HomeMy WebLinkAbout12-07-2020 CITY COUNCIL AGENDACity Council Meeting
December 7, 2020 - 7:00 P M
Virtual
AGE ND A
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I .C AL L T O O RD E R
I I .V IRT UAL PART IC I PAT I O N L I NK
1.Virtual Participation L ink
T he A uburn City Council Meeting scheduled f or Monday, D ecember 7, 2020 at
7:00 p.m. will be held virtually and telephonically. To attend the meeting virtually
please click the link or enter the meeting I D into the Z oom app or call into the
meeting at the phone number listed below.
P er the Governor's E mergency P roclamation 20-28, the City of Auburn is
prohibited from holding an in-person meeting at this time.
City of Auburn R esolution No. 5533, designates City of A uburn meeting locations
f or all C ouncil, B oard and C ommission meetings as virtual.
A ll meetings will be held virtually and telephonically until K ing C ounty enters into
P hase 3 of Governor I nslee’s S af e S tart — Washington’s Phased Reopening
plan.
T he link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iP ad, iP hone or Android device:
P lease click this UR L to join. https://zoom.us/j/95635209010
O r join by phone:
253 215 8782
877 853 5257 (Toll F ree)
Webinar I D : 956 3520 9010
A.P ledge of Allegiance
B.Roll Call
I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS
Page 1 of 202
I V.AP P O INT M E NT S
A.2021-2023 Auburn Poet L aureate
C ity C ouncil to conf irm the appointment of J ames Rodgers as A uburn's 2021-2023
P oet L aureate
(RE C O M M E ND E D AC T IO N: M ove to appoint J ames Rodgers as Auburn's
2021-2023 P oet Laureate.)
B.A irport Board - R eappointment Modification
D ue to a clerical error, Mayor and C ity C ouncil to approve the correction of Andrea
P rasse's term date f rom 12/31/2021 to 12/31/2022
(RE C O M M E ND E D AC T IO N: M ove to approve the correction of term date from
12/31/2021 to 12/31/2022.)
C .R eappointments to Boards & C ommissions
C ity C ouncil to reappoint the following boards and commission members. A ll
appointees will serve a new three-year term to expire on D ecember 31, 2023
Arts C ommission
E ydie L eighty
Auburn L odging Tax Advisory C ommittee
A man G hag
R eggie Matto
Auburn Tourism Board
J ulie K rueger
R achael Mc A lister
B IA Rate Payer C ommittee
B ill Cowart
B ob K lontz
P arks and Recreation Boar d
Michael Hassen
Michael Palko-D ean
P lanning C ommission
J udi Roland
S unil K hanal
Tr ansportation Advisory Board - Citizen at L arge P osition (1 of 3)
P eter D i Turi
Urban T ree B oard
B ryce L andrud
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White River Valley Historical S ociety
R onnie Beyersdorf
(RE C O M M E ND E D AC T IO N: M ove to reappoint board and commission
members.)
D .S alary C ommission - Reappointment Modif ication
D ue to a clerical error, Mayor and C ity C ouncil to approve the correction of Nancy
C olson's term date f rom 12/31/2020 to 12/31/2021.
(RE C O M M E ND E D AC T IO N: M ove to approve the correction of the term date
from 12/31/2020 to 12/31/2021.)
E.R eappointments to Boards & C ommissions
C ity C ouncil to conf irm the following reappointments to the J unior City Council for two-
year terms expiring August 31, 2022:
Waylon Menzia
J onathan Mulenga
(RE C O M M E ND E D AC T IO N: M ove to reappoint Waylon M enzia and J onathan
M ulenga to the J unior City C ouncil for a two year term expiring August 31,
2022.)
V.AG E ND A M O D I F IC AT I O NS
V I .NE W B US INE S S
V I I .C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A.P ublic Hearings
1.P ublic Hearing for the 2021 Community D evelopment
B lock Grant A nnual A ction P lan
City Council to hold Public Hearing for the proposed 2021 A nnual A ction Plan on
December 7, 2020 at 7:00 p.m.
B.Audience P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue.
1.Virtual Participation
P articipants can submit written comments via mail, fax or email. All written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
P lease mail comments to:
City of Auburn
A ttn: S hawn Campbell, C ity C lerk
25 W Main St
A uburn, W A 98001
Page 3 of 202
P lease fax comments to:
A ttn: S hawn Campbell, C ity C lerk
F ax number: 253-804-3116
E mail comments to:
publiccomment@auburnwa.gov
C .C orrespondence - (T here is no correspondence for Council review.)
V I I I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
1.F inance A d Hoc Committee (Chair B aggett)
I X.C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
A.Minutes of the A ugust 23, 2016, November 14, 2020 and
November 17, 2020 S pecial City Council Meeting
B.Minutes of the November 16, 2020 R egular C ouncil Meeting
C .Minutes of the November 23, 2020 Study Session
D .C laim Vouchers (T homas)
C laim voucher list dated December 7, 2020 which includes voucher numbers 461531
through 461762 in the amount of $3,357,391.97 and seven wire transfers in the amount
of $811,660.27
E.P ayroll Vouchers (Thomas)
P ayroll check numbers 539002 through 539005 in the amount of $547,469.97,
electronic deposit transmissions in the amount of $1,997,803.78, comp time cash out
check numbers 539006 through 539047 in the amount of $86,138.18, and
corresponding electronic deposit transmissions in the amount of $79,859.16, for a
grand total of $2,708,271.09 for the period covering November 11, 2020 to December
1, 2020
X .UNF I NI S HE D B US I NE S S
X I .O RD I NANC E S
A.Ordinance No. 6805 (Thomas)
A n O rdinance amending Ordinances Nos. 6693 and 6694, the 2019-2020 B iennial
B udget O rdinances, as amended by Ordinance No. 6712, Ordinance No. 6719,
Ordinance No. 6720, Ordinance No. 6751, Ordinance No. 6752, Ordinance No. 6764,
and Ordinance No. 6783, authorizing amendment to the C ity of A uburn 2019-2020
Page 4 of 202
B udget as set f orth in schedule “A ” and schedule “B”
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6805.)
B.Ordinance No. 6803 (Tate)
A n O rdinance relating to planning; adopting 2020 Annual C omprehensive Plan Map
and Text Amendments pursuant to the provisions of R C W C hapter 36.70A and
adopting corresponding rezones related to certain map amendments
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6803.)
C .Ordinance No. 6804 (Tate)
A n O rdinance amending Sections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of
the A uburn C ity C ode relating to S chool I mpact F ees
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6804.)
D .Ordinance No. 6807 (Tate)
A n O rdinance rezoning six parcels, approximately 37.1 acres, f rom R-20 Residential
and R -7 Residential to R-16, R esidential Z one – 16 dwelling units per acre, with certain
conditions
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6807.)
X I I .RE S O L UT IO NS
A.R esolution No. 5544 (Gaub)
A R esolution authorizing the Mayor to execute an agreement with Sound Transit
relating to the R egional Growth C enter Access I mprovements P roject
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5544.)
B.R esolution No. 5564 (Hinman)
A R esolution authorizing the Mayor to amend a lease between the City of Auburn
A irport and Normandy A ircraft.
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5564.)
C .R esolution No. 5560 (Hinman)
A R esolution relating to an airport lease and authorizing the Mayor to negotiate and
execute an Airport Office and Tie Down lease agreement with C lassic Helicopter Corp
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5560.)
D .R esolution No. 5562 (Hinman)
A R esolution authorizing the Mayor to negotiate and execute, on behalf of the City,
an airport property lease with S panaF light L L C
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5562.)
Page 5 of 202
E.R esolution No. 5571 (T homas)
A R esolution relating to the A uburn F ood B ank’s operation of the daytime resource
center and authorizing the Mayor to negotiate, administer, and execute an agreement
with the A uburn F ood Bank
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5571.)
F.R esolution No. 5572 (T homas)
A R esolution relating to the A uburn F ood B ank’s operation of the Night Shelter and
authorizing the Mayor to negotiate, administer, and execute an agreement with the
A uburn F ood B ank
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5572.)
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
B.Fr om the M ayor
X I V.AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew
at the City Clerk's Office.
Page 6 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing f or the 2021 Community Development Block
Grant Annual Action Plan
Date:
December 1, 2020
Department:
Community Development
Attachments:
2021 Draft CDBG Annual Action Plan
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a Public Hearing for the City of Auburns Community Development Block
Grant 2021 Annual Action Plan.
Background Summary:
The City of Auburn’s Community Development Block Grant (CDBG) Citizen Participation Plan
requires Public Hearings to be held at two key stages of the Annual Action Planning process
– prior to development to gain input on what should be included, and af ter the Action Plan has
been draf ted. The City of Auburn Human Services Committee held an initial Public Hearing
during their October 26, 2020 meeting. Staff requests that the City Council hold a Public
Hearing for the proposed 2021 CDBG Annual Action Plan on December 7, 2019 at 7:00 p.m.
The proposed 2021 Annual Action Plan is a requirement f or the Department of Housing and
Urban Development's CDBG Program. The Action Plan describes housing and community
development needs as well as proposed activities to address those needs. The Action Plan
will reflect all public comments received. The Action Plan brings together the planning and
f unding recommendations for human services, neighborhood revitalization and capital
improvements f unded by the Community Development Block Grant program.
The draft plan is posted on the City’s Community Services Division webpage, and written
copies are available upon request.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:December 7, 2020 Item Number:PH.1
Page 7 of 202
Page 8 of 202
Annual Action Plan
2021
1
OMB Control No: 2506-0117 (exp. 06/30/2018)
Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
Each year the City of Auburn executes specific actions to implement the goals and strategies of
the Consolidated Plan for Years 2020-2024. Actions that will be undertaken in 2021 are outlined
in this Annual Action Plan.
The City of Auburn anticipates the receipt of approximately $630,000 in Community
Development Block Grant (CDBG) funds in 2021. In addition to CDBG funds, the City is planned
to allocate approximately 0.92% of the City's General Funds to Human Services. The City’s
Human Services program, housed in the Community Services Division, oversees and is
responsible for providing and managing financial resources to more than 30 non -profit agencies
that serve the Auburn community. The Community Services division is also responsible for
administering the local housing repair program and developing collaborations among
community partners to strengthen the response to residents in need.
The 2020 Action Plan proposes to allocate $90,000 of CDBG funds to public services. Most of
those funds ($70,000) will be used to support Homelessness Prevention and Intervention. The
remaining $20,000 will be allocated to Fair Housing public services, in keeping with our
Consolidated Plan priorities and challenges identified in the 2019 Analysis of Impediments to
Fair Housing Choice.
Approximately $115,000 of the CDBG funds will be allocated to program administration, which
includes planning, citizen participation, and administration of the City’s CDBG-funded Housing
Repair Program. The remaining $350,000 will be allocated to residential rehabilitation,
providing free minor home repair services to low- and very low-income Auburn residents.
The City of Auburn is committed to continuing to focus on achieving equitable outcomes for its
community members and achieving a greater collaboration among service providers. Overall
the implementation of the Consolidated Plan is progressing as planned and all of the activities
included are underway.
2. Summarize the objectives and outcomes identified in the Plan
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Annual Action Plan
2021
2
OMB Control No: 2506-0117 (exp. 06/30/2018)
This Action Plan allocates a total of $630,000 dollars in anticipated 2021 Community
Development Block Grant funds, to support the Community Development Block Grant program.
With the overall goal of reducing the number of people living in poverty within the City of
Auburn, the following objectives and outcomes will be employed:
1. Affordable Housing: The City of Auburn will engage in housing activities, collaborations,
and partnerships to enhance opportunities for the creation and preservation of
affordable housing. The City will plan for and support fair housing strategies and
initiatives designed to affirmatively further fair housing choice, and to increase access to
housing and housing programs.
2. Ending Homelessness: The City of Auburn will support Public Service activities that work
toward the following outcomes: 1) reduce the number of households becoming
homeless; 2) reduce the length of time that households are homeless; 3) increase the
rate of exits to permanent housing; and 4) reduce the number of households that re-
enter the homeless system after exit to permanent housing.
3. Community and Economic Development: In an effort to meet the need of Auburn's
economic and demographic growth the City intends to fund programs and activities that
will enhance the economy, accessibility, safety, and physical appearance
of neighborhoods. Activities that would be eligible for funding include fair housing
public services, public infrastructure and ADA improvements for public facilities. These
investments help to ensure equitable opportunities for good health, happiness, safety,
self-reliance and connection to community.
4. Planning and Administration: Administer the Community Development Block Grant
program to meet the community needs and HUD requirements
To accomplish these outcomes and objectives, the City invests in programs that meet the
community basic needs, increase self-sufficiency, provide economic opportunity and develop a
safe community.
3. Evaluation of past performance
During the past year Auburn has accomplished significant achievement on its programs and
impacted the lives of thousands of residents. In 2019 alone, projects funded by the City
completed the following:
• 59 very low- and low-income Auburn homeowners received housing repair services.
Roughly 70% of these homeowners were seniors.
• Over 200 low to moderate income residents received free or low cost medical and/or
dental care
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Annual Action Plan
2021
3
OMB Control No: 2506-0117 (exp. 06/30/2018)
• 9 Low-income Auburn residents received job training assistance. At least half obtained
and maintained their job.
• 3 Sidewalk projects were completed to support greater ADA accessibility for Auburn
residents, with an estimated direct impact for 8,585 residents.
4. Summary of Citizen Participation Process and consultation process
The city is engaged in a public participation process for the 2021 Annual Action Plan, as outlined
below:
• Drafts of the Action Plan have been made available for public via mail and on the City’s
website and notices of its public view were publicized in the local newspaper as of
November 5, 2020
• A public hearing was provided on October 26, 2020, during the City’s Human Services
Committee meeting to hear public comment and input on priorities to be included in
the 2021 Annual Action Plan. Consistent with local health guidelines related to COVID-
19, this public hearing was conducted virtually.
• An additional public hearing will be provided on December 7, 2020, during the Auburn
City Council meeting, to hear public comment and input on the published draft of the
2021 Annual Action Plan. Consistent with local health guidelines related to COVID-19,
this public hearing will be conducted virtually.
The City of Auburn in conjunction with the Consortium consulted with multiple public and
private agencies during the development of the consolidated plan. Consultations occurred
during regional meetings as well as in individual conversations. Agencies that participated in
consultations regarding public services, fair housing, and other topics relevant to the drafting of
the 2021 Annual Action Plan included: the King County Housing Authority, local legal assistance
providers, other government human service providers and nonprofit agencies delivering
services in Auburn and the sub-region.
In addition to conducting consultations during the development of the plan, the City of Auburn
collaborates and works closely with numerous coalitions, committees and government entities.
5. Summary of public comments
Public comments received will be noted here. No public comments have been received at time
of publishing.
6. Summary of comments or views not accepted and the reasons for not accepting them
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Annual Action Plan
2021
4
OMB Control No: 2506-0117 (exp. 06/30/2018)
Public comments received will be noted here. No public comments have been received at time
of publishing.
7. Summary
Public comments received will be noted here. No public comments have been received at time
of publishing.
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Annual Action Plan
2021
5
OMB Control No: 2506-0117 (exp. 06/30/2018)
PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of
each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency AUBURN Community Development Department
CDBG Administrator AUBURN Community Development Department
ESG Administrator KING COUNTY DCHS
Table 1 – Responsible Agencies
Narrative
The City of Auburn, as a member of the King County Consortium, administers its own CDBG funds and prepares its own Consolidat ed
Plan and Annual Action Plans for the administration of those funds.
As a member of the King County Consortium, the City works closely with numerous nonprofit organizations in the region that
implement programs funded by the City of Auburn CDBG program. A detailed list of agencies responsible for administering funde d
programs by CDBG can be found in the Action Plan section of this document.
Consolidated Plan Public Contact Information
Joy Scott
Community Services Manager
City of Auburn
25 West Main Street
Auburn, WA 98001
253.876.1965
jfscott@auburnwa.gov
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Annual Action Plan
2021
6
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
1. Introduction
This section describes the community consultation process followed by the City of Auburn in
developing the 2021 Annual Action Plan and the coordination with other local governments,
the Continuum of Care, service agencies, and community stakeholders. The City of Auburn
consulted with multiple public and private agencies as well as community members during the
development of the Consolidated Plan.
In addition to conducting consultations during the development of the plan, the City of Auburn
collaborates and works closely with numerous coalitions, committees, and government entities
throughout the duration of the plan in efforts to enhance strategies and systems to meet
established goals and objectives of the plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, menta l health
and service agencies (91.215(l)).
The City of Auburn works closely with partnering King County jurisdictions, public housing
authorities and health providers to develop systems in order to improve the quality of service
and access for low-income residents as well as the community as a whole within the city and
throughout the region.
The City of Auburn, in partnership with the Seattle -King County Coalition on Homelessness,
convenes a monthly group of service providers, faith communities, community advocates, and
others, to coordinate efforts on serving individuals experiencing homelessness in South King
County. The meeting provides a venue for resource sharing, collaboration, training, and best
practice implementation. City staff also participate in regional collaborative and decision
making bodies such as the King County Joint Recommendations Committee (JRC) and the South
King County Human Services Planners group. The city is a member of the King County Human
Services Funder Collaborative, which provides a more streamlined process for human service
agencies to access funding from multiple cities.
Additionally, the City participates in monthly Homelessness Action Committee meetings with
staff from King County Department of Community and Human Services, Public Health King
County, the Housing Development Consortium, Valley Cities, the Multi-Service Center, and the
King County Housing Authority to review program progress and delivery of homeless services
funded through regional efforts. In addition to these groups, the City’s regional collaboration
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Annual Action Plan
2021
7
OMB Control No: 2506-0117 (exp. 06/30/2018)
work on affordable housing is supported by the South King Housing and Homelessness
Partners, which Auburn and other South King County Cities contribute to in order to build
additional capacity to address issues related to housing and homelessness in the South King
County region.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
Since 2016, King County and All Home, our region’s Continuum of Care (CoC) lead agency, launched the
Coordinated Entry for All (CEA) system for homeless populations and has been refining the system since
then. National research identifies coordinated entry as a key component for an effective homeless
system because it improves the quality of client screening and assessment, matches clients to
appropriately targeted services and resources, and promotes a more efficient use of resources. CEA
processes and prioritizes assistance based on vulnerability and severity of service needs to ensure that
people who need assistance the most can receive it in a timely manner.
A key feature of the CEA system includes a common assessment tool, the CEA Housing Triage Tool,
which is based upon vulnerability and severity of service needs to ensure that people who need
assistance the most can receive it in a timely manner. Chronically homeless individuals and families,
families with children, veterans, unaccompanied youth, and young adults are a part of the coordinated
system. In addition, CEA utilizes regional access points which serve as the primary “front door” for the
homeless housing system.
Auburn’s mayor has been connected to the county’s transition from All Home to the newly created
Regional Homeless Authority.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate ESG funds, develop perf ormance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The ESG program focuses on assisting people to quickly regain stability in permanent housing after
experiencing homelessness or a housing crisis. Auburn does not receive ESG funds directly.
Coordinating with King County’s Continuum of Care (CoC) is critical to our region’s implementation. The
City will look for ways of participating in and collaborating with the newly established Regional
Homelessness Authority and its Advisory Committee, which will serve as the Continuum of Care.
The City of Auburn supports the continuum of housing including prevention, emergency shelter,
transitional housing, and permanent housing. The City provides financial support for these efforts with
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Annual Action Plan
2021
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OMB Control No: 2506-0117 (exp. 06/30/2018)
City general funds and also commits staff and leadership time to the ongoing development and
implementation of the system to address the needs of persons experiencing homelessness.
The City participates in and supports numerous coalitions and committees, such as the South King
County Forum on Homelessness and the Homelessness Action Committee, focusing on developing
resources in South King County. The City also participates in the annual Count Us In, Point in Time Count,
which provides invaluable data for planning. The City provides both CDBG and local funds to agencies
that serve chronically homeless individuals and families with children, veterans, and unaccompanied
youth.
2. Agencies, groups, organizations and others who participated in the process and
consultations
1 Agency/Group/Organization KING COUNTY
Agency/Group/Organization Type Other government - County
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Market Analysis
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
As a member of the King County Housing Consortium
for the purpose of HOME funds, Auburn works closely
with King County in the development of the City's and
the County's Consolidated Plan. Because the two
entities have a cardinal role in each other's program
delivery there is active participation from both parties
in the development of the plan. Staff from King
County and Auburn met regularly prior to and during
the development of the plan, and Auburn rotates as a
regular voting member of the County’s Joint
Recommendations Committee.
2 Agency/Group/Organization KENT
Agency/Group/Organization Type Other government - Local
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Annual Action Plan
2021
9
OMB Control No: 2506-0117 (exp. 06/30/2018)
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Lead-based Paint Strategy
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
As members of the Urban County Consortium,
Auburn and Kent staff worked closely together during
the development of the Consolidated Plan. Staff from
both cities attend monthly meetings to discuss
human services and housing trends, needs, and
progress on ongoing initiatives.
3 Agency/Group/Organization FEDERAL WAY
Agency/Group/Organization Type Other government - Local
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Lead-based Paint Strategy
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Market Analysis
Anti-poverty Strategy
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
As members of the Urban County Consortium,
Auburn and Federal Way staff worked closely
together during the development of the Consolidated
Plan. Staff from both cities attend monthly meetings
to discuss human services and housing trends, needs,
and progress on ongoing initiatives.
4 Agency/Group/Organization Housing Development Consortium of Seattle-King
County
Agency/Group/Organization Type Planning organization
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Annual Action Plan
2021
10
OMB Control No: 2506-0117 (exp. 06/30/2018)
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Auburn participates in monthly meetings convened
by the Housing Development Consortium (HDC) on
homeless response needs and strategy in SKC, and
bimonthly meetings focused on affordable housing
data and developments. The information collected by
HDC helps to inform multiple pieces of our
Consolidated Plan and Annual Action Plan,
particularly those strategies related to homelessness
and affordable housing in our community.
5 Agency/Group/Organization Seattle-King County Coalition on Homelessness
Agency/Group/Organization Type Services-homeless
Nonprofit agency
What section of the Plan was addressed
by Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Auburn is a member of the Seattle-King County
Coalition on Homelessness (SKCCH), and co-convenes
a monthly group of service providers working with
people experiencing homelessness in our
communities. The meetings provide a frequent check-
in point, and the opportunity to hear from providers
directly on the challenges and trends they're seeing in
Auburn. The Coalition on Homelessness'
organizational members include agencies and
community groups that provide emergency shelter
and services, transitional housing, and permanent,
supported housing to the roughly 27,000 men,
women, and children who are homeless in King
County during one year.
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6 Agency/Group/Organization South King County Housing and Homelessness
Partners
Agency/Group/Organization Type Other government - Local
Regional organization
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
South King Housing and Homelessness Partners
(SKHHP) is a coalition formed by an interlocal
agreement between the jurisdictions of Auburn,
Burien, Covington, Des Moines, Federal Way, Kent,
Normandy Park, Renton, Tukwila, and King County.
The agreement allows for South King County
jurisdictions to work together and share resources in
order to effectively address affordable housing and
homelessness. This collaborative model is based on
similar approaches used in Snohomish County, East
King County, and other areas of the country. The
purpose of the coalition is to increase the available
options for South King County residents to access
affordable housing and to preserve the existing
affordable housing stock.
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Table 2 – Agencies, groups, organizations who participated
Identify any Agency Types not consulted and provide rationale for not consulti ng
A wide range of groups and organizations participated in the process including public funders from Washington State and King
County partner jurisdictions, public housing authorities, members from the Seattle-King County Housing Development Consortium,
stakeholders, housing providers for low-and-moderate income persons, agencies who serve persons who are homeless, and Seattle-
King County Public Health. In addition to the consultations referenced above, Auburn, King County and Consortium partner staf f
coordinate closely with each other and fan out to participate and attend a wide range of standing meetings with city planners,
housing and service providers.
The only types of organizations not consulted with were corrections facilities. The rationale for no t consulting with these facilities is
that the City does not host this type of organization.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan
overlap with the goals of each plan?
Continuum of Care King County Regional Homeless Authority The goals of Auburn's Strategic Plan overlap
with the goals of the CoC to address the
needs of homeless residents in the
community and reduce the risk of
homelessness.
Table 3 - Other local / regional / federal planning efforts
Narrative
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AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal -setting
Citizen participation plays a crucial role in the success of the City's Annual Action Plan. The goals are to hear the communi ty's
feedback and recommendations on how CDBG funds should be invested and how services can coordinate to achieve the greatest
impact. In addition to the targeted outreach listed below, the City regularly engages service providers and stakeholders in
discussions regarding human services and local economic development needs. Organizations funded by the city are monitored
throughout the year and report quarterly on progress, trends, and challenges. City staff co-host a monthly meeting of service
providers working with individuals and families experien cing homelessness in the region to gather feedback and support increased
capacity building through broad collaboration of regional providers. In addition, City staff meet regularly with other cities in the area
and other funders to evaluate gaps in services and seek solutions to local and regional community development challenges.
Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1. Public Hearing Non-
targeted/broad
community
2. Newspaper Ad Non-
targeted/broad
community
3. Web posting on
City’s Human
Services page
Service providers
in Auburn
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City of Auburn anticipates funding for the duration of the Consolidated Plan from
• CDBG
• City of Auburn General Fund allocation for Human Services
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG Public-
federal
Admin and
Planning
Fair Housing
Public
Improvements
Public Services
Estimated:
$630,000
0 0 Estimated:
$630,000
$2,520,000 Auburn is anticipating
approximately
$630,000 per year in
CDBG funds for the
remainder of the
Consolidated Plan
period.
General Fund Public
- local
Public Services Estimated:
$680,000
0 0 Estimated:
$680,000
$2,720,000
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
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The City of Auburn relies on CDBG funds to support community and economic development projects and activities in efforts to
support low to moderate income populations to become self-sufficient and sustain affordable housing. However, CDBG funds are
not the only source of funds the City uses to support community projects and activities.
The City's general funds are used to support direct services benefitting Auburn's at risk populations in addition to CDBG funds.
CDBG funds do not require matching funds.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the ne eds
identified in the plan
N/A
Discussion
The City of Auburn will use CDBG funds to support all eligible pr ojects and activities that align with CDBG guidelines and regulations.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Affordable Housing 2020 2024 Affordable
Housing
Public Housing
Homeless
Non-Homeless
Special Needs
Affordable
Housing
CDBG:
$370,000
Homeowner Housing Rehabilitated:
65 Household Housing Unit
Fair Housing Public Service
Activities: 25 Persons Assisted
2 Ending
Homelessness
2020 2024 Homeless Ending
Homelessness
CDBG: $70,000 Public service activities other than
Low/Moderate Income Housing
Benefit: 96 Persons Assisted
3 Community and
Economic
Development
2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Community
and Economic
Development
CDBG: $75,000 Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 500 Persons Assisted
4 Planning and
Administration
2020 2024 CDBG:
$115,000
Other: 0 Other
Table 6 – Goals Summary
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Goal Description
1 Goal Name Affordable Housing
Goal
Description
The City of Auburn will engage in housing activities, collaborations, and partnerships to enhance opportunities for the
creation and preservation of affordable housing. The City will plan for and support fair housing strategies and initiatives
designed to affirmatively further fair housing choice, and to increase access to housing and housing programs.
