along exactly
the same lines as the split zoning. The majority of the 8.38 parcel is zoned (and though not
shown, is designated) “Institutional”. Due to the location and nature of the specific proposal in
Auburn and the compatibility of the Institutional zone with the proposed use, the Director of
Community Development issued an Administrative Decision, indicating that the entire subject
property will be regulated using the Institutional zone’s zoning development standards
(reference Attachment Exhibit B.
6. The City’s existing zoning code requirements, which are primarily oriented to private WCF
carriers, does not allow such a facility. Therefore PSERN has applied for zoning code changes to
accommodate the proposed facility.
7. The proposed zoning code amendment has been discussed with the Planning Commission
previously at two regular meetings. Staff has provided two memorandums and presentations as
follows:
a. At the January 23, 2019 Planning Commission regular meeting, staff provided the first
memorandum and presentation regarding the proposed amendments. This discussion
provided an overview of PSERN, its purpose and funding, the definition of a wireless
communication facility (WCF), the supplemental siting standards pertaining to WCFs, and
finally, examples of other jurisdictions’ standards pertaining to Emergency Wireless
Communication Facilities (EWCFs).
b. At the March 5, 2019 Planning Commission meeting, staff provided the second
memorandum and presentation. The purpose of the March 5th discussion was to respond to
the Commission’s questions of the first meeting and to outline options and seek guidance
on code direction for regulating collocation on and the height of EWCFs.
Procedural Steps
8. Pursuant to Revised Code of Washington (RCW) 36.70A the proposed zoning code amendment
language was transmitted to the Washington State Department of Commerce requesting an
expedited review (consisting of a 14-day period) on December 10, 2019. On January 7, 2019 the
City received notice that expedited review had been granted, and that upon receipt of the email
the City met the notice to state agency requirements contained in RCW 36.70A.106. The City did
not receive any state agency comments.
9. A State Environmental Policy Act (SEPA) non-project environmental checklist was prepared that
evaluates the environmental impacts of the proposed code amendments to Auburn City Code
(ACC) Chapter 18.04 (Definitions), Chapter 18.31 (Supplemental Development Standards), and
Chapter 18.35 (Special Purpose Zones) and to address the physical construction of the EWCF.
10. A combined SEPA determination of non-significance (DNS), Notice of Application (NOA), and
Notice of Public Hearing (NOPH) was issued on December 10, 2018. A revised DNS and NOA was
reissued on December 19, 2019 to solely cancel the NOPH, which was included in error. The
combined DNS and NOA established a 15-day SEPA public comment period which expired at
5:00 PM on December 25, 2018 (December 26, 2018 as December 25th is a federally observed
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EWCF: PROPOSED AMENDMENT
March 2019 3
holiday). The combined public notification provided public comment opportunity under both
SEPA (City file no. SEP18-0015) and the zoning amendment (City file no. ZOA18-0001).
11. As of the date of writing of this report, staff has received three public comments the comment
letters are included as Attachment Exhibit C. The comments were received from Jeff Watson
and Richard Wooding on December 19, 2018, December 21, 2018, and December 26, 2018. Two
of the comments were provided by Mr. Watson (on December 19, 2018 and December 21,
2018). The majority of Mr. Watson’s comments concerned the City’s procedures on issuing a
combined notice of application (NOA) and SEPA determination of non-significance (DNS). The
City provided written responses to both on December 21, 2018 and January 14, 2019 outlining
the City’s procedures for issuing a combined NOA and SEPA DNS, and addressing other general
inquires of Mr. Watson. Mr. Wooding provided comment (December 26, 2018) that he does not
anticipate the project impacting his property.
12. A Notice of Public Hearing was subsequently issued on March 22, 2019. Pursuant to ACC
Chapter 18.68 the following methods of noticing for the Planning Commission public hearing
were conducted:
a. The NOPH was published in the Seattle Times on March 22, 2019.
b. The NOPH was posted in three general public locations (City Hall, City Annex, and the
City’s Public Land Use Notice webpage).
STAFF RECOMMENDATION: Attached for the Planning Commission’s consideration is the draft code
language (Attachment Exhibit A). Staff recommends the Commission recommend approval of the
amendments, as proposed (Attachment Exhibit A), to the City Council.
In summary, the changes to the three zoning code chapters:
• Chapter 18.04 (Definitions),
• Chapter 18.31 (Supplemental Development Standards), and
• Chapter 18.35 (Special Purpose Zones)
Can be summarized as follows:
Item 1. Amend Chapter 18.04 to Establish a New Land Use Category of EWCFs
Chapter 18.04 Auburn City Code (ACC) contains the definition of a wireless communication facility and
its related components (e.g. antennas), and provides a breakdown of the different types of WCFs. The
purpose of the amendments to Chapter 18.04 is twofold: to define what constitutes an “emergency
wireless communication facility” and to create two new “Types” of wireless communication facility
intended to implement the new definition.
As provided in the proposed zoning code language included in Attachment Exhibit A – an EWCF will be
defined as follows:
K. “Emergency Wireless Communication Facility (EWCF)” means a wireless communications
facility for the purpose of an emergency communication system operated by a local public agency
responsible for providing emergency services.
Two new types of WCFs, intended to implement the new definition of EWCF, are also proposed:
3. TYPE 3. Type 3 is the erection of new (primary) support structures. There are three separate Type
3 categories described as follows:
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EWCF: PROPOSED AMENDMENT
March 2019 4
a. 3-A. Monopoles that are 75 feet or less in height.
b. 3-B. Monopoles that are more than 75 feet in height or lattice towers of any height.
c. 3-C. Monopoles or lattice towers that meet the definition of an EWCF and are 185 feet
or less in structure height.
4. TYPE 4. Type 4 are new antennas erected on existing EWCF (primary) support structures that have
previous city approvals. There is one Type 4 category, which is described as follows:
a. 4-A. Mounting of antennas cannot exceed the following thresholds: 1
i. Increase the height of an existing primary support structure by 10 percent, or 20
feet (whichever is less).
ii. Add an appurtenance to the body of the tower that would protrude from the
outside edge of the tower more than 20 ft.
iii. Install more than four ancillary equipment facilities.
1This section is intended to be interpreted consistent with 47 CFR 1.40001, as amended.
The Type 3-C WCF is a primary support structure (i.e. monopole or lattice tower) that specifically meets
the definition of an EWCF and cannot exceed 185 ft. in structure height. A Type 4 WCF includes
antennas that are mounted on an existing EWCF; it should be noted that the word “antenna” in this
context corresponds to both an “antenna array” meaning one or more rods, panels, discs or similar
device, and an “equipment facility” meaning structure used to contain ancillary equipment for a WCF
which may include cabinets and shelters. A Type 4 WCF is subject to the thresholds listed above.
Item 2. Amend Chapter 18.31 – Modify the Supplemental Siting Standards for WCFs
Chapter 18.31 ACC contains the supplemental siting standards that normally apply to all WCFs. The
supplemental siting standards are intended to guide the location and development of WCF on properties
regulated under this title. The purpose of amending Chapter 18.31 is to create an exemption for EWCFs
and specify the type of permit required for a Type 3-C and Type 4-A WCF.
Exhibit 1. Required and Exempt Supplement Siting Standards Applicable to EWCFs
Required Standards Existing Exemptions Proposed Exemptions
• Co-Location Requirements(B.2)
• Fencing and Landscaping
• Aesthetics
• Lighting
• Abandoned Facilities
• Noise
• Separation between Facilities • Height (except C.4)
• Setbacks
• Co-Location (B.1)
As proposed EWCFs will be exempt from the supplemental height, setback, and co-location (B.1)
requirement siting standards. A couple of items to note regarding the above exemptions:
• Height: While EWCF will be exempt from supplemental height siting standard contained in
Chapter 18.31, by definition (contained in Chapter 18.04) an EWCF cannot exceed 185 ft. in
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EWCF: PROPOSED AMENDMENT
March 2019 5
structure height. The height exemption excludes C(4) which is the requirement that an applicant
provide evidence that the Federal Aviation Administration (FAA) has approved the location of
the (primary) support structure.
• Co-location (B.1): Currently WCFs are required to execute and provide evidence of a
nonexclusive lease with the carrier that allows other carriers to place antennas on the (primary)
support structure. The purpose of the co-location exemption is to remove the requirement that
an EWCF must execute an nonexclusive lease and allow other carriers to locate on their support
structure.
Exhibit 2. Types of Permit Required for EWCFs
Zone Permitted Outright Administrative Use Permit Conditional Use
Permit
Institutional Zone 3-C 4-A N/A
As shown in Exhibit 2, the siting of a Type 3-C WCF (aka EWCF noted in item 1) will be permitted outright
in the Institutional zoning district. The collocating of a Type 4-A WCF (also defined in Item 1), on an Type
3-C WCF will be required to secure an administrative use permit (ADM) prior to the placement the Type
4-A WCF. The ADM process will provide the City the opportunity to review for potential impacts and
establish conditions mitigating impacts of the use and to assure compatibility with other uses in the
zone. It will allow the City the opportunity to solicit and consider public comments on each collocation
proposal.
Item 3. Amend Chapter 18.35 - Add EWCFs as an Allowed Use in the Institutional Zone
Each zoning district features a table of allowed uses that establishes whether a specific use is allowed in
a zone and whether that use is allowed as a permitted, administrative, or conditional use. The table of
allowed uses also indicates which uses are prohibited. Chapter 18.35 ACC contains the table of allowed
uses for the “Special Purpose Zones”. The Institutional zoning district is considered a “Special Purpose
Zone” and its table of allowed uses is included within this chapter. Therefore, the purpose of amending
Chapter 18.31 is to add EWCFs as an allowed use within the Institutional zoning district.
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EWCF: PROPOSED AMENDMENT
March 2019 6
Exhibit 3. Summary of Allowed and Prohibited Uses within the Institutional Zone
Allowed Prohibited
Permitted
• Government facilities, this excludes offices and
related uses that are permitted outright
• Municipal parks and playgrounds
• Campgrounds
• Recreational vehicle parks, private
• Commercial recreation facility – Indoor
• Library, museum
• Meeting facility, public or private
• Private school – specialized education/training
(for profit)
• Public schools (K-12) and related facilities
• Religious institutions, lot size less than one acre
• Religious institutions, lot size more than one
acre
• Home occupation
• Nursing home, assisted living facility
• Daycare, including mini daycare, daycare
center, preschools or nursery schools
• Home-based daycare
• Other uses may be permitted by the planning
director or designee if the use is determined to
be consistent with the intent of the zone and is
of the same general character of
the uses permitted
• Emergency Wireless Communication Facilities
(EWCF) – subject to the standards for specific
land use contained in ACC 18.04.912, 18.31.100
• Marijuana processor
• Marijuana producer
• Marijuana researcher
• Marijuana retailer
• Marijuana transporter business
• Animal shelter, public
• Studio – Art, dance, martial arts, music, etc.
• Marijuana cooperative
• Multiple-family dwellings, stand-alone
• One detached single-family dwelling
• Banking and related financial institutions,
excluding drive-through facilities (4)
• Medical services – Clinic or urgent care (4)
• Mortuary, funeral home, crematorium
• Personal service shops
• Pharmacies
• Utility facilities, substations, utility
transmission or distribution line
Administrative
• Cemetery, public
• Cemetery, private
• College, university, public
• Commercial recreation facility – Outdoor
• Conference/convention facility
• Duplex
• Live/work, work/live unit
• Multiple-family dwellings, stand-alone
• Senior housing
• Restaurant, cafe, coffee shop, excluding drive-
through facilities
• Professional offices
(4) Permitted within a public college or university as an amenity or service provided to students. A stand-alone bank or medical
services/clinic is not permitted.
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EWCF: PROPOSED AMENDMENT
March 2019 7
ATTACHMENTS:
Exhibit A – Proposed PSERN EWCF Code Amendment
Exhibit B – PSERN Administrative Decision
Exhibit C – Received Public Comments
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EXHIBIT B. PSERN Administrative Decision
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PSERN – Zoning Code Amendment
Emergency Wireless Communication Facility
ZOA18-0001
EXHIBIT C – PUBLIC COMMENTS
Page 101 of 227
From:Alexandria Teague
To:"Jeffrey.Watson@muckleshoot.nsn.us"
Cc:Jeff Dixon
Subject:RE: ZOA18-0001 SEP18-0015
Date:Friday, December 21, 2018 11:14:13 AM
Attachments:PSERN subject parcel excerpt land use designation map.pdf
PSERN subject parcel excerpt zoning map.pdf
PSERN Administrative Decision.pdf
Sheet 10_PSERN Prelim Civil Plans.pdf
Good morning Jeff,
Thank you for your questions, repeated below in bold. In your e-mail of December 19, 2018, you
posed 7 questions. It appears that questions 2 ,3, 5, and 7 have been addressed. This e-mail
addresses the remaining 3 questions by providing the following responses regarding questions 1, 4,
and 6. I’ve also provided a further response to question 7.
· Question 1 - Maybe I’m seeing things, but your map (HERE) shows the zoning for the
project site listed on the Notice of Application (NOA) as R-1; land use appears to me as
being “Single Family Overlay”
To be responsive to your question, I’ve attached an excerpt of the zoning map and a
separate excerpt of the land use designation map (Comprehensive Plan). The subject parcel,
highlighted in blue on the attached maps, is “split zoned” consisting of R-5, Residential 5
dwelling units per acre and I, Institutional. Also, the subject parcel also features a split land
use designation of “Single Family Residential” and “Institutional”. It should be noted that the
majority of the subject parcel has both zoning and land use designation of Institutional
categories. The Director has issued an Administrative Decision that provides that the
subject parcel will be regulated using the “I, Institutional “ zoning standards for the specific
purpose of accommodating the proposed use (the emergency communication wireless
communication facility (WCF)). The basis of this decision is explained in the attached
Administrative Decision.
The majority of the parcel is developed with institutional-type uses while the portion located
southwest of Auburn Way South is currently vacant. Provision of these maps with the
parcel outlined should clear up your question of the classifications that apply.
· Question 4 – WAC 197-11-355 provisions for the “expected” DNS and the single
integrated comment period; this NOA seems to indicate that the DNS is being issued as of
12/14/2018
Not sure what you’re referring to when you say “expected DNS”. The section of the State
Environmental Policy Act (SEPA) that you reference WAC 197-11-355 provides for an
“Optional DNS Process”. This section allows the city combine the comment period under
SEPA with those a notice of application (NOA) for a Determination. The purpose of the WAC
197-11-355 is “to use a single integrated comment period to obtain comments on the notice
of application and the likely threshold determination for the proposal”. While it is not clear,
your question appears to put emphasis on the use of the word “project”. The purpose of
WAC 197-11-704 is to define what is an “action” subject to SEPA. As provided in WAC 197-
11-704 both the specific project proposal (the construction of the emergency
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communication WCF) and the non-project proposal (the proposed text amendment to Title
18 “Zoning”) are both “actions” subject to SEPA . Further, the SEPA rules under WAC 197-
11-060 promote and require combining proposals or parts of proposal that are closely
related. I’ve highlighted the pertinent section of WAC 197-11-060 below. It should also be
noted that the specific project proposal and non-project proposal are consistent with b(i)
and b(ii) below.
Code excerpt: ---------------------------------------------------------------------------
WAC 197-11-060
Content of environmental review.
(1) Environmental review consists of the range of proposed activities, alternatives,
and impacts to be analyzed in an environmental document, in accordance with
SEPA's goals and policies. This section specifies the content of environmental review
common to all environmental documents required under SEPA.
