HomeMy WebLinkAbout06-03-2019 CITY COUNCIL AGENDACity Council Meeting
J une 3, 2019 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P olice Presentation (Pierson)
I I I .AG E ND A M O D I F IC AT I O NS
I V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Right-of-Way Vacation V 3-18
City Council to hold a public hearing in consideration of Right-of-Way Vacation
V3-18
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence - (T here is no correspondence for Council review.)
V.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair Wales)
V I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the May 20, 2019 City Council Meeting
Page 1 of 98
B .Minutes of the May 28, 2019 Study Session
C.Claims Vouchers (Coleman)
Claims voucher list dated J une 3, 2019 which includes voucher numbers 453830
through 453831 and voucher 453833 through 453988 in the amount of $2,376,289.13
and four wire transfers in the amount of $778,234.36.
Claims voucher list dated J une 3, 2019 which includes voucher number 453832 in the
amount of $203,572.32.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 538461 through 538476 in the amount of $582,868.89,
electronic deposit transmissions in the amount of $2,023,724.74 for a grand total of
$2,606,593.63 for the period covering May 16, 2019 to May 29, 2019.
E .S et Public Hearing for the Transportation I mprovement
P rogram (T I P) (Gaub)
City Council to set a public hearing for the 2020-2025 S ix-Year Transportation
I mprovement P rogram (T I P).
F.P ublic Works P roject No. C P 1804 (Gaub)
City Council to approve Change Order No. 1 in the amount not to exceed $15,000.00
to Contract No. 19-06 for work on P roject No. C P 1804, Auburn Way North Sidewalk
I mprovement P roject
G.P ublic Works P roject No. C P 1819 (Gaub)
City Council to award Contract No. 19-02, to P ivetta Brothers Construction, I nc. on
their low bid of $2,246,320.55 plus Washington S tate sales tax of $43,374.44 for a
total contract price of $2,289,694.99 for Project No. C P1819, A S treet S E
P reservation
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I .UNF INIS HE D B US I NE S S
V I I I .NE W B US I NE S S
I X.O RD INANC E S
A .Ordinance No. 6715 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, granting to
Fatbeam, L L C, a Washington L imited L iability Company, a franchise for
telecommunications and related services
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6715.)
B .Ordinance No. 6717 (Gaub)
A n Ordinance of the City Council of the City of A uburn Washington, vacating right-of-
way of a portion of B S treet S E, South of 2nd Street S E , within the City of Auburn,
Washington
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6717.)
Page 2 of 98
X .RE S O L UT IO NS
A .Resolution No. 5425 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, declaring certain a
parcel of real property as surplus and authorizing the Mayor to execute a P urchase
Reement conveying the properties
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5425.)
B .Resolution No 5427 (Martinson)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute and administer an agreement between the City of A uburn and Racial
E quity Consulting Group for racial equity training and policy development
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5427.)
C.Resolution No. 5430 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, supporting
submitting a countywide ballot proposition for funding the Medic One/Emergency
Medical Services (E MS) levy for the period from J anuary 1, 2020, through December
31, 2025, pursuant to R C W 84.52.069 to the voters
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5430.)
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
B .From the M ayor
X I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Right-of-Way Vacation V3-18
Date:
May 13, 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 V3-18. For
further action on this item see Ordinance No. 6717.
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the proposed
right-of-way vacation for V3-18 for the right-of-way of a portion of B Street SE, south of 2nd
Street SE. The date of the public hearing was set by Resolution No. 5421 on May 6, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 3, 2019 Item Number:PH.1
Page 4 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 20, 2019 City Council Meeting
Date:
May 30, 2019
Department:
City Council
Attachments:
05-20-2019 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:June 3, 2019 Item Number:CA.A
Page 5 of 98
City Council Meeting
May 20, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
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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: L arry B rown, Claude DaCorsi, J ohn Holman and
Yolanda Trout-Manuel. Deputy Mayor B ill Peloza, Councilmembers B ob
B aggett and L argo Wales were excused.
Mayor Nancy Backus and the following department directors and staff
members were present: City Attorney Steve Gross, Director of P ublic
Works I ngrid Gaub, Director of Community Development J eff Tate,
Director of Parks and Recreation Daryl Faber, Director of Human
Resources and Risk Management Candis Martinson, Director of
A dministration Dana Hinman, Real P roperty Analyst J osh A rndt, P olice
Commander J amie Douglas and Deputy City Clerk Teresa Mattingly.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
There were no announcements, reports or presentations.
I I I .AP P O I NT M E NT S
There were no appointments.
I V.AG E ND A M O D I F IC AT I O NS
I tem X I . D. Resolution No. 5427 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
1.Public Hearing for Right-of-Way Vacation V 2-18 (Gaub)
City Council to hold a public hearing in consideration of Right-of-Way Vacation
V2-18
Page 1 of 5Page 6 of 98
Mayor B ackus opened the public hearing at 7:01 p.m. No one came
forward to speak, she closed the hearing.
2.Public Hearing for Franchise A greement No. 19-09
(Gaub)
City Council to hold a public hearing in consideration of Franchise A greement No.
19-09 for Fatbeam, L L C
Mayor B ackus opened the public hearing at 7:02 p.m. No one came
forward to speak, she closed the hearing.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Waylon Menzia, 719 R S treet NE, A uburn
Mr. Menzia thanked the Council for funding the trip to the National L eague
of Cities (NL C) Conference for the A uburn J unior City Council and
discussed the benefits of having attended the conference.
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.
Councilmember DaCorsi, vice chair of the Finance ad hoc committee,
report he and Councilmember Wales 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 May 6, 2019 Regular Council Meeting
B .Claims Vouchers (Coleman)
Claims 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 for a grand total of
Page 2 of 5Page 7 of 98
$2,338,721.92 for the period covering May 2, 2019 to May 15, 2019.