2 Goal Name Ending Homelessness
Goal
Description
The City of Auburn will support Public Service activities that work toward the following outcomes: 1) reduce the number of
households becoming homeless; 2) reduce the length of time that households are homeless; 3) increase the rate of exits to
permanent housing; and 4) reduce the number of households that re-enter the homeless system after exit to permanent
housing.
3 Goal Name Community and Economic Development
Goal
Description
In an effort to meet the need of Auburn's economic and demographic growth the City intends to fund programs and
activities that will enhance the economy, accessibility, safety, and physical appearance of neighborhoods. Activities that
would be eligible for funding include fair housing public services, public infrastructure and ADA improvements for public
facilities. These investments help to ensure equitable opportunities for good health, happiness, safety, self-reliance and
connection to community.
4 Goal Name Planning and Administration
Goal
Description
General administration and project management
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AP-35 Projects - 91.420, 91.220(d)
Introduction
Auburn's Annual Action Plan provides descriptions of proposals of how funds will be prioritized
to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the
priority needs of providing assistance to prevent homelessness, ensure affordable housing and
a suitable living environment. Projects and programs are selected through a competitive
application process to ensure optimal quality services is provided to the community in use of
the funds.
# Project Name
1 HOUSING REPAIR
2 ADMINISTRATION
3 SOLID GROUND HOUSING STABILITY PROGRAM
4 HOUSING JUSTICE PROJECT
5 FAIR HOUSING PUBLIC SERVICES
6 ADA SIDEWALK IMPROVEMENTS
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The allocations proposed are based on the assessment of Auburn's needs, the resources
available in the region, the availability of other funds also focusing on needs, and the purpose
of Consolidated Plan funds.
Should CDBG revenues exceed the proposed amount, the additional resources shall be
allocated in accordance to the following guidelines:
• Fill gaps in human services primarily healthcare, homeless prevention and intervention
and affordable housing accessibility.
• Increase funding for community development projects and activities including housing,
community facilities and economic development.
If increases are not significant enough to enhance projects or activities funds may be placed in
contingency for programming later in the year or the following program year.
Should CDBG revenues come in lower than anticipated; the City will continue with its planned
policy and to the extent allowed reduce funding allocations in homeowner rehabilitation
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projects and administrative activities.
Should CDBG revenues come in less than originally proposed, the City will continue managing
the programs with decreased resources to the extent possible and reduce funding allocations
in administrative activities and not public services.
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AP-38 Project Summary
Project Summary Information
1 Project Name Housing Repair
Target Area None
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $350,000
Description Maintain the affordability of decent housing for low-income Auburn residents by providing repairs
necessary to maintain suitable housing for low income Auburn homeowners.
Target Date 12/31/2021
Estimate the number and type
of families that will benefit
from the proposed activities
An estimated 65 low- and very low-income families will benefit from the housing repair program. As the
City's largest homeless prevention program, housing repair ensures the sustainability of a safe home for
some of Auburn's most vulnerable residents. Of the 65 low to moderate income residents who apply for
the program, over half of them are of the senior and disabled population.
Location Description n/a
Planned Activities Activities include minor home repairs.
2 Project Name Administration
Target Area None
Goals Supported All
Needs Addressed Planning and Administration
Funding CDBG: $115,000
Description General administration and project management
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Target Date 12/31/2021
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description n/a
Planned Activities General planning and administration of the CDBG programs include: management of the housing repair
program, management of all CDBG related finances, all grant reporting, monitoring of subrecipients and
providing guidance of program implementation in Auburn.
3 Project Name Solid Ground Housing Stability Program
Target Area
Goals Supported End Homelessness
Needs Addressed Ensure a Suitable Living Environment
Funding CDBG: $55,000
Description Provide time limited emergency subsistence/rental assistance to Auburn residents paired with
supportive services based on the progressive engagement model to support homelessness prevention
and increased housing stability. This is a public service activity.
Target Date 12/31/2021
Estimate the number and type
of families that will benefit
from the proposed activities
26 low to moderate income Auburn residents will benefit from the housing stability program.
Location Description n/a
4 Project Name Housing Justice Project
Target Area none
Goals Supported End Homelessness
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Needs Addressed Ensure a Suitable Living Environment
Funding CDBG: $15,000
Description The King County Housing Justice project provides legal representation and support to low income
residents threatened with eviction.
Target Date 12/31/2021
Estimate the number and type
of families that will benefit
from the proposed activities
70 low to moderate income Auburn residents will benefit from the improvements.
Location Description n/a
Planned Activities Planned activities include free legal assistance via attorney consultations. This is a public service activity.
5 Project Name Fair Housing Public Services
Target Area
Goals Supported Affordable Housing
Needs Addressed Ensure a Suitable Living Environment.
Funding CDBG: $20,000
Description Make funds available through an RFP process to nonprofit agencies to provide Fair Housing services to
Auburn residents.
Target Date 12/31/2021
Estimate the number and type
of families that will benefit
from the proposed activities
An estimated 25 low income households will benefit from the proposed activity.
Location Description n/a
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6 Project Name ADA Sidewalk Accessibility Improvements
Target Area none
Goals Supported Community and Economic Development
Needs Addressed Ensure a Suitable Living Environment
Funding CDBG: $75,000
Description Provide sidewalk ADA improvements in low- to moderate-income areas of Auburn, improving
accessibility, safety, and community connectedness.
Target Date 12/31/2021
Estimate the number and type
of families that will benefit
from the proposed activities
500 low to moderate income Auburn residents will benefit from the improvements.
Location Description TBD
Planned Activities Planned activities include sidewalk improvements to install missing sections or ADA-compliant curb
ramps.
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low -income and
minority concentration) where assistance will be directed
The City of Auburn intends on distributing funds throughout the jurisdiction.
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
Due to the fact that all areas of Auburn have low to moderate income families dispersed
throughout the entire City, the City intends on investing throughout the entire jurisdiction to
ensure that all populations throughout the region have access to beneficial programs and
housing opportunities.
Discussion
Due to the fact that all areas of Auburn have low to moderate income families dispersed
throughout the entire City, the City intends on investing throughout the entire jurisdiction to
ensure that all populations throughout the region have access to beneficial programs and
housing opportunities.
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AP-75 Barriers to affordable housing -91.420, 91.220(j)
Introduction
The City of Auburn will continue to work with service providers, the housing authority and residents in coordination to fully address
and develop systems and strategies to promote their efforts in providing sustainable, affordable housing.
Auburn's partnerships with organizations such as the King County Housing Authority and the Housing Development Consortium of
Seattle King County have allowed the City to explore new and in novative strategies to continue to offer affordable housing to its
current and prospective residents.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housi ng such
as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and
policies affecting the return on residential investment
The City of Auburn will continue to look at policies that remove barriers to affordable hous ing. The City of Auburn's Comprehensive
Land Use Plan includes several policies and objectives that will guide the city toward achieving its affordable and fair housing goals.
These policies include maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities. The City will
continue to pursue mixed use developments that are consistent with the transportation oriented developments located in Auburn 's
downtown. The City will look for opportunities with public and private a gencies to implement policies and offer programs that help
alleviate physical and economic distress, conserve energy resources, improve the quality and quantity of community services, and
eliminate conditions that are detrimental to health, safety and public welfare.
In 2019, the Washington State Legislature adopted House Bill 1923, which awarded grants in the amount up to $100,000 to citie s for
the purpose of increasing residential capacity. The City of Auburn partnered with five other South King County jurisdictions to
establish a sub-regional framework of existing conditions. The results of that effort are being used to inform and aid in the
development of Auburn’s own Housing Action Plan.
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Housing Action Plan efforts are focused on encouraging construction of additional affordable and market rate housing in a greater
variety of housing types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for-profit
single-family home market. The final Housing Action Plan will be required to be in compliance with state law, including adoption of
grant-funded actions by City Council no later than April 1, 2021.
In 2020 the City of Auburn passed an ordinance adopting a new chapter of Rental Housing Code. Included in this ordinance were
multiple housing stability strategies, including increased notice of rental increases, a cap on late fees, and a Just Cause E viction
Ordinance that requires landlords to have good cause in order to evict or terminate tenancy of a renter. Just Cause protections are
especially helpful in addressing fair housing issues, and this adoption was consistent with the City’s efforts related to the Analysis of
Impediments to Fair Housing Choice. This builds on previous protections passed by Auburn City Council, including Source of Income
Discrimination protections and enhanced rental inspections.
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
The City of Auburn will continue to work with service providers throughout the region in
coordination to develop systems and strategies to promote their efforts in providing optimal,
easily accessible services. The City will work to reduce the number of families in poverty,
sustain relationships with employment training agencies, and work to preserve and increase the
affordable housing stock in our community.
Actions planned to address obstacles to meeting underserved needs
By establishing a strong foundation of networks between local service providers, stakeholders
and government agencies through committees and coalitions, the City will work in partnership
to address obstacles and ameliorate barriers to meeting underserved needs. The collaborated
organizations will develop detailed strategic plans that will delegate tasks, build systems and
ongoing assessment of service delivery.
Actions planned to foster and maintain affordable housing
The City will continue to maintain the affordability of decent housing for low income Auburn
residents by allocating over $300,000 of CDBG funds to the City's Housing Repair Program. The
program provides emergency repairs necessary to maintain safe housing for at least 65 Auburn
homeowners, many of whom are senior citizens and/or are experiencing barriers to safely
accessing their homes due to physical disabilities.
In addition to Auburn's Housing Repair program, the City will maintain affordable housing by
continuing to engage and partner with coalitions, committees and other government agencies
to integrate and enhance efforts on the issue.
The City is currently developing a Housing Action Plan, as discussed in AP -75, that will help
guide future efforts in this area. Adoption of that Action Plan should take place in mid-2021.
Auburn has been participating in multiple robust regional efforts to coordinate affordable
housing activities in King County. One of these efforts, The South King Housing and
Homelessness Partners (SKHHP) is a coalition formed by an interlocal agreement between the
jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Renton, Tukwila, and King County. The agreement allows for South King County jurisdictions to
work together and share resources in order to effectively address affordable housing and
homelessness. This collaborative model is based on similar approaches used in Snohomish
County, East King County, and other areas of the country. The purpose of the coalition is to
increase the available options for South King County residents to access affordable housing and
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to preserve the existing affordable housing stock.
Additionally, the City of Auburn has been an active participant in the recently formed
Affordable Housing Committee of the Growth Management Planning Council (GMPC), with a
City Councilmember sitting on the Committee as a voting member. The Affordable Housing
Committee serves as a regional advisory body to recommend action and assess progress toward
implementing the Regional Affordable Housing Task Force (RAHTF) Five Year Action Plan. The
Committee functions as a point in coordinating and owning accountability for affordable
housing efforts across King County.
Actions planned to reduce lead-based paint hazards
The City of Auburn includes language in its CDBG contracts that require agencies to comply with
HUD Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. Sections 4831, et seq.) requiring prohibition of the use of
lead-based paint whenever CDBG funds are used. In addition, the City notifies residents of
potential lead-based paint hazards when it awards a Housing Repair grant. A copy of the
pamphlet – "Protect Your Family from Lead In Your Home" is provided each Housing Repair
client when the City conducts the initial inspection of their home.
The city takes additional measures when the age of the home indicates a possible presence of
lead-based paint. Before housing repair work commences, the city contracts with a certified
provider to undertake lead paint testing. When lead-based hazards are positively identified, the
city works with the housing repair client and contractors certified in RRP Lead Abatement to
implement the necessary mitigation and safety strategies.
Actions planned to reduce the number of poverty-level families
The City of Auburn's planned actions to reduce the number of poverty- level families within the
context of this Annual Action Plan include but are not limited to:
• Allocating $350,000 to the Housing Repair program, which serves low - and very low-
income residents and supports households to remain in safe and affordable housing.
• Allocating $75,000 to public service activities providing Homelessness Prevention and
Intervention services.
• Participate and partner with coalitions, committees and agencies that provide
antipoverty services to develop and enhance strategies and efforts to reduce poverty
level families.
• Supporting the development and sustainability of affordable multi-family housing in
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Auburn.
In addition, the city will continue to support and fund programs serving families living in
poverty through a competitive human services funding process.
Actions planned to develop institutional structure
The City's planned actions to address the gaps and weaknesses identified in the strategic plan
include:
• Maintaining partnerships with and participating in the South King County Housing and
Homelessness Partnership, the Regional Homelessness Authority of King County and
other regional human service providers, coalitions and committees who address
homeless issues. The City will also continue to work collaboratively with partnering
organizations and groups to integrate and enhance services to provide optimal services
to individuals and families currently experiencing or at risk of homelessness. In addition
the City plans to prioritize General Fund human services dollars for housing and
homelessness interventions, and allocate more than $150,000 to basic needs services
such as food, financial assistance, clothing and healthcare.
• Take a comprehensive approach to consolidated and comprehensive planning to include
all internal City departments, commissions, committees and task forces.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Auburn has heavily contributed and intends to continue cultiv ating relationships
between public and private housing and social service agencies. In addition the City will
continue to participate in collaborations with the South King County Forum on Homelessness,
the South King County Council of Human Services, Seatt le-King County Housing Development
Consortium and the King County Joint Planners Meeting.
Discussion
The expressed goal of the City's Consolidated Plan is to reduce the number of people living in
poverty within Auburn. The City intends to give funding priority to programs that in addition to
complying with federal regulations and address a priority a outlined in the Consolidated Plan
are consistent with all of the goals and objectives identified.
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Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before
the start of the next program year and that has not yet been reprogrammed
2. The amount of proceeds from section 108 loan guarantees that will be
used during the year to address the priority needs and specific objectives
identified in the grantee's strategic plan
3. The amount of surplus funds from urban renewal settlements
4. The amount of any grant funds returned to the line of credit for which the
planned use has not been included in a prior statement or plan.
5. The amount of income from float-funded activities
Total Program Income
Other CDBG Requirements
1. The amount of urgent need activities
Discussion
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 23, 2016, November 14, 2020 and
November 17, 2020 Special City Council Meeting
Date:
November 24, 2020
Department:
City Council
Attachments:
08-23-2016 Minutes
11-14-2020 Minutes
11-17-2020 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:December 7, 2020 Item Number:CA.A
Page 39 of 202
Page 40 of 202
Page 41 of 202
Special City Council Meeting
Nov ember 14, 2020 - 8:00 AM
Virtual
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 8:05 a.m.
A .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting was held virtually.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel.
Mayor Nancy Backus and the following staff member were virtually present:
Diversity, E quity and I nclusion Program Manager Brenda Goodson-Moore.
I I .D IS C US S I O N IT E M S
A .I nclusive Auburn I nitiative Training for City Council
I nclusive Auburn I nitiative Training
B ernardo Ruiz, Racing to E quity Consulting Group
Mayor Backus introduced and welcomed Bernardo Ruiz and Caitlin Hoover
from Racing to E quity Consulting Group who facilitated session three part
two and session four part one of the I nclusive Auburn training with the City
of Auburn City Council.
Council discussed racial equity, implicit bias, institutional and structural
racism, and community engagement.
I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 5:02 p.m.
A P P R O V E D this 7th day of December, 2020.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk
Page 1 of 2Page 42 of 202
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 2Page 43 of 202
Special City Council Meeting
Nov ember 17, 2020 - 4:00 P M
Virtual
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 4:01 p.m.
A .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting was held virtually.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga and Yolanda Trout-
Manuel. Councilmember Chris Stearns joined the meeting at 4:08 p.m.
Mayor Nancy Backus and the following staff member were virtually present:
Diversity, E quity and I nclusion Program Manager Brenda Goodson-Moore.
I I .D IS C US S I O N IT E M S
A .I nclusive Auburn I nitiative Training for City Council
I nclusive Auburn I nitiative Training
B ernardo Ruiz, Racing to E quity Consulting Group
Mayor Backus introduced and welcomed Bernardo Ruiz and Caitlin Hoover
from Racing to E quity Consulting Group who facilitated session four part
two of the I nclusive A uburn training with the City of A uburn City Council.
Council discussed racial equity, implicit bias, institutional and structural
racism.
I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:03 p.m.
A P P R O V E D this 7th day of December, 2020.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
Page 1 of 2Page 44 of 202
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 2Page 45 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the November 16, 2020 Regular Council Meeting
Date:
November 24, 2020
Department:
City Council
Attachments:
11-16-2020 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:December 7, 2020 Item Number:CA.B
Page 46 of 202
City Council Meeting
Nov ember 16, 2020 - 7:00 P M
Virtual
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .V I RT UAL PART IC I PAT I O N L I NK
1.Virtual P articipation L ink
T he City Council Meeting was held virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. and led
those in attendance in the Pledge of Allegiance.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel.
Mayor Nancy Backus and the following department directors and staff
members were present: Network Analyst E ric Dusoleil, Director of Human
Resources and Risk Management Candis Martinson, Director of
I nnovation and Technology David Travis, Chief of Police Dan O’Neil and
City Clerk S hawn Campbell.
The following department directors and staff members attended the
meeting virtually: Director of F inance J amie T homas, A ssistant Director of
Finance Kevin Fuhrer, City A ttorney K endra Comeau, Director of Parks
A rts and Recreation Daryl F aber, Director of P ublic Works I ngrid Gaub,
Director of Community Development J eff Tate and Assistant Director of
I nnovation and Technology A shley Riggs.
I 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 .Native American Heritage Month
Mayor Backus proclaimed the month of November 2020 as Native American Heritage
Month in the City of A uburn.
Mayor Backus proclaimed the month of November 2020 as Native
A merican Heritage Month in the City of Auburn.
Page 1 of 6Page 47 of 202
B .Mayor's Proclamation: S mall Business Saturday
Mayor Backus to proclaim November 28, 2020 as "S mall Business Saturday" in the
City of Auburn
Mayor Backus read and proclaimed November 28, 2020 as "S mall
B usiness S aturday" in the City of A uburn.
I V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V.NE W B US I NE S S
There was no new business.
V I .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
1.2021-2022 P reliminary Biennial Budget P ublic Hearing
Public Hearing #3 - 2021-2022 Biennial Budget
Mayor B ackus opened P ublic Hearing #3 - 2021-2022 B iennial
Budget at 7:08 p.m. T here were no public comments received, 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.
1.Virtual P articipation
B ob Z immerman, 33029 46th P lace S outh, Auburn
Mr. Z immerman expressed his concerns regarding training and code
compliance.
J ennifer B rannon, 2916 Auburn Way North, Auburn
Ms. B rannon expressed her concerns the safety of the children and
staff at K inderCare.
C.Correspondence
There was no correspondence for Council to review.
Page 2 of 6Page 48 of 202
V I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember Baggett, Chair of the F inance ad hoc committee, reported he and
Councilmember Stearns have reviewed the claims and payroll vouchers
described on the Consent A genda this evening and recommended their approval.
V I 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 October 12, 2020, October 26, 2020 and
November 9, 2020 S tudy S ession
B .Minutes of the October 24, 2020 S pecial City Council Meeting
C.Minutes of the November 2, 2020 Regular Council Meeting
D.Claim Vouchers (Thomas)
Claim voucher list dated November 16, 2020 which includes voucher numbers 461333
through 461530 in the amount of $5,701,692.25 and four wire transfers in the amount
of $523,327.96
E .P ayroll Vouchers (T homas)
P ayroll check numbers 538996 through 539001 in the amount of $75,221.94, and
electronic deposit transmissions in the amount of $2,161,406.23, for a grand total of
$2,236,628.17 for the period covering October 29, 2020 to November 10, 2020
F.Call for a Public Hearing for the 2021 Community
Development Block Grant Annual Action P lan
City Council to provide permission to call for a Public Hearing for the proposed 2021
A nnual A ction Plan to be held on December 7, 2020 at 7:00 p.m.
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
Page 3 of 6Page 49 of 202
X .O RD INANC E S
A .Ordinance No. 6793 (T homas)
A n Ordinance establishing the levy for regular property taxes by the City of Auburn for
collection in 2021 for general City operational purposes in the amount of $23,346,072
Deputy Mayor DaCorsi moved and Councilmember B rown seconded to
adopt Ordinance No. 6793.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Ordinance No. 6794 (T homas)
A n Ordinance adopting the 2021-2022 B iennial Operating Budget
Councilmember B rown moved and Councilmember Mulenga seconded to
adopt Ordinance No. 6794.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Ordinance No. 6796 (T homas)
A n Ordinance adopting the 2021-2022 B iennial Capital B udget
Deputy Mayor DaCorsi moved and Councilmember B aggett seconded to
adopt Ordinance No. 6796.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
D.Ordinance No. 6800 (T homas)
A n Ordinance establishing a substantial need for an increase above the rate of inflation
to the levy for regular property taxes by the City of Auburn for collection in 2021 for
general City operational purposes
Councilmember S tearns moved and Councilmember Mulenga seconded
to adopt Ordinance No. 6800.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
E .Ordinance No. 6801 (T homas)
A n Ordinance increasing the rate of tax on Water, S torm Drainage, S ewer and
Garbage/S olid Waste Utilities in the City, amending Sections 3.40.010 and 3.41.010
and repealing Sections 3.40.020, 3.41.015, and 3.41.020 of the A uburn City Code
Councilmember Mulenga moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6801.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Page 4 of 6Page 50 of 202
X I .RE S O L UT IO NS
A .Resolution No. 5561 (Gaub)
A Resolution related to the Coal Creek Springs Transmission Main Replacement
P roject; authorizing an application for the Drinking Water State Revolving Fund loan
and, if approved, acceptance and expenditure of loan proceeds
Deputy Mayor DaCorsi moved and Councilmember B rown seconded to
adopt Resolution No. 5561.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi reported that he, the other Councilmembers and
the Mayor have been attending training on diversity and equity. He also read
a statement of thanks to the City staff and the essential workers during
C O V I D-19.
Councilmember Trout-Manuel read a statement of thanks to frontline staff
and essential workers during C O V I D-19.
Councilmember B aggett read a statement thanking the Mayor and staff
during C O V I D-19.
Councilmember B rown read a statement thanking the Auburn frontline
workers during C O V I D- 19.
Councilmember Mulenga read a statement thanking the first responders
during C O V I D-19.
Councilmember J eyaraj read a statement thanking staff and essential
workers during C O V I D-19.
Councilmember S tearns read a statement thanking frontline workers in the
City of Auburn during C O V I D19.
B .From the M ayor
Mayor Backus thanked the Council and City staff for their service during the
C O V I D-19 pandemic. She encouraged everyone to shop local and take
precautions for the holiday season.
Page 5 of 6Page 51 of 202
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 7:36 p.m.
A P P R O V E D this 7th day of December, 2020.
__________________________ _________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 52 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the November 23, 2020 Study Session
Date:
December 1, 2020
Department:
City Council
Attachments:
11-23-2020 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:December 7, 2020 Item Number:CA.C
Page 53 of 202
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
Nov ember 23, 2020 - 5:30 P M
Virtual
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor DaCorsi called the meeting to order at 5:30 p.m.
I I .V I RT UA L PA RT I C I PAT I O N L I NK
A .Virtual Participation L ink
The City Council Meeting was held virtually.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel.
Mayor Nancy Backus and the following department directors and staff
members were present: Director of I nnovation and Technology David
Travis, I nnovation and Technical S upport Specialist Danika Olson, Chief of
P olice Dan O’Neil and City Clerk Shawn Campbell.
The following department directors and staff members attended the
meeting virtually: City Attorney Kendra Comeau, A ssistant City A ttorney
Doug Ruth, Director of Community Development J eff Tate, Director of
P ublic Works I ngrid Gaub, Director of Finance J amie Thomas, Right-of-
Way Specialist A mber Price, P lanner I I A lexandria Teague, Assistant
Director of Engineering S ervices J acob S weeting, Capital and
Construction E ngineering Manager Ryan Vondrak, Director of P arks, A rts
and Recreation Daryl F aber, A irport Manager Tim Mensonides, Assistant
Finance Director K evin F uhrer, S enior Planner T haniel Gouk, P lanning
S ervices Manager J eff Dixon and Assistant Director of I nnovation and
Technology A shley Riggs.
I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There were no announcements, reports or presentations.
Page 1 of 3Page 54 of 202
I V.A G E ND A MO D I F I C AT I O N
There were no modifications to the agenda.
V.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 .E ngineering Design Standards Update (Gaub)(15 Minutes)
A ssistant Director S weeting provided Council with the E ngineering Design
S tandards overview. He reviewed how the Design S tandards are
developed and amended. He reviewed the history and proposed changes
of the Downtown Urban Center Sidewalk Guidelines, the S treet Trees in
Grates, B ricked S treet Corner requirements, shared driveways and street
grades.
Council discussed the process for property owners, bike lanes, aesthetics
and safety standards of sidewalks and types of crosswalk markings.
B .Ordinance No. 6790, 6797 and 6798 (Gaub)(Tate)(25 Minutes)
Ordinances amending and repealing language of the A uburn City Code related to
updating provisions for telecommunications, cable and other utility facilities
S pecialist P rice provided Council with the proposed changes to the
Franchise Code Update. S he reviewed the history of the Washington
S tate regulations for franchise agreements, why staff is recommending the
changes and the proposed changes to City Code. She reviewed the
agency and industry review process and the individual Ordinances and
their changes to City Code. She also reviewed the proposed schedule for
updating the Auburn City Code.
C.Ordinance No. 6804 (Tate)(10 Minutes)
A n Ordinance amending the A uburn City Code relating to S chool I mpact F ees for
2021
Director Tate provided Council with Ordinance No.'s 6803, 6804, and
6807. He explained the purpose and history of the Comprehensive Plan
updates. He explained the process for an annual Compressive P lan
Update, the types of amendments including private, public and City
initiated amendments to the text and maps of the Comprehensive P lan and
the proposed changes to the Comprehensive Plan.
Council discussed the number of units per acre, mixed income
developments, developers, wetland areas, connectivity of neighborhoods
and school impact fees.
Deputy Mayor DaCorsi recessed the meeting at 7:31 p.m. and
reconvened the meeting at 7:35 p.m.
D.Ordinance No. 6803 and 6807 (Tate) (35 Minutes)
Ordinances relating to the 2020 Annual Comprehensive P lan Map and Text
A mendments
Page 2 of 3Page 55 of 202
S ee Ordinance No. 6804 for discussion.