(2) The content of environmental review:
(a) Depends on each particular proposal, on an agency's existing planning
and decision-making processes, and on the time when alternatives and
impacts can be most meaningfully evaluated;
(b) For the purpose of deciding whether an EIS is required, is specified in the
environmental checklist, in WAC 197-11-330 and 197-11-444;
(c) For an environmental impact statement, is considered its "scope" (WAC
197-11-792 and Part Four of these rules);
(d) For any supplemental environmental review, is specified in Part Six.
(3) Proposals.
(a) Agencies shall make certain that the proposal that is the subject of
environmental review is properly defined.
(i) Proposals include public projects or proposals by agencies,
proposals by applicants, if any, and proposed actions and regulatory
decisions of agencies in response to proposals by applicants.
(ii) A proposal by a lead agency or applicant may be put forward as
an objective, as several alternative means of accomplishing a goal, or
as a particular or preferred course of action.
(iii) Proposals should be described in ways that encourage
considering and comparing alternatives. Agencies are encouraged to
describe public or non-project proposals in terms of objectives
rather than preferred solutions. A proposal could be described, for
example, as "reducing flood damage and achieving better flood
control by one or a combination of the following means: Building a
new dam; maintenance dredging; use of shoreline and land use
controls; purchase of flood prone areas; or relocation assistance."
(b) Proposals or parts of proposals that are related to each other closely
enough to be, in effect, a single course of action shall be evaluated in the
same environmental document. (Phased review is allowed under subsection
(5).) Proposals or parts of proposals are closely related, and they shall be
discussed in the same environmental document, if they:
Page 103 of 227
(i) Cannot or will not proceed unless the other proposals (or parts of
proposals) are implemented simultaneously with them; or
(ii) Are interdependent parts of a larger proposal and depend on the
larger proposal as their justification or for their implementation.
--------------------------------------------------------------------------------------------
Lastly, the DNS was originally issued on December 10, 2018 as a combined Notice of
Application (NOA), Determination of Non-significance (DNS), and Notice of public hearing
(NOH); the notice was re-issued on December 19, 2018 solely to remove the notice of public
hearing as the date and time of the Planning Commission public hearing is yet to be
determined. As an interested party, you were sent both the original and revised notices.
The Notice describes a formal comment period being observed until December 26, 2018
(due to the holiday). There will be additional opportunity for public comment at the future
public hearing when it is held.
· Question 6 - Permitted outright in the “I” zone? At the very least I would think a ACUP
would be warranted; there’s a lot of SFR up there.
Yes, the current proposal by staff is to allow the use to be permitted outright in the I,
Institutional zoning district. This approach is similar to several nearby jurisdictions. Thank
you for your comment, that you believe a conditional use permit (CUP) is warranted; it will
be considered in our discussions of the proposed text amendment with the Planning
Commission.
· Question 7 - I haven’t gone through all of your documentation but I don’t see a “site
plan”; the exact location of the proposed tower would be helpful as there is a lot of
infrastructure in a 180 ft. radius depending on placement.
As stated in the notice, the application materials, including site plan, associated with the
combined NOA and DNS are included on the City’s “Public Land Use Notices” webpage. The
preliminary civil plan, included on the public notice page for the PSERN project, depict a site
plan and the location of the proposed WCF facility relative to the property lines. The tower
is proposed to be located on the portion of the lot located southwest of Auburn Way South.
I’ve attached a sheet from the preliminary civil plan that depicts the location of the tower.
Thank you again for your questions. I believe between this e-mail and the previous ones, staff has
fully answered your questions. If you have further specific questions or concerns, I would be happy
to meet with you to disucss.
Sincerely,
Alexandria
Alexandria Teague, Planner II
Community Development
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City of Auburn | www.auburnwa.gov
253.931.3088 | ateague@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | https://www.surveymonkey.com/r/XNSL95J
Application Forms | http://www.auburnwa.gov/services/resource_library/forms.htm
Zoning Maps | http://www.auburnwa.gov/services/resource_library/maps.htm
From: Jeffrey Watson <Jeffrey.Watson@muckleshoot.nsn.us>
Sent: Wednesday, December 19, 2018 4:39 PM
To: Alexandria Teague <ateague@auburnwa.gov>
Subject: RE: ZOA18-0001 SEP18-0015
… although… not to split hairs but I don’t how you can issue a DNS (especially under 197-11-355)
for both the project and the non-project code amendment… by definition you can’t use 355 as it is
for the “… integrated project review process (RCW 36.70B.060).”WAC 197-11-704
Action.
(1) "Actions" include, as further specified below:
(a) New and continuing activities (including projects and programs) entirely or partly
financed, assisted, conducted, regulated, licensed, or approved by agencies;
(b) New or revised agency rules, regulations, plans, policies, or procedures; and
(c) Legislative proposals.
(2) Actions fall within one of two categories:
(a) Project actions. A project action involves a decision on a specific project, such as
a construction or management activity located in a defined geographic area. Projects include
and are limited to agency decisions to:
(i) License, fund, or undertake any activity that will directly modify the environment,
whether the activity will be conducted by the agency, an applicant, or under contract.
(ii) Purchase, sell, lease, transfer, or exchange natural resources, including publicly
owned land, whether or not the environment is directly modified.
(b) Nonproject actions. Nonproject actions involve decisions on policies, plans, or
programs.
(i) The adoption or amendment of legislation, ordinances, rules, or regulations that
contain standards controlling use or modification of the environment;
(ii) The adoption or amendment of comprehensive land use plans or zoning ordinances;
(iii) The adoption of any policy, plan, or program that will govern the development of
a series of connected actions (WAC 197-11-060), but not including any policy, plan, or
program for which approval must be obtained from any federal agency prior to
implementation;
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(iv) Creation of a district or annexations to any city, town or district;
(v) Capital budgets; and
(vi) Road, street, and highway plans.
(3) "Actions" do not include the activities listed above when an agency is not involved.
Actions do not include bringing judicial or administrative civil or criminal enforcement
actions (certain categorical exemptions in Part Nine identify in more detail governmental
activities that would not have any environmental impacts and for which SEPA review is not
required).
From: Jeffrey Watson
Sent: Wednesday, December 19, 2018 3:51 PM
To: 'Alexandria Teague'
Subject: RE: ZOA18-0001 SEP18-0015
After digging into the file a bit I think you can disregard questions 2,3,5, and 7 for now…
From: Jeffrey Watson
Sent: Wednesday, December 19, 2018 9:51 AM
To: 'Alexandria Teague'
Subject: ZOA18-0001 SEP18-0015
Good Morning Alex,
A few quick questions:
1) Maybe I’m seeing things but your map (HERE) shows the zoning for the project site listed on
the NOA as R-1; land use appears to me as being “Single Family Overlay”
2) Are you really able to alter your Zoning code outside of the comp plan amendment process?
3) It appears that the SEPA checklist is project specific; is there not a separate SEPA process for
the Code Amendment?
4) 197-11-355 provisions for the “expected” DNS and the single integrated comment period;
this NOA seems to indicate that the DNS is being issued as of 12/14/2018
5) No Building Permit?
6) Permitted outright in the “I” zone? At the very least I would think a ACUP would be
warranted; there’s a lot of SFR up there.
7) I haven’t gone through all of your documentation but I don’t see a “site plan”; the exact
location of the proposed tower would be helpful as there is a lot of infrastructure in a 180 ft
radius depending on placement.
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Jeffrey A. Watson
Planner III; Planning Division
Community Development Services
Muckleshoot Indian Tribe
39015-A 172nd Ave. S.E.,
Auburn, WA 98092
Office: 253-285-4048
Cell: 253-350-6515
Fax: 253-876-3182
Email: Jeffrey.Watson@muckleshoot.nsn.us
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From:Richard Wooding
To:Alexandria Teague
Cc:Richard Wooding
Subject:Re: PSERN Notice of Application Materials
Date:Wednesday, December 26, 2018 12:41:04 PM
Attachments:image001.png
Alexandria,
It appears from the photos that there would be no direct impact on my property. As I indicated in our conversation I would object to any action that would
have an impact on my present use of my property. I will be out of state and not able to attend any meetings.
Thank you for taking the time to inform me on the proposal.
Dick Wooding
253-732-8940
From: Alexandria Teague <ateague@auburnwa.gov>
Sent: Thursday, December 13, 2018 4:50 PM
To: 'f-vlornaingrid@msn.com'
Subject: RE: PSERN Notice of Application Materials
The location is the parcel with the yellow border that also contains the blue dot.
Sincerely,
Alexandria
Alexandria Teague, Planner II
Community Development
City of Auburn | www.auburnwa.gov
253.931.3088 | ateague@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | https://www.surveymonkey.com/r/XNSL95J
Application Forms | http://www.auburnwa.gov/services/resource_library/forms.htm
Zoning Maps | http://www.auburnwa.gov/services/resource_library/maps.htm
From: Alexandria Teague
Sent: Thursday, December 13, 2018 4:48 PM
To: 'f-vlornaingrid@msn.com' <f-vlornaingrid@msn.com>
Subject: PSERN Notice of Application Materials
Good afternoon Mr. Wooding,
Page 114 of 227
Here is the link to the City’s land use notice page. For more information regarding the PSERN proposal (the letter you received) please visit this website:
https://www.auburnwa.gov/landuse. Once you are on this page, please look for the link titled “PSERN Emergency Wireless Communication Facility”.
Sincerely,
Alexandria
Alexandria Teague, Planner II
Community Development
City of Auburn | www.auburnwa.gov
253.931.3088 | ateague@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | https://www.surveymonkey.com/r/XNSL95J
Application Forms | http://www.auburnwa.gov/services/resource_library/forms.htm
Zoning Maps | http://www.auburnwa.gov/services/resource_library/maps.htm
This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy
or send it to anyone else.
Page 115 of 227
AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
PSERN
CODE AMENDMENT
ZOA18 -0001
CITY COUNCIL
STUDY SESSION
MAY 13, 2019
Department of Community Development
Engineering Services Administrative Services Environmental Services
Community Development Services Maintenance & Operations Services Page 116 of 227
PSERN PROPOSAL + PURPOSE
The Puget Sound Emergency Radio Network (PSERN) has
submitted applications for and requests:
To amend the City’s Zoning Code –Title 18 to allow the use and
siting of emergency wireless communication facility or “EWCFs”
within the I, Institutional Zone to accommodate their self-supporting,
180-foot, unmanned, wireless communications facility.
Page 117 of 227
Planning Commission has reviewed and discussed the
proposed zoning code amendment at two (2) meetings
On April 2, 2019 the Planning Commission held a public
hearing regarding the amendment
PLANNING COMMISSION SUMMARY
Page 118 of 227
PROPOSED CODE AMENDMENT
The code change requested by PSERN affects three Chapters
of the City’s zoning code regulations applicable to WCFs to
accommodate their proposed facility.
The three Chapters the code to be amended include Auburn
City Code Chapter:
18.04 Definitions –
Recognize “EWCF” as a special type of WCFs
18.31 Supplemental Development Standards –
Define two new types of WCFs
Exempt EWCFs from several of the supplemental siting standards
Identify the types of permits required for the two new types of WCFs
18.35 Special Purpose Zones -
Add EWCFs as a new use allowed within the I Zone
Page 119 of 227
Schedule Ordinance No. 6716 for action by City Council at the
regular meeting on May 20, 2019.
STAFF REQUEST
Page 120 of 227
QUESTIONS?
Page 121 of 227
SUPPLEMENTAL INFORMATION
Page 122 of 227
AUBURN’S PROPOSED EMERGENCY WCF
Page 123 of 227
AUBURN’S PROPOSED EMERGENCY WCF
Page 124 of 227
18.04.912 Wireless communications.
Defines WCFs
New definition for EWCFs: K. “Emergency WCF” means an emergency
communication facility system operated by a local public agency
responsible for providing emergency communication services.
Defines types of WCFs
Two New Types of WCFs.
Type 3 -C . Monopoles or lattice towers that meet the definition of an EWCF
and are 185 feet or less in structure height.
Type 4 are new antennas erected on existing EWCF (primary) support
structures that have previous city approvals. There is one Type 4 category:
a Type 4 -A .
AMEND CHAPTER 18.04 “DEFINITIONS”
Page 125 of 227
AMEND CHAPTER 18.31
“SUPPLEMENTAL SITING STANDARDS”
Page 126 of 227
AMEND
CHAPTER
18.35
“SPECIAL
PURPOSE
ZONES”
Page 127 of 227
ZONING CLASSIFICATION
Page 128 of 227
Page 129 of 227
COVERAGE MAPS
Page 130 of 227
Page 131 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No 6718 (Gross)
Date:
May 14, 2019
Department:
City Attorney
Attachments:
Ordinance No. 6718
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For Council Discussion
Background Summary:
This matter was discussed at the May 13, 2019 Study Session.
I t is a "housekeeping" matter.
No changes to f ees are proposed. The City has been moving administrative fees out of the
code and into a Master Fee Schedule. This makes fees easier to find for users.
I n this case, Council approved an increase in business license fees last year and the
increase is ref lected in the fee schedule. However, the code still has the older f ee.
Additionally, staf f found that some of the f ees were in the both the fee schedule and the
code, and other f ees that needed to be moved.
This ordinance deletes the fees from the code. A companion resolution before Council adds
the fees, where appropriate, to the fee schedule.
Rev iewed by Council Committees:
Councilmember:Staff:Gross
Meeting Date:May 20, 2019 Item Number:ORD.C
Page 132 of 227
Page 133 of 227
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 1 of 15 Rev. 2018
ORDINANCE NO. 6718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO
ADMINISTRATIVE FEES, AMENDING SECTIONS 5.10.030
AND 13.06.511, AND CHAPTERS 20.06, 20.08, AND 20.10
OF THE AUBURN CITY CODE
WHEREAS, Section 5.10.030 of the Auburn City Code (“ACC”) establishes a
general business license fee, but a new fee was adopted in the City’s Master Fee
Schedule; and,
WHEREAS, ACC 13.06.511 establishes certain utility administrative fees, some of
which are also included in the Master Fee Schedule; and,
WHEREAS, Chapters 20.06, 20.08, and 20.10 ACC establish certain franchise-
related fees; and,
WHEREAS, staff recommends that all administrative fees be established in the fee
schedule so that amendments are more easily managed, and so that fees are easier for
the public to find.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 5.10.030 of the Auburn City
Code is amended to read as shown in Exhibit A.
Section 2. Amendment to City Code. Section 13.06.511 of the Auburn City
Code is amended to read as shown in Exhibit B.
Section 3. Amendment to City Code. Section 20.06.180 of the Auburn City
Code is amended to read as shown in Exhibit C.
Page 134 of 227
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Ordinance No. 6718
April 22, 2019
Page 2 of 15 Rev. 2018
Section 4. Amendment to City Code. Sections 20.08.020 and 20.08.140 of
the Auburn City Code are amended to read as shown in Exhibit D.
Section 5. Amendment to City Code. Section 20.10.280 of the Auburn City
Code are amended to read as shown in Exhibit E.
Section 6. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 7. 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 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 8. 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 135 of 227
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Ordinance No. 6718
April 22, 2019
Page 3 of 15 Rev. 2018
Page 136 of 227
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 4 of 15 Rev. 2018
EXHIBIT A
5.10.030 Fees.
Annual license fees are predicated upon the following schedule:shall be as established in the City’s
Fee Schedule. Organizations exempt from taxation under 26 USC 501(C) (3) and (4) are exempt
from paying license fees. Those organizations must be able to show satisfactory proof of status.