D.P arks P roject No. C P 1817 (F aber)
Change Order No. 1,3,5 in the amount of $49,800 for work on Project No. C P1817,
B rannan Park Synthetic I nfield P roject
Councilmember Holman moved and Councilmember Brown seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
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 .O RD INANC E S
A .Ordinance No. 6714 (Gaub)
A n Ordinance of the City Council of the City of A uburn Washington, vacating right-of-
way north of 10th S treet NE and east of A uburn Way North, within the City of A uburn,
Washington
Councilmember DaCorsi moved and Councilmember Trout-Manuel
seconded to approve Ordinance No. 6714.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
B .Ordinance No. 6716 (Tate)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to a new
land use category for emergency wireless communication facilities, amending S ections
18.04.912, 18.31.100, 18.35.030, of the Auburn City Code
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to approve Ordinance No. 6716.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
C.Ordinance No 6718 (Gross)
A n Ordinance of the City Council of the City 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 Auburn City Code
Councilmember Holman moved and Councilmember Brown seconded to
approve Ordinance No. 6718.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
Page 3 of 5Page 8 of 98
D.Ordinance No. 6719 (Coleman)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
Ordinance No. 6693, the 2019-2020 B iennial 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”
Councilmember Trout-Manuel moved and Councilmember Holman
seconded to approve Ordinance No. 6719.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
X I .RE S O L UT IO NS
A .Resolution No. 5377 (Gaub)
A Resolution of the City Council of the City 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 Street and 60th Avenue S outh
Councilmember DaCorsi moved and Councilmember Holman seconded to
approve Resolution No. 5377.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
B .Resolution No. 5424 (Gross)
A Resolution of the City Council of the City of A uburn, Washington, A mending the
City's Fee S chedule
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5424.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
C.Resolution No. 5426 (P ierson)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an amended and restated I nterlocal A greement for the Puget Sound
A uto T heft Task force
Councilmember Holman moved and Councilmember DaCorsi seconded to
approve Resolution No. 5426.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
D.Resolution No. 5428 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an I nterlocal Agreement between the City of A uburn and Green River
College for the purpose of providing small-business education, training & support
services
Councilmember B rown moved and Councilmember Trout-Manuel
Page 4 of 5Page 9 of 98
seconded to approve Resolution No. 5428.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
E .Resolution No. 5429 (Faber)
Resolution No. 5429 authorizes the City to accept and appropriate a King County Youth
S ports Facility Grant to purchase and install ball field lights at Game Farm #4 field,
P roject C P1924
Councilmember DaCorsi moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5429.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember Holman reported he attended the F orensic I nvestigations
Council meeting.
Councilmember Trout-Manuel reported she attended the Domestic
Violence Task Force meeting and Petpalooza.
Councilmember DaCorsi reported he attended the City of F ederal Way
Council meeting.
B .From the M ayor
Mayor Backus reported she attended Battlefield A ddition's Run for
Recovery 5K , Auburn F iber A rts Fair, the monthly Merrill Gardens Coffee
Hour, the 2nd Annual S kills I nc. 5k for Abilities run and the Petpalooza Dog
Trot F un Run.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:30 p.m.
A P P R O V E D this 3R D day of J une, 2019.
________________________ ____________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy 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 10 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 28, 2019 Study Session
Date:
May 30, 2019
Department:
City Council
Attachments:
05-28-2019 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:June 3, 2019 Item Number:CA.B
Page 11 of 98
City Council Study Session Muni
Serv ices S FA
May 28, 2019 - 5:30 P M
City Hall Council Chambers
A GE NDA
Watch the meeting v ideo
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hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, L arry Brown, Claude
DaCorsi and Yolanda Trout-Manuel. Councilmember Bob B aggett, J ohn
Holman and L argo Wales were excused.
Mayor Nancy Backus and the following department directors and staff
members were present: Assistant City Attorney Doug Ruth, Director of
P ublic Works I ngrid Gaub, Director of Finance Shelley Coleman, Director
of Human Resources and Risk Management Candis Martinson, I nnovation
and Technology Director David Travis, Real P roperty Analyst J osh A rndt,
S enior Traffic E ngineer J ames Webb, Customer Care Manager B renda
Goodson-Moore, Solid Waste and Recycling Superior J oan Nelson,
A ssistant Director of E ngineering Services J acob Sweeting, P olice
Commander David Colglazier and Deputy City Clerk Teresa Mattingly.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
Deputy Mayor Peloza stated item I V. A King County's S outh Recycling and
Transfer S tation P resentation is being moved to the first item on agenda and an
updated version of Resolution No. 5430 has been provided to Council.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .2020-2025 Transportation I mprovement Program Annual Update (Gaub) (15 Minutes)
E ngineer Webb provided Council with an overview on the 2020-2025
Transportation I mprovement P rogram (T I P) Annual Update and
discussed that projects must be included on the T I P to be eligible for state
and federal grant programs, statutory requirements, T I P identifies secured
or reasonably expected revenues and expenditures for each of the
projects and sets priorities for the acquisition of project funding. Engineer
Webb also discussed the status of current projects, which projects are
planned to be removed from the updated T I P, proposed projects to be
Page 1 of 4Page 12 of 98
added and next steps including; a public hearing, a second discussion with
the Transportation A dvisory Board and adoption of the T I P.
B .Resolution No. 5425 (Hinman) (5 Minutes)
A Resolution of the City Council of the City of Auburn, Washington, declaring a
certain parcel of real property as surplus and authorizing the Mayor to execute a
purchase and sale agreement conveying the properties.
Real Property A nalyst A rndt and A ssistant City A ttorney Ruth reviewed
Resolution No. 5425 regarding the property seized by the Auburn Police
Department at 1307 E Street S E and their request to sell the property and
use the proceeds toward furthering the department's controlled
substances investigations.
Council discussed that the seller's disclosure form will indicate the
property had been used to manufacture and sell illegal substances.
C.Resolution No. 5430 (Coleman) (5 Minutes)
A Resolution of the City Council of the City of A uburn, Washington, supporting
submitting a countywide ballot proposition for funding the Medic One/Emergency
Medical Services (E MS) levy for the period from J anuary 1, 2020, through December
31, 2025, pursuant to R C W 84.52.069 to the voters
Director Coleman reviewed Resolution No. 5430, supporting submitting a
countywide ballot proposition for funding the Medic One/Emergency
Medical Services (E MS) L evy for J anuary 1, 2020 through December 31,
2025. Director Coleman discussed the requirements to put this levy on the
ballot and hat the cost is shared by each city and based on the cities
population.
D.Racial E quity and I mplicit B ias Presentation (Martinson) (45 Minutes)
Review of materials previously provided to Council members regarding the Racial
E quity and I mplicit B ias contract and program
Director Martinson provided Council with an update on the Racial E quity
and S ocial J ustice I nitiative proposal and discussed, Council feedback on
prior discussions, the benefits of working for racial equity, racial equity
goals and strategies, racial equity tools and the impact of implementing this
program on staff time.
Council discussed how racial equity tools are used, requested additional
information on how they are used in relation to the budget review
process, how data is measured, how to educate and communicate about
racial equity and the benefits to the City.
I V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A .K ing County’s South County Recycling and Transfer S tation (Coleman) (20 Minutes)
K ing County’s South County Recycling and Transfer S tation P resentation
Councilmember B rown presided over the Municipal S ervices section of
Page 2 of 4Page 13 of 98
the meeting.