V I .F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .Ordinance No. 6805 (T homas)(15 Minutes)
A n Ordinance amending Ordinances Nos. 6693 and 6694, the 2019-2020 Biennial
B udget Ordinances, as amended by Ordinance No. 6712, Ordinance No. 6719,
Ordinance No. 6720, Ordinance no. 6751, Ordinance No. 6752, Ordinance No. 6764,
and Ordinance No. 6783, authorizing amendment to the 2019-2020 Budget as set forth
in Schedule “A ” and S chedule “B”
Councilmember B aggett presided over this section of the meeting.
Director T homas presented Council with the final 2020 B udget
amendment. S he provided a summary of the amendment.
Council discussed the P olice K-9 and Water F und transfers.
B .3rd Quarter 2020 F inancial Report (T homas)(20 Minutes)
3rd Quarter 2020 F inancial Report
Director T homas provided Council with the 3rd Quarter 2020 F inancial
Report. She reviewed how C O V I D-19 has impacted the 2020 Budget, the
amendments to the 2020 B udget, the expenditures and revenue including
S ales Tax, Criminal J ustice S ales Tax Revenue, Motor Vehicle S ales Tax,
B uilding Permit Revenue, Culture and Recreation F ee Revenue, Utility
Taxes, A dmission Tax and governmental charges for services.
Council discussed businesses that have gone out of business in 2020.
V I I .O T HE R D I S C US S I O N I T E MS
There were no other discussion items.
V I I I .NE W B US I NE S S
There was no new business.
I X.A D J O UR NME NT
There being no further business to come before the Council, the meeting was
adjourned at 8:18 p.m. on this 7th day of December, 2020.
_______________________________ ____________________________
C L A UD E D A C O R S I , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 56 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
November 24, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim voucher list dated December 7, 2020 which includes voucher numbers 461531
through 461762 in the amount of $3,357,391.97 and seven wire transfers in the amount of
$811,660.27.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:December 7, 2020 Item Number:CA.D
Page 57 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
November 24, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539002 through 539005 in the amount of $547,469.97, electronic
deposit transmissions in the amount of $1,997,803.78, comp time cash out check numbers
539006 through 539047 in the amount of $86,138.18, and corresponding electronic deposit
transmissions in the amount of $79,859.16, f or a grand total of $2,708,271.09 for the period
covering November 11, 2020 to December 1, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:December 7, 2020 Item Number:CA.E
Page 58 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6805 (Thomas)
Date:
December 2, 2020
Department:
Finance
Attachments:
Transmittal Memo
Ordinance No. 6805
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6805.
Background Summary:
Ordinance No. 6805 (Budget Amendment #8) represents the eighth and f inal budget
amendment f or the 2019-2020 biennium and the fourth budget amendment f or 2020. For
details, see the attached transmittal memorandum and supporting materials.
Please note that one new request has been added since the November 23 Council study
session: we are requesting authority to add budget for a new King County CARES Act grant
f or the Auburn Farmers Market and for a new grant f or the Senior Center f or social
connectivity and telehealth. This item is highlighted in red in the attachments. The total
amount of these grants and the associated expenditures is $17,000.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:December 7, 2020 Item Number:ORD.A
Page 59 of 202
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: November 10, 2020
Re: Ordinance #6805 – 2019-2020 Budget Amendment #8
The City’s biennial 2019-2020 budget was approved by Council as two one-year
appropriations. Budget Amendments #1 through #4 amended the budget for calendar
year 2019 and Budget Amendments #5 through #7 amended the budget for calendar
year 2020. This amendment is the eighth budget amendment for the biennium and the
fourth and final budget amendment for calendar year 2020.
Proposed amendments to the 2020 budget are as follows:
FTE Additions: No new positions are being requested in this amendment.
Project Funding Requests. Project funding requests included in this budget
amendment add spending authority for new projects or establish additional spending
authority for existing projects. Total project funding requests total $62,000.
Project funding requests include:
• Replace hood fire suppression system at the Senior Center (Fund 505): This
amendment provides $45,000 in expenditure authority to replace the 19 year-
old hood fire suppression system based on the recommendation of the VRFA.
• Purchase new Police K-9 and related vehicle modifications (General Fund):
This amendment provides $10,000 in funding to cover the cost of a new Police
K-9 and an additional $7,000 to retrofit an existing Police vehicle for K-9 use.
Other Requests. Other requests included in this budget amendment establish
spending authority for new items such as contracts for service, account for the receipt
and expenditure of grant revenues, recognize increased revenues and associated
expenditures, and provide funding for purchases of vehicles and equipment and
transfers from operating to capital funds. Significant items in this category include:
Page 60 of 202
• Transfer budget from Water Operations to Water Capital
subfund to fund capital projects $ 1,165,400
• Refunding of 2010 B&D LTGO bonds (Funds 230, 231, and
232) 1,540,000
• Increase CARES grant funding 1,225,800
• Increase budget due to payouts resulting from voluntary lay-off
and retirements (Fund 505) 75,000
• Increase Auburn Golf Course revenue and expenditure budgets
(General Fund) 30,000
• Add budget for a new King County CARES Act grant for the
Auburn Farmers Market and for a new grant for the Senior
Center for social connectivity and telehealth (General Fund) 17,000
The following table summarizes the current and revised budget as a result of this
amendment.
Table 1: 2019 Budget as Amended
2020 Amended Budget $ 395,194,482
Budget Amendment #8 (Ord #6805) 4,030,200
2020 Budget as Amended $ 399,224,682
Attachments:
1. Proposed Ordinance #6805 (budget adjustment #8)
2. Summary of proposed 2020 budget adjustments by fund (Schedule A)
3. Summary of approved changes to adopted 2020 budget by fund (Schedule B)
Page 61 of 202
-------------------------
Ordinance No. 6805
December 2, 2020
Page 1 of 3
ORDINANCE NO. 6805
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCES NOS.
6693 AND 6694, THE 2019-2020 BIENNIAL BUDGET
ORDINANCES, AS AMENDED BY ORDINANCE NO. 6712,
ORDINANCE NO. 6719, ORDINANCE NO. 6720, ORDINANCE
NO. 6751, ORDINANCE NO. 6752, ORDINANCE NO. 6764,
AND ORDINANCE NO. 6783, AUTHORIZING AMENDMENT
TO THE CITY OF AUBURN 2019-2020 BUDGET AS SET
FORTH IN SCHEDULE “A” AND SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 3,
2018, adopted Ordinances Nos. 6693 and 6694 which adopted the City of Auburn
2019-2020 biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 1, 2019,
adopted Ordinance No. 6712 (BA#1) which amended Ordinances Nos. 6693 and
6694 which adopted the City of Auburn 2019-2020 biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of May 20, 2019,
adopted Ordinance No. 6719 (BA#2) which amended Ordinance No. 6712 which
amended the City of Auburn 2019-2020 biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of July 15, 2019,
adopted Ordinance No. 6720 (BA#3), which amended Ordinance No. 6719 which
amended the City of Auburn 2019-2020 biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of December 4,
2019, adopted Ordinances Nos. 6752 (BA#4) and 6751 (BA#5), both of which
amended Ordinance No. 6720 which amended the City of Auburn 2019-2020 biennial
budget; and
Page 62 of 202
-------------------------
Ordinance No. 6805
December 2, 2020
Page 2 of 3
WHEREAS, the Auburn City Council at its regular meeting of December 4,
2019, adopted Ordinance No. 6764 (BA#6), which amended Ordinance No. 6751
which amended the City of Auburn 2019-2020 biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of August 24, 2020,
adopted Ordinance No. 6783 (BA#7), which amended Ordinance No. 6764 which
amended the City of Auburn 2019-2020 biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2020 budget as outlined in this Ordinance (BA#8);
and
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2019-2020 Biennial Budget. The 2019-
2020 Biennial Budget of the City of Auburn is amended pursuant to Chapter
35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule “A”
attached hereto and incorporated herein by reference. The Mayor of the City of
Auburn, Washington is hereby authorized to utilize revenue and expenditure
amounts shown on said Schedule “A” and Schedule “B”. A copy of said Schedule
“A” and Schedule “B” is on file with the City Clerk and available for public
inspection.
Page 63 of 202
-------------------------
Ordinance No. 6805
December 2, 2020
Page 3 of 3
Section 2. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section, or portion of this ordinance, or the invalidity of the application
of it to any person or circumstance, will not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance will take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED:__________________
Page 64 of 202
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #8 (Ordinance #6805)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance
General Fund (#001)
2020 Adopted Budget 12,394,863 75,249,867 80,586,405 7,058,325
Previous Budget Amendments 11,246,297 (22,120) 3,523,700 7,700,477
2020 Amended Budget 23,641,160 75,227,747 84,110,105 14,758,802
BA#8 (Ordinance #6805, Proposed):- 1,272,800 1,317,800 (45,000)
Parks Department:
Increase revenue and expenditure budgets for the Auburn Golf Course - 30,000 30,000 -
New grants for the Auburn Farmers' Market and Senior Center - 17,000 17,000 -
Non-Departmental:
Replace hood fire suppression system at Senior Center - - 45,000 (45,000)
Additional CARES Act revenues and expenditures (COVID-19 related)- 1,225,800 1,225,800 -
Revised 2020 Budget - Fund 001 23,641,160 76,500,547 85,427,905 14,713,802
Drug Forfeiture Fund (#117)
2020 Adopted Budget 233,460 152,000 310,956 74,504
Previous Budget Amendments 1,044,513 - 118,500 926,013
2020 Amended Budget 1,277,973 152,000 429,456 1,000,517
BA#8 (Ordinance #6805, Proposed):- - 17,000 (17,000)
Purchase new Police K-9 and retrofit existing Police vehicle for K-9 use - - 17,000 (17,000)
Revised 2020 Budget - Fund 117 1,277,973 152,000 446,456 983,517
City Hall Annex 2010 A&B Bond Fund (#230)
2020 Adopted Budget - 1,658,400 1,658,400 -
Previous Budget Amendments 4,489 - - -
2020 Amended Budget 4,489 1,658,400 1,658,400 -
BA#8 (Ordinance #6764, Proposed):- - - -
Refunding of 2010 B&D LTGO Bonds - - - -
230.00.591.180.71 DEBT SERVICE PRINCIPAL GO BONDS (610,000)
230.00.592.180.83 DEBT SERVICE INTEREST (520,000)
230.00.597.100.55 OPERATING TRANSFER OUT 1,130,000
ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Page 1 of 3 11/25/2020 9:48 AM
Page 65 of 202
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #8 (Ordinance #6805)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Local Revitalization 2010 C&D Bond Fund (#231)
2020 Adopted Budget 11,896 575,100 574,600 12,396
Previous Budget Amendments 21,697 (500) - 21,197
2020 Amended Budget 33,593 574,600 574,600 33,593
BA#8 (Ordinance #6805, Proposed):- - - -
Refunding of 2010 B&D LTGO Bonds - - - -
231.00.591.190.71 DEBT SERVICE PRINCIPAL (255,000)
231.00.592.190.83 INTEREST (155,000)
231.00.597.100.55 OPERATING TRANSFER OUT 410,000
Revised 2020 Budget - Fund 231 33,593 574,600 574,600 33,593
2020 LGTO Refunding Bonds (2010 B&D) Fund (#232)
2020 Adopted Budget - - - -
Previous Budget Amendments - - - -
2020 Amended Budget - - - -
BA#8 (Ordinance #6764, Proposed):- 1,540,000 1,508,000 32,000
Refunding of 2010 B&D LTGO Bonds - 1,540,000 1,508,000 32,000
Revised 2020 Budget - Fund 232 - 1,540,000 1,508,000 32,000
Water Fund (#430)
2020 Adopted Budget 5,131,610 16,323,800 14,408,831 7,046,579
Previous Budget Amendments and CIP Carry-Forwards 6,781,496 17,457,321 15,516,408 8,722,409
2020 Amended Budget 11,913,106 33,781,121 29,925,239 15,768,988
BA#8 (Ordinance #6805, Proposed):- - 1,165,400 (1,165,400)
Transfer budget from Water operations to capital subfunds to fund capital projects - - 1,165,400 (1,165,400)
Revised 2020 Budget - Fund 430 11,913,106 33,781,121 31,090,639 14,603,588
Page 2 of 3 11/25/2020 9:48 AM
Page 66 of 202
Schedule A
Summary of 2020 Budget Adjustments by Fund
Budget Amendment #8 (Ordinance #6805)
2,455
Beg. Fund
Balance
2020
Revenues
2020
Expenditures
Ending Fund
Balance ERROR: Transfers In ≠ Transfers Out
ERROR: Detail ≠ Schedule A
Water Capital Fund (#460)
2020 Adopted Budget 2,562,724 2,070,200 4,282,305 350,619
Previous Budget Amendments and CIP Carry-Forwards (2,481,645) 15,114,592 12,930,648 (297,701)
2020 Amended Budget 81,079 17,184,792 17,212,953 52,918
BA#8 (Ordinance #6805, Proposed):- 1,165,400 - 1,165,400
Transfer budget from Water operations to capital subfunds to fund capital projects - 1,165,400 - 1,165,400
Revised 2020 Budget - Fund 460 81,079 18,350,192 17,212,953 1,218,318
Facilities Fund (#505)
2020 Adopted Budget 1,050,811 4,034,500 4,115,862 969,449
Previous Budget Amendments 264,685 (328,800) (119,800) 55,685
2020 Amended Budget 1,315,496 3,705,700 3,996,062 1,025,134
BA#8 (Ordinance #6805, Proposed):- 45,000 120,000 (75,000)
Replace hood fire suppression system at Senior Center - 45,000 45,000 -
Increase budget due to payouts resulting from voluntary lay-off and retirements - - 75,000 (75,000)
Revised 2020 Budget - Fund 505 1,315,496 3,750,700 4,116,062 950,134
Equipment Rental Fund (#550)
2020 Adopted Budget 2,352,641 2,075,495 2,785,735 1,642,401
Previous Budget Amendments 604,129 9,900 (121,400) 735,429
2020 Amended Budget 2,956,770 2,085,395 2,664,335 2,377,830
BA#8 (Ordinance #6805, Proposed):- 7,000 7,000 -
Purchase new Police K-9 and retrofit existing Police vehicle for K-9 use - 7,000 7,000 -
Revised 2020 Budget - Fund 550 2,956,770 2,092,395 2,671,335 2,377,830
Grand Total - All Funds
2020 Adopted Budget 108,311,321 189,050,270 199,654,274 97,707,317
Previous Budget Amendments 46,947,432 50,885,459 73,884,849 23,948,042
2020 Amended Budget 155,258,753 239,935,729 273,539,123 121,655,359
TOTAL BA#8 (Ordinance #6805, Proposed):- 4,030,200 4,135,200 (105,000)
Revised 2020 Budget 155,258,753 243,965,929 277,674,323 121,550,359
399,224,682 399,224,682
Page 3 of 3 11/25/2020 9:48 AM
Page 67 of 202
Schedule B
2020 Appropriations by Fund
Fund
2020
Adopted
Budget
BA#5
(Ord #6751)
CIP
Carry
Forwards
BA#6
(Ord #6764)
Additional
CIP
Carry
Forwards
BA#7
(Ord #6783)
BA#8
(Ord #6805)
Total
Amendments
Revised
Budget
General Fund (#001)87,644,730 4,599,174 - 1,232,350 - 5,392,653 1,272,800 12,496,977 100,141,707
Arterial Street Fund (#102)5,039,077 4,109,581 180,000 450,000 1,659,846 376,283 - 6,775,710 11,814,787
Local Street Fund (#103)2,858,880 249,701 - - 1,212,534 129,497 - 1,591,732 4,450,612
Hotel/Motel Tax Fund (#104)266,121 52,454 - - - 40,511 - 92,965 359,086
Arterial Street Preservation Fund (#105)5,202,057 (536,021) 800,000 1,606,240 861,744 813,208 - 3,545,171 8,747,228
Drug Forfeiture Fund (#117)385,460 71,297 - - - 973,216 - 1,044,513 1,429,973
Housing & Comm Develop Fund (#119)576,428 6,446 - 289,780 - 371,800 - 668,026 1,244,454
Recreation Trails Fund (#120)78,526 1,550 - - - 1,349 - 2,899 81,425
BIA Fund (#121)129,873 940 - - - 58,012 - 58,952 188,825
Cumulative Reserve Fund (#122)10,360,112 33,754 42,200 - - 75,249 - 151,203 10,511,315
Mitigation Fees Fund (#124)10,408,687 (69,211) 1,944,100 - 1,022,390 2,104,822 - 5,002,101 15,410,788
1998 GO Library Bond Fund (#229)- - - - - - - - -
City Hall Annex 2010 A&B Bond Fund (#230)1,658,400 - - - - 4,489 - 4,489 1,662,889
Local Revitalization 2010 C&D Bond Fund (#231)586,996 3,436 - - - 17,761 - 21,197 608,193
2020 LGTO Refunding Bonds (2010 B&D) Fund (#232)- - - - - - 1,540,000 1,540,000 1,540,000
SCORE Debt Service Fund (#238)2,117,000 - - - - - - - 2,117,000
LID Guarantee Fund (#249)1,688 15 - - - 6 - 21 1,709
LID 350 Fund (#275)8,759 (4,956) - - - (3,455) - (8,411) 348
Golf/Cemetery 2016 Refunding Fund (#276)376,000 19 - - - (19) - - 376,000
Parks Construction Fund (#321)955,872 120,757 1,311,800 758,050 571,043 68,013 - 2,829,663 3,785,535
Capital Improvements Fund (#328)10,284,577 362,010 5,497,000 687,050 893,431 2,043,115 - 9,482,606 19,767,183
Local Revitalization Fund (#330)- - 290,500 - 87,617 1,622 - 379,739 379,739
Water Fund (#430)21,455,410 8,307,683 3,230,666 88,000 145,821 12,466,647 - 24,238,817 45,694,227
Sewer Fund (#431)14,923,386 894,808 280,667 211,250 - (470,146) - 916,579 15,839,965
Storm Drainage Fund (#432)14,550,602 1,868,064 280,667 54,640 - 828,517 - 3,031,888 17,582,490
Sewer Metro Sub Fund (#433)21,890,667 383,462 - - - (1,568,593) - (1,185,131) 20,705,536
Solid Waste Fund (#434)21,860,569 91,608 - - - 184,018 - 275,626 22,136,195
Airport Fund (#435)1,516,440 236,582 - - - 343,255 - 579,837 2,096,277
Cemetery Fund (#436)1,451,098 261,627 - - - 296,320 - 557,947 2,009,045
Water Capital Fund (#460)4,632,924 9,187,643 3,286,000 - 2,232,083 (2,072,779) 1,165,400 13,798,347 18,431,271
Sewer Capital Fund (#461)9,799,991 249,314 436,500 - 1,782,342 1,737,210 - 4,205,366 14,005,357
Storm Drainage Capital Fund (#462)11,283,288 (1,394,955) 829,800 - 400,593 1,401,629 - 1,237,067 12,520,355
Airport Capital Fund (#465)875,305 3,028,414 - - 856,390 2,930 - 3,887,734 4,763,039
Cemetery Capital Fund (#466)35,937 (7,685) 380,400 - - 5,731 - 378,446 414,383
Insurance Fund (#501)1,791,570 4,456 - - - 135,927 - 140,383 1,931,953
Workers' Comp Fund (#503)3,743,973 (963,880) - - - 324,634 - (639,246) 3,104,727
Facilities Fund (#505)5,085,311 14,043 - 224,300 - (302,458) 45,000 (19,115) 5,066,196
Innovation & Technology Fund (#518)9,289,127 (56,838) - 195,000 - (46,938) - 91,224 9,380,351
Equipment Rental Fund (#550)4,428,136 174,775 - - - 439,254 7,000 621,029 5,049,165
Equipment Rental Capital Fund (#560)4,897,259 (267,778) 1,140,000 - 1,366,350 (129,122) - 2,109,450 7,006,709
IT Capital Fund (#568)800,697 356,536 661,527 - - 151,854 - 1,169,917 1,970,614
Fire Pension Fund (#611)2,236,249 22,922 - - - 22,370 - 45,292 2,281,541
SKHHP Fund (#654)- 334,750 - 120,000 - 127,695 - 582,445 582,445
Cemetery Endowment Fund (#701)1,874,409 56,978 55,400 - - 47,258 - 159,636 2,034,045
Total 297,361,591 31,783,475 20,647,227 5,916,660 13,092,184 26,393,345 4,030,200 101,863,091 399,224,682
Page 68 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6803 (Tate)
Date:
December 1, 2020
Department:
Community Development
Attachments:
2. Ordinance 6803 2020 CPA Amednments
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6803.
Background Summary:
At their November 4, 2020 and November 17, 2020 meetings, the Planning Commission held
public hearings, accepted public testimony, engaged in Commission deliberation, and
recommends approval of the package of 2020 Comprehensive Plan Amendments.
City staff presented the Planning Commission’s recommendation to the City Council during
the November 23, 2020 Council Study Session. City Council agreed to move the
recommendation f orward f or consideration of action at the Council’s regular meeting on
December 7, 2020.
The package of amendments include:
1. Project #’s CPA20-0001 and REZ20-0001: Applications submitted by the Auburn
School District to change the comprehensive plan land use designation and zoning
designation for a 2.19 acre parcel adjacent to Chinook Elementary school.
2. Project #’s CPA20-0002 and REZ20-0002: Applications submitted by W estport Capital
LLC to change the comprehensive plan land use designation and zoning designations
for 37.5 acres of land f rom a mix of high density (20 dwelling units per acre) and lower
density (7 dwelling units per acre) residential designations to a single moderate density
(12 dwelling units per acre). Ordinance 6807 is a companion to these amendments and
establishes development conditions under a contract rezone.
3. Project # CPA20-0003: An application submitted by the Auburn Adventist Academy to
amend Comprehensive Plan policies established under their previously approved
Special Plan.
4. Project # CPA20-0005: A series of city initiated amendments to the text and maps
Page 69 of 202
contained within the comprehensive plan which includes incorporation of all school
district capital f acility plans, the city’s capital f acilities plan, updates to the transportation
element text and maps, and updates to the transportation and land use elements in
order to implement the Auburn Airport Master Plan. Ordinance 6803 is a companion to
the school district capital facility plans and establishes the school impact fees that are
recommended to be implemented in association with the adopted plans.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:December 7, 2020 Item Numb er:ORD.B
Page 70 of 202
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Ordinance No. 6803
November 30, 2020
Page 1
ORDINANCE NO. 6803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO PLANNING;
ADOPTING 2020 ANNUAL COMPREHENSIVE PLAN MAP
AND TEXT AMENDMENTS PURSUANT TO THE PROVISIONS
OF RCW CHAPTER 36.70A AND ADOPTING
CORRESPONDING REZONES RELATED TO CERTAIN MAP
AMENDMENTS
WHEREAS, since 1986 the City of Auburn has maintained a Comprehensive Plan,
periodically updated and reaffirmed by the City Council, that includes a Map establishing
the location of the Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated
Comprehensive Plan by Ordinance No. 6584; and
WHEREAS, in May 2020 the City of Auburn published in the Seattle Times
Newspaper an advertisement that the City was accepting comprehensive plan
amendment applications and established a deadline for submittal of June 5, 2020; and
WHEREAS, the City of Auburn received and processed two private-initiated map
amendments for the year 2020 annual amendments; (Auburn School District as CPA20-
0001 and REZ20-0001, Westport Capital as CPA20-0002 and REZ20-0002); and
WHEREAS, the City of Auburn received and processed one private-initiated text
amendment for the year 2020 annual amendments; (Auburn Adventist Academy as
CPA20-0003); and
WHEREAS, the City of Auburn initiated one map amendment (File No. CPA20-
0005) and seven policy/text amendments (File No. CPA20-0005); and
WHEREAS, to maintain consistency between the city’s zoning map and its
Comprehensive Plan, both the private initiated map amendments have an associated
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Ordinance No. 6803
November 30, 2020
Page 2
rezone (zoning map amendment) to maintain consistency with the Comprehensive Plan;
and
WHEREAS, the Comprehensive Plan text/policy amendments and map
amendments were processed by the Community Development Department as proposed
Year 2020 annual amendments to the City of Auburn Comprehensive Plan; and
WHEREAS, the Growth Management Act, RCW 36.70A, requires the City to
maintain a current Capital Facilities Plan; and
WHEREAS, the environmental impacts of the proposed Year 2020
Comprehensive Plan amendments and rezones were considered in accordance with
procedures of the State Environmental Policy Act File No. SEP20-0018 (city-initiated
amendments), SEP20-0006 (Westport Capital private-initiated amendment), SEP20-
0012 (Auburn Adventist Academy private-initiated amendment), and SEP20-0013
(Auburn School District Chinook Elementary private-initiated amendment) were
determined to have no significant adverse environmental; and
WHEREAS, the proposed amendments were transmitted to the Washington State
Department of Commerce, Growth Management Services Division, and other State
agencies for the 60-day review period in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice published in the City’s official newspaper at least
ten (10) days prior to the date of the hearings, the Auburn Planning Commission on
November 4, 2020 and November 17, 2020, conducted public hearings on the proposed
amendments, heard and considered public testimony, viewed the evidence and exhibits
presented to it, and made recommendations to the City Council on the proposed Year
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--------------------------
Ordinance No. 6803
November 30, 2020
Page 3
2020 annual Comprehensive Plan map and text amendments and for certain
amendments, on the associated rezones; and
WHEREAS, on November 23, 2020, the Auburn City Council reviewed the
Planning Commission’s recommendations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Application CPA20-0003, Auburn Adventist Academy Comprehensive
Plan Policy/Text Amendment, requesting a text amendment to amend Land Use Policy
LU-135 and Academy Special Planning Area Plan Policies A.1.2 and A.1.8. is approved,
as set forth in Exhibits “B.1” and “B.2,” and the findings and conclusions outlined in the
November 15, 2020 transmittal memo to the Council, as set forth in Exhibit “A,” are
adopted.
Section 2. Application CPA20-0002, Westport Capital Comprehensive Plan Map
Amendment, requesting a land use designation change from “Multiple-Family
Residential” to “Moderate Density Residential” for three parcels totaling approximately 5.3
acres, identified by King County parcel numbers: 0004200025, 0004200019, and
0004200013, and a land use designation change from “Single-Family” to “Moderate
Density Residential” for three parcels totaling approximately 31.8 acres, identified by King
County parcel numbers: 0004200022, 0004200024, and 0004200003 is approved, as set
forth in Exhibits “C.1” and “C.2,” and the findings and conclusions outlined in the
November 15, 2020 transmittal memo to the Council as set forth in Exhibit “A,” are
adopted.