A. Organizations exempt from
taxation under 26 USC 501(C)
(3) and (4). Such organizations
must be able to show satisfactory
proof of such status to the city
$-0-
B. General business enterprises $50.00
C. Specific types of business
enterprises identified elsewhere
in the city code
As established
in this title or
other titles of
the Auburn City
Code
D. Re-issuance of lost, stolen or
destroyed license
$5.00
E. For the 2010 calendar year only, the renewal fee
for business licenses for the period of July 1, 2010
to December 31, 2010 shall be $25.00 or one-half
of the required renewal fee.
(Ord. 6309 § 1, 2010; Ord. 5754 § 1, 2003; Ord. 4864 § 1, 1996; Ord. 4242 § 1, 1987; Ord. 4012 § 2, 1984.)
Page 137 of 227
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Ordinance No. 6718
April 22, 2019
Page 5 of 15 Rev. 2018
EXHIBIT B
13.06.511 Fees, service charges, fines, penalties and damage.
A. Service Charge. Hydrant meter assembly deposits and fees for fire protection service line
permits, hydrant permits, purity tests, and meter tests shall be as shown in the city of Auburn fee
schedule.
Service Charge
Convenience shut off $25.00
Delinquent shut off $25.00
Late charge 1% per month of
outstanding bill or
$15.00 minimum,
whichever is greater
Unauthorized turn on/off $60.00
Delinquent meter pull $65.00
Unauthorized fire line or
water hook up
$100.00 a day
fine from date
of discovery
Returned checks each As established in the
city’s fee schedule
Refusal of access per
day
$30.00
Closing final read $30.00
New account setup $25.00
Bill tenant $25.00
After-hours water turn
on/off
$30.00
Escrow estimates $25.00
B. Service Installation Fees. Water service installation fees shall be as shown in the city of Auburn
fee schedule as adopted by Ordinance 5707, and any amendments thereto.
Page 138 of 227
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 6 of 15 Rev. 2018
C. Damage to City Appurtenances. Damage to city appurtenances will be billed to the account at
actual cost to repair or replace, including labor, material, administrative, overhead and other
associated costs.
The finance director is authorized to waive enforcement of the above fees, fines, charges and
penalties in extenuating circumstances.
D. Hydrant Meter Assessments. Use of water from a city hydrant requires a city permit. Type A
permits allow withdrawal of water from dedicated hydrants. Type B permits allow withdrawal of water
from nondedicated hydrants by customers using a city-supplied hydrant meter with RPBA assembly.
In addition to any other penalties, fees or costs enforceable for any of the below-listed violations, the
following additional assessments shall be imposed as shown in the City’s Fee Schedule:
Permit
Type Violation Penalty
A Hydrant meter wrench
loss or damage
$30.00
B Hydrant meter with
RPBA assembly loss
or damage
$1,385.00
maximum
penalty
A Failure to record “Start”
read properly
$250.00
maximum
penalty, per
day, location,
violator and
incident
A Failure to record
“Finish” read properly
$250.00
maximum
penalty, per
day, location,
violator and
incident
A Failure to submit
monthly water
consumption report to
the city
$10.00 per
calendar day
A and B Nonpayment of bill
within 10 calendar
$10.00 per
calendar day
Page 139 of 227
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Ordinance No. 6718
April 22, 2019
Page 7 of 15 Rev. 2018
Permit
Type Violation Penalty
days of reminder
notice
B Nonreturn of hydrant
meter with RPBA
assembly after request
for return
$10.00 per
calendar day
A and B Using a hydrant
without hydrant
operator training
documentation on
hand
$50.00 per
day, location,
violator and
incident
A and B Using a hydrant
without operator
training documentation
$250.00
maximum
penalty, per
day, location,
violator and
incident
A and B Using a hydrant
without permit
documentation on
hand
$50.00 per
day, location,
violator and
incident
A and B Using a hydrant
without permit
documentation
$250.00
maximum
penalty, per
day, location,
violator and
incident
B Loaning out a hydrant
meter with RPBA
assembly to an
unauthorized party
$250.00
maximum
penalty, per
day, location,
violator and
incident
A and B Using a tool other than
the city-supplied
hydrant wrench to
operate a hydrant
$50.00 per
day, location,
violator and
incident
Page 140 of 227
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Ordinance No. 6718
April 22, 2019
Page 8 of 15 Rev. 2018
Permit
Type Violation Penalty
A and B Damage to hydrant or
infrastructure
Complete
reimbursement
to the city for
repair or
replacement
A and B Nonresponse to
revocation of permit or
trained hydrant
operator certificate
$10.00 per
calendar day
A and B Disassembly or
tampering of hydrant,
hydrant meter
assembly or hydrant
meter with RPBA
assembly
$250.00
maximum
penalty, per
day, location,
violator and
incident
(Ord. 6706 § 2 (Exh. B), 2018; Ord. 6236 § 1, 2009; Ord. 6098 § 3, 2007; Ord. 5889 § 2, 2005; Ord. 5849 § 1, 2004;
Ord. 5819 § 1, 2004; Ord. 5216 § 1, 1999.)
Page 141 of 227
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 9 of 15 Rev. 2018
EXHIBIT C
20.06.180 Compensation for use of public ways.
A. The city finds that the public ways to be used by commercial utilities and carriers and operators
in the operation of telecommunications systems within the boundaries of the franchise are valuable
public properties, acquired and maintained by the city at great expense to its taxpayers, and that the
grant of use of said public ways is a valuable property right, without which grantees and franchisees
would be required to invest substantial capital in public way costs and acquisitions; therefore,
grantees and franchisees shall pay the city as a general compensation for the use of the public way
during each year of the term of a franchise a franchise fee as determined by city council, not to
exceed six percent of gross revenues for each quarter of each calendar year. Franchisees shall pay
the franchise fee mandated by this chapter but the city acknowledges and understands that such
amount (and any other fees, assessments, or taxes imposed on franchisees not described in
subsection E of this section) shall appear as a line item on the bill sent to, and shall be collected
from, the subscribers; provided further, that the compensation required from any telecommunications
operator or carrier engaged in the “telephone business,” as defined in RCW 82.04.065, shall be
consistent with RCW 35.21.860.
B. Annual Franchise Fee Adjustments. The initial annual franchise fee percentage shall be the
amount permitted by law of gross revenues unless and until it is further adjusted by city council. Any
such adjustment shall occur at least 60 days before any subsequent annual anniversary date. Any
adjustment shall become effective on the subsequent annual anniversary date.
C. Quarterly Payment. Franchisees shall forward by check wire transfer an amount equal to this
quarterly payment by the fifteenth day of the second calendar month immediately following the close
of the calendar quarter for which the payment is calculated.
D. Late Payment. In the event any quarterly payment is made after noon on the date 10 days after
the date due, franchisees shall pay a late payment penalty of the greater of:
1. Twenty-five dollars; or
2. Simple interest at a 12 percent annual percentage rate on the total amount past due.as shown in
the City’s Fee Schedule.
E. Fees and Compensation Not a Tax. The fees, charges and fines provided for in this title and any
compensation charged and paid for the franchisee’s use of the city’s public ways, whether “fiduciary
or in kind,” are separate from, and additional to, any and all federal, state, local and city taxes as
may be levied, imposed or due from a commercial utility, telecommunications carrier, operator, or
Page 142 of 227
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 10 of 15 Rev. 2018
provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of
utility or telecommunications services.
F. Ruling of Unenforceability. The compensation required from any commercial utility,
telecommunications carrier, operator, or provider shall be as provided by law. In the event any
franchise fee shall be held unenforceable by a court of law which has jurisdiction over the city,
franchisees shall pay the equivalent amount paid in franchise fees as a city utility tax which shall be
applied retroactively to time periods during which the franchise fee was determined to be
unenforceable.
G. Quarterly Report. In order to properly determine the gross revenues received by franchisees, the
franchisee shall on the same date that each quarterly payment is made, file with the director of
finance a sworn copy of a report, in a form acceptable to the city, in sufficient detail to itemize
revenues from each of the revenue categories. The city may, if it sees fit and at its own expense,
have the books and records of franchisees examined by a representative of said city to ascertain the
correctness of the reports agreed to be filed herein. Neither the acceptance of any payment nor any
subsequent review shall be deemed an agreement by the city that the correct payment was paid,
absent a fully authorized written release by the city on any such payments or on such reports. Any
necessary prorations shall be made in the first and last year of each term of the franchise. Any city
request for access to books and records shall be allowed by the franchisee at reasonable times and
for reasonable purposes. Such information shall be held in strict confidence by the city as allowed by
law and used only for the purpose stated herein.
H. Recalculation at End of Compensation Year. At the end of each calendar year, franchisees shall
recalculate the total general compensation actually due. If additional amounts are due the city by
franchisee, said amounts shall be paid by the fifteenth day of February following the calendar year
during which such amounts were originally due. If amounts are found to be due the franchisees by
the city, said amounts shall be credited by the fifteenth day of February during which such amounts
were originally due. Any necessary prorations will be made.
I. Taxes are Not to Be a Credit. The compensation paid under this franchise shall be exclusive of
and in addition to all special assessments and taxes of whatever nature which are applicable to all
other persons or entities doing business within the city, including, but not limited to, ad valorem tax,
sales tax, corporate or business occupation taxes or other taxes or fees imposed or levied by any
governmental entity.
J. Utility Tax Liability – Franchise Fees. Revenues derived directly or indirectly from sources within
the city shall be subject to applicable utility taxes as of the time of commencement of such
operations. Franchise fees shall be in addition to any utility tax, but shall be collectible only to the
extent as then allowed by law, and in no event may the combined utility tax and franchise fee exceed
Page 143 of 227
--------------------------------
Ordinance No. 6718
April 22, 2019
Page 11 of 15 Rev. 2018
six percent of gross revenues in accordance with RCW 35.21.870. Franchise fees, if applicable,
shall be levied on a nondiscriminatory basis.
K. Rights of City. Payment of money under any franchise shall not in any way limit or inhibit any of
the privileges or rights of the city, except insofar as city’s privileges or rights are expressly limited or
inhibited by the terms of a franchise.
L. Annual Report. Franchisees shall file annually with the director of finance, no later than 90 days
after the end of franchisee’s fiscal year, an unaudited statement of revenues (for that fiscal year just
ended) attributable to the operations of the franchisee’s telecommunications system within the city
pursuant to the franchise agreement. The statement shall present a detailed breakdown of gross
revenues and uncollectible accounts for the year. The city may, if it sees fit, have such report audited
by an independent certified public accountant of its choosing. If the audit reveals an underpayment
error in payment by franchisees of more than five percent, then franchisees shall pay for the costs of
the audit. If the audit reveals an error in payment of five percent or less, the city shall pay the costs
of the audit. The report will summarize those accounts reconciled to be within the franchise area by
the city’s quarterly review.
M. Circumventing Payments. Any transaction(s) which have the effect of circumventing payment of
the required franchise fees and/or evasion of payment of franchise fees or any payments due the
city under a franchise by noncollection or nonreporting of gross revenues, bartering, or any other
means which evade the actual collection of revenues for business pursued by franchisees are
prohibited.
N. Best Rates. As allowed by applicable law, part of the compensation to the city for the grant of
any telecommunications franchise, the city shall be entitled to obtain subscriptions, at the city’s
discretion, to the communications service at franchisee’s lowest comparable rate applicable to any
government body or municipality of the state of Washington. In addition, city shall be entitled to
franchisee’s lowest comparable rate applicable to any governmental body or municipality of the state
of Washington for purchase and/or lease, should the city determine to purchase and/or lease,
equipment or modems applicable to government bodies or municipalities in the state of Washington
for purposes of accessing the communications service. (Ord. 6546 § 8, 2014; Ord. 5271 § 1, 1999; Ord.
5034 § 1, 1998.)
Page 144 of 227
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Ordinance No. 6718
April 22, 2019
Page 12 of 15 Rev. 2018
EXHIBIT D
20.08.020 Lease application.
Any person that desires to solicit the city’s approval of a facilities lease pursuant to this title shall file
a lease proposal with the city which, in addition to the information required by ACC 20.06.020, shall
include the following:
A. A description of the facilities or other equipment proposed to be located upon city property;
B. A description of the city property upon which the applicant proposes to locate facilities or other
equipment;
C. Preliminary plans and specifications in sufficient detail to identify:
1. The location(s) of existing telecommunications facilities or other equipment upon the city
property, whether publicly or privately owned.
2. The location and source of electric and other utilities required for the installation and/or
operation of the proposed facilities or equipment;
D. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the
aesthetic impacts of the proposed telecommunications facilities or other equipment;
E. If applicant is proposing to install aboveground and/or overhead facilities:
1. Evidence that surplus space is available for locating its telecommunications facilities on
existing utility poles along the proposed route;
2. Proof of compliance with city’s zoning code;
F. Whether the applicant intends to provide cable service, video dialtone service or other video
programming service, and sufficient information to determine whether such service is subject to
cable franchising;
G. An accurate map showing the location of any existing utility or telecommunications facilities in
the city that applicant intends to use or lease;
H. A description of the services or facilities that the applicant will offer or make available to the city
and other public, educational, and governmental institutions;
Page 145 of 227
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Ordinance No. 6718
April 22, 2019
Page 13 of 15 Rev. 2018
I. A copy of an Auburn business license stamped and signed by the business license clerk, as
designated by the mayor;
J. Proof of ability to meet city’s bonding requirements in Chapter 12.24 ACC when the applicant
does not have an existing standing bond on file with the city sufficient to cover the scope of work
proposed and proof of ability to meet the city’s security requirements in ACC 20.10.240 through
20.10.260;
K. A nonrefundable application fee in the amount of $500.00established in the City’s Fee Schedule;
and
L. Such other and further information as may be requested by the city. (Ord. 5897 § 24, 2005; Ord. 5271
§ 1, 1999; Ord. 5034 § 1, 1998.)
20.08.140 Renewal of facilities lease.
A lessee that desires to renew its facilities lease in effect under this chapter shall, not more than 120
days nor less than 90 days before expiration of the facilities lease then in effect, file an application,
which is determined as complete in accordance with ACC 20.08.030, with the city for renewal of its
facilities lease which shall include the following:
A. The information required pursuant to ACC 20.08.020;
B. Any information required pursuant to the facilities lease agreement between the city and the
lessee;
C. All deposits or charges required pursuant to this chapter;
D. A nonrefundable application renewal fee in the amount of $250.00established in the City’s Fee
Schedule. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Page 146 of 227
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Ordinance No. 6718
April 22, 2019
Page 14 of 15 Rev. 2018
EXHIBIT E
20.10.280 Assignments or transfers of public way agreements,
franchises, or leases.
The assignment or transfer of any business registration, public way agreement, franchise or lease
subject to this title, may not, directly or indirectly, be transferred, assigned or disposed of by sale,
lease, merger, consolidation or other act of the grantee, franchisee, or lessee, by operation of law or
otherwise, without the prior written consent of the city, which consent shall not be unreasonably
withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions
as may be prescribed therein.
A. No public way agreement, franchise, or lease, subject to this title, shall be assigned or
transferred before construction of such systems has been completed to the city’s satisfaction without
prior written consent of the city, which consent shall not be unreasonably withheld or delayed, except
as expressed by ordinance and then only on such reasonable conditions as may be prescribed
therein.
B. The grantee, franchisee, or lessee and the proposed assignee or transferee of the public way
agreement, franchise, or lease shall provide and certify the following information to the city not less
than 90 calendar days prior to the proposed date of transfer:
1. Complete information setting forth the nature, terms and conditions of the proposed transfer
or assignment relating to the public way agreement, franchise or lease;
2. All information required by a public way agreement, franchise, or lease applicant pursuant to
this title with respect to the proposed transferee or assignee;
3. Any other information reasonably required by the city; and
4. A nonrefundable application fee in the amount of $75.00established in the City’s Fee
Schedule.