K ing County Solid Waste Division Capital P roject Manager Doug
Chin, provided Council with an update on the South County Recycling and
Transfer S tation scheduled to open in 2023. Mr.Chin discussed the
areas the new station will service, services provided, community
engagement activities, public feedback, additional project elements
and next steps including; online open house, display boards, transfer
station tours and mailings to neighbors.
Council discussed if the odors will be controlled in the area near the
transfer station. Mr. Chin advised Council that any odors would be
contained inside the facility and should not be noticeable outside.
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion.
A .Resolution No. 5425 (Hinman) (5 Minutes)
A Resolution of the City Council of the City of A uburn, Washington, declaring a certain
parcel of real property as surplus and authorizing the Mayor to execute a purchase and
sale agreement conveying the properties
Real Property A nalyst A rndt and A ssistant City A ttorney Ruth reviewed
Resolution No. 5425 regarding the property seized by the Auburn Police
Department at 1307 E Street S E and their request to sell the property and
use the proceeds toward furthering the department's controlled
substances investigations.
Council discussed that the seller's disclosure form will indicate what the
property had been used to manufacture and sell illegal substances.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the Matrix, no changes were made.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting was adjourned at 7:30 p.m.
A P P R O V E D this 3rd day of J une, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
Page 3 of 4Page 14 of 98
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 15 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
May 30, 2019
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claims Vouchers.
Background Summary:
Claims voucher list dated June 3, 2019 which includes voucher numbers 453830 through
453831 and voucher 453833 through 453988 in the amount of $2,376,289.13 and four wire
transfers in the amount of $778,234.36.
Claims voucher list dated June 3, 2019 which includes voucher number 453832 in the amount
of $203,572.32.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:June 3, 2019 Item Number:CA.C
Page 16 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
May 30, 2019
Department:
Administration
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 538461 through 538476 in the amount of $582,868.89, electronic
deposit transmissions in the amount of $2,023,724.74 f or a grand total of $2,606,593.63 for
the period covering May 16, 2019 to May 29, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:June 3, 2019 Item Number:CA.D
Page 17 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Set Public Hearing for the Transportation Improvement
Program (TIP) (Gaub)
Date:
May 28, 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 set the public hearing for the TIP.
Background Summary:
The City Council is asked to set a time and date for a public hearing to amend the Six Year
Transportation Improvement Program. The public hearing is proposed to be held on June
17th, 2019 during the City Council Meeting.
A summary of the proposed changes was presented at City Council study sessions on April
22nd and May 28th.
The Six-Year Transportation Improvement Program (TIP) is required to be amended annually
as required by RCW 35.77.010. The primary importance of the TIP is that, in most instances,
projects must be included on the TIP to be eligible for state and federal grant programs. The
TIP identifies secured or reasonably expected revenues and expenditures for each of the
projects included in the TIP. Typically, projects listed in the first three years of the document
are shown as having secured funding while projects in years 4, 5, and 6 can be partially or
completely un-funded.
The T I P is a multiyear planning tool and document for the development of transportation
facilities within the C ity and does not represent a financial commitment by the City. Once the
T I P is approved, projects are budgeted and funded through the City’s biennial budget. T he
T I P sets priorities for the acquisition of project f unding and is a prerequisite of most grant
programs. Staf f also uses the T I P to coordinate f uture transportation projects with needed
utility improvements.
SUMM ARY OF PROPOSED AM ENDMENT S T O T HE 2020-2025 T IP
Deletions: The following projects are proposed to be removed:
T I P N-10: A S treet S E Pedestrian C rossing I mprovements ($5.55M) – T he need and
Page 18 of 98
approach f or pedestrian connectivity between A S treet S E and S kinner R oad will be re-
evaluated with the A Street SE corridor study (S-5).
T I P P -3: Arterial Crack S eal ($0.1M) – T he scope and f unding f or this project is being
consolidated with the A rterial Street P reservation P rogram to provide f lexibility in street
preservation approaches (P-1).
T I P P -9: A S treet S E P reservation (E Main St to 17th S t S E) ($1.74 M) – W ill be
completed in 2019
T I P S -3: A S treet S E/L akeland Hills Way S E I ntersection Study ($0.05M) – T he scope
of this project is proposed to be combined with the A S treet S E corridor study (which
now becomes S-3).
T I P S -4: K ersey Way S E C orridor Study ($0.02M) – P edestrian f acilities on Kersey
Way will be provided with development activities as they occur. A C ity project to
connect any remaining gaps may be considered in the future.
Additions: The following projects are proposed to be added:
T I P R-26: E Valley Highway W idening – T he project will complete the build-out of E
Valley Hwy between Lakeland Hills Way and Terrace View Drive SE.
T I P R -27: L ea Hill R oad S egment 1A (Harvey R d/M St NE to 105th P l S E) – the project
is proposed to be split into a P hase A and a P hase B. T he scope of P hase A will be to
create a new east/west connection between Garden Avenue and 104th Ave S E and cul-
de-sac Garden Avenue at 8th Street NE.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 3, 2019 Item Number:CA.E
Page 19 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1804 (Gaub)
Date:
May 28, 2019
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council approve Change Order No. 1 in the amount not to exceed $15,000.00 to
Contract No. 19-06 for work on Project No. CP1804, Auburn Way North Sidewalk
Improvement Project.
Background Summary:
The purpose of the project is to construct missing sections of sidewalk, construct ADA
improvements, construct a Rectangular Rapid Flashing Beacon (RRFB) on Auburn Avenue
just south of 5th Street NE, and install LED lighting along Auburn Way North.
Change Order No 1. will compensate the Contractor to test, remove, and dispose of a 675-
gallon underground fuel storage tank that was discovered in the right-of-way while excavating
for the foundation of a new LED street light. The change order will also include soils testing,
excavating, hauling, and disposing of contaminated soil found around the tank and backfilling
and restoring the area.