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Ordinance No. 6803
November 30, 2020
Page 4
Section 3. Application CPA20-0001 & REZ20-0001, Auburn School District,
Chinook Elementary School Comprehensive Plan Map Amendment, requesting a land
use designation change from “Multiple-Family” to “Institutional” and a rezone (zoning map
amendment) from “R-20 Residential – Twenty Dwelling Units per Acre” to “P-1 – Public
Use District” for one parcel totaling approximately 2.19 acres, identified by King County
parcel number: 2121059042 is approved, as set forth in Exhibits “D.1” and “D.2,” and the
findings and conclusions outlined in the November 15, 2020 transmittal memo to the City
Council, as set forth in Exhibit “A,” are adopted.
Section 4. The 2020 annual Comprehensive Plan city-initiated Map and Text
Amendments (CPA20-0005), as set forth in Exhibits “E.1,” “E.2,” “E.3,” “E.4,” and “E.5”
are approved. The full text of the Capital Facilities Plan of the City and the four school
district’s Capital Facilities Plans are adopted, copies of which shall be on file with the
Office of the City Clerk, and the Findings and Conclusions outlined in the November 15,
2020 staff report to City Council, as set forth in Exhibit “A,” are adopted.
Section 5. The 2020 annual Comprehensive Plan city-initiated Map and Text
Amendments (CPA20-0005) to the City of Auburn Transportation Element of the
Comprehensive Plan, as set forth in Exhibit “F,” and the findings and conclusions outlined
in the November 15, 2020 transmittal memo to the City Council, as set forth in Exhibit “A,”
are adopted.
Section 6. The 2020 annual Comprehensive Plan city-initiated Text Amendments
(CPA20-0005) to the City of Auburn Land Use Element of the Comprehensive Plan, as
set forth in Exhibit “G,” and the findings and conclusions outlined in the November 15,
2020 transmittal memo to the City Council, as set forth in Exhibit “A,” are adopted.
Page 74 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 5
Section 7. The adopted Comprehensive Plan as amended is designated as a
basis for the exercise of substantive authority under the Washington State Environmental
Policy Act by the City's responsible environmental official in accordance with RCW.
43.21C.060.
Section 8. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to include
incorporating into one document the adopted Comprehensive Plan map and text
amendments set forth in the attached Exhibits when preparing and publishing the
amended Comprehensive Plan.
Section 9. The provisions of this ordinance are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 10. This Ordinance shall take effect and be in force five days from and
after its passage, approval and publication as provided by law.
INTRODUCED: _________________________
PASSED: _____________________________
APPROVED: ___________________________
CITY OF AUBURN
Nancy Backus
MAYOR
ATTEST:
Page 75 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 6
__________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Kendra Comeau, City Attorney
Published: ______________________
Page 76 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 7
Exhibit A
November 15, 2020 staff report to the City Council for all 2020
Annual Comprehensive Plan Amendments
Page 77 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 8
Exhibit B.1
Auburn Adventist Academy Plan Amendments
Page 78 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 9
Exhibit B.2
Auburn Adventist Academy Comprehensive Plan Policy
Amendments
Page 79 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 10
Exhibit C.1
Westport Capital LLC Comprehensive Plan Map Amendments
Page 80 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 11
Exhibit C.2
Westport Capital LLC Zoning Map Amendments
Page 81 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 12
Exhibit D.1
Auburn School District Comprehensive Plan Land Use Map
Amendment
Page 82 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 13
Exhibit D.2
Auburn School District Zoning Map Amendment
Page 83 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 14
Exhibit E.1
Auburn School District Capital Facility Plan
Page 84 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 15
Exhibit E.2
Federal Way School District Capital Facility Plan
Page 85 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 16
Exhibit E.3
Kent School District Capital Facility Plan
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--------------------------
Ordinance No. 6803
November 30, 2020
Page 17
Exhibit E.4
Dieringer School District Capital Facility Plan
Page 87 of 202
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Ordinance No. 6803
November 30, 2020
Page 18
Exhibit E.5
City of Auburn Capital Facility Plan
Page 88 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 19
Exhibit F
Transportation Element
Page 89 of 202
--------------------------
Ordinance No. 6803
November 30, 2020
Page 20
Exhibit G
Land Use Element
Page 90 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6804 (Tate)
Date:
December 1, 2020
Department:
Community Development
Attachments:
Ordinance No. 6804 S chool Impact Fees
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6804.
Background Summary:
Title 19 (Impact Fees) of the Auburn City Code contains standards and regulations pertaining
to the collection of impact fees in the City of Auburn. I mpact fees are authorized by state law.
Specifically, Chapter 19.02 (School I mpact Fees) addresses the establishment, calculation,
collection and amendment of school impact f ees within the municipal boundaries of the City
of Auburn. The city originally established school impact f ees in 1998 by Ordinance No.
5078. Portions of four school districts occur within the City limits.
Pursuant to Code Section 19.02.060 (Annual Council Review) of the Auburn City Code, on at
least an annual basis, the Auburn City Council shall review the information submitted by the
Districts pursuant to ACC 19.02.050. The review shall be in conjunction with any update of
the capital facilities plan element of the city's comprehensive plan. The City Council may also
at this time determine if an adjustment to the amount of the impact f ees is necessary.
The City of Auburn Annual Comprehensive Plan Amendment process f or 2020 included
requests f or City approval of the Capital Facilities Plans of the four districts as follows:
* 2020-2026 Auburn School District Capital Facilities Plan
* 2021-2026 Dieringer School District Capital Facilities Plan
* 2021 Federal W ay School District Capital Facilities Plan
* 2020 - 2021 through 2025 - 2026 Kent School District Capital Facilities Plan.
These requests were submitted in accordance with the provisions of Section 19.02.050
(Submission of District Capital Facilities Plan and Data) of the Auburn City Code.
The School Districts’ Capital Facilities Plans are contained in the ‘working binders’ for the
2020 Annual Comprehensive Plan Amendments, which is the electronic binder presented as
Exhibit F, distributed to the City Council prior to the November 23, 2020 study session.
Page 91 of 202
Definition
The city’s code section A C C 19.02 contains the city’s regulations governing school impact
f ees. It provides the following definition:
"Impact fee" means a payment of money i mposed upon development as a condition
of development approval to pay for school facilities needed to serve new growth and
development that is reasonably related to the new devel opment that creates additional
demand and need for public facilities, that is a proportionate share of the cost of the
school facilities, and that is used for such facilities that reasonably benefit the new
development.
Scheduling of Actions
A discussion of the S chool District Capital Facilities P lans school impact f ee changes and
Ordinance No. 6804 occurred at the November 23, 2020 City Council Study Session. City
Council authorized this ordinance to move f orward f or consideration of action at the
December 7, 2020 Council meeting.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:December 7, 2020 Item Numb er:ORD.C
Page 92 of 202
- - - - - - - - - - - - - - - - - -
Ordinance No. 6804
November 30, 2020
Page 1 of 7
ORDINANCE NO. 6804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON AMENDING SECTIONS
19.02.115, 19.02.120, 19.02.130 AND 19.02.140 OF THE
AUBURN CITY CODE RELATING TO SCHOOL IMPACT
FEES
WHEREAS, the City of Auburn has adopted a school impact fee ordinance and
collects school impact fees on behalf of certain school districts located in part within the
City of Auburn; and
WHEREAS, the Auburn School District, Dieringer School District, Federal Way
School District, and the Kent School District, each being located in part within the City of
Auburn, have provided the City of Auburn with updated capital facilities plans to be
considered during the City’s 2020 annual comprehensive plan amendment process that
addresses among other things, the appropriate school impact fee for single family
residential dwellings and multi-family residential dwellings for each district; and
WHEREAS, on June 5, 2020, the Auburn School District issued a Determination
of Non-Significance for the 2020 - 2026 Auburn School District Capital Facilities Plan; on
August 3, 2020 the Dieringer School District issued a Determination of Non-Significance
for the 2021-2026 Dieringer School District Capital Facilities Plan; on June 12, 2020, the
Federal Way School District issued a Determination of Non-Significance for the 2021
Federal Way School District Capital Facilities Plan; and on June 5, 2020, the Kent School
District issued a Determination of Non-Significance for the 2020-2021 through 2025-2026
Kent School District Capital Facilities Plan; and
WHEREAS the City of Auburn issued a Determination of Non-Significance (DNS)
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Ordinance No. 6804
November 30, 2020
Page 2 of 7
on September 23, 2020 for the City of Auburn Year 2020 city-initiated comprehensive
plan map and text amendments (File No. SEP20-0018), and
WHEREAS, after proper notice published in the City’s official newspaper at least
ten (10) days prior to the date of hearing, the Auburn Planning Commission on November
17, 2020 conducted public hearings on the proposed Auburn School District 2020-2026
Capital Facilities Plan, the proposed Dieringer School District 2021-2026 Capital Facilities
Plan; the proposed Federal Way School District 2021 Capital Facilities Plan; and the
proposed Kent School District 2020-2021 through 2025-2026 Capital Facilities Plan; and
WHEREAS, following the conclusion of the public hearing on November 17, 2020,
and subsequent deliberations, the Auburn Planning Commission, following individual
positive motions, made separate recommendations to the Auburn City Council on the
approval of the Auburn School District 2020-2026 Capital Facilities Plan, the Dieringer
School District 2021-2026 Capital Facilities Plan; the Federal Way School District 2021
Capital Facilities Plan; and the Kent School District 2020-2021 through 2025-2026 Capital
Facilities Plan; and
WHEREAS, the Auburn City Council reviewed the recommendations of the Auburn
Planning Commission for the school districts’ capital facilities plans at both a regularly
scheduled study session, on November 23, 2020, and a regularly scheduled meeting, on
December 7, 2020; and
WHEREAS, on December 7, 2020, the Auburn City Council approved the Auburn
School District 2020-2026 Capital Facilities Plan, the Dieringer School District 2021-2026
Capital Facilities Plan; the Federal Way School District 2021 Capital Facilities Plan; and
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Ordinance No. 6804
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Page 3 of 7
the Kent School District 2020-2021 through 2025-2026 Capital Facilities Plan; and
WHEREAS, the Auburn City Code Chapter 19.02 provides for adjustments to
school impact fees based on a review of the capital facilities plans for each of the districts;
and
WHEREAS, on November 23, 2020 the Auburn City Council at a regularly
scheduled study session reviewed amendments to Auburn City Code Chapter 19.02
(School Impact Fees) pertaining to school impact fees for single family residential dwelling
units and multi-family dwelling units to be applied in the City of Auburn for the Auburn
School District; Dieringer School District, Federal Way School District, and the Kent
School District; respectively, based on the aforementioned capital facilities plans for each
of these districts; and
WHEREAS, Section 19.02.060 (Annual Council Review) of the Auburn City Code
specifies that in making its decision to adjust impact fees the Auburn City Council will take
into consideration the quality and completeness of the information provided in the
applicable school district capital facilities plan and may decide to enact a fee less than
the amount supported by the capital facilities plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to the City Code. Section 19.02.115 of the Auburn City
Code is amended to read as follows.
19.02.115 Impact fee calculation and schedule for the Dieringer School
District.
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Ordinance No. 6804
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The impact fee calculation and schedule below is based upon a review of
the impact fee calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Dieringer School
District Capital Facilities Plan adopted by the Auburn city council as an
element of the Auburn comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to be
funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 20202021, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $3,815.00$3,890.00
Per Multifamily Dwelling Unit $2,025.00$789.00
(Ord. 6627 § 1, 2016; Ord. 6581 § 1, 2016; Ord. 6542 § 1, 2014; Ord. 6488
§ 1, 2013; Ord. 6445 § 1, 2012; Ord. 6393 § 1, 2011; Ord. 6341 § 2, 2011;
Ord. 6340 § 1, 2010; Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134
§ 1, 2007; Ord. 6060 § 1, 2006; Ord. 5950 § 2, 2005.)
Section 2. Amendment to the City Code. Section 19.02.120 of the Auburn City
Code is amended to read as follows.
19.02.120 Impact fee calculation and schedule for the Auburn School
District.
The impact fee calculation and schedule is based upon a review of the
impact fee calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Auburn School
District’s Capital Facilities Plan adopted by the Auburn city council as an
element of the Auburn comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to be
funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 20202021, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
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Ordinance No. 6804
November 30, 2020
Page 5 of 7
Per Single-Family Dwelling Unit $6,905.31$6,456.31
Per Multifamily Dwelling Unit – Studio
$4,667.45$6,325.80
Per Multifamily Dwelling Unit – 1 Bedrooms
$6,667.45$8,325.80
Per Multifamily Dwelling Unit – 2 Bedrooms
$9,667.45$11,325.80
Per Multifamily Dwelling Unit – 3 Bedrooms
$12,667.45$14,325.80
Per Multifamily Dwelling Unit – 4 or more Bedrooms
$14,667.45$16,325.80
(Ord. 6627 § 1, 2016; Ord. 6581 § 2, 2016; Ord. 6542 § 2, 2014; Ord. 6488
§ 2, 2013; Ord. 6445 § 2, 2012; Ord. 6393 § 2, 2011; Ord. 6341 § 2, 2011;
Ord. 6340 § 2, 2010; Ord. 6279 § 2, 2009; Ord. 6214 § 2, 2008; Ord. 6134
§ 2, 2007; Ord. 6060 § 2, 2006; Ord. 5950 § 1, 2005; Ord. 5793 § 1, 2003;
Ord. 5232 § 1, 1999.)
Section 3. Amendment to the City Code. Section 19.02.130 of the Auburn City
Code is amended as follows.
19.02.130 Impact fee calculation and schedule for the Kent School District.
The impact fee calculation and schedule is based upon a review of the
impact fee and calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Kent School District’s
Capital Facilities Plan adopted by the Auburn city council as an element of
the Auburn comprehensive plan. The calculation is the determination of the
appropriate proportionate share of the costs of public school capital facilities
needed to serve new growth and development to be funded by school
impact fees based on the factors defined in ACC 19.02.020.
Effective January 1, 20202021, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $5,554.00$5,692.85
Per Multifamily Dwelling Unit $2,345.00$2,403.63
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Ordinance No. 6804
November 30, 2020
Page 6 of 7
(Ord. 6627 § 1, 2016; Ord. 6581 § 3, 2016; Ord. 6542 § 3, 2014; Ord. 6488
§ 3, 2013; Ord. 6445 § 3, 2012; Ord. 6393 § 3, 2011; Ord. 6341 § 2, 2011;
Ord. 6340 § 3, 2010; Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134
§ 3, 2007; Ord. 6060 § 3, 2006; Ord. 5950 § 1, 2005; Ord. 5233 § 1, 1999.)
Section 4. Amendment to the City Code. Section 19.02.140 of the Auburn City
Code is amended to read as follows.
19.02.140 Impact fee calculation and schedule for the Federal Way School
District.
The impact fee calculation and schedule is based upon a review of the
impact fee and calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Federal Way School
District’s Capital Facilities Plan adopted by the Auburn city council as an
element of the Auburn comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to be
funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 20202021, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $5,035.00$3,243.00
Per Multifamily Dwelling Unit $20,768.00$16,003.00
(Ord. 6627 § 1, 2016; Ord. 6581 § 4, 2016; Ord. 6542 § 4, 2014; Ord. 6488
§ 4, 2013; Ord. 6445 § 4, 2012; Ord. 6393 § 4, 2011; Ord. 6341 § 2, 2011;
Ord. 6340 § 4, 2010; Ord. 6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134
§ 4, 2007; Ord. 6060 § 4, 2006; Ord. 6042 § 1, 2006.)
Section 5. Constitutionality and Invalidity. If any section, subsection sentence,
clause, phrase or portion of this Ordinance, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity
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Ordinance No. 6804
November 30, 2020
Page 7 of 7
of the remaining portions thereof.
Section 6. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
INTRODUCED: _________________________
PASSED: _____________________________
APPROVED: ___________________________
CITY OF AUBURN
ATTEST:
_____
NANCY BACKUS, Mayor
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Published: _____________________
Page 99 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6807 (Tate)
Date:
December 1, 2020
Department:
Community Development
Attachments:
Ordinance No. 6807 Wes tport Capital LLC
Contract Rezone
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6807.
Background Summary:
This Ordinance is related to the 2020 Annual Comprehensive Plan Amendments being
adopted under Ordinance No. 6803. A separate ordinance is prepared f or this Westport
Capital LLC request, since the city’s decision is in the form of a conditional or contract rezone
(an amendment of the zoning map). Auburn City Code Section 18.68.060, ‘Contract
Rezones’ requires that it be recorded at the County offices.
The background, f indings of fact, and conclusions of law associated with this application are
available in the staf f report that was transmitted to city council for the study session on
November 23, 2020 associated with related Ordinance No. 6803.
At the November 23, 2020 Study Session, City Council authorized Ordinance 6807 to be
scheduled f or consideration at their December 7, 2020 Council meeting.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:December 7, 2020 Item Numb er:ORD.D
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Ordinance No. 6807
November 30, 2020
Page 1 of 13 Rev. 2019
ORDINANCE NO. 6807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REZONING SIX PARCELS,
APPROXIMATELY 37.1 ACRES, FROM R-20 RESIDENTIAL
AND R-7 RESIDENTIAL TO R-16, RESIDENTIAL ZONE – 16
DWELLING UNITS PER ACRE, WITH CERTAIN
CONDITIONS.
WHEREAS, on December 7, 2020 the City Council approved the associated
Comprehensive Plan amendment under City File No. CPA20-0002 to change the Land
Use Designation of approximately 37.1 acres (the “Site”, as legally described in Exhibit
A) to “Moderate Density Residential” under Ordinance No. 6803; and
WHEREAS, David Toyer with Toyer Strategic Investors, representing Rick
Hathaway with Westport Capital Investments, LLC (owner), submitted a concurrent
application to rezone the Site (REZ20-00020), consisting of six parcels, from “R-20
Residential” and “R-7 Residential” (split designation) to “R-16 Residential”; and
WHEREAS, Staff proposed to the Planning Commission that the rezone be
recommended to the City Council for approval only if certain conditions are applied
relating to maximum residential density, maximum number of apartment units, require
home ownership opportunities, right-of-way dedication, and a sewer pump station
analysis, in order to assure consistency with the City’s Comprehensive Plan; and
WHEREAS, the “R-16 Residential” zoning district properly implements the
‘Moderate Density Residential’ Comprehensive Plan land use designation; and
WHEREAS, the environmental impacts of the proposed rezone were considered
in accordance with procedures of the State Environmental Policy Act with a Determination
of Non-Significance (City File No. SEP20-0006) issued on October 19, 2020; and
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Ordinance No. 6807
November 30, 2020
Page 2 of 13 Rev. 2019
WHEREAS, proper public notice was published in the City’s official newspaper,
mailed to neighboring property owners, and posted on the subject properties at least ten
days prior to the public hearing; and
WHEREAS, November 4, 2020 the Planning Commission held a public hearing on
the rezone application and heard public testimony and took evidence and exhibits into
consideration; and
WHEREAS, the Planning Commission closed the public hearing and deliberated
on the rezone request, then made and entered findings of fact and conclusions of law in
support of the application; and
WHEREAS, the Planning Commission recommends approval of the rezone
application, subject to the conditions listed below; and
WHEREAS, the City Council concurs with the findings of fact and conclusions of
the Planning Commission; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Planning Commission’s Findings of Fact and
Conclusions of Law. The City Council adopts the findings of fact and conclusions of law
made and entered by the Planning Commission in support of the recommendation to the
City Council, as set forth in Exhibit B.
Section 2. Approval and Conditions of Approval. The City Council approves
changing the zoning designation of the Site, as described in Exhibit A, to “R-16
Residential” subject to the following conditions:
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Ordinance No. 6807
November 30, 2020
Page 3 of 13 Rev. 2019
A. The maximum density over the entire Site shall not exceed 12 units per acre (the
minimum density standard of the R-16 zone), plus or minus 10 percent (%) (density
could range from 10.8 units/acre to 13.2 units/acre).
B. The maximum number of apartment units (rental units as defined in ACC
18.04.1110) over the entire Site shall not exceed 128 units. This cap is based on
the theoretical achievable number of apartment units for the pre-existing portion of
the site zoned “R-20, Residential”. Any apartment buildings and/or units shall only
be located within the southern half of the Site. The “southern half” is defined as an
east-west line drawn at a point approximately 50 feet north of the northern
boundary of Section 6, Township 21 North, Range 5 East. Development of any
apartment units shall be done concurrently, or after, development of the housing
types listed in the following Condition C. The number of apartment units shall be
the same or less than the other housing types. For example, if an apartment
development is proposed with 100 units, at least 100 units of the other housing
types shall also be included in a concurrent development.
C. At least three types of ownership housing for the remainder of the entire Site shall
be provided, with each type of housing to represent a minimum of 15% of the
housing units. Ownership housing shall be defined as townhouses, rowhouses,
single-family detached, condominiums, multi-plexes (limited to duplex, triplex, or
fourplex), or other similar types as approved by the Director of Community
Development. For example, 15% triplex, 15% townhouses, and 70% single-family.
D. Right-of-way (ROW) shall be dedicated along with the first development proposal
on the Site, connecting, at a minimum, ‘L’ St. NE, ‘O’ Pl. NE, or ‘R’ St. NE through
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Ordinance No. 6807
November 30, 2020
Page 4 of 13 Rev. 2019
the Site to the intersection of ‘I’ St. NE and 40th St. NE, as determined by the City
Engineer. Improvements to this ROW will be as determined by the City Engineer
for conformance with the City’s Engineering Design Standards.
E. Upon any future development proposals for the Site, a sewer pump station analysis
shall be provided to the City for review and approval, the details as determined by
the City Engineer, to determine what upgrades are needed to the “Auburn 40”
sewer pump station to increase capacity to serve any development of this Site.
Section 3. Amendment to the Zoning Map. Upon this Ordinance becoming
effective, the official zoning map of the City of Auburn title “Comprehensive Zoning Map”
shall be amended to reflect this rezone.
Section 4. Recordation. Upon the passage, approval, and publication of this
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor for Parcel Nos. 000420-
0025, 000420-0019, 000420-0013, 000420-0022, 000420-0024, and 000420-0003.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 7. Exercise of Substantive Authority. The zoning map amendment is
herewith designated as a basis for the exercise of substantive authority under the
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Ordinance No. 6807
November 30, 2020
Page 5 of 13 Rev. 2019
Washington State Environmental Policy Act (SEPA) by the City’s responsible
environmental official in accordance with RCW 43.21C.060.
Section 8. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 105 of 202
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Ordinance No. 6807
November 30, 2020
Page 6 of 13 Rev. 2019
Exhibit A
Legal Description of the Site
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Ordinance No. 6807
November 30, 2020
Page 7 of 13 Rev. 2019
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Ordinance No. 6807
November 30, 2020
Page 8 of 13 Rev. 2019
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Ordinance No. 6807
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Page 9 of 13 Rev. 2019
Exhibit B
Planning Commission’s Findings of Fact and Conclusions of Law
Findings of Fact:
1. David Toyer with Toyer Strategic Investments, acting as Agent on behalf Rick Hathaway
with Westport Capital Investments, Owner, submitted applications for a Comprehensive Plan
Map Amendment and Rezone. The request is to change the Comprehensive Plan Map Land
Use Designation of 6 parcels totaling approx. 37.1 acres to “Moderate Family Residential”
from “Multi-Family” and “Single Family Residential” and associated rezone the properties to
“R-16, Residential 16 Dwelling Units per Acre (with conditions)”.
2. The proposal consists of six adjacent parcels located on the east side of ‘I’ St. NE at 40th St.
NE. King Co. Parcel Nos. King Co. Parcel Nos. 000420-0003, 000420-0013, 000420-0019,
000420-0022, 000420-0024, and 000420-0025.
3. Pursuant to Chapter 197-11 WAC and Chapter 16.06 ACC, this proposal is subject to State
Environmental Policy Act (“SEPA”) decision. A Determination of Non-Significance (“DNS”),
for the Comprehensive Plan amendment and Rezone request was issued under City File
No. SEP20-0006 on October 19, 2020; with the comment period ending on November 3,
2020 and an appeal period ending on November 17, 2020.
4. The public hearing notice was published on November 19, 2020 in the Seattle Times
newspaper, at least 10 days prior to this November 4, 2020 Planning Commission public
hearing. Public notice was also mailed to property owners within 300 feet and those
requesting said notice, posting on the City’s website, and posting at four locations on the
subject properties (on the ‘I’ St. NE frontage, and at the termini of ‘l’ St. NE, ‘O’ Pl. NE, and
‘R’ St. NE along the northern property lines).
5. This Staff Report and recommendation describes and addresses a Comprehensive Plan
map amendment and rezone request by Westport Capital Investments. The other private
initiated Comprehensive Plan amendment applications, as well as the 2020 City initiated
Comprehensive Plan Amendments are addressed in separate staff reports.
6. Two comments were submitted, summarized as follows.
a. Earl Weaver, The River Mobile Home Park – concerns about any potential flood
mitigation along with future development. Staff Response: Staff provided Mr. Weaver
with information regarding any future development will need to meet the City’s
floodplain regulations.
b. Melissa Child, ‘I’ Pl. NE Resident – concerns about impacts to the wetlands and
wildlife habitat, traffic impacts, and that the housing will just be more apartments.
Staff Response: Staff provided Ms. Child with information on the presence of
wetlands, that there will likely be traffic impacts that will need to be addressed, and
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Ordinance No. 6807
November 30, 2020
Page 10 of 13 Rev. 2019
that a condition of the Rezone would be a limit to the number of apartment units and
would require a mix of housing types.
7. Chapter 18.68 ACC (Zoning) Amendments outlines the process for submittal of privately-
initiated zoning amendments and the general processing. Per ACC 18.68.030(B)(1)(b),
when the Planning Commission is considering a rezone (zoning map amendment) which
requires a Comprehensive Plan Land Use Map amendment, the public hearings shall be
conducted concurrently and a recommendation on both shall be forwarded to the City
Council. Note that this amendment is vested to the version of Ch. 18.68 ACC that was in
place prior to the updates to this chapter earlier in 2020 (Ord. No. 6779).
8. Pursuant to RCW 36.70A.106, the proposed Comprehensive Plan amendment outlined in
this agenda bill were sent to the Washington State Dept. of Commerce and other State
agencies as required for the 60-day State review. No comments have been received from
the Dept. of Commerce or other State agencies as of the date of this report.
9. The following Staff Report and recommendation describes and addresses the
Comprehensive Plan Land Use Map amendment and Rezone request by Westport Capital
Investments.
Staff Analysis:
1. The Comprehensive Plan amendment seeks to change the Comprehensive Plan Land Use
Map Designation of a total of six parcels to “Moderate Density Residential”. Three of the
parcels (000420-0025, 000420-0019, and 000420-0013) are currently “Multiple-Family
Residential” totaling approx. 5.3 acres. The other three parcels (000420-0022, 000420-
0024, and 000420-0003) are currently “Single Family Residential” totaling approx. 31.8
acres. The three parcels total approximately 1.89 acres.