C. No transfer shall be approved unless the assignee or transferee meets the requirements
contained in ACC 20.04.040(A) and (I) and can comply with the requirements of the public way
agreement, franchise, or lease.
D. Unless otherwise provided in a public way agreement, franchise, or lease agreement, the
grantee, franchisee, or lessee shall reimburse the city for all direct and indirect costs and expenses
reasonably incurred by the city in considering a request to transfer or assign a public way
Page 147 of 227
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Ordinance No. 6718
April 22, 2019
Page 15 of 15 Rev. 2018
agreement, franchise, or lease. No approval shall be deemed approved until all such costs and
expenses have been paid.
E. Any transfer or assignment of a public way agreement, franchise, or lease without prior written
approval of the city under this section or pursuant to a public way agreement, franchise, or lease
agreement shall be void and is cause for termination of the public way agreement, franchise, or
lease. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Page 148 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6719 (Coleman)
Date:
May 14, 2019
Department:
Finance
Attachments:
Ordinance No. 6719
Schedule A
Schedule B
Trans mittal Memo
Budget Impact:
Administrativ e Recommendation:
City Council to introduce and adopt Ordinance No. 6719
Background Summary:
Ordinance No. 6719 (Budget Amendment #2) amends the 2019-2020 Revised Budget as
presented in the attached transmittal memorandum and supporting attachments.
The proposed budget amendment has been revised to ref lect terms and conditions of the
interlocal agreement between the City and South King Housing and Homelessness Partners
(SKHHP), establishing an agency fund, and authorizing the addition of two staff in the
Community Development Department, and appropriating the SKHHP budget f or 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 20, 2019 Item Numb er:ORD.D
Page 149 of 227
-------------------------
Ordinance No. 6719
May 15, 2019
Page 1 of 3
ORDINANCE NO. 6719
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6693, THE 2019-2020 BIENNIAL OPERATING BUDGET
ORDINANCE, AS AMENDED BY ORDINANCE NO. 6712,
AUTHORIZING AMENDMENT TO THE CITY OF AUBURN
2019-2020 BUDGET AS SET FORTH IN SCHEDULE “A” AND
SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 3,
2018, adopted Ordinance No. 6693 which adopted the City of Auburn 2019-2020
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 1, 2019,
adopted Ordinance No. 6712 which amended Ordinance No. 6693 which adopted
the City of Auburn 2019-2020 Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2019 budget as outlined in this Ordinance (BA#2);
and
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2019-2020 Biennial Budget. The 2019-
2020 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Page 150 of 227
-------------------------
Ordinance No. 6719
May 15, 2019
Page 2 of 3
Washington is hereby authorized to utilize revenue and expenditure amounts shown
on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and Schedule
“B” is on file with the City Clerk and available for public inspection.
Section 2. 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,
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:
Page 151 of 227
-------------------------
Ordinance No. 6719
May 15, 2019
Page 3 of 3
____________________________
Steven L. Gross, City Attorney
Published: ___________________
Page 152 of 227
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6719)
Page 1 of 6 5/13/2019 4:18 PM
A - 380,070 277,900 102,170
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
General Fund (#001)
2019 Adopted Budget 18,037,042 72,145,986 77,788,165 12,394,863
Previous Budget Amendments 539,000 (27,700) 538,400 (27,100)
2019 Amended Budget 18,576,042 72,118,286 78,326,565 12,367,763
BA#2 (Ordinance #6719, Proposed):- 141,910 125,490 16,420
Community Development Department:
Initial set-up for South King Housing and Homelessness Partners (SKHHP)- 141,910 125,490 16,420
Revised 2019 Budget - Fund 001 18,576,042 72,260,196 78,452,055 12,384,183
≠ Schedule A
ransfers In ≠ Transfers Out
Page 153 of 227
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6719)
Page 2 of 6 5/13/2019 4:18 PM
A - 380,070 277,900 102,170
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
≠ Schedule A
ransfers In ≠ Transfers Out
Facilities Fund (#505)
2019 Adopted Budget 1,412,874 3,532,500 3,894,563 1,050,811
Previous Budget Amendments 136,000 (31,400) 288,000 (183,400)
2019 Amended Budget 1,548,874 3,501,100 4,182,563 867,411
BA#2 (Ordinance #6719, Proposed):- 4,500 4,500 -
Initial set-up for South King Housing and Homelessness Partners (SKHHP)- 4,500 4,500 -
Revised 2019 Budget - Fund 505 1,548,874 3,505,600 4,187,063 867,411
Page 154 of 227
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6719)
Page 3 of 6 5/13/2019 4:18 PM
A - 380,070 277,900 102,170
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
≠ Schedule A
ransfers In ≠ Transfers Out
Innovation & Technology Fund (#518)
2019 Adopted Budget 2,573,504 6,429,110 6,437,640 2,564,974
Previous Budget Amendments 124,500 118,200 242,700 -
2019 Amended Budget 2,698,004 6,547,310 6,680,340 2,564,974
BA#2 (Ordinance #6719, Proposed):- 8,500 1,000 7,500
Initial set-up for South King Housing and Homelessness Partners (SKHHP)- 8,500 1,000 7,500
Revised 2019 Budget - Fund 518 2,698,004 6,555,810 6,681,340 2,572,474
Page 155 of 227
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6719)
Page 4 of 6 5/13/2019 4:18 PM
A - 380,070 277,900 102,170
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
≠ Schedule A
ransfers In ≠ Transfers Out
IT Capital Fund (#568)
2019 Adopted Budget 1,169,997 - 869,300 300,697
Previous Budget Amendments and CIP Carry-Forwards - 22,500 22,500 -
2019 Amended Budget 1,169,997 22,500 891,800 300,697
BA#2 (Ordinance #6719, Proposed):- 5,000 5,000 -
Initial set-up for South King Housing and Homelessness Partners (SKHHP)- 5,000 5,000 -
Revised 2019 Budget - Fund 568 1,169,997 27,500 896,800 300,697
Page 156 of 227
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6719)
Page 5 of 6 5/13/2019 4:18 PM
A - 380,070 277,900 102,170
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
≠ Schedule A
ransfers In ≠ Transfers Out
SKHHP Fund (#654)
2019 Adopted Budget - - - -
Previous Budget Amendments - - - -
2019 Amended Budget - - - -
BA#2 (Ordinance #6719, Proposed):- 220,160 141,910 78,250
Initial set-up for South King Housing and Homelessness Partners (SKHHP)- 220,160 141,910 78,250
Revised 2019 Budget - Fund 654 - 220,160 141,910 78,250
Page 157 of 227
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #2 (Ordinance #6719)
Page 6 of 6 5/13/2019 4:18 PM
A - 380,070 277,900 102,170
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
≠ Schedule A
ransfers In ≠ Transfers Out
Grand Total - All Funds
2019 Adopted Budget 121,191,833 194,308,846 207,147,258 108,353,421
Previous Budget Amendments 10,861,735 6,591,498 18,613,233 (1,160,000)
2019 Amended Budget 132,053,568 200,900,344 225,760,491 107,193,421
TOTAL BA#2 (Ordinance #6719, Proposed)- 380,070 277,900 102,170
Revised 2019 Budget 132,053,568 201,280,414 226,038,391 107,295,591
333,333,982 333,333,982
Page 158 of 227
Schedule B
2019 Appropriations by Fund
Fund
2019
Adopted
Budget
BA#1
(Ord #6712) CIP CFs
BA#2
(Ord #6719)
Total
Amendments
Revised
Budget
General Fund (#001)90,183,028 511,300 - 141,910 653,210 90,836,238
Arterial Street Fund (#102)3,125,877 - 1,995,054 - 1,995,054 5,120,931
Local Street Fund (#103)3,562,780 - 899,476 - 899,476 4,462,256
Hotel/Motel Tax Fund (#104)262,171 6,650 - - 6,650 268,821
Arterial Street Preservation Fund (#105)4,541,657 - 1,791,313 - 1,791,313 6,332,970
Drug Forfeiture Fund (#117)531,497 - - - - 531,497
Housing & Comm Develop Fund (#119)626,458 269,900 - - 269,900 896,358
Recreation Trails Fund (#120)71,426 - - - - 71,426
BIA Fund (#121)164,673 5,400 - - 5,400 170,073
Cumulative Reserve Fund (#122)10,304,512 - 84,400 - 84,400 10,388,912
Mitigation Fees Fund (#124)12,082,337 150,000 1,228,556 - 1,378,556 13,460,893
1998 GO Library Bond Fund (#229)- - - - - -
City Hall Annex 2010 A&B Bond Fund (#230)1,664,900 - - - - 1,664,900
Local Revitalization 2010 C&D Bond Fund (#231)601,696 - - - - 601,696
SCORE Debt Service Fund (#238)2,129,800 - - - - 2,129,800
LID Guarantee Fund (#249)1,648 - - - - 1,648
LID 350 Fund (#275)16,059 - - - - 16,059
Golf/Cemetery 2016 Refunding Fund (#276)374,100 - - - - 374,100
Parks Construction Fund (#321)2,380,772 - 1,285,009 - 1,285,009 3,665,781
Capital Improvements Fund (#328)16,179,927 54,000 2,494,960 - 2,548,960 18,728,887
Local Revitalization Fund (#330)484,500 - 6,000 - 6,000 490,500
Water Fund (#430)19,465,675 115,200 13,000 - 128,200 19,593,875
Sewer Fund (#431)13,371,349 12,100 13,000 - 25,100 13,396,449
Storm Drainage Fund (#432)13,016,714 13,800 13,000 - 26,800 13,043,514
Sewer Metro Sub Fund (#433)21,556,967 - - - - 21,556,967
Solid Waste Fund (#434)21,805,275 - - - - 21,805,275
Airport Fund (#435)1,653,233 40,000 - - 40,000 1,693,233
Cemetery Fund (#436)1,628,060 - - - - 1,628,060
Water Capital Fund (#460)9,175,410 - 3,408,057 - 3,408,057 12,583,467
Sewer Capital Fund (#461)11,945,391 - 1,029,608 - 1,029,608 12,974,999
Storm Drainage Capital Fund (#462)13,898,388 - 646,258 - 646,258 14,544,646
Airport Capital Fund (#465)2,240,105 - 830,908 - 830,908 3,071,013
Cemetery Capital Fund (#466)394,037 - 22,442 - 22,442 416,479
Insurance Fund (#501)1,949,070 - - - - 1,949,070
Workers' Comp Fund (#503)3,300,188 - - - - 3,300,188
Facilities Fund (#505)4,945,374 104,600 - 4,500 109,100 5,054,474
Innovation & Technology Fund (#518)9,002,614 242,700 - 8,500 251,200 9,253,814
Equipment Rental Fund (#550)5,099,232 - - - - 5,099,232
Equipment Rental Capital Fund (#560)6,405,104 82,600 39,000 - 121,600 6,526,704
IT Capital Fund (#568)1,169,997 22,500 - 5,000 27,500 1,197,497
Fire Pension Fund (#611)2,326,269 - - - - 2,326,269
SKHHP Fund (#654)- - - 220,160 220,160 220,160
Cemetery Endowment Fund (#701)1,862,409 - 22,442 - 22,442 1,884,851
Total 315,500,679 1,630,750 15,822,483 380,070 17,833,303 333,333,982
Page 159 of 227
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Nancy Backus, Mayor
Date: May 13, 2019
Re: Ordinance #6719 – 2019-2020 Budget Amendment #2
Budget Amendment #2 is the second amendment of the City of Auburn’s 2019-2020 biennial budget. The
main purpose of this budget amendment of the year is to provide budgetary authorization to implement the
Interlocal agreement between the City and South King Housing and Homelessness Partners (SKHHP),
which was approved via Resolution 5408 in February 2019. This amendment:
• Authorizes the creation of a new agency fund (Fund 654: SKHHP);
• Appropriates the SKHHP 2019 operating budget of $220,160; and
• Appropriates additional budget in the City’s Community Development Department to hire two new
staff as City employees, pay the City’s portion of SKHHP shared revenues, pay additional expenses
as the administering agency on behalf of SKHHP, and to collect payments from SKHHP and other
parties.
To identify requested changes to each affected fund, please refer to the accompanying Schedule A,
Summary of 2019 Budget Adjustments by Fund.
The 2019 SKHHP operating budget is as follows:
Revenues:
Outside Sources $ 68,000
Shared Revenues 152,160
Total $ 220,160
Expenditures:
Salaries and Benefits $ 105,160
Operating Expenses 15,830
Admin Fee (to COA) 20,920
Total $ 141,910
Ending Fund Balance $ 78,250
Page 160 of 227
The additional 2019 City of Auburn, Community Development Department operating budget is as
follows:
Revenues (to the General Fund):
Admin Fee (from SKHHP) $ 20,920
Reimbursements (from SKHHP) 120,990
Total $ 141,910
Expenditures:
Salaries and Benefits $ 105,160
Operating Expenses 8,330
Interfund Charge (IT services) 7,500
Office (cubicle and furniture) 4,500
Total $ 125,490
Ending Fund Balance (General Fund) $ 16,420
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2019 Budget as Amended
2019 Budget as Previously Amended $ 332,953,912
Budget Amendment #2 (Ord #6719) 380,070
Budget as Amended $ 333,333,982
Attachments:
1. Proposed Ordinance #6719 (budget adjustment #2)
2. Summary of proposed 2019 budget adjustments by fund and department (Schedule A)
3. Summary of proposed changes to adopted 2019 budget by fund (Schedule B)
Page 161 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5377 (Gaub)
Date:
May 13, 2019
Department:
Public Works
Attachments:
Res olution No. 5377
Exhibits A through D
Staff Report
Vicinity Map
Cemetery Mas ter Plan
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopts Resolution No. 5377.
Background Summary:
The City of Auburn has determined that a 60 foot section of unopened right-of-way in the
vicinity SE 328th Street between 58th Avenue South and 60th Avenue South and a 30 foot
section of unopened right-of -way in the vicinity of 60th Avenue South north of SE 328th Street
could be vacated to further the City’s master plan f or Mountain View Cemetery. Therefore, a
public hearing should be set to determine if said right-of -way should be vacated.
The right-of -way was dedicated to the public f or street purposes with the West Auburn Five
Acre Tracts on March 28th, 1907. City staf f and utility providers who have an interest in this
right-of-way have reviewed the proposed right-of-way vacation. Through this review, City staff
has determined that the right-of -way as it is currently configured does not meet the needs of
the City and could be vacated. This review has also determined that while the current
configuration does not meet the needs of the City and an east/west alignment between 58th
Avenue South and 60th Avenue South may still be needed to meet f uture connection and
transportation needs in the area, that alignment could be moved to the north edge of Mountain
View Cemetery’s northern most parcel, No. 9262800285. This would require dedication of
right-of-way under a separate action and Resolution.
Resolution No. 5377, if adopted by City Council, sets the date of the public hearing f or
Vacation No. V1-18 f or June 17, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:May 20, 2019 Item Number:RES.A
Page 162 of 227
Page 163 of 227
----------------------------
Resolution No. 5377
ROW Vacation #V1-18
April 5, 2019
Page 1
RESOLUTION NO. 5377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, INITIATING STREET VACATION
PROCEEDINGS AND SETTING A PUBLIC HEARING TO
CONSIDER THE VACATION OF RIGHT-OF-WAY IN THE
VICINITY OF SE 328TH STREET AND 60TH AVENUE
SOUTH.