A project budget contingency of $9,150.00 remains in the 102 Arterial Streets Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 3, 2019 Item Number:CA.F
Page 20 of 98
Project No: CP1804 Project Title:
Project Manager: Luis Barba
Project Update
Initiation Date: 12/21/2017 Permission to Advertise
Advertisement Date: 3/5/2019 Contract Award
Award Date: 4/1/2019 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2018 (Actual)2019 Total
328 Fund - Citywide ADA and Sidewalks 44,531 93,319 137,850
328 Fund -State TIB Grant 30,375 232,875 263,250
462 Fund-Storm 0 76,000 76,000
102 Fund-Streets 110,000 110,000
Total 0 74,906 512,194 587,100
Activity Prior Years 2018 (Actual)2019 Total
Design Engineering - City Costs 74,906 12,184 87,090
Design Engineering - Permits 0 550 550
Design Engineering-Other 0 500 500
Construction Contract Bid 0 395,813 395,813
Change Order No. 1 15,000 15,000
Authorized Construction Contingency (10%)0 39,581 39,581
Construction Engineering - Other 0 466 466
Construction Engineering - City Costs 0 26,000 26,000
Total 0 74,906 490,094 565,000
Prior Years 2018 (Actual)2019 Total
*328 Funds Budgeted ( )0 (74,906) (326,194) (401,100)
328 Funds Needed 0 74,906 326,194 401,100
*328 Fund Project Contingency ( )0 0 0 0
328 Funds Required 0 0 0 0
Prior Years 2018 (Actual)2019 Total
*462 Funds Budgeted ( )0 0 (76,000) (76,000)
462 Funds Needed 0 0 63,050 63,050
*462 Fund Project Contingency ( )0 0 (12,950) (12,950)
462 Funds Required 0 0 0 0
Prior Years 2018 (Actual)2019 Total
*102 Funds Budgeted ( )0 0 (110,000) (110,000)
102 Funds Needed 0 0 100,850 100,850
*102 Fund Project Contingency ( )0 0 (9,150) (9,150)
102 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
ENG-270, Revised 12/17
BUDGET STATUS SHEET
AWN Sidewalk Improvement Project
Date: May 28, 2019
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
462 Storm Budget Status
102 Arterial Street Budget Status
328 Capital Improvement Project Budget Status
H:\PROJ\CP1804-AWN Sidewalk Improvement Project\3.00 Project Management\3.20 Budget\CP1804 AWN Sidewalks
BudgetStatusSheet .xls 1 of 1Page 21 of 98
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
PROJECT CP1804
VICINITY MAP
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
N
Not to Scale
Page 22 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1819 (Gaub)
Date:
May 28, 2019
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No. 19-02, to Pivetta Brothers Construction, Inc. on their low bid
of $2,246,320.55 plus Washington State sales tax of $43,374.44 for a total contract price of
$2,289,694.99 for Project No. CP1819, A Street SE Preservation.
Background Summary:
The City received two (2) responsive bids and the low bid was approximately 7% above the
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that Pivetta Brothers Construction, Inc. meets the responsible bidding criteria and
recommends award.
The purpose of the project is to rehabilitate and preserve the existing pavement on A Street
SE between East Main Street and 17th Street SE. The project proposes to grind and overlay
A Street SE from East Main Street to 17th Street SE and perform pavement repair where
needed. The project will restore 4.77 lane miles of pavement, upgrade pedestrian signal
infrastructure including approximately 42 curb ramps to meet ADA standard. Utility work
includes upgrading storm drainage and sanitary sewer manholes and catch basins frames
and grates to current city standards and replacing approximately 1,000 feet of water main.
The estimated total project costs are equal to the total project budget.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 3, 2019 Item Number:CA.G
Page 23 of 98
1 of 1
Project No: CP1819 Project Title: A Street SE Preservation
Project Manager: Kim Troung
Award
Project Initiation (PMP) Date: June 29, 2018 Advertise
Advertisement Date: May 1, 2019 Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2018 (actual) 2019
Future Years Total
105 Fund - Arterial Preservation 10,858 1,020,942 0 1,031,800
105 Fund - Federal Grant 69,570 812,230 0 881,800
460 Fund - Water 12,517 572,483 0 585,000
461 Fund - Sewer 20,000 0 20,000
462 Fund - Storm 160,000 0 160,000
Total 92,944 2,405,656 0 2,678,600
Activity 2018 (actual) 2019
Future Years Total
Design Engineering - City Costs 92,944 58,382 0 151,326
Construction Contract 0 2,289,695 0 2,289,695
Authorize Construction Contingency (5%) 0 124,619 0 124,619
Materials Testing 0 13,533 0 13,533
Other - Services and Permits 0 14,000 0 14,000
Construction Engineering - City Costs 0 85,427 0 85,427
Total 92,944 2,585,656 0 2,678,600
2018 (actual) 2019
Future Years Total
*105 Funds Budgeted ( )(80,427) (1,833,173) 0 (1,913,600)
105 Funds Needed 80,427 1,833,173 0 1,913,600
*105 Fund Project Contingency ( )0 (0) 0 (0)
105 Funds Required 0 0 0 0
2018 (actual) 2019
Future Years Total
*460 Funds Budgeted ( )(12,517) (572,483) 0 (585,000)
460 Funds Needed 12,517 572,483 0 585,000
*460 Fund Project Contingency ( )0 0 0 0
460 Funds Required 0 0 0 0
2018 (actual) 2019
Future Years Total
*461 Funds Budgeted ( )0 (20,000) 0 (20,000)
461 Funds Needed 0 20,000 0 20,000
*461 Fund Project Contingency ( )0 (0) 0 (0)
461 Funds Required 0 0 0 0
2018 (actual) 2019
Future Years Total
*462 Funds Budgeted ( )0 (160,000) 0 (160,000)
462 Funds Needed 0 160,000 0 160,000
*462 Fund Project Contingency ( )0 0 0 0
462 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
ENG-270, Revised 12/17
461 Sewer Budget Status
462 Storm Budget Status
105 Arterial Preservation/Federal Grant Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
Updated: May 23, 2019
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Page 24 of 98
B asic B ID Amount Tot al B ID Am ount Total B ID S pre ad $Tot al B ID S pre ad %
LOW B ID D ER :Piv e t ta B rothe rs Constr uc tion, Inc .$2,2 46,320 .55 $15 0,5 35.50 7.0 4%
Sec ond Bidder:Kar-Vel C on struc tio n $2,888,345.70 $2,956,538.70 $817,379.20 38.21%
B asic B ID
(T ax not inc lude d)
Total B I D
(Inc luding t ax )
1.Piv etta B roth ers C o n struc tion , Inc .$2,246,320.55
2.Kar-Vel C on stru c tion $2,888,345.70 $2,956,538.70
3.KC Equ ipm en t L L C Non -Responsiv e
4.A c tiv e C onstru c tion In c .Non -Responsiv e
5.T u c c i & Son s, In c .Non -Responsiv e
NO TE: A n ev aluation of w hether a bidder is responsible or n on-respon sible w as on ly m ade f or the low bidder. T his does n ot ind ic ate, on e w ay or th e oth er, how oth er bidders w ould be c onsidered if th ey w ere th e low bidder.
Bid Tabulation - Bid Totals Summary
P rojec t: C P1819, A Street SE P reservatio n , 19-02
P rep ared By : C ity of A u bu rn
B id Date: M ay 22, 2019
W /O Tax I nc . Tax
ENG INEER 'S ES TIMATE:$2 ,09 7 ,6 9 2.0 0 $2,139 ,15 9.5 0
A VERA GE BID A M OUN T :$2,567,333.12 $2,623,116.85
(not inc luding tax )
5/22/2019
$2,289,694.99
$2,289,694.99
Page 25 of 98
A Street SE Preservation Project - Phase 3 (East Main St to 17th St SE)
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/4/2016
Page 26 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6715 (Gaub)
Date:
May 13, 2019
Department:
Public Works
Attachments:
Ordinance No. 6715 Franchise Agreement No.