2. The Rezone request seeks to change the zoning classification of approx. 6.4 acres from “R-
20, Residential 20 Dwelling Units per Acre” and 30.7 acres from “R-7, Residential Seven
Dwelling Units per Acre” to “R-16, Residential Sixteen Dwelling Units per Acre”. Note that
the zoning boundary does not exactly align with the Comprehensive Plan Designations.
3. The Applicant has supplied narratives for the Comprehensive Plan amendment and the
Rezone request applications. At this time there is no specific construction project planned
for the property if the requests are approved.
4. Based on conversations between City Staff and the Applicant, the rezone request includes
the following proposed conditions:
a. Place a cap on the maximum density at 12 units per acre (plus or minus 10%
variation), the minimum of the R-16 zone.
b. Place a cap on the number of apartment units at 128. This cap is based off of the
existing R-20 acreage of 6.4 acres multiplied by 20 units per acre. Any future
multifamily units would be located in the southern half of the Site.
c. Require at least three types of ownership housing for the remainder of the Site
(approx. 320 units, plus or minus 10%) with each type of housing to represent a
minimum of 15% of the housing units.
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Ordinance No. 6807
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5. Based on the existing zoning classifications and acreages, a total of 128 apartment units
could be built (the R-20 zoning) and up to 215 single family units (R-7 Zoning). If the Rezone
request is approved the number of apartment units would remain at 128 and the number of
other types of housing would be up to approx. 320 units (plus or minus 10% would make the
range around 275-364 units), a potential increase of approx. 105 units (with the 10% it
would range from 60-150 units).
6. As shown in the table below and the following map, the surrounding properties have varying
degrees of development. The area to the north contains existing single-family residences
(“Monterey Park” subdivision, formerly “Auburn 40”, approved as a planned unit
development (PUD)) on small lots (~3,500 sq.-ft. lots), the property to the south is vacant
(owned by the Auburn School District), to the east is owned by King County for open space /
recreation, across ‘I’ St. NE to the west is developed commercial land, and northwest of the
Site and east of ‘I’ St. NE is three large single-family lots with existing residences as well as
3 lots zoned R-20 (“Labrador Rezone” from 2018).
7. The current Comprehensive Plan Land Use designation, zoning classification, and current
land uses of the subject properties and surrounding properties are as follows:
Comp Plan Designation Zoning Classification Existing Land Use
Site “Multiple-Family Residential”
and “Single Family Residential”
R-20, Residential
and R-7, Residential
Vacant
North “Multiple-Family Residential”
and “Single Family Residential”
PUD and R-20,
Residential
Single family homes
South “Single Family Residential” R-7, Residential Vacant
East “Single Family Residential” R-7, Residential Vacant, Green River
Trail
West “Heavy Commercial”, “Multiple
Family Residential”, and “Single
Family Residential”
C-3, Heavy
Commercial, R-7,
Residential,
and R-20, Residential
Commercial and
Manufacturing Uses,
Vacant, and Single
family homes
8. The two western-most of the six parcels front onto ‘I’ St. NE which is classified as a ‘Minor
Arterial’ street. ‘L’ St. NE, ‘O’ Pl. NE, and ‘R’ St. NE, which are all “Local” streets, all end at
the northern boundary of the site. These roadways, which were constructed along with the
development of Monterey Park, were designed to be continued into this Site; upon future
development one or all of these roadways will be extended into and through this Site. The
existing R-20-zoned areas where approved under City Ordinance No. 4299, which required
40th St. NE to be extended into the Site to the eastern boundary of the R-20-zoned area. A
condition of this Rezone will include extension of 40th through the Site to provide a
connection, or multiple connections, into the Monterey Park subdivision. This is also
required for emergency vehicle access which requires a secondary access when the
number of dwelling units reaches 30 single family units or 100 multi-family units.
9. A Traffic Impact Analysis (TIA) was prepared to analyze the difference between the existing
zoning and if the entire Site was rezoned to R-20 (which was the initial request by the
Applicant, and later revised). As there is no development proposal at this time, the TIA
looked at “worst case” scenarios of the map changes. Under this scenario the Level of
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Ordinance No. 6807
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Page 12 of 13 Rev. 2019
Service (LOS) at the intersection of ‘I’ St. NE and 40th St. NE would require intersection
improvements upon future development. What improvements will be required is not known
at this time since there is no development proposed, so a general condition will be included
with the Ordinance.
10. The Site is located within the City of Auburn water service boundaries. It is anticipated that
there will be adequate water service upon future development, with any development
responsible for extending water service to and through the Site, consistent with the Title 13
ACC and the City of Auburn Engineering Design Standards.
11. The Site is located within the City of Auburn sewer service boundaries. There is an existing
sewer pump station that was constructed along with the Monterey Park subdivision to the
north that was designed to serve this Site based on the existing zoning. A sewer pump
station capacity analysis was submitted to analyze if upgrades to the pump station would be
required if the rezone was approved, which there would be. This study was based off of the
initial request of increased units under the R-20 zone, however, is still applicable to the
revised request. What upgrades are needed to the pump station would be determined upon
any future development proposals. A condition will be included with the rezone Ordinance
addressing future upgrades.
12. A Critical Areas Memorandum was prepared and shows a wetland along the southern
border of a portion of the Site and another north/west of the Site adjacent to ‘I’ St. NE. The
Memo shows the wetland to the south as a “Category II” and the northern wetland as a
“Category III”. Upon future development a full Critical Areas Report, consistent with Ch.
16.10 ACC, will be required.
13. There is a portion of the eastern area of the Site that is shown on the FEMA Flood
Insurance Rate Maps (FIRM) as being located within the Special Flood Hazard Area (SFHA)
and the 500-Year Flood Hazard Area. Upon future development appropriate studies and
possible floodplain permits will be required, consistent with Ch. 15.68 ACC.
14. The purpose of the City’s Comprehensive Plan is to provide a policy basis for potential
zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent, as required by the following City Code provision:
“14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the comprehensive
plan. Capital budget decisions shall be made in conformity with the comprehensive plan.”
Conclusions:
Note that this application was submitted on May 7, 2020, and deemed a Complete Application
on June 4, 2020, and is therefore vested to Ch. 18.68 ACC in place prior to Ordinance No. 6779
(updates to “Zoning Code and Map Amendments”, adopted July 20, 2020).
The Applicant has requested a rezone from R-7, Residential and R-20, Residential to R-16,
Residential. Per the previously codified ACC 18.68.030(B)(1)(b) if the rezone request also
requires changes to the Comprehensive Plan, the Planning Commission shall hold a public
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Ordinance No. 6807
November 30, 2020
Page 13 of 13 Rev. 2019
hearing and make a recommendation to the City Council. Chapter 18.68 ACC contains the
intent and process for zoning code amendments, in this case a site-specific zoning map
amendment has been requested. Auburn City Code does not contain any specific rezone
criteria for City Staff to review; however, Case Law offers some rezone criteria (“A Little Bit
Pregnant: The Multi-Personalities of Site Specific Rezones - Or - A Cheat Sheet for Everything
You Need to Know about Site-Specific Rezones”, by Phil Olbrechts on mrsc.org, April 1, 2013)
as follows:
“…require that the proponents of a rezone must establish that conditions have substantially
changed since the original adoption and that the rezone must bear a substantial relationship
to the public health, safety, morals or welfare. If a rezone implements the comprehensive
plan, a showing that a change of circumstances has occurred is not required.”
With the change in City procedures by Ordinance No. 6655 to allow concurrent
recommendations by the Planning Commission on both the Comprehensive plan and zoning
map changes, the recommendations on each should be consistent and therefore does not need
to show a change in circumstances has occurred.
The requested rezone bears a substantial relationship to the public health, safety, morals and
welfare. Adequate public facilities such as water, sewer, and electricity, are capable of being
provided for the parcels upon future development and would therefore not be detrimental to
public health. The rezone itself is not anticipated to allow any uses or acts that would pose any
detrimental effects on the morals or welfare of the public. No impacts to public safety outside of
normal residential development are anticipated.
Page 113 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5544 (Gaub)
Date:
November 23, 2020
Department:
Public Works
Attachments:
Res olution No. 5544
Exhibit A - Funding Agreement
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5544.
Background Summary:
Sound Transit has allocated $1,625,000.00 f rom its System Access Fund towards the City’s
project through a competitive application and evaluation process. Resolution No. 5544
authorizes the Mayor to execute an agreement between the City of Auburn and Sound Transit
relating to the City’s Regional Growth Center Access Improvements Project. The agreement
authorized by this resolution establishes the terms of Sound Transit’s funding contribution and is
required for the City to receive the funds and proceed with the project.
T he project will make improvements to the intersections of Auburn Avenue/3rd Street NE and
Auburn Way N/4th Street NE and is included in the City’s adopted T ransportation Improvement
Plan (TIP) as project T IP R-16 (Project). Project improvements include replacing the traffic signal
at Auburn Avenue/3rd Street NE, full depth pavement re-construction at the project intersections,
additional and improved pedestrian crossings at the Auburn Avenue/3rd Street SE, and
reconfiguration of the project intersections to improve operations and reduce congestion. The
project will improve non-motorized and transit access to the Auburn Station.
City funding in the amount of $385,000.00 is needed to fully fund the Project and will be provided
by traffic impact fee revenues as shown in the approved TIP and the 2021/2022 City Budget.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:December 7, 2020 Item Numb er:RES.A
Page 114 of 202
-----------------------------
Resolution No. 5544
8/21/2020
Page 1
RESOLUTION NO. 5544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A FUNDING AGREEMENT
BETWEEN THE CITY OF AUBURN AND SOUND TRANSIT
RELATING TO THE REGIONAL GROWTH CENTER ACCESS
IMPROVEMENTS PROJECT
WHEREAS, the City of Auburn (“City”) identified the need for
improvements to the intersections of Auburn Avenue/3rd Street NE and Auburn
Way N/4th Street NE and included them in the City’s adopted Transportation
Improvement Plan (“TIP”) as project TIP R-16 (“Project”); and
WHEREAS, the Project will improve non-motorized and transit access to
the Auburn Station; and
WHEREAS, Sound Transit and the City have a joint interest in delivering
on accessibility improvements near Auburn Station; and
WHEREAS, Sound Transit selected the Project to receive funding in the
amount of $1,625,000.00 from the Sound Transit System Access Fund; and
WHEREAS, City funding in the amount of $385,000.00 is needed to fully
fund the Project and is included in the proposed 2021-2022 City Budget; and
WHEREAS, it is in the best interest of the City to use partnership and
grant monies to finance capital improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
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-----------------------------
Resolution No. 5544
8/21/2020
Page 2
Section 1. The Mayor and City Clerk are hereby authorized to execute a
a funding agreement between the City and Sound Transit, in substantial
conformity with the agreement attached, marked as Exhibit “A” and
incorporated by this reference.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures.
Dated and Signed this _____ day of _________, 2020.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Kendra Comeau,
City Attorney
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System Access Fund Project Agreement Page 1 of 25
GA 0166-20
SYSTEM ACCESS FUND PROJECT AGREEMENT
BETWEEN CITY OF AUBURN AND THE CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY FOR
ACCESS IMPROVEMENTS NEAR AUBURN STATION
GA 0166-20
This Agreement, made and entered on_________________, between the City of Auburn
(hereinafter “City”), and the Central Puget Sound Regional Transit Authority, (hereinafter "Sound
Transit");
WHEREAS, the Sound Transit 3 (“ST3”) high capacity transit system expansion plan was
approved by the voters in November 2016 and includes a $100 million System Access Program to
“fund such projects as safe sidewalks and protected bike lanes, shared use paths, improved bus-
rail integration, and new pick-up and drop-off areas that provide convenient access so that more
people can use Sound Transit services;”
WHEREAS, Sound Transit opened the System Access Fund 2019 Call for Projects in February
2019 and subsequently evaluated applications from local governments against evaluation criteria
identified by the Sound Transit Executive Committee;
WHEREAS, at the conclusion of the public comment period and online open house in August
2019, the Sound Transit Board of Directors approved 30 applications from 27 local governments
on September 26, 2019;
WHEREAS, Sound Transit and the City have a joint interest in delivering on accessibility
improvements near Auburn Station, (hereinafter the “Project”), which was duly approved by the
Sound Transit Board as part of the System Access Program by virtue of M2019-97;
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances
contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as
follows:
1.GENERAL
1.1. Purpose. The intent of this Agreement is to establish the terms and conditions for the eligible
work to be performed for the Project during the duration of this Agreement. Attached hereto
as Exhibit A, is the Scope of Work and Deliverables, which outlines the activities, products
and general capital improvements eligible for funding by Sound Transit, as presented to Sound
Transit in the City’s application for Project funding. Funds may be expended on eligible
elements listed in Exhibit A up to the not to exceed amount outlined in Section 1.2 below.
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1.2. Agreement Not-to-Exceed Amount. The total amount of the Agreement shall not exceed
$1,625,000.00. No payments will be made in excess of the established not-to-exceed amount
according to the Project Description outlined in Section 2.1 below.
The funding amount provided by Sound Transit does not include federal funding.
2.PROJECT DESCRIPTION
2.1. The Project is access improvements near the Auburn Station as identified in Exhibit A, Scope
of Work and Deliverables. Sound Transit funding will support two Phases:
2.1.1. Design Phase. The City will design the access improvements. The Design Phase is
expected to require $325,000.00 of the total Not-to-Exceed amount noted in Section
1.2. Any work in the Design Phase exceeding $325,000.00 must be approved by
Sound Transit. To be reimbursed for the Design Phase, the City must provide the
following: 1) Exhibit B, Project Funding Plan; 2) Exhibit C, Funding Certification
Letter for the Design Phase, 3) Exhibit D, Project Schedule, 4) Exhibit E, Engineer’s
Estimate.
2.1.2. Construction Phase. The City will construct the Project. To be reimbursed for the
Construction Phase, the City must provide the following: 1) completed design plans
for Sound Transit review, 2) updated Exhibit B, Project Funding Plan; 2) Exhibit F,
Funding Certification Letter for the Construction Phase; 3) updated Exhibit D,
Project Schedule; 4) Exhibit G, Environmental Review Certification; 5) Exhibit H,
ROW Certification; 6) updated Exhibit E, Engineer’s Estimate
3.PROJECT MANAGEMENT
3.1. Designated Representatives. The City and Sound Transit have designated formal points of
coordination for this Agreement. The Designated Representatives shall communicate
regularly to discuss the status of the tasks to be performed, to identify upcoming decisions
related to the Project, to provide any information or input necessary to inform those
decisions, and to resolve any issues or disputes related to the Project consistent with this
Agreement.
The Designated Representatives are:
CITY
Ryan Vondrak
Capital and Construction Eng. Mgr.
25 West Main Street
Auburn, WA 98001
253-931-3086
rvondrak@auburnwa.gov
SOUND TRANSIT
Alex Krieg
Deputy Director, Planning & Integration
401 S Jackson St
Seattle WA 98104
206-903-7663
Alex.Krieg@soundtransit.org
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GA 0166-20
The Parties may change designated representatives by written notice to the other Party during
the term of the Agreement.
3.2. Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound
Transit’s Designated Representative to include the below elements (Exhibit I: Template for
Reporting Requirements). The report may include supporting documentation (photos, City
documentation, financial information, etc.).
3.2.1. Project Update. Status of major activities including, Phase 1-Design and Phase 2-
Construction, in the reporting period, both current and upcoming.
3.2.2. Assessment of on-going risks. The City will notify Sound Transit of any issues that
may affect the Project Schedule and overall implementation of the Project.
3.2.3. Project Funding. Summary of expenditures during reporting period, and expected
expenditures in the subsequent reporting period.
3.3. Eligible Costs. Eligible costs include actual costs identified in Exhibit A, Scope of Work and
Deliverables.
3.4. Additional Project Funding. The Not-to-Exceed funding amount in Paragraph 1.2 represents
approximately eighty percent (80%) of the total Project cost. The City is responsible for
obtaining the balance of the Project funding described in the Funding Plan attached as Exhibit
B.
3.5. Project Schedule. The parties agree to the project schedule identified in Exhibit D, Project
Schedule. The City shall complete all work and deliverables of the Project by one year after
the expected project completion date shown in Exhibit D, Project Schedule, unless otherwise
mutually agreed in writing by both Parties. The City is responsible for notifying Sound Transit
of any material changes to the Project Schedule and rationale for the change in writing as part
of its quarterly reporting requirements.
3.6. City Work. The City is solely responsible for the environmental review, design, permitting,
construction, project and construction management of all applicable Project elements
including, but not limited to, procurement and construction administration. The City is
responsible for all costs relating to the operations or maintenance of service and capital
improvements related to the Project upon its completion. The City will be the owner of the
completed Project. Sound Transit is not responsible for funding any service operations or for
maintenance of any improvements implemented under this Agreement.
3.7. Signage. Any identification signage that is used during the Project shall identify Sound Transit
as a funding partner.
3.8. Design Review. The City shall provide Sound Transit the opportunity to review design plans
at milestones identified in Exhibit D, Project Schedule.
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GA 0166-20
3.9. Project Closeout. Before payment of the final invoice, the City and Sound Transit will meet
to ensure final deliverables are complete per Exhibit A, Scope of Work and Deliverables.
4.INVOICING
4.1. The City will submit quarterly invoices and supporting documentation that align with the
Scope of Work and Deliverables for payment (See Exhibit J, Invoice Template). The
invoices must include the Sound Transit purchase order number provided by Sound Transit.
4.2. The City will submit its invoices with the required documentation, in two .pdf files, via email
to accountspayable@soundtransit.org (and carbon copying Sound Transit’s Designated
Representative). Invoices will be paid within thirty (30) calendar days of Sound Transit’s
receipt of the invoice and acceptable and complete supporting documentation.
4.3. The City agrees that within forty-five (45) calendar days of the City’s acceptance of work for
each Phase to submit a final (closing) invoice for that phase.
4.4. If Sound Transit determines that an invoice lacks sufficient documentation to support
payment, Sound Transit will notify the City of its determination and request that the City
provide additional documentation. Sound Transit may withhold payment of the invoice until
supporting documentation is provided, however such approval shall not be unreasonably
withheld.
5.TERM, SUSPENSION, AND TERMINATION
5.1. Term. This Agreement shall take effect upon the last date of signature by the Parties as set
forth below. This Agreement shall remain in effect until 180 consecutive days following
Project completion, unless extended by mutual written agreement of the Parties, superseded
by a future agreement, or suspended or terminated in accordance with this Section 5.
5.2. Termination by Sound Transit. Sound Transit may terminate this Agreement by written notice
under the following circumstances:
5.2.1. If work as defined in Exhibit A is not completed by one year after the expected project
completion date shown in Exhibit D, Project Schedule, unless otherwise agreed to by
the Parties.
5.2.2. If the City fails to make progress towards completing the Project and the City has not
provided adequate assurances of its desire or ability to complete the Project and
commence operations.
5.2.3. Force Majeure. The provisions of this Section 5.2 shall not apply to the extent that
the City’s failure complete the work or to make progress toward its completion is due
to circumstances beyond the City’s control, including, but not limited to: inclement
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GA 0166-20
weather, acts of war, fire, ransomware attack or cyberattack, earthquake, flood, act of
God, strikes, work stoppages, or other labor disturbances, inability to procure labor,
equipment, facilities, materials or supplies in the open market, failure of
transportation, riots or civil commotions, litigation, war or other act of any foreign
nation, power of government, or governmental agency or authority, or vandalism.
Upon removal or termination of the Force Majeure Event, the City party shall
promptly perform the affected obligations in an orderly and expedited manner. The
City shall use all commercially reasonable efforts to eliminate or minimize any delay
caused by a Force Majeure Event contemplated by this paragraph 5.2.3.
If the Agreement is terminated under this Section 5.2, the City shall reimburse Sound Transit
the full amount of all payments it made to the City under this Agreement within ninety (90)
calendar days of the date of termination. The City may ask for an extension of time to
complete the Project for good cause. Sound Transit’s agreement to extend the completion will
not be unreasonably withheld.
5.3. Termination by Either Party. Either Party may terminate this Agreement for cause in the event
that the other Party fails to fulfill its material obligations under this Agreement in a timely
manner or breaches any material provision of this Agreement and the Dispute Resolution
Process has failed to reach resolution within the timelines described therein. The Party wishing
to terminate this Agreement for cause will provide the other Party with written notice of its
intent to terminate and will give the other Party an opportunity to correct the failure to perform
or breach within thirty (30) calendar days of the notice or within such longer period as may
be necessary in the event that correction cannot reasonably be accomplished within thirty (30)
calendar days. If the failure or breach is not corrected or cured, this Agreement may be
terminated by the aggrieved Party by giving ninety (90) calendar days’ notice to the other
Party.
5.4. Except as provided in this Section, a termination by either Party will not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any
costs incurred prior to proper notification of termination will be borne by the Parties in
accordance with the terms of this Agreement.
6.INDEMNITY
6.1. To the maximum extent permitted by law, the City will hold harmless from, and indemnify
and defend Sound Transit (including its board members, officers, directors and employees)
(the “Indemnified Parties”) from and against any and all claims, demands, losses, lawsuits,
actions, or liability of any kind or nature, arising out of or relating to the City’s design,
construction, maintenance or operation of the Project, including claims by the City’s
employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR
ACTIONS BROUGHT BY THE CITY’S OWN EMPLOYEES OR FORMER
EMPLOYEES AGAINST ANY INDEMNIFIED PARTY, AND FOR THAT PURPOSE
THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON
LIABILITY UNDER THE WORKERS COMPENSATION ACT, RCW TITLE 51, OR
ANY INDUSTRIAL INSURANCE ACT, DISABILITY BENEFIT ACT OR OTHER
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GA 0166-20
EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD
OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS
INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON
THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS
PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS’
COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS
LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY
ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION.
PROVIDED, HOWEVER, THE CITY’S WAIVER OF IMMUNITY BY THE
PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST
THE CITY BY SOUND TRANSIT, AND DOES NOT INCLUDE, OR EXTEND TO,
ANY CLAIMS BY THE CITY’S EMPLOYEE(S) DIRECTLY AGAINST THE CITY.
The foregoing indemnity applies only to the extent of the City’s negligence.
6.2. The City further agrees to assume the defense of the Indemnified Parties with legal counsel
acceptable to Sound Transit, whose acceptance shall not be unreasonably withheld. In all legal
or claim proceedings arising out of, in connection with, or incidental to the City’s work or that
of its contractors, subcontractors of any tier, suppliers, consultants and sub-consultants. The
City shall pay all defense expenses, including attorney’s fees, expert fees, and costs incurred
directly or indirectly on account of such litigation or claims, and shall satisfy any judgment
rendered in connection therewith. The City may settle any suit, claim, action cost, loss penalty
or damages, subject to the approval of Sound Transit, whose approval shall not be
unreasonably withheld, if such settlement completely and forever extinguishes any and all
liability of the Indemnified Parties. In the event of litigation between the Parties hereto to
enforce the rights under this provision, reasonable attorney fees shall be allowed to the
prevailing party.
6.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise
in relation to this Agreement, and each Party will fully indemnify and hold the other Party, its
officers, agents and employees harmless from any tax liability owed by the other Party arising
from or related to the transactions set forth herein, including, but not limited to, any taxes,
penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying
Party and further including all attorneys’ fees and costs incurred in response to any claims or
assessments by any tax authority against indemnifying Party, its officers, agents and
employees.
6.4. The obligations in this Section will survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or
completion.
7.AUDITS
7.1. Each Party will maintain accounts and records, including contract and financial records that
sufficiently and properly reflect all direct and indirect costs of any nature expended for work
performed under this Agreement so as to ensure proper accounting for all monies paid to the
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GA 0166-20
City by Sound Transit. These records will be maintained for a period of six (6) years after
termination or expiration of this Agreement unless permission to destroy the records is granted
by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties.
7.2. The City will make all Project records available for Sound Transit inspection upon prior
written reasonable request. Audits may be performed by Sound Transit or its independent
public accountants to ensure compliance with and enforcement of this Agreement. Should the
audit determine that funds from Sound Transit have been used for expenses that were
ineligible, then Sound Transit shall provide a copy of the auditor’s determination to the City.
If the City agrees with the determination, then the City will reimburse Sound Transit the
amounts found to have been ineligible. If the City disputes the auditor’s determination, then
the matter shall be referred to the Dispute Resolution Process set forth in Section 9.
8.INSURANCE
8.1. Coverage. During the construction phase of any eligible elements within the Project, the
City shall provide primary insurance coverage in the amounts that it deems necessary for
construction projects of similar size and cost. If the City is self-insured, it shall provide to
Sound Transit's risk manager a certificate of self-insurance. The City shall require their
contractor(s) and sub-contractors to obtain and maintain insurance in amounts and types
suitable to protect Sound Transit and the City from exposures presented by the work
performed under this Agreement. The minimum insurance requirements during the entire
term of this Agreement are set forth below:
a) Commercial General Liability in the amount of two million dollars ($2,000,000) each
occurrence limit, two million dollars ($2,000,000) general aggregate limit, covering bodily
injury including death, personal injury, property damage, Employers' Liability and
contractual coverage endorsements, and utilize insurers and coverage forms acceptable to
Sound Transit.
b) Commercial Auto Liability coverage for bodily injury and property damage utilizing
insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million
dollars ($1,000,000) combined single limit.
c) Worker's Compensation insurance coverage, where applicable, shall comply with State of
Washington Labor and Industries requirements.
d) Builders Risk coverage will be the responsibility of all contractors and subcontractors.
e) Pollution Liability (if there is any potential environmental liability exposure) in the
amount of one million dollars ($1,000,000) each occurrence and two million dollars
($2,000,000) aggregate.
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GA 0166-20
f) Professional Liability (if there is a potential professional liability exposure) in the amount
of one million dollars ($1,000,000) per claim.
8.2. Certificates. With the exception of self-insurance, certificates of insurance must name
Sound Transit as an "Additional Insured," and shall reference the number and title of this
Agreement. All insurance coverage obtained by the City or its contractors and
subcontractors must name Sound Transit, its officers and employees as "additional
insured's" and contain "severability of interest" (cross liability) provisions. The City’s and
the contractor's insurance policies shall be primary to and not contributing with any
insurance or self-insurance that may be carried by Sound Transit and waive their right of
Subrogation against Sound Transit. Certificates of Insurance, including the Additional
Insured Endorsements, Waiver of Subrogation Endorsements and Primary and Non-
Contributory Endorsements, will be provided to Sound Transit before the start of any work
performed under this Agreement.
9.DISPUTE RESOLUTION
9.1. Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section 9. The Parties agree that
neither Party may take or join any action in any judicial or administrative forum to challenge
the other Party’s performance under this Agreement until the dispute resolution process in this
Section 9 has been exhausted.
9.2. The Parties agree that cooperation and communication are essential to resolving issues
efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources
of conflict at the lowest level possible.