WHEREAS, the City of Auburn, Washington, has determined through an evaluation
of its needs for streets and right-of-ways in the vicinity of the 60 foot right-of-way of SE 328th
Street between 58th Avenue South and 60th Avenue South and a portion of the 30 foot right-
of-way of 60th Avenue South north of SE 328th Street, that said City right-of-way is no longer
needed to meet the needs of the City and that a public hearing should be set to determine
if said right-of-way should be vacated; and,
WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a
hearing on such vacation shall be set by Resolution, with the date of such hearing being not
more than sixty (60) days nor less than twenty (20) days after the date of passage of such
Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the vacation of right-of-way in the vicinity of the 60
foot right-of-way of SE 328th Street between 58th Avenue South and 60th Avenue South
and a portion of the 30 foot right-of-way of 60th Avenue South north of SE 328th Street,
located within the City of Auburn, Washington, legally described as follows:
Page 164 of 227
----------------------------
Resolution No. 5377
ROW Vacation #V1-18
April 5, 2019
Page 2
THAT PORTION OF SOUTH 328TH STREET, BEING A RIGHT
OF WAY 60 FEET IN WIDTH, ACCORDING TO THE PLAT OF
WEST AUBURN FIVE ACRE TRACTS AS RECORDED
MARCH 28TH, 1907 IN VOLUME 15 OF PLATS, PAGE 12 IN
KING COUNTY, WASHINGTON, SITUATED WITHIN THE
NORTHWEST QUARTER AND THE SOUTHWEST
QUARTER OF SECTION 14, TOWNSHIP 21, NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, GENERALLY
ABUTTING TRACTS 51 AND 60, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT 51
OF SAID PLAT, ALSO BEING A POINT ON THE NORTH
MARGIN OF SOUTH 328TH STREET; THENCE EAST ALONG
SAID NORTH MARGIN TO THE EAST MARGIN OF SOUTH
328TH STREET, ALSO BEING THE EAST LINE OF SAID
SUBDIVISION AND THE WEST LINE OF PARCEL A OF CITY
OF AUBURN BOUNDARY LINE ADJUSTMENT BLA15-0005
RECORDED UNDER RECORDING NO. 20151103900003,
THENCE SOUTH ALONG SAID EAST MARGIN TO THE
NORTHEAST CORNER OF TRACT 60, ALSO BEING A
POINT ON THE SOUTH MARGIN OF SOUTH 328TH STREET,
THENCE WEST ALONG SAID SOUTH MARGIN TO THE
NORTHWEST CORNER OF TRACT 60; THENCE NORTH A
DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON
THIS DESCRIPTION CONTAINS 37,381 SQUARE FEET,
MORE OR LESS.
[Also identified as Exhibit A and depicted in Exhibit B hereto.]
TOGETHER WITH
THAT PORTION OF 60TH AVENUE SOUTH, BEING A RIGHT
OF WAY 30 FEET IN WIDTH, ACCORDING TO THE PLAT OF
WEST AUBURN FIVE ACRE TRACTS AS RECORDED
MARCH 28TH, 1907 IN BOLUME 15 OF PLATS, PAGE 12 IN
KING COUNTY, WASHINGTON, SITUATED WITHIN THE
Page 165 of 227
----------------------------
Resolution No. 5377
ROW Vacation #V1-18
April 5, 2019
Page 3
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, GENERALLY ABUTTING TRACT
51, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT
51 OF SAID PLAT, ALSO BEING THE SOUTHEAST CORNER
OF THE PLAT OF MOUNTAIN VIEW NORTH, RECORDED IN
VOLUME 269 OF PLATS, PAGES 10 THROUGH 16
RECORDS OF KING COUNTY; THENCE SOUTH ALONG
THE WEST AMRGIN OF 60TH AVENUE SOUTH A DISTANCE
OF 60.00 FEET TO THE POINT OF BEGINNING, THENCE
CONTINUING ALONG SAID WEST MARGIN TH TO
SOUTHEAST CORNER OF TRACT 51, ALSO BEING A
POINT ON THE NORTH MARGIN OF SOUTH 328TH STREET,
THENCE EAST A DISTANCE OF 30.00 FEET TO THE EAST
MARGIN OF 60TH AVENUE SOUTH, ALSO BEING THE EAST
LINE OF SAID SUBDIVISION AND THE WEST LINE OF
PARCEL A OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT BLA15-0005 RECORDED UNDER
RECORDING NO. 20151103900003; THENCE NORTH
ALONG SAID EAST MARGIN TO THE EASTERLY
EXTENSION OF A LINE PARALLEL WITH AND 60 FEET
SOUTH OF THE NORTH LINE OF SAID TRACT 51; THENCE
WEST ALONG SAID PARALLEL LINE A DISTANCE OF 30.00
FEET TO THE WEST MARGIN OF 60TH AVENUE SOUTH
AND THE POINT OF BEGINNING.
DITUATE IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON
THIS DESCRIPRITON CONTAINS 7,120 SQUARE FEET,
MORE OR LESS.
[Also identified as Exhibit C and depicted in Exhibit D hereto.]
incorporated by this reference, is set for 7:00 p.m. on the 17th day of June 2019, before the
City Council, with all persons wishing to speak to the vacation at the public hearing being
invited to attend.
Page 166 of 227
----------------------------
Resolution No. 5377
ROW Vacation #V1-18
April 5, 2019
Page 4
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures.
DATED and SIGNED this day of , 2019.
CITY OF AUBURN
______________________________________
NANCY BACKUS
Mayor
Attest:
___________________________________
Shawn Campbell, City Clerk
Approved as to Form:
_____________________________
Steven L. Gross, City Attorney
Page 167 of 227
Page 168 of 227
Page 169 of 227
Page 170 of 227
Page 171 of 227
1 of 2
5/13/2019
V1-18 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V1-18
Applicant: City Initiated
Property Location: Rights-of-Way located in the vicinity of the 60 foot Right-of-Way of SE 328th Street
between 58th Ave South and 60th Avenue South and a portion of the 30 foot Right-
of-Way of 60th Avenue South north of SE 328th Street.
Description of right-of-way:
This ROW proposed for vacation consists of a the 60 foot Right-of-Way of SE 328th Street between 58th Avenue
South and 60th Avenue South and a portion of the 30 foot Right-of-Way of 60th Avenue South north of SE 328th
Street. The SE 328th Street portion of ROW is adjacent to Parcel No. 9262800330, 9262800285 and 1421049011
which are owned by the City of Auburn as part of Mountain View Cemetery. The 60th Avenue South portion of
ROW is adjacent to parcel No. 9262800285 and Parcel No. 1421049003 which is privately owned. The total area
of ROW proposed for vacation is 44,501 (+/-) square feet.
All of the ROW was dedicated for public street purposes by the plat of West Auburn Five Acre Tracts under
Recording Number 475327, Volume 15, Page 12 of Plats, records of King County on March 28, 1907. The ROW
is currently unopened.
See Exhibits “A” through “D” for legal descriptions and surveys.
Proposal:
The City proposes to vacate the above described rights-of-way and dedicate a separate 60 foot alignment from
the north side of Cemetery Parcel No. 9262800285 under a separate action and Resolution. This plan is in
keeping with the City’s 2004 master plan for Mountain View Cemetery. This proposal will eliminate the separation
between cemetery parcels and keep an east/west alignment for connection between 58th Avenue South and 60th
Avenue South for any proposed future need in the area.
Applicable Policies & Regulations:
• RCW’s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• The street vacation furthers the City’s master plan for Mt. View Cemetery.
• The street vacation decreases the right-of-way maintenance obligation of the City.
• The vacation allows the City to clean-up the parcel lines for the Mt. View Cemetery.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, Lakehaven Water
and Sewer District and City staff.
1. Puget Sound Energy (PSE) – PSE received the City’s request for comments regarding the proposed
street right-of-way vacation. There does not appear to be existing PSE electric or gas facilities located
within the proposed right-of-way vacation area.
2. Comcast – Comcast has no objection to the proposed vacation.
Page 172 of 227
2 of 2
5/13/2019
V1-18 Staff Report
3. CenturyLink – CenturyLink currently has underground communications facilities in the portion of SE 328th
Street that is proposed for vacation and will require and easement be reserved.
4. Lakehaven Water and Sewer District – Lakehaven has no comment on the proposed ROW vacation, as
based on the submittal it appears no existing and/or future Lakehaven water system facilities will be
required, desired, or affected by the proposed land use action.
5. Parks – The Parks Department supports of the vacation as it furthers the City’s master plan for Mountain
View Cemetery.
6. Water – No comments.
7. Sewer – No comments.
8. Storm –No comments.
9. Transportation – Transportation supports the vacation with the condition that an equivalent east/west
alignment be dedicated from Mountain View Cemetery’s northern most parcel between 58th Avenue South
and 60th Avenue South to accommodate any future transportation needs in the area.
10. Planning – No comments.
11. Fire – No comments.
12. Police – No comments.
13. Streets – No comments.
14. Construction –No comments.
15. Innovation and Technology – No comments.
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way vacation is being initiated by the City and if
approved, will attach to City owned parcels.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. The City shall dedicate a separate 60 foot alignment from the north boundary of Cemetery Parcel No.
9262800285 under a separate action and Resolution.
2. A public utility easement shall be reserved for CenturyLink Communications facilities along the entire
length and width of the portion of vacated ROW of South 328th Street.
Page 173 of 227
333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet333.3166.70
1:2,000
ROW Vacation #V1-18 Vicinity Map
1in =167 ft
4/11/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 174 of 227
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
1:8,000
ROW Vacation #V1-18 Vicinity Map 2
1in =667 ft
4/11/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 175 of 227
Page 176 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5424 (Gross)
Date:
May 14, 2019
Department:
City Attorney
Attachments:
Res olution No. 5424
Res olution 5424 Exh. A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For Council discussion of the amendments to the Fee Schedule.
Background Summary:
This matter was discussed with Council at the May 13, 2019 Study Session. It is a
"housekeeping" amendment. No changes to the amount of the fees are proposed.
There is one substantive change: Public Works requests a change to the Airport month-to-
month tie down Lease requirements. Currently, the Airport charges f irst and last months' rent.
Because in some cases those tenants pay their rent, but then leave before the end of the
month, the City is required to issue a refund. Staf f believes that the convenience of not
needing to issue a refund outweighs the small risk that someone will not pay their last months'
rent. Not charging last months' rent for tie down space is a common practice at other airports
in the region.
The City has been moving administrative f ees from the city code to the Fee schedule. This
makes fees easier f or users to find.
I n this case, some of the fees were in both the code and the fee schedule, and some just
needed to be moved. A companion ordinance deletes them from the code, and this
resolution adds them to the f ee schedule.
Rev iewed by Council Committees:
Councilmember:Staff:Gross
Meeting Date:May 20, 2019 Item Number:RES.B
Page 177 of 227
Page 178 of 227
--------------------------------
Resolution No. 5424
April 22, 2019
Page 1 of 1 Rev. 2018
RESOLUTION NO. 5424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY’S FEE
SCHEDULE
WHEREAS, the City’s Master Fee Schedule was most recently amended by
Resolution 5413 in March, 2019; and,
WHEREAS, in reviewing the Municipal Code, staff identified additional provisions
that should properly be included in the Fee Schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Master Fee Schedule is amended as shown in Exhibit A. Those
provisions of the Master Fee Schedule that are not specifically amended in this Resolution
remain in full force and effect.
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 179 of 227
5. Franchise Agreements: (Per Ordinance No. 6546, Resolution No. 5114, Resolution No. 5255,
Resolution No. 5319, Resolution No. 5388, and Resolution No. 5413 and Resolution 5424.)
Application/Renewal/Amendment Application Fee
(ACC 13.36.040, ACC 20.06.120, ACC 20.06.130)
$5,300.00 Nonrefundable Initial Fee + plus
the City’s actual costs incurred in excess of
$5,300.00. Initial Fee is due at time of
application any additional costs beyond the
initial fee is due prior to the effective date of
the agreement.
Annual Administration Fee (ACC 20.04.170) Actual City Costs
Annual CATV Franchise Fee (ACC 13.36.230) 5% of Gross Revenue for the prior three
months.
Other Annual Franchise Fee (ACC 20.06.100) Statutorily Permissible Percent of Gross
Revenue
Small Wireless Facility Siting and Construction Permit
Application Fee (ACC 20.02.010, ACC 20.14.020)
$500.00 for Existing, Relocated, or
Replaced Structure for up to five sites or
$1,000.00 for each New Structure
(These fees include all City permitting
costs except the Franchise
Application/Renewal/Amendment and
Administration Fee.)
Late Payment. In the event any quarterly payment is
made after noon on the date 10 days after the date
due
$25.00 or simple interest at 12% annually
on the total amount past due
Assignment or transfer of Franchise $75.00
6. Public Way Agreements: (Per Ordinance No. 6546, Resolution No. 5114, Resolution No.
5319, and Resolution No. 5388 and Resolution 5424.)
Application/Renewal Application Fee (ACC
20.04.020, ACC 20.04.120)
$5,300.00 nonrefundable Initial Fee + plus
the City’s actual costs incurred in excess of
$5,300.00. Initial Fee is due at time of
application any additional costs beyond the
initial fee is due prior to the effective date of
the agreement.
Annual Fee (ACC 20.04.170) Actual City Costs
Assignment of Public Way Agreement $75.00
9. Other Utility Fees: (Per Ordinance No. 5819, Ordinance No. 5944, Resolution No. 3797,
Resolution No. 3953, Resolution No. 4424, Resolution No. 5114, Resolution No. 5134,
Resolution No. 5255, Resolution No. 5319, and Resolution No. 5388, and Resolution No.
5424, .)
Fireline Connection Permit $145.00
Hydrant Installation Permit and Inspection Fee $250.00
Hydrant Use Monthly Rate (applies to Type A and B permits):
3-inch water meter monthly rate, plus
Actual usage at Commercial water rate
Per Current Utility
Rate Schedule
Fire Hydrant Meter Wrench Fee (Type A Permit)(1) $45.00
Page 180 of 227
Hydrant Meter with RPBA, Valve, and Wrench (Type B Permit) – Refundable
Deposit(2)
$2,110.00
Dedicated Hydrant Use and Hydrant Meter Penalties and Charges
Failure to record “Start” read properly(2a)
Failure to record “Finish” read properly(2a)
Failure to submit monthly water consumption report to the city(2b)
Nonpayment of bill within 10 calendar days of reminder notice(2b)
Non-return of hydrant meter with RPBA assembly after request for return(2b)
Using a hydrant without hydrant operator training documentation on
hand(2a)
Using a hydrant without operator training documentation(2a)
Using a hydrant without permit documentation on hand(2a)
Using a hydrant without permit documentation(2a)
Loaning out a hydrant meter with RPBA assembly to an unauthorized
party(2a)
Using a tool other than the city-supplied hydrant wrench to operate a
hydrant(2a)
Damage to hydrant or infrastructure
Nonresponse to revocation of permit or trained hydrant operator
certificate(2b)
Disassembly or tampering of hydrant, hydrant meter assembly or
hydrant meter with RPBA assembly(2a)
$250.00
$250.00
$10.00
$10.00
$10.00
$50.00
$250.00
$50.00
$250.00
$250.00
$50.00
Complete
reimbursement to
the city for repair
or replacement
$10.00
$250.00
Water Use Charge for Unreturned Hydrant Meter (if equipment not returned
for final reading)
$720.00
Water Meter Test Fee, 2” or less $230.00
Water Meter Test Fee, greater than 2” At Actual Cost
Water Meter Removal Fee (3/4” to 1”) – (service line remains) $320.00
Water Meter Removal Fee (1-1/2” to 2”) – (service line remains) $640.00
Water Meter Removal Fee (3” and larger) – (service line remains) At Actual Cost
Water Service Abandonment Permit (City abandons at main, removes meter
and box)
$3,080.00
Water Meter Relocation Permit by City Same as Water
Service Installation
Permit Fee, see
8.a.