19-09
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6715 for Fatbeam, LLC Franchise
Agreement No. 19-09.
Background Summary:
Section 20.06.010, Auburn City Code requiresa franchise of any commercial utility or
telecommunications operator or carrier or other person who wants to use public ways of the
City and to provide telecommunications or commercial utility services to any person or area of
the City.
Fatbeam, LLC has applied for a Franchise Agreement to be able to construct within the City’s
rights of way a fiber optic telecommunications network. Fatbeam, LLC wants to provide
telecommunications, telephone service, internet access and wide area network connectivity to
education, government, hospitals and other enterprise level customers. They do not provide
residential services.
The initial proposed build-out includes overhead installations on existing utility poles wherever
possible with underground installation being utilized if necessary. The applicant is requesting
the entire City as the proposed franchise area so that they can connect all of their current
customer’s facilities together. Exact locations, plans, engineering and construction schedules
would be reviewed, approved and managed through the City’s permitting processes as
required by the Franchise Agreement.
A staff presentation was given at the May 13th, 2019, Study Session discussing Draft
Ordinance No. 6715. A Public Hearing to consider this application and hear public comment
was held before the City Council on May 20, 2019, in accordance with Auburn City Code
Chapter 20.06.030.
Ordinance No. 6715, if adopted by City Council, approves Franchise Agreement No. 19-09
subject to terms and conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Page 27 of 98
Councilmember:Staff:Gaub
Meeting Date:June 3, 2019 Item Number:ORD.A
Page 28 of 98
------------------------------
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 29 of 98
------------------------------
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 30 of 98
------------------------------
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 31 of 98
------------------------------
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 32 of 98
------------------------------
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 33 of 98
------------------------------
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 34 of 98
------------------------------
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 35 of 98
------------------------------
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 36 of 98
------------------------------
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 37 of 98
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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 38 of 98
------------------------------
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 39 of 98
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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 40 of 98
------------------------------
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 41 of 98
------------------------------
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 42 of 98
------------------------------
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 43 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6717 (Gaub)
Date:
May 13, 2019
Department:
Public Works
Attachments:
Ordinance No. 6717
Exhibits A and B
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduces and adopts Ordinance No. 6717.
Background Summary:
Pacific Realty Associates, LP has applied to the City for vacation of the right-of-way of a
portion of B Street SE, south of 2nd Street SE, described in Exhibit “A” and shown on Exhibit
“B”. The applicant currently owns adjacent parcels #0019000056 and is proposing to
incorporate the right-of-way into adjacent property which will clean up the parcel and right-of-
way lines.
The application has been reviewed by City staff and utility purveyors who have an interest in
this right-of-way. Through this review City staff has determined that the right of way is no
longer necessary to meet the needs of the City and could be vacated.
Ordinance No. 6717, if adopted by City Council, approves Vacation No. V3-18 and vacates
the right-of-way subject to conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 3, 2019 Item Number:ORD.B
Page 44 of 98
- - - - - - - - - - - - - - - - -
Ordinance No. 6717
ROW Vacation V3-18
April 10, 2019
Page 1 of 3
ORDINANCE NO. 6717
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF A
PORTION OF B STREET SE, SOUTH OF 2ND STREET SE,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington (“City”), received a petition signed by at
least two-thirds (2/3) of the owners of property adjacent to right-of-way located at a portion
of B Street SE, south of 2nd Street SE, within the City of Auburn, 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, determined
that consideration should be given to the vacation of the same; and,
WHEREAS, in conformity with Chapter 12.48 of the Auburn City Code, 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 3rd day of June, 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 at a portion of B Street SE,
south of 2nd Street SE located within the City of Auburn, Washington, legally described as
follows:
Page 45 of 98
- - - - - - - - - - - - - - - - -
Ordinance No. 6717
ROW Vacation V3-18
April 10, 2019
Page 2 of 3
That portion of “B” Street Southeast as dedicated for street
purposes per Quit Claim Deed recorded under Recording
Number 5764366 and as depicted on Record of Survey
recorded under Recording Number 20131104900005 in King
County, Washington, described as follows:
The east 7 feet of the north 20 feet of lot 3, block 2, of Abraham’s
Park Addition to the City of Auburn, recorded in Volume 27 of
Plats, Page 26, in King County, Washington.
Containing 140 square feet, more or less.
Situate in the City of Auburn, King County, Washington.
[Also identified as Exhibit “A”.]
and shown on the survey, a copy of which is attached, marked Exhibit “B”, the same is
vacated and the property lying in the portions 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 will 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: _________________
Page 46 of 98
- - - - - - - - - - - - - - - - -
Ordinance No. 6717
ROW Vacation V3-18
April 10, 2019
Page 3 of 3
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
__________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
PUBLISHED: _______________
Page 47 of 98
Page 48 of 98
Page 49 of 98
1 of 3
5/13/2019
V3-18 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V3-18
Applicant: Pacific Realty Associates, LP
Property Location: Right-of-Way located at B Street SE, south of 2nd Street SE.
Description of right-of-way:
This ROW proposed for vacation consists of portions of the ROW of B Street SE, south
of 2nd Street SE where the ROW lines jog. The proposed ROW is adjacent to Parcel
No. 0019000056, Parcel No. 0019000025, and City right-of-way. Parcel No.
0019000056 is owned by the applicant and Parcel No. 0019000025 is owned by a
private citizen. The total proposed area of ROW for vacation is approximately 140±
square feet.
The ROW proposed for vacation was Quit Claim Deeded to the City of Auburn for street
purposes on July 9, 1964.
See Exhibits “A” and “B” for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way to
eliminate the jogs in the parcel and right-of-way lines.
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 50 of 98
2 of 3
5/13/2019
V3-18 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 area and
therefore has no objection to the vacation and no need for any easement
reservation.
2. Comcast – Comcast will not be affected by this vacation and does not oppose it.
3. CenturyLink – CenturyLink has reviewed the request for the subject vacation and
had determined that it has no objections with respect to the areas proposed for
vacation.
4. Water – There are no City water facilities in the area of right-of-way.
5. Sewer – No comments on Auburn Sewer.
6. Storm –No comments.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – No comments
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
13. 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.”
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-
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
Page 51 of 98
3 of 3
5/13/2019
V3-18 Staff Report
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.”
The value of the right-of-way was determined to be $1,972.00 based on adjacent land
values so an appraisal was not required.
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.