9.3. Either Party may refer a dispute to the dispute resolution process by providing written notice
of such referral to the other Party’s Designated Representative. The Parties agree to use their
best efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
a.Level One - Sound Transit’s Designated Representative and the City’s Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely
manner. If they cannot resolve the dispute within fourteen (14) calendar days after
referral of that dispute to Level One, either party may refer the dispute to Level Two.
b.Level Two - Sound Transit’s Project Director of Planning & Integration, Office of
Planning & Innovation and the City’s Engineer shall meet to discuss and attempt to
resolve the dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) calendar days after referral of that dispute to Level Two, either Party
may refer the dispute to Level Three.
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c.Level Three - Sound Transit’s Executive Director, Office of Planning & Innovation,
or Designee and the City’s Public Works Director or Designee shall meet to discuss
and attempt to resolve the dispute in a timely manner.
9.4. In the event the dispute is not resolved at Level Three within fourteen (14) calendar days after
referral of that dispute to Level Three, the Parties are free to file suit, seek any available legal
remedy, or agree to alternative dispute resolution methods such as mediation. At all times
prior to resolution of the dispute, the Parties shall continue to perform any undisputed
obligations and make any undisputed required payments under this Agreement in the same
manner and under the same terms as existed prior to the dispute. Notwithstanding anything in
this Agreement to the contrary, neither Party has any obligation to participate in mediation or
any other form of alternative dispute resolution following completion of Level Three of the
process described herein. A Party may decline to participate in such proceeding for any reason
or no reason.
10.LEGAL PROVISIONS
10.1. Warranties. By execution of this Agreement, both Parties warrant that they have the full
right and authority to enter into and perform this Agreement, and that by entering into or
performing this Agreement, they are not in violation of any law, regulation, or agreement;
and that the execution, delivery and performance of the Agreement has been duly authorized
by all requisite corporate action, and that the signatories hereto, which have signed on each
Parties behalf, are authorized to sign this Agreement.
10.2. No waiver. Neither Party will be relieved of its obligations to comply promptly with any
provision of this Agreement by reason of any failure by the other Party to enforce prompt
compliance, and such failure to enforce will not constitute a waiver of rights or acquiescence
in the other Party’s conduct.
10.3. Costs. Each Party will be responsible for its own costs, including legal fees, incurred in
negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties.
If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay
all its legal costs and attorney’s fees and expenses incurred in defending or bringing such
claim or lawsuit, including all appeals, in addition to any other recovery or award provided
by law; however, nothing in this paragraph will be construed to limit the Parties’ rights to
indemnification.
10.4. Public Records. Each Party shall be responsible for its own public records and public
records requests.
10.5. Notices. All notices required under this Agreement must be in writing and addressed to the
Designated Representative. All notices must be either: (i) delivered in person, (ii) deposited
postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same-day courier service that obtains
receipts, or (iv) delivered electronically to the other Party’s Designated Representative.
Page 125 of 202
System Access Fund Project Agreement Page 10 of 25
GA 0166-20
However, notice under Section 5, termination, must be delivered in person or by certified
mail, return receipt requested.
10.6. The parties may not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement; provided, however, that approvals or consents required to
be given by vote of the Sound Transit Board or the City Council are recognized to be
legislative actions. The parties will take further actions and execute further documents,
either jointly or within their respective powers and authority, to implement the intent of this
Agreement. The City and Sound Transit will work cooperatively with each other to achieve
the mutually agreeable goals as set forth in this Agreement.
10.7. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in
this Agreement, the reference to “days” shall mean calendar days unless otherwise noted.
Any reference to “working days” shall exclude any legal holidays and weekend days. If any
time for action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
10.8. No joint venture or partnership is formed as a result of this Agreement. No employees,
agents or subcontractors of one Party shall be deemed, or represent themselves to be,
employees of any other Party.
10.9. This Agreement has been reviewed and revised by legal counsel for both Parties and no
presumption or rule that ambiguity shall be construed against the Party drafting the
document applies to the interpretation or enforcement of this Agreement. The Parties intend
this Agreement to be interpreted to the full extent authorized by applicable law.
10.10. This Agreement may be executed in several counterparts, each of which shall be deemed
an original, and all counterparts together shall constitute but one and the same instrument.
10.11. Severability. In case any term of this Agreement is held invalid, illegal, or unenforceable
in whole or in part, by a court of law, the Parties will reform the agreement to satisfy the
original intent of the Parties.
Page 126 of 202
System Access Fund Project Agreement Page 11 of 25
GA 0166-20
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its
authorized representative affix her/his name in the appropriate space below:
SOUND TRANSIT
By:
Kimberly Farley, Deputy CEO
Date:
CITY
By:
Date:
Approved as to form:
By:
Sound Transit Legal Counsel
Approved as to form:
By:
City Legal Counsel
Exhibit List:
Exhibit A: Scope of Work and Deliverables
Exhibit B: Project Funding Plan
Exhibit C: Funding Certification Letter for Design Phase
Exhibit D: Project Schedule
Exhibit E: Engineer’s Estimate
Exhibit F: Funding Certification Letter for Construction Phase
Exhibit G: Environmental Review Certification
Exhibit H: ROW Certification
Exhibit I: Template for Reporting Requirements
Exhibit J: Invoice Form
Page 127 of 202
System Access Fund Project Agreement Page 12 of 25
GA 0166-20
Exhibit A: Scope of Work and Deliverables
The scope of work includes the design, permitting, right-of-way acquisition, and construction of
the following improvements to the intersections of Auburn Avenue/3rd Street NE, Auburn
Avenue/4th Street NE, and Auburn Way North/4th Street NE:
Full replacement of full traffic signal system at Auburn Avenue/3rd Street NE
Replacement of traffic signal system components at Auburn Avenue/4th Street NE
Full-depth pavement replacement on Auburn Avenue from 3rd Street NE to 4th Street NE
and on 4th Street NE from Auburn Avenue to Auburn Way North
Addition of turn lane from northbound Auburn Avenue to westbound 3rd Street NE
Addition of pedestrian crossing of 3rd Street NE on the west side of Auburn Avenue
Traffic signal operations improvements
Street lighting improvements
Deliverables (City to Sound Transit):
Preliminary Engineer’s Estimate (Exhibit E)
Environmental Certification (Exhibit G)
ROW Certification (Exhibit H)
Project Reporting (Exhibit I)
Invoices (Exhibit J)
Deliverables (Internal to the City, Subject to Change):
Preliminary Design and Estimate
30%, 60%, 90%, 100% Plans, Specifications, and Estimate
Final Plans, Specifications, and Estimate
Project As-Builts
Page 128 of 202
System Access Fund Project Agreement Page 13 of 25
GA 0166-20
Exhibit B: Project Funding Plan
The attached TIP sheet shows the local funding sources allocated to the PE, ROW, and
construction phases of the project.
Page 129 of 202
City of Auburn Transportation Improvement ProgramRoadway Projects Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: Regional Growth Center Access ImprovementsSTIP# AUB-N/AProject No:TBDProject Type:CapacityProject Manager:TBDLOS Corridor ID# 2Activity:2020 YEFunding Sources:Prior to 2020Estimate202120222023202420252026Beyond 2026Total Project CostUnrestricted Street Revenue- - - - - - - - - - Secured Grant (Sound Transit)- - 325,000 - 1,300,000 - - - - 1,625,000 Traffic Impact Fees- - 85,000 100,000 200,000 - - - - 385,000 Other- - - - - - - - - - Total Funding Sources:- - 410,000 100,000 1,500,000 - - - - 2,010,000 Capital Expenditures:Design- - 410,000 - - - - - - 410,000 Right of Way- - - 100,000 - - - - - 100,000 Construction- - - -1,500,000 - - - - 1,500,000 Total Expenditures:- - 410,000 100,000 1,500,000 - - - - 2,010,000 TIP# R-16Description:The project will construct a northbound left-turn lane and a northbound/southbound crosswalk at the 3rd Street NE/Auburn Avenue intersection, and realign the 4th Street NE/Auburn Way N intersection to eliminate the split phase signal operation improving circulation and access. The project will improve traffic operations, safety, and circulation for both vehicles and non-motorized users.Progress Summary:Grant funding for the design and construction phases was awarded from Sound Transit in 2019.Future Impact on Operating Budget:The annual maintenance cost for this project is estimated to be $500.BudgetForecast Project CostsPage 14 of 25 Page 130 of 202
System Access Fund Project Agreement Page 15 of 25
GA 0166-20
Exhibit C: Funding Certification Letter for Design Phase
The attached letter certifies local funding for the Design Phase of the project.
Page 131 of 202
ENG-163-ELH, Revised 12/19
September 16, 2020
Alex Krieg
Sound Transit
401 S Jackson Street
Seattle, WA 98104
RE: Auburn Regional Growth Center – Funding Certification for PE and ROW Phases
Dear Alex:
The purpose of this letter is to confirm that the City of Auburn passed Resolution 5527 that
adopts the 2021-2026 Transportation Improvement Program (TIP). The TIP allocates
local funding to the PE and ROW phases of the Regional Growth Center Access
Improvements project. The local funds for the PE and ROW phases of the project have
been committed from the City’s Traffic Impact Fee fund in 2021 and 2022.
Sincerely,
Jacob Sweeting
City Engineer
Public Works Department
cc: Electronic Distribution Only
Page 16 of 25
Page 132 of 202
System Access Fund Project Agreement Page 17 of 25
GA 0166-20
Exhibit D: Project Schedule
Start PE Phase – 1/2021
PE Phase Complete – 12/2022
SEPA Complete – 12/2021
Start ROW Phase – 5/2021
ROW Plan and Funding Estimate – 8/2021
ROW Acquisition – 8/2021 – 8/2022
ROW Certification – 9/2022
PSE Approval – 1/2023
Project Ad – 2/2023
Construction Complete – 12-2023
Note: Schedule assumes a 12-month duration ROW Acquisition Phase. If ROW phase duration is
less than 12-months, project design completion, advertisement, and construction completion
dates may be advanced.
Page 133 of 202
System Access Fund Project Agreement Page 18 of 25
GA 0166-20
Exhibit E: Engineer’s Estimate
The Engineer’s Estimate for the project is included as an attachment.
Page 134 of 202
Planning Level Estimate
3rd St NW/NE Improvements
Estimate By: James Webb 4/11/2019
Construction Items Est. Amount
Mobilization 105,125$
Survey and Potholing 4,063$
Traffic Control 133,438$
Earthwork 74,063$
Paving 178,406$
Other Utility Adjustments 17,625$
TESC 22,425$
Curb, Gutter, Sidewalk and Driveways 142,844$
Channelization 9,563$
Permanent Signing 3,125$
Illumination 34,375$
Traffic Signal System 359,375$
Property Restoration 31,250$
Roadside Cleanup 6,250$
Construction Contract Subtotal 1,121,925$
Construction Contingency (20%)220,000$
Construction Total 1,341,925$
Right-of-Way Units Quantity Unit Price Extension
Right-of-Way - Partial Acquisitions SF 1519 $17 25,823$
Add for assumed TCE and/or Impacted Improvements (25%)6,456$
Right-of-Way Subtotal 32,279$
Right-of-Way Contingency 10,000$
Cost to Acquire Parcel 5 $12,000 60,000$
Right-of-Way Phase Total:92,279$
Engineering
Engineering - City Costs (Preliminary design and PS&E)85,000$
Engineering - Consultant Costs (Preliminary design and PS&E)325,000$
Engineering - City Costs (Construction)75,000$
Engineering - Consultant Costs (Construction)25,000$
Preliminary Engineering (PE) Phase Total 510,000$
ESTIMATED PROJECT TOTAL:$1,944,204
Project Assumptions:
1. Projects add the following - Northbound left turn lane from Auburn Ave, a pedestrian crossing on the west leg of Auburn
Ave and 3rd St, Improves turning radii resulting in partial ROW acquisitions on 5 parcels, add vehicle detection, a new traffic
signal at Auburn Ave and 3rd, and LED lighting.
2. LED lighting added to 5 existing luminaires. No new luminaire poles are needed beyond what would be included with a new
traffic signal
3. No City utility work is necessary beyond raising existing utilities
4.The pavement restoration is full depth throughout the project limits and NOT a grind and overlay
5. Estimate is based on a 45 day construction time
6. Project limits is less than 1 acre and so no stormwater permit is necessary
7. Minimum requirements 1-5 will be completed to meet ecology
8. It is not feasible to do any LID techniques to meet stormwater requirements as a result of full depth pavement
Page 19 of 25 Page 135 of 202
System Access Fund Project Agreement Page 20 of 25
GA 0166-20
Exhibit F: Funding Certification Letter for Construction Phase
The attached letter certifies local funding for the Construction Phase of the project.
Page 136 of 202
ENG-163-ELH, Revised 12/19
September 16, 2020
Alex Krieg
Sound Transit
401 S Jackson Street
Seattle, WA 98104
RE: Auburn Regional Growth Center – Funding Certification for Construction Phase
Dear Alex:
The purpose of this letter is to confirm that the City of Auburn passed Resolution 5527 that
adopts the 2021-2026 Transportation Improvement Program (TIP). The TIP allocates
local funding to the construction phase of the Regional Growth Center Access
Improvements project. The local funds for the construction phase of the project have been
committed from the City’s Traffic Impact Fee fund in 2023.
Sincerely,
Jacob Sweeting
City Engineer
Public Works Department
cc: Electronic Distribution Only
Page 21 of 25
Page 137 of 202
System Access Fund Project Agreement Page 22 of 25
GA 0166-20
Exhibit G: Environmental Review Certification
The City of _Auburn_____, as lead agency for purposes of the State Environmental Policy Act
(SEPA), hereby certifies that the proposal described herein has undergone environmental review
in accordance with all applicable SEPA rules pursuant to Chapter 197-11 Washington
Administrative Code.
The City of _Auburn_____ has completed the following project-level environmental review
documentation and submitted to Sound Transit for review:
☐Letter of exemption from SEPA pursuant to WAC 197-11-800
☐SEPA Environmental Checklist/Determination of Non-significance (DNS) or Mitigated DNS
☐Environmental Impact Statement
☐SEPA Addendum
☐Other: ________________________________________________________
Signature of Authorized Local Government SEPA Responsible Official
Sound Transit’s office of Environmental Affairs and Sustainability has reviewed the provided
documents checked above and authorizes the following:
☐Payment for construction (Design and Construction Agreements)
☐Environmental approval to execute agreement for construction of project (Construction Only
Agreement)
Signature of Corridor Environmental Manager
Page 138 of 202
System Access Fund Project Agreement Page 23 of 25
GA 0166-20
Exhibit H: ROW Certification
If it is determined that a ROW phase is required during the PE phase of the project, the City will
provide ROW certification for the project. Based on the preliminary project schedule provided in
Exhibit D, this is anticipated to be completed during 1/2023.
Page 139 of 202
System Access Fund Project Agreement Page 24 of 25
GA 0166-20
Exhibit I: Template for Reporting Requirements
ACCESS IMPROVEMENTS NEAR AUBURN STATION
PROJECT REPORT
GA 0166-20
Reporting Period: _______________
Submitted By:___________________
1.Project Update. Status of major activities in the reporting period, both current and upcoming.
2.Assessment of on-going risks. The City will notify Sound Transit of any issues that may affect
the Project Schedule and overall implementation of the Project.
3.Summary of expenditures during reporting period. Summary of expenditures during
reporting period, and expected expenditures in the subsequent reporting period.
Page 140 of 202
System Access Fund Project Agreement Page 25 of 25
GA 0166-20
Exhibit J: Sound Transit Invoice Form
Invoice No. _____ Dated: _________
TO: accountspayable@soundtransit.org
Attention: Accounts Payable and Alex Krieg
Re: ACCESS IMPROVEMENTS NEAR AUBURN STATION
GA 0166-20, System Access Fund Project
The City’s authorized representative certifies that Sound Transit’s pro rata share of costs under
this invoice is $_______, and is due and payable to the City in accordance with the provisions of
the Agreement, and is supported by the attached invoice and supporting documentation. [Identify
the elements(s), and the amounts by element, for which the amount due applies]
The City makes the following representations and warranties to Sound Transit in connection with
the Invoice:
All work performed to date has been, unless otherwise specifically stated by the City,
performed in accordance with the terms and conditions of this Agreement.
The amount specified above has been computed in accordance with, and is due and payable
under, the terms and conditions of the Agreement, has not been the subject of any previous
invoice (unless disputed or rejected for payment) and is not the subject of any pending
invoice from the City.
Any liability of Sound Transit arising from these representations and warranties are governed by
the terms and conditions of the Agreement.
City
By: __________________________________ Date: _________________
Page 141 of 202
666.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet666.7333.30
1:4,000
Auburn Pedestrian Access and Circulation Improvements
1in =333 ft
3/5/2019Printed 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 142 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5564 (Hinman)
Date:
December 2, 2020
Department:
Administration
Attachments:
Resolution No. 5564
Normandy Amended Exhibit A
Amended Leas e Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5564.
Background Summary:
I n 2019, the Auburn Municipal Airport entered a f ive-year airport property lease with
Normandy Aircraft following Council’s approval of the negotiated lease terms between the
parties in Resolution No. 5458. After further negotiations, the parties now seek to amend the
lease to reduce the square footage that Normandy leases from the Airport and Normandy’s
corresponding rent obligation to the City. The negotiated amendment between the parties will
also call f or other technical rent and cost adjustments provided for in the lease.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:December 7, 2020 Item Numb er:RES.B
Page 143 of 202
--------------------------------
Resolution No. 5564
November 25, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
AMEND A LEASE BETWEEN THE CITY OF AUBURN
AIRPORT AND NORMANDY AIRCRAFT
WHEREAS, in 2019 the Auburn Municipal Airport (“Airport”) and Normandy Aircraft
(Normandy) negotiated a five (5) year lease of certain Airport property;
WHEREAS, by Resolution No. 5458, the City Council approved a term sheet for
the negotiations, and the parties thereafter entered a lease consistent with the ir
negotiations and the Council’s Resolution;
WHEREAS, after further negotiations, the parties now desire to amend the lease
to reduce the square footage Normandy leases from the Airport and Normandy’s
corresponding rental obligation to the City, and to make other technical rent and cost
adjustments called for in the lease;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to sign Amendment No. 1 to the lease
between the Airport and Normandy, which Amendment (and its exhibits) is attached as
Exhibit A to this Resolution;
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Page 144 of 202
--------------------------------
Resolution No. 5564
November 25, 2020
Page 2 of 2 Rev. 2019
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 145 of 202
RESOLUTION 5564 EXHIBIT A
Administration Building
Normandy
Amended to removed from previous Normandy premises
Common Area KitchenPage 146 of 202
RESOLUTION 5564 EXHIBIT A
AMENDMENT NO. 1
CITY OF AUBURN AND
NORMANDY AIRCRAFT AIRPORT LEASE AGREEMENT
THIS AMENDMENT is made and entered into by and between the City of Auburn (City),
and Normandy Aircraft (Normandy) (collectively the Parties), as the 1st Amendment to the Parties’
December 26, 2019 Airport Lease Agreement (Lease).
I. RECITALS:
1. In the Parties’ December 26, 2019 Lease, the City leased certain Auburn
Municipal Airport (Airport) real property to Normandy.
2. Paragraph 20.9 of the Lease contemplates mutually agreed amendments to the
Lease between the Parties.
3. The Parties desire to amend the Lease to change the Airport property being leased
by Normandy, and to adjust Normandy’s corresponding rental obligation in Article 3 of the
Lease to reflect these changes and the CPI adjustment to rent called for in Paragraph 3.2 of the
Lease.
II. 1st AMENDMENTS TO DECEMBER 26, 2019 LEASE:
In consideration of the mutual promises contained in this Amendment and the Lease, the
Parties agree to the following Lease amendments, to take effect on and after January 1, 2021:
A. Paragraph 1.1 of the Lease is amended to read:
1.1) For and in consideration of the rent and performance by Lessee of the terms
and conditions and the mutual covenants in this Lease, Lessor agrees to lease to
Lessee, and Lessee agrees to lease the following property from Lessor:
• , 782 672 square feet in the Airport Administration building located at 2143
E Street NE, Suite 2, Auburn, WA 98002, which includes the . Lessees
exclusive office space includes: Back East Room and its, Bathroom, but
does not include Instruction 1 Room. This square footage in the Back East
Room and Instr. 1, (collectively, the "Improvements") is depicted and
incorporated into this Lease as Exhibit A (Amended); and,
• together with 19,000 square feet of land legally described and incorporated
into this Lease as Exhibit B-1, and depicted and incorporated as Exhibits
B-2 and B-3 (Exhibits A (Amended), B-1, B-2, and B-3 collectively referred
to as the "Premises"); and , which Premises consist of approximately 19,782
combined square feet of office and land.
Page 147 of 202
RESOLUTION 5564 EXHIBIT A
• Hangar F-17 and Storage Unit #50 on Airport Property.
This Leased Propertye Premises are is situated in the County of King, State of
Washington, located at the Auburn Municipal Airport (the "Airport").
B. Paragraph 1.4 of the Lease is amended to read:
1.4) Common Areas - Certain areas totaling 707 square feet located within the
Airport Administration building are defined as ''Common Areas" and are
depicted in Exhibit A (Amended). , tThese areas include: the front lobby (190
sqft;), corridors (242 sqft), public restrooms (l46 sqft), storage closet (41 sqft),
kitchen area (77 sqft) and coat closet (11 sqft). At commencement of this Lease
common areas are assessed a maintenance and use fee of $14.3400 per square
foot per year. Lessees are charged a percentage of this fee that corresponds to
their the total per square foot maintenance and use fee in accordance with each
Lessees percentage of the total leased space, excluding the common areas.
Normandy's percentage of total leased space within the Airport Administration
building is 32.79649%, so their common area maintenance and use fee shall be
38% and shall therefore be assessed $5.34 $4.70 per square foot, per year for the
common area maintenance and use, but subject to the revisions in Article 3.
Maintenance items included for the common areas shall include but not be limited
to: Maintenance of common areas including paint, carpet, wall repair, ceilings,
light fixtures, bulb replacement, bathroom supplies and toiletries, kitchen area
maintenance and janitorial services of the common areas. Adjustments for
assessment charged for the common area shall be adjusted based upon the annual CPI
adjustment and in the same manner outlined in Section 3.2
C. Paragraph 3.1 of the Lease is amended to read:
3.1) Rent and fees/charges - Lessee agrees to pay rent, fees and charges to the
Lessor as follows: an annual base rent of
• $14.3400 per square foot, per year for the 672 square feet of leased
space in the Airport Administration building; and
• $5,184.00/year for Hangar F-17 and Storage Unit #50; and
• $0.8425 per square foot, per year for the 19,000 square feet of lease
property described in Exhibit B-1; and
Page 148 of 202
RESOLUTION 5564 EXHIBIT A
• A $240/year security fee.
Lessee’s annual rent for these items totals $31,115.48. From this total, Lessor
agrees to subtract $4,800 per year in consideration of Lessee’s performance of
those “additional services” described and incorporated by Reference as Exhibit
C. This “service credit” reduces Lessee’s annual rent to $26,315.48. If at any
time Lessee ceases to provide all, or a portion of the Additional Services
described in Exhibit C Lessee will become responsible for all or a proportionate
share of the reduced rent amount from that date onward.
Lessee’s apron space. Lessee shall also pay a Common Area Maintenance and
Usage fee is of $4.70 per square foot, per year5.34 (32.79649% 38% of the
total assessed charge of $14.34 00 per square foot rent charge listed above), per
year for the Common Areas) per square foot, per year as Lessee’s their portion of
the Leased Premises Common Areas , all together described in Section 1.1 and
legally described and depicted in Exhibits A (Amended), B 1, B-2 and B-3.
Lessee’s annual Common Area Maintenance and Usage fee is $3,322,90.
Lessee shall pay a 12.84% leasehold excise tax imposed by RCW 82.29A. This
tax shall be applied to the total rent, fees and charges listed above in this
Paragraph 3.1.
Lessee agrees to pay any "Impositions," including taxes, improvements, levies,
assessments, licenses, permit fees and any other charges lienable to the
Premises and any of its Improvements.
In exchange and in consideration for those "Additional Services" described and
incorporated by reference as Exhibit C, Lessor credits to Lessee the current
base rent value for Instr. 1 in the Administration Building, Lessees share of the
common area maintenance and usage fee and the Leasehold Excise Tax value
charged on the credited rental amounts. If at any time Lessee ceases to provide all,
or a portion of the Additional Services described in Exhibit C Lessee will
become responsible for all or a proportionate share of the credited fees from that
date onward.
Beginning at commencement of this Lease, subject to those adjustments and
fees in Section 3.2 and 3.3 and in consideration and delivery of the Additional
Services described in Exhibit C, Lessee shall pay to Lessor upon commencement
an annual base rent of $25,323.00. In addition to the Annual Base Rent, Lessee
shall pay any "Impositions," which shall include all taxes, improvements, levies,
assessments, licenses, permit fees and otherwise charged against and lienable to
the Premises and any of its Improvements. This shall expressly include statutory
leasehold excise tax imposed by RCW Chapter 82.29A. At commencement all
Page 149 of 202
RESOLUTION 5564 EXHIBIT A
Annual Base Rent and Impositions (together "Rent") shall be paid Lessee shall
pay the above charges as rent to Lessor in equal monthly installments of
$2,787.00 $2,381.21 at the office of the Airport Manager or at such other office
as may be directed in writing by the City, without notice, demand, offset,
abatement or deduction of any kind. Rent shall be due on the 1st day of each month
in advance.
D. Exhibit A of the Lease shall be replaced by the Exhibit A (Amended) attachment
to this Amendment, and Exhibit A (Amended) shall be incorporated by reference into the Lease
from the date of this Amendment forward.
E. Remaining Terms Unchanged. All other provisions of the Original Lease,
including all exhibits, attachments and incorporated pages, shall remain unchanged, and in full
force and effect.
Dated: _______________________
CITY OF AUBURN
AUBURN MUNICIPAL AIRPORT
Nancy Backus, Mayor
Date
Dated: ____________________________
NORMANDY AIRCRAFT
By
Title ______
APPROVED AS TO FORM:
Harry Boesche
Senior City Staff Attorney
Page 150 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5560 (Hinman)
Date:
November 23, 2020
Department:
Administration
Attachments:
Res olution No. 5560
400 Building Terms
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5560.
Background Summary:
Classic Helicopter Corp. is an existing airport tenant leasing on a month to month basis, a
single small of f ice within the Airport Administration building along with a single tie down.
An existing lease for the modular building located at the Airport, commonly referred to as the “400
Building” is set to expire on 12/31/2020. Classic Helicopter Corp. is interested in leasing the 400
Building and seven (7) tie downs for their aircraft rental, flight instruction and scenic tours
business on a long term basis.