Meter Damage/Tamper Repair Permit $500.00 plus
Meter Cost, if
applicable
Water Service Alteration/Repair Permit on Private Property (by Applicant) $85.00
Backflow Permit for Premises Isolation (internal or external) $85.00
Hydraulic Modeling At Actual Cost,
$3,000.00 Deposit
King County Right-of-Way Permit At Actual Cost,
$1,000.00 Deposit
Hourly Rate for Negotiation, Development, Administration, and Execution of
Special Agreements for Utility Service (Franchise Agreements, Service Area
Agreements)
$100.00
Page 181 of 227
Re-Locate Fee (if <45 days from initial locates) $210.00
Side Sewer Repair Permit on Private Property $85.00
Side Sewer Repair Permit in Right-of-Way(3) $165.00
Demolition Cap Permit (cap side sewer before building demolition) $85.00
Side Sewer Relocation/Replacement Permit $135.00
Oil/Water Separator Permit $210.00
Grease Interceptor Permit(3) $210.00
Storm Drainage Repair Permit – Existing Private System on Private Property $85.00
Storm Drainage Repair Permit – Existing System in Public Right-of-
Way/Easement(3)
$165.00
Utilities Payback Administration Fees:
Application Fee(4):
Base Fee (BF)
Per Benefited Parcel (BP)
Application Fee Calculation = BF + (BP x Number of Benefited Parcels)
Payment Processing Fee (per parcel)(5)
Outside Professional Services, including Area of Special Benefit Analysis
$2,100.00
$50.00
$100.00
Time & Materials
Convenience shut off $25.00
Delinquent shut off $25.00
Late charge 1% per month
of outstanding
bill or $15.00
minimum,
whichever is
greater
Unauthorized turn on/off $60.00
Delinquent meter pull $65.00
Unauthorized fire line or water hook up $100.00 a day
fine from date
of discovery
Refusal of access per day $30.00
Closing final read $30.00
New account setup $25.00
Bill tenant $25.00
After-hours water turn on/off $30.00
Escrow estimates $25.00
(1)Non-refundable fee. Wrench is only for withdrawing water at City-designated hydrant fill stations. Applicant will be
charged the Hydrant Use Monthly Rate and all monthly reported water use at Commercial water rates until applicant
notifies City that applicant is no longer using water from City-designated hydrants.
(2)Each year, the hydrant meter with RPBA, Valve, and Wrench must be returned to City for annual maintenance and
testing no later than the date specified by the City at the time of application. The deposit amount will be forfeited if the
equipment is not returned to the City by the deadline. If needed, the City will re-issue a hydrant meter to the applicant
under the same permit. In that instance, the applicant will be billed for any damages to the returned meter; the deposit will
be applied to the re-issued hydrant meter. Upon final return of the equipment to the City, the cost of repairing any
damages will be deducted from the deposit.
(2a)Maximum penalty, per day, location, violator and incident.
(2b)Per calendar day.
(3)If repair or new construction requires work within City right-of-way, including a new connection to the City’s system, a
Construction Permit (EXC - see Section 11) is required in addition to the permit.
Page 182 of 227
(4Payback Agreement Application Fee includes recording and mailing costs.
(5) Fee to be deducted from the amount due to the developer when payback is collected for a parcel.
K. ECONOMIC DEVELOPMENT FEES (per Resolution No. 5388)
COMMERCIAL PARKING LOT FEES
LOT NON-PROFIT ORGANIZATION
(must submit IRS status with
application)
OTHER ORGANIZATION
*$250 minimum flat fee + additional per space / daily fee
Lot 1 – Kiss & Ride
(21 stalls)
$0 / per space / per day $2.50 / per space / per day
Lot 2 – 11 A St NW
(47 stalls)
$0 / per space / per day $2.50 / per space / per day
Lot 3 – Mel’s Lot
(120 stalls)
$0 / per space / per day $2.50 / per space / per day
Lot 4 – B St
(60 stalls)
$0 / per space / per day $1.50 / per space / per day
Lot 5 – Safeway
(122 stalls)
$0 / per space / per day $1.50 / per space / per day
Lot 6 – D St
(20 stalls)
$0 / per space / per day $1.00 / per space / per day
Facilities Lease Fees
Lease Application Fee: $500.00
Lease Renewal Fee: $500.00
Assignment of Lease $75.00
D. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by
Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution
3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270,
Resolution No. 4414, Resolution 4734, Resolution No. 4880, Resolution No. 5016, Resolution
No. 5114, Resolution No. 5181, Resolution No. 5213, Resolution No. 5255, Resolution No. 5319,
and Resolution No. 5388.)
1. Lease Fees
Lease Type:
Open G-D
Open C
Closed J
Closed H
Closed Y & Z
Closed Y1 & Z22
Outside Tiedowns
Storage Rows H-D
Storage Units (185 sq. ft. – Buildings Y&Z)
Storage Units (298 sq. ft.)
$217.00
$258.00
$389.00
$414.00
$480.00
$618.00
$83.00
$139.00
$123.00
$149.00
Page 183 of 227
Storage Units (380 sq. ft. – Buildings Y&Z) $188.00
A security surcharge of $10.00 per month is charged, in addition to the base monthly rental
fees provided in this section, for each tie-down, each hangar door and each storage rental
area, which security surcharge fees are to be used for the provision of increased security at
the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). For
the purposes hereof, each tie-down consists of the structures/facilities necessary to
accommodate one (1) regular sized light aircraft. Furthermore, the hangar doors to which the
security surcharge applies includes all hangars located at the Auburn Municipal Airport,
including those hangars built on land owned by the City but leased to private parties, and
those hangars owned in a condominium type ownership.
The above lease and security surcharge amounts are subject to applicable leasehold taxes,
which shall be paid by the tenant. The total charges, including the above lease rates plus
lease hold tax and surcharge shall be reflected in monthly billing rates. Tenants shall be
given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be
effective January 1, 2019.
Payments. Payments are due on the first of each month, past due as of the 5th and late as of
the 15th. Payments not received by the 15th incur a $25.00 late fee. Payments not received
after 30 days from the due date incur an additional $25.00 delinquency fee each month
payment is delinquent.
Automatic gate electronic cards. One automatic gate electronic card will be issued to
each City rental tenant free of charge. Any additional electronic cards requested by a tenant
are subject to a $25.00 fee. A $15.00 fee refund applies to all serviceable returned cards. An
additional $25.00 replacement fee will be assessed against the tenant for all lost or damaged
electronic cards. All electronic cards must be returned to the airport at the time of lease
expiration.
Each lease shall include an initial payment of first and last months’ rent plus a damage
deposit in the amount of two times the monthly base rate, with the exception of an Outside
Tie-Down Lease which shall include an initial payment of first months’ rent only. Each lease
agreement shall also include terms that authorize the city to apply the damage deposit to
outstanding charges on termination.
2. Daily Transient Parking (overnight)
Tie Down
Open “T”
Enclosed Hangar
$5.00
$25.00
$35.00
3. Base Parking Fee – Designated Spaces
A base vehicle parking fee of $63.00 per month per designated space is charged. There are
ten designated spaces available on a first come basis for pilots to park or store a vehicle for
an extended period of time. All airport rules and regulations apply. A Vehicle Storage Permit
must be completed and appropriate fees paid. The storage of vehicles is for convenience for
the users of the Auburn Airport and is month-to-month.
4. Additional Airport Fees
Gate Cards (each lease gets one card at no charge. Additional cards cost
$25.00. A $15.00 refund applies to all serviceable returned cards.) Limit 2
Cards per space.
$25.00
Page 184 of 227
Annual Aeronautical Business License $250.00
Hangar Waitlist Fee $50.00
5. Waiver of Fees for Governmental Entities or Governmental Affiliated Entities
The Mayor is authorized to waive a portion or all of any (otherwise) required fees for hangar
space rental - if space is available - for governmental entities or government affiliated entities
that provide community service(s) and public benefit(s) to residents, citizens and businesses
of Auburn.
Page 185 of 227
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5426 (Pierson)
Date:
May 15, 2019
Department:
Police
Attachments:
Res olution 5426 Auto Theft Tas k Force
PSATT Interlocal Cooperative Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Council to authorize the Mayor to sign the revised agreement.
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Pierson
Meeting Date:May 20, 2019 Item Numb er:RES.C
Page 186 of 227
--------------------------------
Resolution No. XXXX
DATE
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5426
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDED AND RESTATED INTERLOCAL
AGREEMENT FOR THE PUGET SOUND AUTO THEFT
TASK FORCE
WHEREAS, the City Council adopted Resolution 5303 on June 28, 2019, which
renewed and updated a previous cooperative agreement for the Puget Sound Auto Theft
Task Force (“PSATT”); and,
WHEREAS, the Cities of Puyallup and Redmond, and the Port of Seattle, wish to
join the Task Force; and,
WHEREAS, adding these jurisdictions requires an amendment to the Interlocal
Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Amended and Restated
Interlocal Agreement among the City and the Washington State Patrol, Pierce County
Sheriff’s Office, King County Prosecutor’s Office, the Cities of Bonney Lake, Federal Way,
Lakewood, Puyallup, Redmond, and Tukwila, and the Port of Seattle, 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.
Page 187 of 227
--------------------------------
Resolution No. XXXX
DATE
Page 2 of 2 Rev. 2018
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 188 of 227
1 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
AMENDED AND RESTATED INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF’S OFFICE, KING
COUNTY PROSECUTOR’S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY
LAKE, FEDERAL WAY, LAKEWOOD, PUYALLUP, REDMOND, TACOMA, TUKWILA, AND
THE PORT OF SEATTLE FOR THE CREATION AND MAINTENANCE OF THE PUGET
SOUND AUTO THEFT TASK-FORCE.
This Amended and Restated Interlocal Cooperative Agreement (“Agreement”) amends and restates the
Interlocal Cooperative Agreement between the Washington State Patrol, Pierce County Sheriff’s Office,
King County Prosecutor’s Office, and the Municipalities of Auburn, Bonney Lake, Federal Way,
Lakewood, Tacoma, and Tukwila for the Creation of the Puget Sound Auto Theft-Task Force, effective
January 25, 2018, to add the Municipalities of Puyallup, Redmond, and the Port of Seattle to the
Agreement.
I. PARTIES
The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff’s
Office, King County Prosecutor’s Office, and the Municipalities of Auburn, Bonney Lake,
Federal Way, Lakewood, Puyallup, Redmond, Tacoma, Tukwila, and the Port of Seattle, each of
which is a state, county, or municipal corporation operating under the laws of the State of
Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of
Washington.
III. PURPOSE
The parties to this Agreement wish to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the laws relating to auto theft. This Agreement is intended to
replace previously executed interlocal agreements that were established for the ACE and P.A.T.R.O.L.
Auto Theft Task Forces related to the WATPA grant awards. This Agreement does not replace any
previously executed interlocal agreements by the parties to provide backup law enforcement
services. This team shall be referred to as the Puget Sound Auto Theft Task-Force. The parties do
not intend to create through, this agreement, a separate legal entity subject to suit.
Page 189 of 227
2 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
IV. FORMATION
There is hereby created a multi-jurisdictional team to be hereafter known as the Puget Sound
Auto Theft Task-Force, by the parties (hereafter referred to as participating jurisdictions) to this
Agreement.
V. STATEMENT OF PROBLEM
The Washington State Legislature has recognized that automobiles are an essential part of our
everyday lives. The family car is typically the second largest investment a person owns, the theft of
which causes a significant loss and inconvenience to people, imposes financial hardship, and
negatively impacts their work, school, and personal activities. Appropriate, meaningful, and
proportionate penalties should be imposed on those who steal motor vehicles.
King County, Pierce County, and the municipalities therein have experienced an increase in
urbanization and population densities resulting in an increase in crime associated with auto theft. This
has stretched the resources of individual police department investigative units.
Historically, law enforcement efforts focused on auto theft have been predominately conducted by
agencies working independently. A multi-jurisdictional effort to handle auto theft investigations has
many benefits, including: the more effective use of personnel, improved utilization of funds, reduced
duplication of equipment, improved training, development of specialized expertise, and improved
information sharing. This results in improved services for all participating jurisdictions and increased
safety for the communities they serve through improved auto theft prosecution.
VI. TASK FORCE OBJ ECTIVES
The assigned personnel from each participating jurisdiction will form the Puget Sound Auto Theft
Task-Force, which will serve the combined service areas of all the participating jurisdictions. The Task
Force may also provide assistance to other law enforcement agencies that are not participating
jurisdictions pursuant to chapter 10.93 RCW.
The Task Force’s objective is to provide enhanced and more efficient use of personnel,
equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or
organized auto theft crimes. The Task Force may respond as able, and as approved by the Task Force
Supervisors or Commander, to requests for assistance by any participating jurisdiction or by other law
enforcement agencies pursuant to chapter 10.93 RCW.
VII. DURATION AND TERM INATION
The term of this Agreement shall be one (1) year, effective upon its adoption and consistent with
the Washington Auto Theft Prevention Authority (WATPA) grant period. This Agreement shall
Page 190 of 227
3 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding
through the WATPA grant process.
A participating jurisdiction may withdraw from this agreement by providing thirty (30) days’
written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction’s
withdrawal prior to the WATPA grant’s expiration will be ineligible for related grant funds beyond
reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction’s
withdrawal.
A majority vote of the Board may terminate the Task Force. Any vote for termination shall occur
only when the Department Head, or his or her designee, of each participating jurisdiction was given
reasonable advance notice of the meeting in which such vote is taken and reasonable advance notice
that a vote to terminate the Task Force would be coming before the Board at the meeting.
The participating jurisdictions may completely terminate this agreement by mutual agreement in
writing.
Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations
described in paragraph XVIII of this Agreement with respect to the withdrawing party as to any
incident occurring before the withdrawal of the party. Those obligations described in paragraph XVIII
shall survive the termination of this Agreement with respect to any cause of action, claim or liability
arising on or prior to the date of termination.
VIII. GOVERNANCE
The City of Federal Way, through its Police Department, shall serve as the Lead
Administrative Agency for purposes of this Agreement. The other participating agencies are sub-
recipients. The Lead Administrative Agency shall be responsible for establishing proper
accounting procedures, an audit-trail, and the collection and provision of required reports and
statistics. Sub-recipients shall submit to the Lead Administrative Agency all bills for
reimbursement to ensure that those bills comply with grant policies and regulations prior to the
Lead Agency submitting all reimbursements together to WATPA for payment.
The Task Force shall be governed b y an Executive Board (“Board”) composed of one member
from each participating jurisdiction that has at least one full-time employee assigned to the Task Force
(“Board Member”). Each Department Head shall have an equal vote and voice on all Board decisions.
All Board decisions shall be made by a majority vote of the Board Members, or their designees,
appearing at the meeting where the decision is made. A quorum of the Board must be present for any
vote to be valid. A presiding officer shall be elected by the Board together with such other officers as a
majority of the Board may deem appropriate.
Page 191 of 227
4 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
The Board shall meet quarterly, unless otherwise determined by the Board. Any Board Member
may call extra meetings as appropriate. The presiding officer shall provide no less than forty-eight (48)
hours’ notice of all meetings to all members of the Board; PROVIDED, however, that in emergency
situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board
Members to resolve any issues related to such emergency.