Page 52 of 98
166.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet166.783.30
1:1,000
ROW Vacation #V3-18 B Street SE
1in =83 ft
4/9/2019Printed 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 53 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5425 (Hinman)
Date:
May 30, 2019
Department:
Administration
Attachments:
Res olution No. 5425
1307 E Street SE Purchase Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5425
Background Summary:
In December 2017, an APD investigation culminated in the arrest of several individuals who
were conducting marijuana grow operations in an Auburn house located at 1307 E St. SE. In
addition to arresting these individuals, the APD seized the house, grow equipment, vehicles,
jewelry, and cash that were related to the operations. State law allows law enforcement
agencies to seize property that is used in the unlicensed production, distribution, or
manufacturing of controlled substances.
One of the persons the APD officers arrested was the owner of the seized house. Later, the
department entered into negotiations with the owner and ultimately came to an agreement with
her regarding the disposal of the seized property. As part of the settlement, the APD returned
one car, the seized cash, and the owner’s jewelry. She agreed to forfeit her Auburn property
and one vehicle.
Pursuant to this agreement, the city now owns the property at 1307 E St. SE. Because the
property was a drug house, state law requires that the APD use the property, or the proceeds
of the sale of the property, for drug interdiction efforts. Since the property itself is not useful
to the APD, the department wishes to sell the property on the real estate market and put the
proceeds toward furthering the department’s controlled substances investigations.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:June 3, 2019 Item Number:RES.A
Page 54 of 98
--------------------------------
Resolution No. 5425
May 6, 2019
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DECLARING A CERTAIN
PARCEL OF REAL PROPERTY AS SURPLUS AND
AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE
AND SALE AGREEMENT CONVEYING THE PROPERTY
WHEREAS, on May 1, 2019, superior court awarded the property located at 1307
E St. SE, Auburn, to the City, pursuant to RCW 69.50.505, as the property was used to
facilitate the manufacture of marijuana; and
WHEREAS, state law restricts the use of such forfeited property, and the proceeds
from the sale of the property, to further activities related to the expansion and
improvement of controlled substances law enforcement; and
WHEREAS, the Auburn Police Department has no law enforcement use for the
property and it is in the public interest to surplus the property and sell it for its fair market
value.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The property described below is declared unneeded for law
enforcement purposes, is declared to be surplus, and the Mayor is authorized to convey
the property through an appropriate fair market sale and to deposit the proceeds in the
City’s drug forfeiture fund.
1307 E Street SE, Auburn, Washington, parcel #5194900120
LOT 12 MARYCON DIVISION NUMBER 1, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 149 OF PLATS, PAGES 46 AND 47,
RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY
KING, STATE OF WASHINGTON
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Resolution No. 5425
May 6, 2019
Page 2 of 2 Rev. 2018
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out this legislation.
Section 3. This Resolution shall take effect and be in full force on passage and
signatures.
Dated and Signed this 3rd day of June, 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 5427 (Martinson)
Date:
May 30, 2019
Department:
Human Resources
Attachments:
Res olution No 5427
Cantract
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No 5427
Background Summary:
A Resolution 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 Auburn and Racial Equity
Consulting Group for racial equity training and policy development.
Rev iewed by Council Committees:
Councilmember:Staff:Martinson
Meeting Date:June 3, 2019 Item Number:RES.B
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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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CITY OF AUBURN
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into on this day of , 2019, by
and between the City of Auburn, a municipal corporation of the State of Washington, (the “City”)
and Racing to Equity Consulting Group, (the “Consultant”).
RECITALS:
1. The City is in need of specialized and qualified racial equity training to provide
professional development opportunities and racial equity-to-policy development.
2. The City wants to hire the Consultant to provide these services in connection with the
City’s work.
3. The Consultant is qualified and able to provide services in connection with the City’s needs
for this work, and is willing and agreeable to provide the services on the terms and conditions in
this Agreement.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the parties agree as
follows:
1. Scope of Services
The Consultant agrees to perform in a good and professional manner the tasks described in Exhibit
“A.” The Consultant shall perform the services as an independent contractor and shall not be
deemed, by virtue of this Agreement, to have entered into any partnership, joint venture,
employment, or other relationship with the City.
2. Additional Services
If additional services with respect to related work are required beyond those specified in the Scope
of Work, and not included in the compensation listed in this Agreement, the parties will amend
this Agreement before the Consultant performs the additional services.
3. Consultant’s Representations
The Consultant represents and warrants that it has all necessary licenses and certifications to
perform the services provided for in this Agreement, and is qualified to perform those services.
4. Acceptable Standards
The Consultant shall be responsible to provide, in connection with the services contemplated in
this Agreement, work products and services of a quality and professional standard that meets
generally recognized industry standards for similar work products and services.
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5. Compensation
As compensation for the Consultant’s performance of the services provided for in this Agreement,
the City shall pay the Consultant the fees and costs specified on Exhibit “B.” The Consultant shall
submit to the City an invoice or statement of time spent on tasks included in the scope of work.
The City, upon acceptance of the invoice or statement, shall process the invoice or statement in
the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment
to the Consultant, subject to any conditions or provisions in this Agreement or Amendment. The
not-to-exceed amounts for this agreement are $99,000.00 for 2019; $180,000.00 for 2020; and
$131,000.00 for 2021.
6. Time for Performance and Term of Agreement
The Consultant shall not begin any work under this Agreement until authorized in writing by the
City. The Consultant shall perform the services in accordance with the direction and scheduling
provided on Exhibit “A” unless otherwise agreed to in writing by the parties. All work under this
Agreement shall be completed by no later than December 31, 2021, and in accordance with the
deadlines set forth in the Scope of Services.
7. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations,
working drawings and any other materials created or otherwise prepared by the Consultant as part
of their performance under this Agreement will be owned by and become the property of the City,
and may be used by the City for any purpose beneficial to the City.
8. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts found upon audit
or otherwise to have been improperly invoiced, and all records and books of accounts pertaining
to any work performed under this Agreement shall be subject to inspection and audit by the City
for a period of up to three (3) years from the final payment for work performed under this
Agreement.
9. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract is in effect,
the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue
to make a good faith effort to cooperate and continue work toward successful completion of
assigned duties and responsibilities. Nothing in this section is intended to restrict or otherwise limit
the Consultant’s rights of termination set forth elsewhere in this Agreement.
10. Notices
Any written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn Racing to Equity
Human Resources Manager Chief Equity Officer
25 West Main Street 10041 California Ave SW
Auburn, WA 98001-4998 Seattle, WA 98146-1071
Phone: 253-931-3040 Phone: 206-930-6436
Fax: 253-288-4305 Email: bernardo@r2esj.org
E-mail: humanresources@auburnwa.gov
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11. Notices
All notices or communications permitted or required to be given under this Agreement shall be in
writing and shall be deemed to have been duly given if delivered in person or deposited in the
United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and
addressed, if to a party of this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing to the other party.