Leasing the 400 Building will not only allow Classic to grow their operations, but it will also secure
their tenancy for the long term and improve operations at the airport by moving their rotorcraft to a
less trafficked area of the airport where they will have decreased rotor wash exposure to other
aircraft operating at the airport.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:December 7, 2020 Item Numb er:RES.C
Page 151 of 202
--------------------------------
Resolution No. 5560
November 5, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO AN AIRPORT
LEASE AND AUTHORIZING THE MAYOR TO NEGOTIATE
AND EXECUTE AN AIRPORT OFFICE AND TIE DOWN
LEASE WITH CLASSIC HELICOPTER CORP.
WHEREAS, The Auburn Municipal Airport has office space and aircraft tie downs
available for lease to private airport-related businesses; and
WHEREAS, Classic Helicopter Corp currently leases on a month to month basis,
a small office within the Airport Administration building and a single tie down on the field,
authorized by Resolution 5489; and
WHEREAS, an existing lease for the Airport modular building located at 400 23rd
Street NE, commonly referred to as the “400 building” is set to expire on December 31,
2020; and
WHEREAS, following the expiration of the existing lease, Classic Helicopter Corp;
is interested in leasing the 400 building and seven (7) tie down spaces for their aircraft
rental, flight instruction and scenic tours business on a long term basis; and
WHEREAS, the public, the Airport and airport customers benefit from having
Classic Helicopter Corp., located on the airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to negotiate and execute a lease between
the City of Auburn and Classic Helicopter Corp., which shall be in substantial conformity
with the attached “Term Sheet”.
Page 152 of 202
--------------------------------
Resolution No. 5560
November 5, 2020
Page 2 of 2 Rev. 2019
Section 2. The Mayor is authorized to amend this lease to increase the number
of tie downs at an additional expense should Classic Helicopter Corp. express the desire
to do so, and additional tie downs are available.
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 153 of 202
K�UTYOFB*URN**========== _J-\J Nancy Backus, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
Classic Helicopter terms for the 400 building at the Auburn Airport
September 1, 2020
Classic Helicopter Corporation
Attn: Dan Dolan
Premises:
Term(s):
Base Rental Rate:
Security Fee &
Leasehold Tax:
Term Sheet
Rental Adjustments:
400 23rd St NE - Commonly referred to as the "400 building" together
with non-exclusive use of the parking lot located to the east of the
building.
Seven (7) tie-downs depicted in attached Exhibit A.
Tenant is taking the Premises As-is, where-is.
Three (3) year initial term, commencing on January 1, 2021
Two (2) consecutive three year option terms
$1,550.00 per month.
A monthly security fee in the amount of $10.00 will be charged in
addition to the Base Rental Rate as part of your gross rent obligations.
A State mandated Leasehold Tax in the amount of 12.84% will be
charged to the gross monthly rental payments.
Lease rate during the initial term will be subject to annual rental
adjustments based on CPI-W from August to August of the previous
year with a maximum increase not to exceed 5%. A negative CPI
adjustment will not constitute a reduction in the rental rate. The first
rental adjustment to be assessed beginning January 1st , 2022.
Landlord and Tenant shall negotiate in good faith a new rental rate for
each option term(s) the parties enter into. At no time will the base rent
for the option term be less than the then current rental rate.
AUBURN* MORE THAN YOU IMAGINED
Page 154 of 202
Atrb URN
WASHINGTON
Maintenance
Responsibilities:
[Jtilities:
Uses:
Auburn City Council:
Nancy Backus, Mayor
25 West Main Street + Auburn WA 98001-4998 * wu,rw.auburnwa.gov * 253-93'1 -3000
Lessor, at their own cost and expense will be responsible for
maintaining the foundations, adjacent sidewalks, exterior walls,
windows, roof, gutters and downspouts, unless damage is caused by
negligence on behalf of the Lessee in which case Lessee shall be
responsible for repair at their own expense and in a timely manner.
Lessor at their own cost and expense is responsible for the care and
maintenance of all Airport perimeter fencing and Airport accesses
gates (vehicular & pedestrian), with the exception of the doorbell and
remote notification and access system that opens pedestrian gate
adjacent the 400 building which shall be the responsibilify of the
Lessee.
Lessee, at their own cost and expense will be responsible for all
interior repairs and maintenance of the 400 building including, but not
limited to: interior walls, floors, electrical located within the 400
building, plumbing and plumbing fixtures located within the 400
building, heating and air conditioning equipment, unless damage is
caused by negligence on behalfofLessor.
Lessee is also responsible for maintaining the doorbell and remote
notification & access system only that opens the pedestrian access gate
adjacent the 400 building.
Lessee is solely responsible for securing, maintaining and expense of
their own janitorial.
Lessee shall be responsible for establishing direct accounts with the
City of Auburn and any other public or private providers of utilities as
appropriate. Such utilities shall include but not be limited to: power,
water, sewer, storm, garbage, phone & internet.
Aircraft rental, Flight instruction & Helicopter tours.
The terms contained within are subject to the ratification of the Auburn
City Council. If approved both parties will take reasonable steps to
execute a formal lease based in substantial conformity to the terms
contained within this term sheet.
AUnUnN x MoRE rHAN You TMAGTNED
,
Page 155 of 202
WASH I NGTON
Nancy Backus, Mayor
25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
ISIGNATURES ON FOLLOWING PAGEJ
Each party by signing below acknowledges and agrees to the terms as setforth above
Landlord
Signature;;Signature:
printName: b.r; J,l r D.,l,",.,
r*: Prc{ic.! e,tf-Title:
Print Name:
AUnUnN x MoRE rHAN You TMAGTNED
Ul/os/ Arro
Page 156 of 202
CLASSIC HELICOPTER TERM SHEETNBXHIBIT A!Page 157 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5562 (Hinman)
Date:
December 2, 2020
Department:
Administration
Attachments:
Resolution No. 5562
SpanaFlight Terms
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5562.
Background Summary:
SpanaFlight LLC is an existing Airport tenant with a commercial lease expiring 12/31/2020.
They are one of the premier f light training schools in the region and were recently awarded
the contract to be Green River College’s preferred flight training school. This new lease,
beginning January 1, 2021, would secure SpanaFlight LLC as an Airport tenant for the next
several years.
This lease is for a different location on the airport from their previous, which will help improve
airport operations.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:December 7, 2020 Item Numb er:RES.D
Page 158 of 202
----------------------------
Resolution No. 5562
November 9, 2020
Page 1 of 2
RESOLUTION NO. 5562
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO NEGOTIATE AND EXECUTE, ON BEHALF OF THE
CITY, AN AIRPORT PROPERTY LEASE WITH
SPANAFLIGHT LLC
WHEREAS, The Auburn Municipal Airport has office space, land and aircraft toe
downs available for lease to private airport-related businesses; and
WHEREAS, SpanaFlight LLC’s existing airport lease is set to expire on
December 31, 2020; and
WHEREAS, SpanaFlight LLC desires to remain a tenant on the airport and the
City also desires for SpanaFlight LLC to remain a tenant on the airport; and
WHEREAS, to improve operations on the airport the City and SpanaFlight will
enter into a new lease immediately following the expiration of the now existing lease.
The new lease being at a new location on the airport;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to negotiate and execute a lease between the
City of Auburn and SpanaFlight LLC, which shall be in substantial conformity with the
attached “Term Sheet”.
Section 2. The Mayor is authorized to negotiate for the increase or decrease
the Premises leased in order to accommodate the future needs and desires of the
Airport and/or Tenant.
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Page 159 of 202
----------------------------
Resolution No. 5562
November 9, 2020
Page 2 of 2
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 160 of 202
Page 161 of 202
Page 162 of 202
Page 163 of 202
Exhibit A
SpanaFlight Premises in the Airport Administration Building
Subject to a successful amendment of the Normandy Aircraft lease
Page 164 of 202
EXHIBIT B
Land Lease Area
Page 165 of 202
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5571 (Thomas)
Date:
December 2, 2020
Department:
Finance
Attachments:
Resolution No. 5571
AFB - Daytime Res ource Center
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5571.
Background Summary:
Since mid-2018, the City of Auburn began a partnership with the Auburn Food Bank to
provide daytime services (Ray of Hope) to unsheltered individuals. Since this time, the need
f or services to unsheltered individuals has continued to expand and increase signif icantly.
Both the Auburn Food Bank and the City wishes to continue to provide daytime services to
unsheltered individuals on the Valley Cities-owned properties within the City of Auburn
(collectively “Valley Cities Property”) through the use of a temporary modular building until the
Auburn Food Bank is able to move to the Auburn Consolidated Resource Center. The
resources provided will include connecting unsheltered individuals with resources to
ultimately help get them into permanent housing. This contract and Resolution No. 5571 are
to formalize the City’s relationship and establish the contract amount for services for 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:December 7, 2020 Item Number:RES.E
Page 166 of 202
--------------------------------
Resolution No. 5571
December 1, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5571
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE AUBURN
FOOD BANK’S OPERATION OF THE DAYTIME
RESOURCE CENTER AND AUTHORIZING THE MAYOR
TO NEGOTIATE, ADMINISTER, AND EXECUTE AN
AGREEMENT WITH THE AUBURN FOOD BANK
WHEREAS, the City of Auburn, along with all of western Washington, is
experiencing unprecedented numbers of individuals experiencing homelessness or are
at high-risk for experiencing homelessness; and
WHEREAS, the Auburn Food Bank is a volunteer directed organization that
provides food, referrals, resources, support, and assistance to unsheltered individuals
within the City of Auburn and the surrounding community; and
WHEREAS, the Auburn Food Bank has provided and wishes to continue to provide
daytime services to unsheltered individuals on the Valley Cities-owned properties within
the City of Auburn (collectively “Valley Cities Property”) through the use of a temporary
modular building until the Auburn Food Bank is able to move to the Auburn Consolidated
Resource Center; and
WHEREAS, the City has leased and located a temporary modular building on the
undeveloped Valley Cities Property for the purpose of a daytime resource center operated
by the Auburn Food Bank until the Auburn Food Bank is able to move to the Auburn
Consolidated Resource Center; and
WHEREAS, the City of Auburn has provided funds to the Auburn Food Bank for
the operation of the daytime resource center for the duration of 2020; and
Page 167 of 202
--------------------------------
Resolution No. 5571
December 1, 2020
Page 2 of 2 Rev. 2019
WHEREAS, the City has determined that this Agreement provides the necessary
support of the poor and infirm in the community; and
WHEREAS, the public and the City benefit from the services provided by the
Auburn Food Bank.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to negotiate, administer, and execute an
Agreement between the City of Auburn and the Auburn Food Bank, which shall be in
substantial conformity with the attached “Agreement”.
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:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 168 of 202
AGREEMENT
Between
The City of Auburn
and
The Auburn Food Bank
For Operation of the Daytime Resource Center
This Agreement (“Agreement”) is entered into on this ___ day of ____________, 2020, by
and between the City of Auburn, a municipal corporation organized under Title 35A of the Revised
Code of Washington (the “City”), and the Auburn Food Bank, a Washington public benefit
corporation (the “Provider” and collectively “the Parties”).
RECITALS:
1. The City of Auburn, along with all of western Washington, is experiencing
unprecedented numbers of individuals experiencing homelessness or are at high-risk for
experiencing homelessness; and
2. The Auburn Food Bank is a volunteer directed organization that provides food,
referrals, resources, support, and assistance to unsheltered individuals within the City of Auburn
and the surrounding community; and
3. The Auburn Food Bank has provided and wishes to continue to provide daytime
services to unsheltered individuals on the Valley Cities-owned properties within the City of
Auburn (collectively “Valley Cities Property”) through the use of a temporary modular building
until the Auburn Food Bank is able to move to the Auburn Consolidated Resource Center; and
4. The City will lease and locate a temporary modular building on the undeveloped
Valley Cities Property for the purpose of a daytime resource center operated by the Auburn Food
Bank until the Auburn Food Bank is able to move to the Auburn Consolidated Resource Center;
and
5. The City of Auburn will provide funds to the Auburn Food Bank for the operation
of the daytime resource center; and
6. The Parties expressly intend all provisions of the Agreement to apply in full force
and effect for the duration of January 1, 2020 through December 31, 2020; and
7. The City has determined that this Agreement provides the necessary support of the
poor and infirm in the community.
AGREEMENT:
In consideration of the mutual promises set out in this Agreement, the Auburn Food Bank
and the City agree as follows:
Page 169 of 202
1. Term of Agreement.
The Parties expressly intend for the term of this Agreement to be January 1, 2020 through
December 31, 2020, the date of signatures on this Agreement notwithstanding. The Auburn
Food Bank agrees to remove all personal property promptly from the temporary modular
building leased by the City by December 23, 2020.
2. Scope of Services.
The Provider agrees to perform in a good and professional manner the tasks described in
Exhibit “A.” The Provider will perform the services as an independent contractor and will
not be deemed, by virtue of this Agreement and the performance of, to have entered into any
partnership, joint venture, or other relationship with the City.
3. Provider Representations.
The Auburn Food Bank 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. The Auburn Food Bank is prohibited from making any program
services, resources, assistance, or sheltering conditional on clients participating in any sort of
religious activity. No funding provided through the City may be used to support or engage in
any explicitly religious activities, including activities that involve overt religious content such
as worship, religious instruction, or proselytization. The Auburn Food Bank agrees to
cooperate and coordinate with the City, its employees, contractors, and agents for the purpose
of maintaining and repairing the temporary modular building while that building is in use. The
Auburn Food Bank agrees to cooperate and coordinate with the City, its employees,
contractors, and agents under the Auburn Consolidated Resource Center lease upon the lease
effective date.
4. City Obligations.
The City agrees to lease, permit, and install a temporary modular building and utilities to
provide a space for the operation of a daytime service facility by the Auburn Food Bank on the
Valley Cities’ property within the City of Auburn during the term frame in Section 1, above.
The City agree to lease the Auburn Consolidated Resource Center and to offer a lease to the
Auburn Food Bank for the duration of this Agreement, provided that the Auburn Food Bank
complies with all required lease conditions.
5. Compensation.
As compensation for the Provider’s performance of the services provided for in this
Agreement, the City has paid the Provider the fees and costs specified in Exhibit “B”. This
compensation has been and shall be used for work performed or services rendered and for all
labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to complete
the work. Copies of original supporting documents shall be supplied to the City upon request.
Compensation to be paid the Provider in succeeding years after the current year will be
contingent upon availability of funds.
Page 170 of 202
6. Parties Obligations to Keep Building in Good Repair Consistent with Lease and Valid
Temporary Use Permit.
In addition to the Parties’ obligations as otherwise described in this Agreement and the Scope
of Services, Exhibit A, the Parties agree to not use or store any hazardous, toxic, radioactive
or bio-hazardous substances or petroleum products in the temporary modular building. The
Parties agree that the temporary modular building will not be occupied by any person other
than the Parties, their agents, employees, and invites or used for residential or dormitory
purposes. The Parties will follow all applicable conditions in the Temporary Use Permit,
Exhibit C.
7. Insurance.
The Provider shall procure and maintain for the duration of the Agreement, January 1, 2020
through December 31, 2020, 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 Provider, its agents, representatives, or employees.
A. No Limitation
The Provider’s maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such insurance, or
otherwise limit the City’s recourse to any remedy available at law or in equity.
B. Minimum Scope of Insurance
The Provider shall obtain insurance of the types and coverage described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA
00 01.
2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop-gap
independent contractors and personal injury and advertising injury. The City shall be
named as an additional insured under the Provider’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 endorsement form CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Provider’s profession.
C. Minimum Amounts of Insurance
The Provider shall maintain the following insurance limits:
Page 171 of 202
Page 4 of 20
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per
claim and $2,000,000 policy aggregate limit.
D. Other Insurance Provision
The Provider’s Automobile Liability and Commercial General Liability insurance policies
are to contain, or be endorsed to contain that they shall be primary insurance as respect the
City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Provider’s insurance and shall not contribute with it.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
F. Verification of Coverage
The Provider shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Agreement before commencement of the work.
G. Notice of Cancellation
The Provider shall provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Provider 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 Provider to correct the breach, immediately terminate the Agreement 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 Provider from the City.
I. City Full Availability of Provider Limits
If the Provider 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
Page 172 of 202
Page 5 of 20
liability maintained by the Provider, irrespective of whether such limits maintained by the
Provider are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
the Provider.
8. Indemnification
Provider shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
However, 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
Provider and the City, its officers, officials, employees, and volunteers, the Provider's
liability, including the duty and cost to defend, hereunder shall be only to the extent of the
Provider’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider’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 Parties intend for the provisions of
this section to apply beginning January 1, 2020, and shall survive the expiration or
termination of this Agreement.
9. No Leasehold Interest in Temporary Modular Building.
This Agreement does not convey to the Auburn Food Bank a leasehold interest in the
temporary modular building.
10. Dispute Resolution.
In the event that any dispute or conflict arises between the parties while this Agreement is in
effect, the Parties agree that, notwithstanding such dispute or conflict, the Parties will
continue to make a good faith effort to continue to cooperate and continue to work toward
successful completion of the services outlined in Exhibit A.
In the event that any party believes another party has breached a term of this Agreement, it
may request in writing that the Parties meet and confer in good faith for the purpose of
attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days
of the date of service of the request.
11. Agreement Interpretation.
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and are not part of this Agreement. The singular will
include the plural and vice versa and masculine, feminine and neuter expressions are
interchangeable. Interpretation or construction of this Agreement will not be affected by any
Page 173 of 202
Page 6 of 20
determination as to who is the drafter of this Agreement, this Agreement having been drafted
by mutual agreement of the Parties.
12. 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 such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then this Agreement may be
terminated by the City at the end of the period for which funds are available.
The City makes no commitment to support the services contracted for and assumes no
obligation for future support of the activity or services contracted herein expect as expressly
set forth in this Agreement.
13. Termination for Cause.
If the City concludes that the Auburn Food Bank has failed to comply with the terms and
conditions of this Agreement, or has failed to use the City funds only for those activities
identified in Exhibit A, or has otherwise materially breached one or more of the covenants in
this Agreement, the City may at any time, at its discretion, provide written notice to the
Auburn Food Bank and terminate the Agreement. The Notice of Termination for Cause will
be in writing with the reason(s) for the termination, and will specify the effective date of the
termination. The Auburn Food Bank will be allowed at least five (5) calendar days to cure
the reasons for termination. If the breach is not cured within five (5) days, the City may
recover all prior payments to the Auburn Food Bank from the City made within 60 days of
the Effective Date.
If the Temporary Use Permit is not renewed or is revoked for any reason, this Agreement
automatically terminates and the parties waive all claims, demands, suits, proceedings, losses,
costs, or damages of every kind and description, including attorneys’ fees and litigations
expenses which may be made against or incurred by the City, caused by, arising out of, or
contributed to, in whole or in part, by reason of the Agreement termination.
The City may, in its sole discretion, by written notice to the Auburn Food Bank, immediately
terminate this Agreement, if it is found after due notice and examination by the City that
there is a violation of the Ethics in Public Service Act, Chapters 42.23 and 42.52 RCW.
14. Termination for Convenience.
The City reserves the right to terminate this Agreement for the convenience of the City by
delivery of a Notice of Termination with the effective date. The City may withhold all
further payments to the Auburn Food Bank after the date of Notice of Termination.
15. Prohibited Discriminatory Actions.
The Auburn Food Bank may not, under any program or activity to which this Agreement
applies, directly or through contractual or other arrangements, discriminate on the grounds of
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Page 7 of 20
age, color, creed, familial status, nationality, religion, race, sexual orientation, or the presence
of any physical, mental, or sensory disability.
The Auburn Food Bank will comply with all applicable federal, state and local non-
discrimination laws and/or policies, including, but not limited to, the Americans with
Disabilities Act; Civil Rights Act; and the Age Discrimination Act.
In the event of the Auburn Food Bank’s noncompliance or refusal to comply with any non-
discrimination law or policy, this Agreement may be rescinded, cancelled, or terminated in
whole or in part, and the Auburn Food Bank may be declared ineligible for further
agreements with the City. The Auburn Food Bank is responsible for any and all costs or
liability arising from any failure to so comply with applicable law.
16. Records.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations,
working drawings, and any other materials created or otherwise prepared by the Auburn
Food Bank as part of performing this Agreement will be owned by and become the property
of the City, may be used by the City for any purpose beneficial to the City, and shall be
subject to the requirements of the Public Records Act, Chapter 42.56 RCW.
17. Personal Information-Notice of Security Breach.
The Auburn Food Bank agrees to notify the City of any breach of the security of any
personal information data immediately following discovery if the personal information was,
or is reasonably believed to have been, acquired by an unauthorized person in accordance
with RCW 42.56.590. In the event of a security breach, the Auburn Food Bank is
responsible for notifying individuals whose personal information may have become available
to unauthorized users.
18. Inspection & Audit.
All compensation payments will be subject to adjustments for any amounts to have been
improperly invoiced, and all records and books of accounts pertaining to any work performed
under this Agreement will be subject to inspection and audit by the City for a period of three
(3) years from the final payment for work performed under this Agreement.
If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year
period, all records and books of accounts pertaining to any work performed under this
Agreement will be retained until all litigation, claims, disputes, or audits have been finally
resolved.
19. Limitations.
Nothing in this Agreement shall be construed as limiting or expanding the statutory
responsibilities of the parties or as requiring the parties to expend any sum in excess of its
appropriations.
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Page 8 of 20
20. Force Majeure.
No party to this Agreement will be held responsible for delay or default caused by terrorism,
pandemics, natural disasters, riots, acts of god and/or war that is beyond the reasonable
control of the parties.
21. Severability.
Each provision of this Agreement is intended to be severable, and if any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the
validity of the remainder of this Agreement.
22. Amendment, Assignment & Waiver Provisions.
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid unless it is made in writing, signed by the party or parties to be
bound, or the duly authorized representatives thereof, and specifies, with particularity, the
nature and extent of such amendment, modification, or waiver.
The failure of either party at any time to require performance by another party of any
provisions of this Agreement will in no way affect the party’s subsequent rights and
obligations under that provision, and waiver by any party of the breach of any provision of
this Agreement will not be taken or held to be a waiver of any succeeding breach or as a
waiver of any provision.
23. Integration & Binding Effect.
This Agreement, together with any subsequent amendments or addendums, constitutes the
entire agreement of the Parties and no other understandings, oral or otherwise, regarding this
Agreement shall exist or bind any of the Parties.
This Agreement is binding on the Parties 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 and it does not create a contractual
relationship with, or exist for the benefit of, any third party, including contractors,
subcontractors, or their sureties.
24. Choice of Law.
This Agreement and the rights of the parties will be governed and interpreted in accordance
with the laws of the State of Washington and venue for any action will be in King County,
Washington; provided, however, that it is agreed and understood that any applicable statute
of limitation will commence no later than the substantial completion by the Provider of the
services.
Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs
and attorneys’ fees generated by any dispute arising out of this Agreement.
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Page 9 of 20
25. Notices, Reports & Correspondence.
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or deposited
in the United States mail, postage prepaid, by certified mail, return receipt requested, and
addressed, if to a party of this Agreement, to the address for the party set forth above, or if to
a person not a party to this Agreement, to the address designated by a party to this
Agreement.
All notices, reports, and correspondence will be sent to:
City of Auburn
Auburn City Hall
Attn: Jamie Thomas
25 West Main
Auburn, WA 98001-4998
(253) 931-4009
Fax (253) 288-3132
The Auburn Food Bank
Auburn Food Bank
Attn: Debbie Christian
930 18th Pl SE
Auburn, WA 98002
(253) 833-8925
Fax (253) 833-1332
26. Signature Authority.
This Agreement may be executed in counterparts, each of which will be one and the same
Agreement and will 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
Nancy Backus, Mayor
Date
AUBURN FOOD BANK
By
Title
Federal Tax ID #
Date
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
Page 177 of 202
Page 10 of 20
SCOPE OF SERVICES
Exhibit A
The Auburn Food Bank has provided and will continue to provide support staff for low-barrier
daytime services for unsheltered residents during the term of the Agreement. The daytime
services will be offered on the Valley Cities property. The Scope of Services includes an
obligation the Auburn Food Bank to provide sufficient staff for the Ray of Hope Day Center for
the purpose of assisting unsheltered residents living in the Auburn/South King County area in
accessing housing and resources in accordance with the terms and conditions of this Agreement.
Services
The Auburn Food Bank agrees to:
• Provide staff support equal to at least one and a half (1.5) full time hours between 7 AM
and 8:30 PM, 7 days a week, for the daytime services to be provided on the Valley Cities
Property, 2536 “I” Street NE in Auburn for unsheltered residents in the Auburn/South
King County area; and
• Provide snacks and lunches as part of the delivery of the daytime services on the Valley
Cities Property, 2536 “I” Street NE in Auburn.
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COMPENSATION
EXHIBIT B
The City agrees to compensate the Auburn Food Bank in the amount of One Hundred
Eighty Five Thousand Dollars ($185,000) for the provision of work as required in the Scope of
Services, Exhibit A, and for the term stated herein. The Parties agree that all amounts due and
owing have been paid and/or prepaid for the provision of services for the term of the Agreement.
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TEMPORARY USE PERMIT
EXHIBIT C
Amended Temporary Use Permit
Valley Cities Temporary Day and Night Services
TMP17-0006
I. GENERAL INFORMATION:
Application Date: April 4, 2017, Amended Application May 9, 2017 Issue Date: April 28, 2017, Amended Decision May 12, 2017 Permit Extended: January 22, 2018, July 19, 2018 , January 15, 2019, July 1, 2019, December 23, 2019 & October 15, 2020.
Expiration Date: December 23, 2020
Applicant: Jeff Tate, Assistant Director
City of Auburn Community Development
25 West Main Street
Auburn, WA 98001
Property Owner: Shekh Ali, CFO & Acting CEO
Valley Cities Counseling
325 W. Gowe St.
Kent, WA 98032
Project Description: Request for a Type 2 Temporary Use Permit approval to provide
nighttime shelter, social services, and human services for homeless
and underserved populations. The proposal will involve two
properties. 915 26th St NE will include night services provided at
the Phoenix Rising common building. 2536 ‘I’ St NE will have a
new temporary, portable building to provide day services including
temporary restrooms and wash stations. The amended application
rotates the building 90-degrees and includes reduced setbacks.
Proposed Location: 915 26th St. NE and 2536 ‘I’ Street NE
Parcel Number: 000100-0068 and 512540-0340 (King County)
Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning,
and Land Use:
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Comprehensive Plan
Designation Zoning Classification Current Land Use
Project Site High Density
Residential R-20 Residential
Phoenix Rising and
Valley Cities
Communal Building
North High Density
Residential R-20 Residential Valley Cities Mental
Health
South High Density
Residential R-20 Residential Valley Cities
Counseling
East Public P-1 Public Cascade Middle School
West High Density
Residential R-20 Residential Commercial and Multi-
Family Buildings
SEPA STATUS:
Exempt pursuant to Auburn City Code (ACC) 16.06.055 and Washington Administrative
Code (WAC) Section 197-11-800.