The Board may, at its discretion, adopt policies, regulations, and operational procedures that
shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and
operational procedures shall apply to all operations. Officers assigned to the Task Force remain
employees of their employing agency and are subject to the policies of their employing agency. To the
extent that the written policies, regulations, and operational procedures of the Task Force conflict
with the written policies, regulations, and operational procedures of the individual jurisdictions,
the Task Force members will adhere to the written policies, regulations, and procedures of their
employing agency.
IX. COMMAN D AN D CONTROL
In the event of a mobilizing incident, the primarily responsible agency will be the agency in
whose jurisdiction the incident has occurred. The primarily responsible agency shall appoint a
command level officer to serve as Incident Commander to be the officer in charge of the local event.
The Incident Commander retains full authority and control throughout the incident and shall make any
decision as to the resolution of the incident.
X. T A S K F O R C E STAFF
Upon adoption of this Agreement, the staff listed below shall be assigned and serve at the
pleasure of the Board. The Board shall have authority to determine which participating jurisdictions
will contribute staff and shall have authority to approve of staff assigned by a party. The Board may
change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its
ability, determine which participating jurisdictions may provide staff for the various positions during
the previous year’s budget cycle. A staff member of the Task Force may be removed from his or her
position for any reason by majority vote of the Board or by the chief/sheriff of his or her employing
jurisdiction. All Task Force staff members shall be in good standing with their employing jurisdiction
at all times during their service on the Task Force.
Commander: A Task Force Commander, with the rank of Commander or Captain (or
command level equivalent) from his/her employing jurisdiction shall be appointed by the Board.
The Commander shall act as the principal liaison between the Board and Task Force staff. The
Commander shall operate under the direction of the presiding officer of the Board. The
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Commander shall be responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, and challenges of the Task Force.
The Commander shall prepare monthly written reports to the Board on the actions, progress, and
finances of the Task Force. The Commander shall be responsible for presenting any policies,
regulations, and operational procedures and revisions for Board review and approval.
Task Force Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant
or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded
by WATPA and appointed by the Board, and one (1) non-WATPA-funded supervisor positions will
be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level
supervisors for the Task Force and shall report directly to the Commander.
Task Force Detective: The Task Force shall have seven (7) WATPA-funded detectives assigned
from participating jurisdictions that are appointed by the Board and four (4) non-WATPA-funded
detectives provided by WSP.
Crime Analyst: The Task Force shall have one (1) WATPA-funded crime analyst provided by
one of the participating jurisdictions.
Prosecutor: The Task Force shall have one (1) prosecuting attorney provided by the King
County Prosecutor’s Office to provide direct access to legal support for improved communication and
prosecution of auto theft cases investigated by the Task Force.
Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be considered
employees of the employing jurisdiction, which shall be solely and exclusively responsible for that
employee. All rights, duties and obligations of the employer shall remain with the employing
jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any
applicable collective bargaining agreements or civil service rules and regulations.
XI. EQUIPMENT, TRAINING, AND BUDGET
Equipment, training, and eligible expenses will be paid by the Task Force as provided in the
WATPA grant through the Lead Administrative Agency’s finance department. A participating
jurisdiction that incurs expenses not provided in the WATPA grant is responsible for those
expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a
monthly expenditure invoice to the Lead Administrative Agency’s finance department
documenting those expenses that are eligible for reimbursement through the WATPA grant.
Each participating jurisdiction will provide a vehicle for each full-time Employee assigned
by that participating jurisdiction to the Puget Sound Auto Theft Task-Force. The participating
jurisdiction is responsible for maintenance of vehicles provided to its employees assigned to the
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Task Force.
XII. OVERTIME
Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task
Force supervisor must pre-approve overtime expenditures. Overtime is eligible for reimbursement
only if: (1) a Task Force supervisor authorized the overtime; (2) the overt ime activity is specifically
related to auto theft prevention efforts; and, (3) WATPA funds are available. When the budgeted
overtime funds are depleted, no overtime expenditures will be authorized by the Puget Sound Auto
Theft Task-Force or WATPA. For this reason, available funds for reimbursement will be distributed
according to the applicable provisions of the Task Force Policy Manual until those funds are
depleted. The Task Force Policy Manual is a document that will describe the operational procedures
for the task force. If the WATPA overtime funds are depleted, overtime incurred by a Task Force
staff member shall be the responsibility of the employing jurisdiction.
XIII. REIMB URSEMENT OF FUNDS
Participating jurisdictions requesting reimbursement for approved expenditures must submit
appropriate invoices and itemized receipts monthly, and no more frequently than once each month,
for actual expenses. Each reimbursement request must contain a completed reimbursement request
expenditure form. Reimbursements will be made for actual expenses based upon the available
budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible
for timely submittal of billing documentation and data reporting to the Lead Administrative Agency.
Expenditures made prior to the award date or after the grant expiration date are not authorized and
will not be reimbursed.
WATPA will reimburse participating jurisdictions upon submittal of billing documentation, as
outlined in the WATPA grant award. Requests for reimbursement for per diem (meal and travel
expenditures) must be accompanied by an itemized receipt detailing the item purchased. Copies of
timesheets are required for overtime reimbursement. Reimbursement will be made only up to the
amount of the limit of the award as indicated in the WATPA grant award. Any cost above and
beyond the award limit will be the responsibility of the employing jurisdiction.
XIV. RECORDS
Each party shall maintain records related to the Puget Sound Auto Theft Task-Force in
conformance with the Washington State Secretary of State’s records retention schedule or the
participating jurisdiction’s unique records retention schedule (so long as such unique retention
schedule meets or exceeds the requirements of state law). All records kept by a participating
jurisdiction shall be available for full inspection and copying by any other participating jurisdiction.
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Records related to the Puget Sound Auto Theft Task-Force include but are not limited to bi-annual
WATPA reporting, invoices, and requests for reimbursement along with supporting documentation.
Any party that receives a Public Records Act request for records related to the Puget Sound
Auto Theft Task-Force shall notify within two business-days every other participating jurisdiction to
this Agreement of the request. All participating jurisdictions will search their records to locate and
produce responsive documents.
Criminal investigation reports generated by the Puget Sound Auto Theft Task-Force will be
maintained in the records systems of the employing jurisdiction of the primary Task Force staff
member who created the report. The primary investigator of an incident or case may include in his or
her report supplemental reports that are also filed with another agency by Task Force members.
XV. POLITICAL ACTI VITI ES PROHIBITED
No government funds, including WATPA award funds, may be used for or against ballot
measures or the candidacy of any person for public office.
XVI. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of this Agreement, any assets acquired by the Puget Sound Auto Theft Task-
Force with grant funds shall be distributed by the Board upon a majority vote of all Board members
or their designees.
XVII. PRESS RELEASES
All press releases related to Puget Sound Auto Theft Task-Force activity must be authorized by
the Task Force Commander , who will coordinate the press release with the police agencies in
whose jurisdictions the incident has taken place. In the event that a press release is associated with a
public service announcement or public outreach efforts, the Task Force Commander will coordinate
the press release with the Board.
XVIII. LIABILITY AND INDEMNIFICATION
The Task Force staff assigned by the employing jurisdiction shall continue under the
employment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out
of or related to the services provided to the Task Force or the activities of the Task Force. Each
participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating
jurisdictions in the Task Force in any action arising from the negligence of the employees of that
jurisdiction including all costs of defense including attorney’s fees.
A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to
collectively represent and defend the jurisdictions in any legal action. In the event a jurisdiction
does not agree to joint representation, that jurisdiction shall be solely responsible for all attorney
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fees accrued for its individual representation or defense. The jurisdictions and their respective
defense counsel shall make a good faith attempt to cooperate with other participating
jurisdictions. Cooperation includes, but is not limited to, providing all documentation requested
and making Task Force members available for depositions, discovery, settlement conferences,
strategy meetings, and trial.
B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the
commercial insurance market, an insurance pool, self-insurance, or a combination thereof. The
failure of any insurance carrier or self-insured pooling organization to agree to or follow the
terms of this Agreement shall not relieve any participating jurisdiction from its obligations under
this Agreement.
XIX. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of its conduct in support of Task Force operations, that jurisdiction
shall promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation,
including the claim or legal complaints, shall be provided to each participating jurisdiction within ten
(10) days.
XX. PRE-CLAIM FILING REQUIREMENTS
Section XIX of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify
the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to
the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating
jurisdiction of the requirements set forth in Chapters 4.92 and 4.96 RCW, and the fact that a
participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be
deemed compliance with the requirement that a party who files suit against a jurisdiction first file a
claim with the jurisdiction in accordance with Chapters 4.92 and 4.96 RCW. Moreover, nothing in
this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating
jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate
service of such lawsuit in accordance with the state or federal Rules of Civil Procedure or the Revised
Code of Washington.
XXI. WRITTEN CONSENT TO EN FORCE TRAFFIC AN D CRIM INAL LAWS
Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written consent of
each sheriff or police chief of each participating jurisdiction to permit the officers of any participating
jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the
purpose of this Agreement.
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XXII. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all parties and such
alteration, amendment, or modification shall be effective when reduced to writing and executed in a
manner consistent with this section.
XXIII. FILING
Upon execution, this Agreement shall be filed with the city clerks of the respective participating
municipalities and such other governmental agencies as may be required by law, and each jurisdiction
shall, pursuant to RCW 39.34.040, list this Agreement by subject on its official website.
XXIV. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court
of competent jurisdiction, such adjudication shall not affect the validity of any remaining section,
part, or provision of this Agreement.
XXV. AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its
duly authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction. This Agreement shall be deemed effective
upon the last date of execution by the last so authorized representative, and upon a
successful grant award by WATPA for the July 2019 through June 2021 WATPA grant cycle.
This Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this agreement
on behalf of the participating jurisdiction, and the participating jurisdiction agrees to the terms of
the Agreement.
[Signature Pages Follow]
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INTERLOCAL AGREEMENT
Nancy Backus Date Date
Mayor, City of Auburn City Attorney, City of Auburn
Date
City Clerk, City of Auburn
Neil Johnson Date Date
Mayor, City of Bonney Lake City Attorney, City of Bonney Lake
Woody Edvalson Date
City Clerk, City of Bonney Lake
Jim Ferrell Date J. Ryan Call Date
Mayor, City of Federal Way City Attorney, City of Federal Way
Stephanie Courtney Date
City Clerk, City of Federal Way
Mike Zaro Date Heidi Wachter Date
Chief of Police, City of Lakewood City Attorney, City of Lakewood
Alice Bush Date
City Clerk, City of Lakewood
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John Palmer Date Joseph Beck Date
Mayor, City of Puyallup City Attorney, City of Puyallup
Mary Winter Date
City Clerk, City of Puyallup
John Marchione Date __________________________ Date
Mayor, City of Redmond City Attorney, City of Redmond
Michelle Hart Date
City Clerk, City of Redmond
Elizabeth Pauli Date Date
City Manager, City of Tacoma City Attorney, City of Tacoma
Doris Sorum Date
City Clerk, City of Tacoma
Allan Ekberg Date Rachel Turpin Date
Mayor, City of Tukwila City Attorney, City of Tukwila
Christy O’Flaherty Date
City Clerk, City of Tukwila
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Paul Pastor Date Date
Sheriff, Pierce County Clerk, Pierce County
John R. Batiste Date
Chief, Washington State Patrol
______________________________________
Daniel T. Satterberg Date
Prosecutor, King County Prosecutor’s Office
Steve Metruck Date Traci Goodwin Date
Executive Director, Port of Seattle Sr. Port Counsel
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No 5427 (Martinson)
Date:
May 15, 2019
Department:
Human Resources
Attachments:
Res olution No 5427
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No 5427
Background Summary:
A R esolution of the C ity Council of the City of A uburn, Washington, authorizing the Mayor to
execute and administer an agreement between the C ity of A uburn and Racial E quity
Consulting Group for racial equity training and policy development.
Rev iewed by Council Committees:
Councilmember:Staff:Martinson
Meeting Date:May 20, 2019 Item Numb er:RES.D
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--------------------------------
Resolution No. 5427
May 14, 2019
Page 1 of 1 Rev. 2018
RESOLUTION NO. 5427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AND ADMINISTER AN AGREEMENT BETWEEN
THE CITY OF AUBURN AND RACING TO EQUITY
CONSULTING GROUP FOR RACIAL EQUITY TRAINING AND
POLICY DEVELOPMENT
WHEREAS, the City has identified an interest in racial equity training to provide
professional development opportunities and racial equity policy development; and
WHEREAS, Racing to Equity Consulting Group is qualified to provide those services
in a good and professional manner at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute and administer an Agreement
between the City and Racing to Equity Consulting Group which 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
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5428 (Hinman)
Date:
May 15, 2019
Department:
Administration
Attachments:
Res olution 5428
Green River College 2019 Independent
Contractor Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5428
Background Summary:
The City of Auburn currently operates a Small Business I ncubator made possible, in-part
through grant f unding from the Port of Seattle. Terms of the grant funding also allows for
grant monies to be spent on providing educational training and support services.
Green River College has a Small Business Development Center which can provide certain
business expertise, support services, training and workshops to local businesses.
Using a portion of the Port of Seattle grant funds to contract with Green River College will not
only bring benef it to local start-up and small businesses, but also continue to build and
strengthen the relationships between existing community stakeholders.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:May 20, 2019 Item Number:RES.E
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--------------------------------
Resolution No. 5428
May 14, 2019
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETW EEN THE
CITY OF AUBURN AND GREEN RIVER COLLEGE FOR
THE PURPOSE OF PROVIDING SMALL-BUSINESS
EDUCATION, TRAINING & SUPPORT SERVICES.
WHEREAS, the City of Auburn (“the City”) has entered into an agreement with the
Port of Seattle to accept grant funds for Economic Development purposes; and
WHEREAS, the City currently operates a Business Incubator with the Port of
Seattle grant funds; and
WHEREAS, the purpose of the Business Incubator is to provide office space and
support assistance to small businesses and start -up businesses in the City of Auburn;
and
WHEREAS, Green River College’s Small Business Center and Small Business
Development Center can provide business expertise, support services, and business
training and workshop opportunities; and
WHEREAS, the City desires to contract with Green River College to provide certain
business support, training, workshop, and ancillary services in connection with the City’s
Business Incubator; and
WHEREAS, the parties are authorized by Revised Code of Washington 39.34 to
enter into agreements for the joint exercise of governmental powers.
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--------------------------------
Resolution No. 5428
May 14, 2019
Page 2 of 2 Rev. 2018
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and Green River College for the purpose of providing small business education training
courses and support services, 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
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5429 (Faber)
Date:
May 15, 2019
Department:
Parks/Art and
Recreation
Attachments:
Res olution No. 5429
Contract
Budget Impact:
The cost is estimated at $387,213.00.
Funding is anticipated to be as f ollows:
Source
Amount Percentage
Local Funds (Park Impact
Fees) $215,000 56%
King County
Grant
$175,000 44%
Administrativ e Recommendation:
City Council approve resolution # 5429
Background Summary:
The project will add lighting to the only field at Game Farm Park that is not currently lighted.
This project is a capacity project that will significantly increase playability f or a number of
different sports, while taking pressure of f of other park f acilities.