12. Insurance
The Consultant will procure and maintain for the duration of this Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work by the Consultant, or the Consultant’s agents, representatives,
employees, or subcontractors.
The Consultant will obtain insurance of the types described below:
A. Automobile Liability insurance covering all owned, non-owned, hired, and leased
vehicles. Coverage shall be as least as broad as Insurance Services Office (ISO) form CA
00 01. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
B. Commercial General Liability insurance will be at least as broad as ISO occurrence
form CG 00 01 and will cover liability arising from premises, operations, stop-gap
independent contractors and personal injury and advertising injury. The City will be named
as an additional insured under the Consultant’s Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO CG 20 26. Commercial General Liability insurance
will be written with limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
C. Professional Liability insurance appropriate to the Consultant’s profession.
Professional Liability insurance will be written with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate limit.
D. Worker’s Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
The Consultant’s insurance coverage will be primary insurance. Any insurance, self-insurance, or
insurance pool coverage maintained by the City will be excess of the Consultant’s insurance and
will not contribute to it.
The Consultant will provide the City and all Additional Insureds for this work with written notice
of any policy cancellation within five business days of their receipt of such notice.
Insurance is to be placed with an authorized insurer in Washington State. The insurer must have
a current A.M. Best rating of not less than A:VII.
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Consultant will furnish the City with certificates of insurance and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work. The
City reserves the right to require that complete, certified copies of all required insurance policies
be submitted to the City at any time. The City will pay no progress payments until the Consultant
has fully complied with this section.
If the Consultant maintains higher insurance limits than the minimums shown above, the City shall
be insured for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the Consultant
are greater than those required by this contract or whether any certificate of insurance furnished to
the City evidences limits of liability lower than those maintained by the Consultant.
Failure on the part of the Consultant to maintain the insurance as required shall constitute a material
breach of contract, upon which the City may, after giving five business days’ notice to the
Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure
or renew such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City, offset against
funds due the Consultant from the City.
13. Indemnification/Hold Harmless
The Consultant will defend, indemnify and hold the City and its officers, officials, employees, and
volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney
fees, arising out of or in connection with the performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City.
If a court of competent jurisdiction determines 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 Consultant and the City, its
officers, officials, employees, and volunteers, the Consultant’s liability hereunder shall be only to
the extent of the Consultant’s negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the Consultant’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
14. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part,
without the prior written consent of the other party hereto. No assignment or transfer of any
interest under this Agreement shall be deemed to release the assignor from any liability or
obligation under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligation.
15. Nondiscrimination
The Consultant may not discriminate regarding any services or activities to which this Agreement
may apply directly or through contractual, hiring, or other arrangements on the grounds of race,
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color, creed, religion, national origin, sex, age, or where there is the presence of any sensory,
mental or physical handicap.
16. Amendment, Modification or Waiver
No amendment, modification, or waiver of any condition, provision, or term of this Agreement
shall be valid or of any effect unless made in writing, signed by the party or parties to be bound,
or such party’s or parties’ duly authorized representative(s) and specifying with particularity the
nature and extent of such amendment, modification, or waiver. Any waiver by any party of any
default of the other party shall not affect or impair any right arising from any subsequent default.
17. Non-Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of funds
appropriated or allocated for the performance of that obligation. If funds are not allocated and
available for the continuance of this Agreement, then this Agreement may be terminated by either
party at the end of the period for which funds are available. No liability will accrue to either party
if this provision is exercised, and the City will not be obligated or liable for any future payments
or damages as a result of termination under this Section.
18. Termination for Cause
Either party may terminate this Agreement at any time while the Agreement is in effect upon thirty
(30) days’ prior written notice to the other party, if such other party breaches any material term or
condition of this Agreement and fails to cure such breach within the thirty (30) day cure period. In
the event of termination, the City shall only be obligated to pay Consultant for services actually
rendered up to the date of termination.
19. Termination for Convenience
Notwithstanding anything in this Agreement to the contrary, this Agreement may be terminated
by either party for convenience by delivery of a Notice of Termination with the effective date. In
the event of termination pursuant to this Section 19, the City shall only be obligated to pay
Consultant for services actually rendered up to the date of termination.
20. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided for herein shall
inure to and bind, the parties hereto and their respective successors and assigns, provided that this
section shall not be deemed to permit any transfer or assignment otherwise prohibited by this
Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create
a contractual relationship with or exist for the benefit of any third party, including contractors, sub-
contractors and their sureties.
21. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable
costs and attorney’s fees.
22. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and interpreted in
accordance with the laws of the State of Washington and venue for any action hereunder shall be
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in King County, Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial completion by the
Consultant of the services.
23. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and shall not constitute a part of this Agreement or act as a limitation
of the scope of the particular paragraph or sections to which they apply. As used herein, where
appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter
expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this Agreement having
been drafted by mutual agreement of the parties.
24. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this Agreement.
25. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect to the transactions
contemplated hereby and supersedes all prior agreements and understandings between the parties
with respect to such subject matter.
//
//
//
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26. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be one and the
same Agreement and shall become effective when one or more counterparts have been signed by
each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective
the day and year first set forth above.
CITY OF AUBURN RACING TO EQUITY
CONSULTING GROUP
_____________________________
Nancy Backus, Mayor Signature
Name:
Title:
Federal Tax ID No: ___________________
Approved as to form:
_____________________________
Steve Gross, City Attorney
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Exhibit A
Scope of Services
Racing To Equity will provide the following services:
• Development of Auburn’s racial equity policies and equity tools
• Racial Equity Adaptive Leadership (REAL) Training for management teams, as well as
employees
• Strategic racial equity executive advising for Mayor, Directors, and leadership teams
• Research, analysis, and metric development for Auburn’s program
• Development of City’s “Racial Equity Team” including training and strategic advising
during the first two years of the team’s creation
• Facilitating Auburn’s “Racial Affinity Caucusing” groups
• Strategic advising for City leaders on community engagement measures
• “Train-the-trainer” program development to support internal sustainability of the equity
and implicit bias program
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Exhibit B
Payment for Work
As compensation for the Consultant’s performance of the services provided for in this
Agreement, the City shall pay the Consultant the following:
• Compensation for 2019 is not-to-exceed $99,000.00
• Compensation for 2020 is not-to-exceed $180,000.00
• Compensation for 2021 is not-to-exceed $131,000.00
The Consultant will submit to the City an invoice or statement of time spent on tasks included in
the scope of services within thirty (30) days, and the City upon acceptance of the invoice or
statement will process the invoice or statement in the next billing/claim cycle following receipt of
the invoice or statement, and will remit payment to the Consultant, subject to any conditions or
provisions in this Agreement.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5430 (Coleman)
Date:
May 29, 2019
Department:
Finance
Attachments:
Res olution No. 5430
Budget Impact:
Administrativ e Recommendation:
City Council adopt Resolution No. 5430
Background Summary:
King County EM S System. King County’s Medic One/Emergency Medical Services (EMS)
system provides residents of Seattle and King County with life-saving prehospital medical
care through an internationally recognized tiered regional response system. This system
relies upon coordinated partnerships with fire departments, paramedic agencies, dispatch
centers and hospitals.