II. FINDINGS OF FACT:
1. Jeff Tate, Assistant Director of City of Auburn Community Development, representing
the City of Auburn, Valley Cities Counseling, and the Auburn Food Bank,
(“Applicants”), applied for a Type 2 Temporary Use Permit for Valley Cities temporary
day and night services.
2. At 915 26th St. NE, the recently constructed Common Building for the Phoenix Rising
site will operate from 8:30 PM to 7:00 AM, 7 days a week. There will be 1 full time
employee on site during this timeframe, as well as occasional volunteers. Services and
activities provided include – referrals for services, cots and blankets for sleeping, access
to restrooms, limited access to laundry, access to a limited hygiene center, and light
snacks. Valley Cities will manage these services.
3. At 2536 “I” St. NE, a new 28-ft. x 64-ft. temporary portable building will be constructed
to the west of the existing garage, and 4 porta-johns and 3 temporary wash stations will
be placed between the portable building and the garage. An ADA compliant path will be
installed that connects the portable building with the bathrooms and wash stations and
with the driveway. The interior dimensions of the portable calculate to approximately
1,745 square feet of area. Because the building will likely be designated as a Type B
Occupancy, the occupancy limit will be set at 17 people for the interior use of the
building. The daytime services will be operated from this site and will operate from 7:00
AM to 8:30 PM, 7 days a week. There will be 1.5 full-time employees on site during this
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timeframe. Services and activities provided include – referral services (e.g. housing, job
training, counseling, treatment), game tables, reading corner, computers, snacks and
lunches. Limited laundry and showering will be made available at Phoenix Rising. The
daytime services will be managed by the Auburn Food Bank.
4. The Auburn Food Bank will provide 1.5 full time employees at the daytime facility. As a
result, daytime services will increase parking demand by as many as 2 parking spaces.
Auburn Food Bank employees/volunteers will utilize parking at the Phoenix Rising
facility to the north. Parking supply at Phoenix Rising is greater than demand due to the
City parking standards requiring more spaces than are typically needed. This is a result of
the population that are housed at the Group Residence Facility and that many residents
don’t own vehicles. Nighttime parking will be needed for employees/volunteers who will
operate out of the Common Building at night. There will be one additional employee that
will be working during the nighttime hours at the Common Building. Because there is
less demand for parking during nighttime hours, the existing parking supply at Phoenix
Rising provides an ample number of spaces.
5. In addition to the daily services that are provided at 2536 “I” St NE, there are occasional
mobile services that will come to the Phoenix Rising site. Mobile services will utilize the
existing parking facility adjacent to the Common Building.
6. A Public Notice was sent out to surrounding properties and the property was posted with
a proposed land use notice sign. One comment was submitted by a neighbor in regards to
there not being sufficient parking to serve the existing facilities and the new temporary
uses would only further exacerbate the parking issues.
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7. Chapter 18.46A ACC contains standards and regulations for Temporary Use Permits. The
proposed temporary use is required to comply with these standards and regulations. The
approval criteria for a Temporary Use Permit is contained in ACC 18.46A.080. See the
following Conclusions section.
8. The amended application rotates the building 90-degrees and places it closer to ‘I’ St.
NE. The Applicant has also requested to reduce the setbacks in the front and rear by up to
4 ft.
III. CONCLUSIONS:
ACC 18.46A.080 states that the Planning Director or designee may approve, or modify and
approve, application for a Temporary Use Permit if it meets all the criteria of this section.
What follows are the criteria (in italics) and a staff analysis of how the proposal compares to
the criteria:
1. The temporary use will not be materially detrimental to the public health, safety or
welfare, nor injurious to property or improvements in the immediate vicinity.
Staff Analysis:
The request for temporary day and night services is a joint venture by the City of Auburn,
who is responsible for obtaining the necessary permits and constructing the facilities on
2536 “I” St. NE; Valley Cities Counseling, who owns the properties and will operate the
night services on 915 16th St. NE; and, the Auburn Food Bank who will operate the day
services at 2536 “I” St. NE. There are several facilities in the immediate area that are
available to the homeless and underserved populations in Auburn. The addition of these
temporary facilities will further help these vulnerable populations by providing additional
services and temporary housing. It is anticipated that these services will be an
enhancement to the surrounding area as well as the City in general.
Staff finds the request meets this criterion.
2. The temporary use is compatible with the purpose of this title, and the specific zoning
district in which it will be located.
Staff Analysis:
Per ACC 18.46A.010(A), the intent of the Temporary Uses Chapter is to:
“…provide an administrative approval process whereby the City may permit uses to
locate within the City on an interim basis without requiring full compliance with the
development standards for the applicable zoning district…”
Per ACC 18.07.010, the intent of the R-20 Residential zone is to:
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“…provide for multiple-family residential development and is further intended as a
residential zone primarily of multiple-family residences, except as specifically provided
elsewhere in this chapter. A related consideration is to make it possible to more
efficiently and economically design and install all physical public service facilities in
terms of size and capacity to adequately and permanently meet needs resulting from a
defined intensity of land use.”
Approval of this Temporary Use Permit would allow for placement of temporary day and
night services and physical improvements consisting of a temporary portable building,
ADA pathways, and portable restroom and wash facilities. This temporary use will
support the existing facilities that serve the underserved populations discussed above.
The amended site plan rotates the building 90-degrees and also requests reduced setbacks
in the front and rear by up to 4 ft. The setbacks required are 10 ft. in the front and 20 ft. in
the rear. The Temporary Use Code provisions (ACC 18.46A(A)) state that “…the city
may permit uses to locate within the city on an interim basis without requiring full
compliance with the development standards for the applicable zoning district…”. In
addition, the property to the south (adjacent to rear setback) is also owned by Valley
Cities; as such, Staff finds that allowing a minor reduction in the setbacks would not be
detrimental to the surrounding properties.
Staff finds the request meets this criterion.
3. The temporary use is compatible in intensity and appearance with existing land uses in
the immediate vicinity.
Staff Analysis:
The proposed temporary use is consistent with, and compatible with surrounding
properties. The night services in the existing Common Building will serve the same at-
risk people that currently use the facility as will the new facilities that will be constructed
on the south side of 26th St. NE. The new temporary portable building will not be out of
character with surrounding buildings in bulk or size.
Staff finds the request meets this criterion.
4. Structures proposed in association with a temporary use permit will comply with the
applicable setback and vision clearance area requirements, and with applicable
provisions of the building and fire codes.
Staff Analysis:
The temporary facilities being constructed will meet all applicable codes.
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As discussed in Criterion 2, above, the amended site plan requests reduced front and rear
setbacks up to 4 ft. The temporary facilities being constructed will meet all other
applicable codes.
Staff finds the request meets this criterion.
5. Adequate parking is available to serve the temporary use and, if applicable, the
temporary use does not occupy required off-street parking areas for adjacent or nearby
uses.
Staff Analysis:
There is sufficient parking for both the existing uses and these proposed services /
facilities, as verified by Valley Cities. Any impacts that may arise due to a lack of
available parking will be mitigated as specified in the Conditions of Approval section,
below.
Staff finds the request meets this criterion.
6. Hours of operation of the temporary use are specified.
Staff Analysis:
Hours of operation for the day services will be 7:00 AM to 8:30 PM, 7 days a week;
hours of operation for the night services will be 8:30 PM to 7:00 AM, 7 days a week.
Staff finds the request meets this criterion.
7. The temporary use can comply with the applicable provisions of ACC 18.46A.090.
Staff Analysis:
The proposed temporary day and night services will meet the applicable provisions of
ACC 18.46A.090, as conditioned below.
Staff finds the request meets this criterion.
8. The impacts associated with the temporary use can be mitigated through the application
of conditions of approval, as applicable.
Staff Analysis:
Potential impacts from the proposed temporary use will be mitigated through the
conditions listed below.
Staff finds the request meets this criterion.
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IV. STAFF DECISION
APPROVED, WITH CONDITIONS
V. CONDITIONS OF APPROVAL
Approval of this Temporary Use Permit is based upon compliance with the project
description as provided in the application submitted April 4, 2017, the information provided
in this Staff Report, and the Conditions of Approval set forth below. Any deviations from the
project description, exhibits, timing or conditions must be reviewed and approved by the City
of Auburn for conformity with this approval. Any change from these may require approval of
changes to the permit and/or environmental review.
1. This permit is non-transferable and is valid for the above named applicant or an agent
of the above named applicant.
2. The proposed temporary use will be allowed for up to 180 days from the issue date
of this approval. Additional time extensions may be approved as allowed for in ACC
18.46A.100.
3. Camping is prohibited on both sites as well as the surrounding streets. This includes but is not limited to tents, sleeping bags, tarps or similar, recreational vehicles or campers of any kind, and all vehicles.
4. A Code of Conduct shall be prepared and posted in a highly conspicuous place on both properties. This Code of Conduct must include a requirement that all clients or visitors to the services must abide by it.
5. Valley Cities, as the property owner, must enter into a No Trespassing Authorization / Release with the Auburn Police Dept. This authorization / release allows the Auburn Police Dept. to enforce trespassing on private property.
6. Occupancy of the temporary portable building (“day shelter”) shall be limited to 17 occupants, including employees, volunteers, clients, and visitors.
7. Valley Cities and the Auburn Food Bank shall continue to work with the City of Auburn and the Auburn Police Dept. to make operational adjustments as needed.
8. Quarterly meetings shall be held between the City of Auburn, Auburn Police Dept., Valley Cities, and the Auburn Food Bank to discuss ongoing operations and changes or issues that need to be considered.
9. Define the on-site location of the mobile services, which shall be a consistent location coordinated with the City of Auburn Planning Dept.
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10. Prior to activating the day or night services, including the day shelter, the necessary inspections must be completed (e.g. final building permit inspection for the day shelter).
11. Prior to activating the day or night services, the VRFA conditions must be completed. These conditions include the following: a. Provide a fire-access padlock to the gate at 2536 “I” St. NE. b. IFC fire safety requirements will apply to the structures and fire extinguishers will be required in all structures. c. Nighttime service operations at 915 26th St NE: The occupancy type of this building (Common Building) is an A-2. This did not require local smoke detectors, only one smoke alarm over the fire panel, and no carbon monoxide detection or alarm. If this is used as a temporary shelter where people are sleeping, low frequency smoke detection and carbon monoxide alarms would be required for early detection and warning to the occupants prior to the fire sprinkler system activating. 12. Any outdoor lighting that is installed shall be full cut-off style and must prevent light spillage off the site(s). The lighting element must not be viewable from off-site areas (e.g. the public road or other properties). 13. Any signage to be installed must receive the proper City permits.
14. The hours of operation shall be limited as follows: a. Daytime services at 2536 “I” St. NE: 7:00 AM to 8:30 PM, 7 days a week. b. Nighttime services at 915 26th St. NE: 8:30 PM to 7:00 AM, 7 days a week. 15. The services available shall be limited as follows: a. Daytime services at 2536 “I” St. NE: referral services (e.g. housing, job training, counseling, treatment), game tables, reading corner, computers, snacks and lunches. Limited laundry and showering will be made available at Phoenix Rising. b. Nighttime services at 915 26th St. NE: referrals for services, cots and blankets for sleeping, access to restrooms, limited access to laundry, access to a limited hygiene center, and light snacks. 16. All personal belongings, including shopping carts, bicycles with carts, etc., shall be screened from public view. This screening may be achieved by locating the belongings inside a building or by an outdoor screened area; in the event an outdoor screened area is proposed, the location and screening materials must be reviewed of and approved by the City of Auburn Planning Dept. 17. Adequate refuse receptacles shall be placed on-site and be maintained in accordance with Chapter 8.08 ACC ‘Solid Waste’ and Chapter 8.12 ACC ‘Public Nuisances’.
18. Phoenix Rising (915 26th Street NE) – Employees, tenants, and visitors shall park on site in established parking stalls. Overflow parking during peak periods is allowed on 26th Street NE adjacent to the site and no further east than the property boundary. Parking shall not spill over into the surrounding residential neighborhood. On street 72 hour parking limitations will be strictly enforced.
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19. Day Center (2536 I Street NE) – Employees working at the Day Center shall utilize onsite parking at the Phoenix Rising site (915 26th St NE). Visitors to the Day Center may utilize the Phoenix Rising parking lot, paved areas located at 2536 I Street NE, or on street parking on 26th Street NE. On Street parking shall not extend east of the Day Shelter property.
20. The front and rear setbacks may be reduced by up to 4 ft. (total).
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5572 (Thomas)
Date:
December 2, 2020
Department:
Finance
Attachments:
Resolution No. 5572
AFB Nighttime Shelter
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5572.
Background Summary:
I n mid-2019, the City of Auburn expanded its partnership with the Auburn Food Bank and
began operating a nighttime shelter (Sundown) for unsheltered individuals. Since this time,
the need f or services to unsheltered individuals has continued to expand and increase
significantly. Both the Auburn Food Bank and the City wishes to continue to provide a
nighttime shelter f or unsheltered individuals. This shelter is currently being operated within a
portion of the space in the Auburn Consolidated Resource Center (ACRC) located at 2806A
Auburn Way North. The resources provided will include a space to rest inside the ACRC
along with a cot and a blanket, regardless of religious af f iliation. This contract and Resolution
No. 5572 are to f ormalize the City’s relationship and establish the contract amount for
services for 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:December 7, 2020 Item Number:RES.F
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--------------------------------
Resolution No. 5572
December 1, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5572
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE AUBURN
FOOD BANK’S OPERATION OF THE NIGHT SHELTER
AND AUTHORIZING THE MAYOR TO NEGOTIATE,
ADMINISTER, AND EXECUTE AN AGREEMENT WITH THE
AUBURN FOOD BANK
WHEREAS, the City of Auburn, along with all of western Washington, is
experiencing unprecedented numbers of individuals experiencing homelessness or are
at high-risk for experiencing homelessness; and
WHEREAS, the Auburn Food Bank is a volunteer directed organization that
provides food, referrals, resources, support, and assistance to unsheltered individuals
within the City of Auburn and the surrounding community; and
WHEREAS, the Auburn Food Bank operates a night shelter for individuals within
the Auburn Resource Center Building located at 2806A Auburn Way North, Auburn, WA
98002; and
WHEREAS, the City of Auburn has provided funds to the Auburn Food Bank for
the operation of the nighttime shelter; and
WHEREAS, the City has determined that this Agreement provides the necessary
support of the poor and infirm in the community; and
WHEREAS, the public and the City benefit from the services provided by the
Auburn Food Bank.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
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--------------------------------
Resolution No. 5572
December 1, 2020
Page 2 of 2 Rev. 2019
Section 1. The Mayor is authorized to negotiate, administer, and execute an
Agreement between the City of Auburn and the Auburn Food Bank, which shall be in
substantial conformity with the attached “Agreement”.
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:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
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AGREEMENT
Between
The City of Auburn
And
The Auburn Food Bank
For Operation of the Nighttime Shelter
This Agreement is made and entered into on this ___day of __________, 2020, by and
between the City of Auburn, a municipal corporation organized under Title 35A of the Revised
Code of Washington (the “City”), and the Auburn Food Bank, a Washington public benefit
corporation (the “Provider” and collectively “the Parties”).
RECITALS:
1. The City of Auburn, along with all of western Washington, is experiencing
unprecedented numbers of individuals experiencing homelessness or are at high-
risk for experiencing homelessness; and
2. The Auburn Food Bank is a volunteer directed organization that provides food,
referrals, resources, support, and assistance to unsheltered individuals within the
City of Auburn and the surrounding community; and
3. The Auburn Food Bank operates a night shelter for individuals within the Auburn
Resource Center Building located at 2806A Auburn Way North, Auburn, WA
98002; and
4. The City agrees to provide funds to the Auburn Food Bank for the operation of
the night shelter; and
5. The Parties expressly intend all provisions of the Agreement to apply in full force
and effect for the duration of January 1, 2020 through December 31, 2020; and
6. The City has determined that this Agreement provides the necessary support of
the poor and infirm in the community.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the Parties agree as
follows:
1. Term of Agreement.
The Parties expressly intend for the term of this Agreement to be January 1, 2020 through
December 31, 2020, the date of signatures on this Agreement notwithstanding.
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2. Scope of Services.
The Provider agrees to perform in a good and professional manner the tasks described in
Exhibit “A.” The Provider will perform the services as an independent contractor and will
not be deemed, by virtue of this Agreement and the performance of, to have entered into any
partnership, joint venture, or other relationship with the City.
3. Provider Representations.
The Auburn Food Bank 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. The Auburn Food Bank is prohibited from making any program
services, resources, assistance, or sheltering conditional on clients participating in any sort of
religious activity. No funding provided through the City may be used to support or engage in
any explicitly religious activities, including activities that involve overt religious content such
as worship, religious instruction, or proselytization.
4. Compensation.
As compensation for the Provider’s performance of the services provided for in this
Agreement, the City has paid the Provider the fees and costs specified in Exhibit “B”. This
compensation has been and shall be used for work performed or services rendered and for all
labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to complete
the work. Copies of original supporting documents shall be supplied to the City upon request.
Compensation to be paid the Provider in succeeding years after the current year will be
contingent upon availability of funds.
5. Insurance.
The Provider shall procure and maintain for the duration of the Agreement, January 1, 2020
through December 31, 2020, 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 Provider, its agents, representatives, or employees.
A. No Limitation
The Provider’s maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such insurance,
or otherwise limit the City’s recourse to any remedy available at law or in equity.
B. Minimum Scope of Insurance
The Provider shall obtain insurance of the types and coverage described below.
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA
00 01.
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2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop-gap
independent contractors and personal injury and advertising injury. The City shall be
named as an additional insured under the Provider’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 endorsement form CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Provider’s profession.
C. Minimum Amounts of Insurance
The Provider shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per
claim and $2,000,000 policy aggregate limit.
D. Other Insurance Provision
The Provider’s Automobile Liability and Commercial General Liability insurance
policies are to contain, or be endorsed to contain that they shall be primary insurance as
respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained
by the City shall be excess of the Provider’s insurance and shall not contribute with it.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
F. Verification of Coverage
The Provider shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Agreement before
commencement of the work.
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G. Notice of Cancellation
The Provider shall provide the City with written notice of any policy cancellation within
two business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Provider 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 Provider to correct the breach, immediately terminate the Agreement 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 Provider from the City.
I. City Full Availability of Provider Limits
If the Provider 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 Provider, irrespective of whether such limits
maintained by the Provider are greater than those required by this Agreement or whether
any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Provider.
6. Indemnification
Provider shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
However, 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
Provider and the City, its officers, officials, employees, and volunteers, the Provider's
liability, including the duty and cost to defend, hereunder shall be only to the extent of the
Provider’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider’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. The Parties intend for the provisions
of this section to apply beginning January 1, 2020, and shall survive the expiration or
termination of this Agreement.
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7. Dispute Resolution.
In the event that any dispute or conflict arises between the parties while this Agreement is in
effect, the Parties agree that, notwithstanding such dispute or conflict, the Parties will
continue to make a good faith effort to continue to cooperate and continue to work toward
successful completion of the services outlined in Exhibit A.
In the event that any party believes another party has breached a term of this Agreement, it
may request in writing that the Parties meet and confer in good faith for the purpose of
attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days
of the date of service of the request.
8. Agreement Interpretation.
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and are not part of this Agreement. The singular will
include the plural and vice versa and masculine, feminine and neuter expressions are
interchangeable. Interpretation or construction of this Agreement will 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.
9. 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 such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then this Agreement may be
terminated by the City at the end of the period for which funds are available.
The City makes no commitment to support the services contracted for and assumes no
obligation for future support of the activity or services contracted herein expect as expressly
set forth in this Agreement.
10. Termination for Cause.
If the City concludes that the Auburn Food Bank has failed to comply with the terms and
conditions of this Agreement, or has failed to use the City funds only for those activities
identified in Exhibit A, or has otherwise materially breached one or more of the covenants in
this Agreement, the City may at any time, at its discretion, provide written notice to the
Auburn Food Bank and terminate the Agreement. The Notice of Termination for Cause will
be in writing with the reason(s) for the termination, and will specify the effective date of the
termination. The Auburn Food Bank will be allowed at least five (5) calendar days to cure
the reasons for termination. If the breach is not cured within five (5) days, the City may
recover all prior payments to the Auburn Food Bank from the City made within 60 days of
the Effective Date.
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The City may, in its sole discretion, by written notice to the Auburn Food Bank, immediately
terminate this Agreement, if it is found after due notice and examination by the City that
there is a violation of the Ethics in Public Service Act, Chapters 42.23 and 42.52 RCW.
11. Termination for Convenience.
The City reserves the right to terminate this Agreement for the convenience of the City by
delivery of a Notice of Termination with the effective date. The City may withhold all
further payments to the Auburn Food Bank after the date of Notice of Termination.
12. Prohibited Discriminatory Actions.
The Auburn Food Bank may not, under any program or activity to which this Agreement
applies, directly or through contractual or other arrangements, discriminate on the grounds of
age, color, creed, familial status, nationality, religion, race, sexual orientation, or the presence
of any physical, mental, or sensory disability.
The Auburn Food Bank will comply with all applicable federal, state and local non-
discrimination laws and/or policies, including, but not limited to, the Americans with
Disabilities Act; Civil Rights Act; and the Age Discrimination Act.
In the event of the Auburn Food Bank’s noncompliance or refusal to comply with any non-
discrimination law or policy, this Agreement may be rescinded, cancelled, or terminated in
whole or in part, and the Auburn Food Bank may be declared ineligible for further
agreements with the City. The Auburn Food Bank is responsible for any and all costs or
liability arising from any failure to so comply with applicable law.
13. Records.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations,
working drawings, and any other materials created or otherwise prepared by the Auburn
Food Bank as part of performing this Agreement will be owned by and become the property
of the City, may be used by the City for any purpose beneficial to the City, and shall be
subject to the requirements of the Public Records Act, Chapter 42.56 RCW.
14. Personal Information-Notice of Security Breach.
The Auburn Food Bank agrees to notify the City of any breach of the security of any
personal information data immediately following discovery if the personal information was,
or is reasonably believed to have been, acquired by an unauthorized person in accordance
with RCW 42.56.590. In the event of a security breach, the Auburn Food Bank is
responsible for notifying individuals whose personal information may have become available
to unauthorized users.
15. Inspection & Audit.
All compensation payments will be subject to adjustments for any amounts to have been
improperly invoiced, and all records and books of accounts pertaining to any work performed
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under this Agreement will be subject to inspection and audit by the City for a period of three
(3) years from the final payment for work performed under this Agreement.
If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year
period, all records and books of accounts pertaining to any work performed under this
Agreement will be retained until all litigation, claims, disputes, or audits have been finally
resolved.
16. Limitations.
Nothing in this Agreement shall be construed as limiting or expanding the statutory
responsibilities of the parties or as requiring the parties to expend any sum in excess of its
appropriations.
17. Force Majeure.
No party to this Agreement will be held responsible for delay or default caused by terrorism,
pandemics, natural disasters, riots, acts of god and/or war that is beyond the reasonable
control of the parties.
18. Severability.
Each provision of this Agreement is intended to be severable, and if any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the
validity of the remainder of this Agreement.
19. Amendment, Assignment & Waiver Provisions.
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid unless it is made in writing, signed by the party or parties to be
bound, or the duly authorized representatives thereof, and specifies, with particularity, the
nature and extent of such amendment, modification, or waiver.
The failure of either party at any time to require performance by another party of any
provisions of this Agreement will in no way affect the party’s subsequent rights and
obligations under that provision, and waiver by any party of the breach of any provision of
this Agreement will not be taken or held to be a waiver of any succeeding breach or as a
waiver of any provision.
20. Integration & Binding Effect.
This Agreement, together with any subsequent amendments or addendums, constitutes the
entire agreement of the Parties and no other understandings, oral or otherwise, regarding this
Agreement shall exist or bind any of the Parties.
This Agreement is binding on the Parties 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.
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This Agreement is for the exclusive benefit of the parties and it does not create a contractual
relationship with, or exist for the benefit of, any third party, including contractors,
subcontractors, or their sureties.
21. Choice of Law.
This Agreement and the rights of the parties will be governed and interpreted in accordance
with the laws of the State of Washington and venue for any action will be in King County,
Washington; provided, however, that it is agreed and understood that any applicable statute
of limitation will commence no later than the substantial completion by the Provider of the
services.
Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs
and attorneys’ fees generated by any dispute arising out of this Agreement.
22. Notices, Reports & Correspondence.
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or deposited
in the United States mail, postage prepaid, by certified mail, return receipt requested, and
addressed, if to a party of this Agreement, to the address for the party set forth above, or if to
a person not a party to this Agreement, to the address designated by a party to this
Agreement.
All notices, reports, and correspondence will be sent to:
City of Auburn
Auburn City Hall
Attn: Jamie Thomas
25 West Main
Auburn, WA 98001-4998
Fax (253) 288-3132
The Auburn Food Bank
Auburn Food Bank
Attn: Debbie Christian
930 18th Pl SE
Auburn, WA 98002
(253) 833-8925
Fax (253) 833-1332
23. Signature Authority.
This Agreement may be executed in counterparts, each of which will be one and the same
Agreement and will become effective when one or more counterparts have been signed by
each of the parties and delivered to the other party.
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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
Nancy Backus, Mayor
Date
AUBURN FOOD BANK
By
Title
Federal Tax ID #
Date
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
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SCOPE OF SERVICES
Exhibit A
The Auburn Food Bank has provided and will continue to:
• Provide appropriate staff from 8:30 PM to 7 AM, 7 days a week, for the low-barrier overnight
housing in the building located at 2802-2818 Auburn Way North in Auburn. The provision of
shelter shall not be conditioned upon participation in religious activities or subject to other
religious requirement, nor limited to a certain duration for each individual;
• Provide a shelter coordinator who will act as the primary contact for all shelter activities;
• Comply with applicable health codes, rules, and regulations in performing nighttime
sheltering services;
• Offer 1 cot and 1 blanket to each individual at the shelter;
• Provide a weekly report to the City's Director of Administration of (1) the nightly population
receiving sheltering services; (2) basic demographics of individuals staying at the nighttime
shelter; and (3) a numerical count of how many persons were turned away each night due to
shelter capacity.
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COMPENSATION
EXHIBIT B
The City agrees to compensate the Auburn Food Bank in the amount of One Hundred
Eighty Thousand Dollars ($180,000) for the provision of work as required in the Scope of
Services, Exhibit A, and for the term stated herein. The Parties agree that all amounts due and
owing have been paid and/or prepaid for the provision of services for the term of the Agreement.
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