Rev iewed by Council Committees:
Councilmember:Staff:Faber
Meeting Date:May 20, 2019 Item Number:RES.F
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--------------------------------
Resolution No. 5429
May 14, 2019
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5429
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY ACCEPTING GRANT
FUNDS FOR YOUTH AND AMATEUR SPORTS
WHEREAS, King County is the manager of the Youth and Amateur Sports Fund
(YASF) grant program; and
WHEREAS, King County has selected the City of Auburn to be awarded grant
funds to for the Game Farm Park Field Lighting Project; and
WHEREAS, the acceptance of the grant funds will benefit the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and King County for grant funds in the amount of $175,000, 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
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--------------------------------
Resolution No. 5429
May 14, 2019
Page 2 of 2 Rev. 2018
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
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Youth and Amateur Sports Grant Agreement
Department/Division:Natural Resources and Parks / Parks and Recreation Division
Agency:City of Auburn
Project:Game Farm Park-Field Lighting
Amount:$150,000.00 Project#: 1133305 Contract#:6001205
Term Period: January 1, 2018 To December 31, 2019
THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Auburn (the
“Agency”), whose address is: 910 9th Street SE
Auburn, WA 98002
WHEREAS, the Agency is either a public agency or a non-profit organization will provide youth or
amateur sports opportunities;
WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports
Fund (“YASF”) Grant award to assist in capital improvements for increased athletic opportunities for
the citizens of King County, Washington;
WHEREAS, the Agency shall utilize the award to develop amenities that address an athletic need in
King County; and
WHEREAS, King County is authorized to administer the YASF grant program and enter into
agreements for the use of King County funds by public agencies or not-for-profit organizations to
provide a service to the public under King County Ordinance 18409;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
1. The Agency shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits, which are incorporated herein by reference:
Scope of Services Attached hereto as Exhibit I
Budget Attached hereto as Exhibit II
Schematic Design Attached hereto as Exhibit III
2. TERM OF CONTRACT
This Agreement shall commence on January 1, 2018, and shall expire on December 31, 2019,
unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement.
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3. PREMISES
This grant project is located at: Game Farm Park
3030 R Street SE, Auburn, WA. 98002
4. PARTIES
All communication, notices, coordination, and other tenets of this Agreement shall be managed
by:
On behalf of County:
Butch Lovelace, YSFG Program Manager
King County Parks and Recreation Division
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
Email: butch.lovelace@kingcounty.gov
Phone: 206.477.4577
On behalf of Agency:
Jamie Kelly, Parks Planning and Development Manager
City of Auburn
910 9th Street SE
Auburn, WA 98002
Email: jwkelly@auburnwa.gov
Phone: 000-000-0000
5. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the services and
requirements specified in this Agreement after the Agency submits an invoice and all
accompanying reports as specified in the attached exhibits. The County will initiate
authorization for payment after approval of corrected invoices and reports. The County
shall make payment to the Agency not more than thirty (30) days after a complete and
accurate invoice is received.
B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days
of the date this Agreement expires or is terminated. If the Agency’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 Agency of the amounts set forth in said invoice or any subsequent
invoice.
6. OPERATING BUDGET
When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from
the County under this Agreement in accordance with said budget. If, at any time during the
Term of this Agreement, the Agency expects that the cumulative amount of transfers among the
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budget expense categories may exceed ten percent (10%) of the Agreement amount, then the
Agency shall request approval from the County. County reserves the right to request supporting
documents necessary to explain fully the nature and purpose of the change(s), and an amended
budget must accompany each request for an amendment. County approval of any such
amendment shall not be unreasonably withheld.
7. COMMUNICATION
The Agency shall recognize County as a fiscal sponsor for the grant Project in the following
manner:
A. Recognition: If the Agency shall recognize fiscal sponsors of the Project, then the Agency
shall refer to “King County Parks” in any such acknowledgement.
B. Events: The Agency shall invite and recognize “King County Parks” at all events promoting
the project, and at the final project dedication.
C. Community Relations: The Agency shall recognize “King County Parks” as a Project
benefactor in all social media, websites, brochures, banners, posters, press releases, and
other promotional material related to the Project, and include in the same the County’s
logo, which the County will provide.
8. PRIORITY OF USE; PUBLIC ACCESS; SCHEDULING
These funds are provided for the purpose of developing or renovating sports facilities that
provide sporting opportunities primarily, but not exclusively, serving persons under twenty-four
(24) years of age, and low and moderate income communities within King County. Fees for use
of the facility or facility programming shall be no greater than those generally charged by public
operators of similar facilities or activities in King County.
Notwithstanding temporary closure for required maintenance or repairs, the minimum period of
time the Agency must ensure the facility is available for use is set forth in the table below. If
the facility is retired or otherwise removed from use before the end of the specified period, then
the Agency shall reimburse the County's funding on a pro rata basis, determined by dividing the
number of months of lost public use by the total number of months of required dedication,
multiplied by the total County grant amount. By way of example only, if the County makes a
$10,000 grant to Agency X, then the Agency X's project must be dedicated to public use for a
minimum of 5 years. If Agency X eliminates public access to the facility after 3 years, such that
24 months of public access is lost, then Agency X must repay the County $4,000
(24months/60months * 10,000 = $4,000).
Grant Amount Required Public Use (in years)
$5,000 - $49,999 Five (5)
$50,000 – $99,999 Eight (8)
$100,000 – $149,999 Twelve (12)
$150,000 – $300,000 Fifteen (15)
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If the completed project is subject to scheduling or reservation for use, then the Agency shall
post the use schedule and the Agency's scheduling or reservation policies, practices, and
information in a highly visible location near the project and/or on their website; and the Agency
shall permit the public to schedule or reserve use of the completed project consistent with the
requirements of this Section. The Agency's duties under this Section will survive the
expiration or earlier termination of this Agreement.
9. GREEN BUILDING AND SUSTAINABLE DEVELOPMENT
King County is committed to promoting and using green building practices in construction
projects. Though not required, King County strongly encourages practices that conserve
resources, use recycled content materials, maximize energy efficiencies, and otherwise consider
environmental, health, and social benefits in the design and construction of a capital project.
10. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental
accounting and financial reporting standards in accordance with Revised Code of Washington
(RCW) Chapter 40.14.
11. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Agreement funds and compliance with this
Agreement.
B. These records shall be maintained for a period of six (6) years after the expiration or earlier
termination of this Agreement unless permission to destroy them is granted by the Office of
the Archivist in accordance with RCW Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Agreement, of the aforesaid books, records, documents,
and other evidence and shall notify the County in writing of any changes in location within
ten (10) working days of any such relocation.
12. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Agency with regard
to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding
this Agreement and the Project upon reasonable notice during normal business hours.
13. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Agency, in cooperation and agreement with the owners of the Premises, shall comply with
all applicable laws, ordinances and regulations in using funds provided by the County,
including, without limitation, those relating to providing a safe working environment to
employees and, specifically, the requirements of the Washington Industrial Safety and Health
Act (WISHA); and, to the extent applicable, those related to “public works,” payment of
prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to
comply and pay all costs associated with achieving such compliance without notice from King
County; and further agrees that King County, does not waive this Section by giving notice of
demand for compliance in any instance. The Agency shall indemnify and defend the County
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should it be sued or made the subject of an administrative investigation or hearing for a violation
of such laws related to this Agreement.
14. CORRECTIVE ACTION
A. If the County determines that a breach of contract has occurred or does not approve of the
Agency's performance, it will give the Agency written notification of unacceptable
performance. The Agency will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to
the Agency.
B. The County may withhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
15. TERMINATION
A. The County may terminate this Agreement in whole or in part, with cause, at any time during
the Term of this Agreement, by providing the Agency ten (10) days advance written notice
of the termination.
B. If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Agency shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Agency by the County.
C. Any King County obligations under this Agreement beyond the current appropriation year
are conditioned upon the County Council's appropriation of sufficient funds to support such
obligations. If the Council does not approve such appropriation, then this Agreement will
terminate automatically at the close of the current appropriation year.
16. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and assumes
no obligation for future support of the activity contracted for herein except as expressly set forth
in this Agreement. The Agency understands, acknowledges, and agrees that the County shall
not be liable to pay for or to provide any utilities or services in connection with the construction,
operation, maintenance, or use of the Project contemplated herein.
17. HOLD HARMLESS AND INDEMNIFICATION
The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless King County, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, and judgments, including costs of defense thereof, for
injury to persons, death, or property damage which is caused by, arises out of, or is incidental
to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's
exercise of rights and privileges granted by this Agreement, except to the extent of the County's
sole negligence. The Agency's obligations under this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at the
Agency's own expense;
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B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51
RCW, but only to the extent necessary to indemnify King County, which waiver has been
mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs
to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable
from the Agency.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees
to protect, defend, indemnify and save the County, its officers, officials, employees and agents
from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any
kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"),
arising out of or in any way resulting from the Agency's officers, employees, agents and/or
subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and
privileges granted under this Agreement, to the maximum extent permitted by law or as defined
by RCW 4.24.115, as now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be included in
all Agreements or subcontractor Agreements entered into by Agency in conjunction with this
Agreement. The Agency's duties under this Section will survive the expiration or earlier
termination of this Agreement.
18. INSURANCE
A. Liability Insurance Requirements. Notwithstanding any other provision within this
Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits
for no less than the following:
1. Commercial General Liability. Insurance Service “occurrence” form CG 00 01 (current
edition), to include Products-Completed Operations, insurance against claims for
injuries to persons or damages to property that may arise from or in connection with
activities under this Agreement. The insurance coverage shall be no less than One
Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million
Dollars ($2,000,000) in the aggregate.
2. Automobile Liability. If activities require vehicle usage. Insurance Services form
number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol
1 “any auto”. If the grant includes the use of automobiles, the Limit of Liability shall be
no less than One Million Dollars ($1,000,000) per occurrence.
3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has/have
employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit
no less than One Million Dollars ($1,000,000) per occurrence.
4. Professional Liability. If the grant includes the use of Professional Services. Professional
Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and
in the aggregate.
B. If the grant involves the construction of a capital project or involves the purchase of
equipment greater than Five Thousand ($5,000) in value, the Agency shall provide “All
Risk” Builders Risk or Property coverage for the full replacement value of the
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project/property built/purchased. King County shall be listed as an additional Loss payee
as our interests may appear.
C. King County and its officers, officials, employees and agents shall be covered as additional
insured on Agency’s and its contractor(s’) commercial general liability insurance and, if
applicable, commercial auto liability insurance, with respect to liability arising out of
activities performed by the Agency and its contractors. Additional Insured status shall
include Products-Completed Operations.
D. To the extent of the Agency's or its contractor’s negligence, their insurance respectively
shall be primary insurance with respect to the County, its officers, employees and agents.
Any insurance or self-insurance maintained by the County, and its officers, officials,
employees or agents shall not be subjected to contribution in favor of the Agency or its
contractors insurance, and shall not benefit either in any way.
The Agency's and its contractors' insurance shall apply separately to each insured against
whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability.
E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except
by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days'
prior written notice has been given to and change in coverage accepted by King County.
F. The insurance provider must be licensed to do business in the State of Washington and
maintain a Best’s rating of no less than A-VIII. Within five (5) business days of County’s
request, Agency must provide a Certificate of Insurance and Additional Insured
Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be
responsible for the maintenance of their contractors' insurance documentation.
G. 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 certification of self-insurance
shall be attached hereto and be incorporated by reference and shall constitute compliance
with this Section.
H.The Agency's duties under this Section shall survive the expiration or earlier
termination of this Agreement. The Agency understands, acknowledges and agrees that
for the relevant period of public use set forth in Section 8, the Agency shall maintain
insurance and name the County as an additional insured, all of which shall be consistent
with the requirements of this Section.
19. ANTI-DISCRIMINATION
King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are
incorporated by this reference as if fully set forth herein. In all hiring or employment made
possible or resulting from this Agreement, there shall be no discrimination against any employee
or applicant for employment because of sex, age, race, color, creed, religion, national origin,
sexual orientation, gender identity or expression, marital status or the presence of any sensory,
mental, or physical disability unless based upon a bonafide occupational qualification, or age
except by minimum age and retirement provisions, and this requirement shall apply to but not
be limited to the following: employment, advertising, lay-off, or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. No person
shall be denied or subjected to discrimination in receipt of the benefit of any services or activities
made possible by or resulting from this Agreement on the grounds of sex, race, color, creed,
national origin, religion, sexual orientation, gender identity or expression, age (except minimum
age and retirement provisions), marital status, or the presence of any sensory, mental, or physical
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handicap. Any violation of this provision shall be considered a violation of a material provision
of this Agreement and shall be grounds for cancellation, termination or suspension in whole or
in part of this Agreement by King County and may result in ineligibility for further King County
agreements. [Community Partner Name] shall also comply with all applicable anti-
discrimination laws or requirements of any and all jurisdictions having authority.
20. CONFLICT OF INTEREST
KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth
hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency
to comply with any requirement of said KCC Chapter shall be a material breach of contract.
21. 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.
22. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and the Agency, the Agency shall be responsible to operate and
maintain the completed project at its own sole expense and risk. The Agency shall maintain
the completed project in good working condition consistent with applicable standards and
guidelines. The Agency understands, acknowledges, and agrees that the County is not
responsible to operate or to maintain the project in any way.
B. The Agency shall be responsible for all property purchased pursuant to this Agreement,
including the proper care and maintenance of any equipment.
C. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment and materials
purchased with Agreement funds. The Agency's duties under this Section shall survive
the expiration of this Agreement.
23. 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 person specified in Section 4 of this Agreement. Any
such notice shall be deemed to have been given on the date of delivery, if mailed, on the third
(3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business
day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed
to have been given on the date of transmission. Either party may change its address, fax number,
email address, or the name of the person indicated as the recipient by notice to the other in the
manner aforesaid.
24. ASSIGNMENT
The Agency shall not assign any portion of rights and obligations under this Agreement or
transfer or assign any claim arising pursuant to this Agreement without the written consent of
the County. The Agency must seek such consent in writing not less than fifteen (15) days prior
to the date of any proposed assignment.
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25. CONTRACT AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by reference
and attached hereto shall constitute the whole Agreement between the Parties. Either party may
request changes to this Agreement. No modifications or amendment of this Agreement shall be
valid or effective unless evidenced by an Agreement in writing signed by the Parties.
26. WAIVER OF DEFAULT
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.
27. TAXES
The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and
property, including, without limitation, any leasehold excise tax due under RCW Chapter
82.29A; PROVIDED, however, that nothing contained herein will modify the right of the
Agency to contest any such tax, and the Agency will not be deemed to be in default as long as
it will, in good faith, be contesting the validity or amount of any such taxes.
28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of Washington,
which will be controlling in any dispute that arises hereunder. Actions pertaining to this
Agreement will be brought in King County Superior Court, King County, Washington.
29. PARAGRAPH HEADINGS
The paragraph headings contained herein are only for convenience and reference and are not
intended to be a part of this Agreement or in any manner to define, limit, or describe the scope
or intent of this Agreement or the particular paragraphs to which they refer.
30. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection and
copying by the public.
31. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, the County and the Agency a partner
of one another, and this Agreement will not be construed as creating a partnership or joint
venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or
obligation in any person or entity not a party to it.
32. SINGULAR AND PLURAL
Wherever the context will so require, the singular will include the plural and plural will include
the singular.
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33. PERMITS AND LICENSES
The Agency shall design, develop and construct the Project in accordance will all applicable
laws and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and
expense, apply for, obtain and comply with all necessary permits, licenses and approvals
required for the Project,
34. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the County
decision will govern and will be binding upon the Agency.
35. POLICE POWERS OF THE COUNTY
Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental
or police powers of the County.
36. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and the Agency. It supersedes all other agreements and understandings between them,
whether written, oral or otherwise.
KING COUNTY
FOR
AGENCY:_______________________________
King County Executive Signature
Date NAME (Please type or print), Title
Date
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