Funding of EMS Services. The Medic One/EMS system is funded with a countywide, voter-
approved EMS levy. State law authorizes EMS levies and stipulates that revenues collected
may only be used for EMS operations and support purposes. EMS levies in King County have
been approved for six-year periods. Past levy periods and rates are shown in Table 1.
Table 1. EMS Levy History
Levy Period Rate per $1,000 AV
2014 - 2019 $0.335
2008 - 2013 $0.30
2002 - 2007 $0.25
1999 – 2001 $0.29
1992 - 1997 $0.25
1986 - 1991 $0.25
1980 - 1985 $0.21
As indicated in the 2018 EMS annual report, the region started an extensive planning
process, bringing together regional leaders, decision- makers and stakeholders to assess the
needs of the system and develop recommendations to direct the system into the future.
EMS Advisory Task Force. Overseeing the development and vetting of the Medic One/EMS
levy is the EMS Advisory Task Force. This 20-body group consists of elected officials from
the county, cities, and fire districts, representing those who administer, authorize and are
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served by the system. The task force was charged with reviewing and endorsing Medic
One/EMS program recommendations and a supporting levy rate. The EMS Advisory Task
Force convened on January 18, 2018, beginning the levy renewal planning process.
Task Force Recommendations. The Task Force-recommended financial plan would support
a six-year EMS budget (2020-2025) with a levy rate of 27 cents per $1,000 Assessed
Valuation (AV). The 2020-2025 EMS levy, if approved, is expected to generate approximately
$1.1 billion over the six-year collection period based on the August 2018 forecast, assuming
a 27-cent levy, with an annual levy rate projected to vary from 27 cents to a low of
approximately 24 cents. For the owner of a home with a $400,000 assessed valuation, the
annual levy cost would be $108 (at $0.27 per $1,000 AV). This levy will renew the existing
EMS levy.
In order for a countywide EMS levy to be placed on the ballot, current state law requires that a
majority of at least three-fourths of cities over 50,000 in population must approve the levy
proposal. This requirement is usually accomplished by each city passing a resolution
endorsing the levy. Resolution 5430 approves the levy proposal for the City of Auburn.
The following chart is a summary of recommendations to support the 6-year plan funded by
the levy.
Task Force Recommendations
ALS · Continue using the unit allocation to fully fund Advanced Life
Support
· Include a placeholder for adding a potential future unit
· Explore options to address paramedic workforce needs and
other efficiencies
BLS · Continue the B asic L if e Support allocation; streamline the B L S
funding sources and distribute it using agencies’ current assessed
valuations and service levels
· Commit $4 million a year of levy funding to exploring a Mobile
I ntegrated Healthcare model to address community needs;
distribute to all agencies
· Establish guidelines to create consistency around data collection,
measures and program reporting
Regional
Services
&
Strategic
Initiatives
· Continue delivering programs that provide essential support to
the system
· Maintain regional focus on creating additional efficiencies and
system
effectiveness to improve patient care and outcomes
· Support strategic initiatives that leverage previous investments
made by the region to improve patient care and outcomes
Finance · Support financial policies that provide stability to the system by:
o Adapting existing reserve policies to meet county
financial policies
o Incorporating sufficient reserves to mitigate unforeseen
financial risk
o Pursuing an EMS levy length that ensures sufficient
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funding
· F orward financial plan that supports 6-year budget of $1.1 billion
with a 27-cent E MS levy to the Task F orce for consideration and
adoption
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:June 3, 2019 Item Number:RES.C
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Resolution No. 5430
May 24, 2019
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RESOLUTION NO. 5430
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SUPPORTING THE
COUNTYWIDE BALLOT PROPOSITION FOR FUNDING
THE MEDIC ONE/EMERGENCY MEDICAL SERVICES
(EMS) LEVY FOR THE PERIOD FROM JANUARY 1, 2020,
THROUGH DECEMBER 31, 2025, PURSUANT TO RCW
84.52.069.
WHEREAS, the delivery of emergency medical services is an essential function of
the fire and life safety responsibility of local and regional government; and
WHEREAS, the internationally recognized countywide tiered Medic One/EMS
system in Seattle & King County provides county residents and visitors essential life-
saving services throughout the region regardless of location, incident circumstances, day
of the week, or time of day; and
WHEREAS, it has been to the benefit of the residents of the City of Auburn to
support and participate in the countywide cooperative of delivering Advanced Life Support
and Basic Life Support services; and
WHEREAS, King County should continue to exercise leadership and assume
responsibility for assuring the consistent, standardized, effective and cost efficient
development and provision of emergency services throughout the county; and
WHEREAS, RCW 84.52.069 provides for countywide emergency medical care
and service levies and King County is seeking voter authorization of a six-year Medic
One/EMS levy for the period of 2020-2025, and
WHEREAS, the highly praised patient and program services of the King County
Medic One/EMS system are funded by a prior countywide six-year Medic One/EMS levy
that expires December 31, 2019, and
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Resolution No. 5430
May 24, 2019
Page 2 of 3
WHEREAS, the EMS Advisory Task Force, created via Executive Order PHL- 0 -
1 – EO, worked collaboratively with regional EMS Stakeholders to develop the Medic
One/EMS 2020-2025 Strategic Plan for providing this countywide service, and
recommends pursuit of a Medic One/EMS levy, per RCW 84.52.069; with an initial levy
rate of $0.265 cents per one thousand dollars assessed value, to fund EMS throughout
King County for the next six years; and
WHEREAS, the City of Auburn significantly participated in these discussions
throughout the process and was represented on the Task Force; and
WHEREAS, in order to continue funding for emergency medical services for six
years, RCW 84.52.069 requires that 75% of those cities with a population greater than
fifty thousand approve placing the countywide levy proposal on the ballot; and
WHEREAS, the City of Auburn has a population of 80,615 people;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City of Auburn hereby approves submitting to the voters a ballot
proposition to provide stable and long-term funding for the countywide Medic One/EMS
levy on the ballot in 2019.
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.
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Resolution No. 5430
May 24, 2019
Page 3 of 3
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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