HomeMy WebLinkAbout09-20-2021 City Council AgendaCity Council Meeting
September 20, 2021 - 7:00 P M
Virtual
A GE NDA
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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 Auburn City Council Meeting scheduled for Monday, S eptember 20, 2021 at
7:00 p.m. will be held virtually and telephonically. To attend the meeting virtually
please click one of the below links, enter the meeting I D into the Zoom app, or
call into the meeting at the phone number listed below.
Per Governor I nslee's E mergency Proclamation 20-05 and 20-28 et. seq. and
City of A uburn Resolution No. 5581, City of A uburn has designated meeting
locations as “virtual” for all Regular, S pecial and Study Session Meetings of the
City Council and for the Committees, Boards and Commissions of the City.
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, iPhone or Android device:
Please click one of the below UR L to join.
Z O O M: https://us06web.zoom.us/j/82502409276
YouTube: https://www.youtube.com/user/watchauburn/live/?nomobile=1
Or join by phone:
253 215 8782
877 853 5257 (Toll Free)
Webinar I D: 825 0240 9276
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 I O NS
A .Constitution Week P roclamation
Mayor Backus to proclaim September 17-23, 2021 as "Constitution Week" in the City
of Auburn
Page 1 of 53
B .Hispanic Heritage Month P roclamation
Mayor Backus to proclaim September 2021 as "Hispanic Heritage Month" in the City of
A uburn
I V.AP P O I NT M E NT S
A .J unior City Council Reappointment
City Council to reappoint B riseyda S andate to the J unior City Council for a two-year
term expiring August 31, 2023
(RE C O M M E ND E D AC T I O N: M ove to reappoint Briseyda Sandate to the J unior
City Council for a two-year term.)
V.AG E ND A M O D I F IC AT I O NS
V I .NE W B US I NE S S
V I 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 - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
Participants can submit written comments via mail, fax or email. A ll 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.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to: publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I 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)
Page 2 of 53
I X.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 S eptember 7, 2021 Regular City Council
Meeting
B .Minutes of the S eptember 13, 2021 S tudy S ession
C.Claim Vouchers (Thomas)
Claim voucher list dated September 20, 2021 which includes voucher numbers
464827 through 464995 in the amount of $5,182,683.09 and six wire transfers in the
amount of $416,339.82
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539189 through 539196 in the amount of $75,596.85, and
electronic deposit transmissions in the amount of $2,293,778.31, for a grand total of
$2,369,375.16 for the period covering September 3, 2021 to September 16, 2021 are
approved for payment this 20th, day of S eptember, 2021
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .O RD INANC E S
A .Ordinance No. 6831 (Tate)
A n Ordinance amending Chapter 2.98 of the A uburn City Code to modify the funding
allocation of the Business I mprovement A rea and to rename the Business
I mprovement Area Committee
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6831.)
B .Ordinance No. 6833 (Comeau)
A n Ordinance amending S ection 3.12.030 of the Auburn City Code regarding the
opening of Public Works Contract B ids
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6833.)
X I I .RE S O L UT IO NS
A .Resolution No. 5619 (Gaub)
A Resolution authorizing the Mayor to execute a funding agreement between the City of
A uburn and S ound Transit relating to S ound Transit’s A uburn S tation P arking and
A ccess I mprovement P roject and the City’s A S treet L oop Project
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5619.)
Page 3 of 53
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 time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I 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 review
at the City Clerk's Office.
Page 4 of 53
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 7, 2021 Regular City Council
Meeting
Date:
September 8, 2021
Department:
Administration
Attachments:
09-07-2021 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 20, 2021 Item Number:CA.A
Page 5 of 53
City Council Meeting
September 7, 2021 - 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. virtually and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, J ames J eyaraj, L arry Brown, Robyn Mulenga, and Chris S tearns
Councilmember Yolanda Trout-Manuel was excused.
Mayor Nancy Backus and the following department directors and staff
members attended the meeting virtually: S enior City Staff A ttorney Harry
B oesche, P olice Chief Dan O'Neil, Director of Community Development
J eff Tate, Director of Public Works I ngrid Gaub, Director of Parks, Arts,
and Recreation Daryl F aber, Director of Finance J amie Thomas, Assistant
Finance Director K evin F uhrer, Director of I nnovation and Technology
David Travis, I nnovation and Technical S upport Specialist Danika Olson,
and City Clerk S hawn Campbell.
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 .Childhood Cancer Awareness Month P roclamation
Mayor Backus to proclaim September 2021 as "Childhood Cancer Awareness Month"
in the city of A uburn.
Mayor Backus read and proclaimed September as Childhood Cancer
Awareness Month in the City of Auburn.
B .National Recovery Month Proclamation
Mayor Backus to proclaim September 2021 as "National Recovery Month" in the city of
Page 1 of 4Page 6 of 53
A uburn.
Mayor Backus read and proclaimed September as National Recovery
Month 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 modification 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 .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
No public comments were received.
B .Correspondence
There was no correspondence for Council to review.
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 B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember J eyaraj have reviewed the claims
and payroll vouchers described on the agenda 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 August 16, 2021 Regular City Council Meeting
B .Minutes of the August 23, 2021 Council S tudy S ession
C.Claim Vouchers (Thomas)
Claim voucher list dated September 7, 2021 which includes voucher numbers
Page 2 of 4Page 7 of 53
464582 through 464826 in the amount of $4,742,468.48 and six wire transfers in the
amount of $838,995.31
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539184 through 539188 in the amount of $545,649.47,
and electronic deposit transmissions in the amount of $2,124,220.71, for a grand total
of $2,669,870.18 for the period covering A ugust 1, 2021 to August 15, 2021 are
approved for payment this 7th, day of September, 2021
Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
X .O RD INANC E S
A .Ordinance No. 6832 (T homas)
A n Ordinance directing expenditure of funds appropriated to the City under the
A merican Rescue P lan A ct of 2021 (A R PA )
Councilmember B aggett moved and Councilmember J eyaraj seconded to
approve Ordinance No. 6832.
Council discussed premium pay for essential workers.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .RE S O L UT IO NS
A .Resolution No. 5612 (Gaub)
A Resolution ratifying the Mayor’s determination of a Stage 2 serious water shortage
emergency affecting 12 customers in the Hidden Valley/B raunwood neighborhood
Councilmember B rown moved and Councilmember J eyaraj seconded to
approve Resolution No. 5612.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi reported he attended the P S R C Growth
Management Policy B oard meeting.
Page 3 of 4Page 8 of 53
Councilmember B aggett reported he attended the Pierce County Cities
and Towns Committee meeting.
Councilmember S tearns thanked the Mayor for the National Recovery
Month Proclamation. He reported he attended the National L eague of
Cities meeting, the Muckleshoot Tribal meeting, former Councilmember
B ill Peloza' s memorial and a session of the Auburn Community Court.
B .From the M ayor
Mayor Backus reported she attended the P acific Motor Sports ground
breaking, a ceremony honoring J enny Gannon from Christ Community
Free Clinic, a joint meeting between the Muckleshoot Tribe and the City,
the memorial service for former Councilmember Bill P eloza, and a meeting
with Kent Hey, members from the K ing County Regional Homelessness
A uthority, Sound Cities Association members and various service
providers.
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 7:36p.m.
A P P R O V E D this 20th day of S eptember, 2021.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 9 of 53
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 13, 2021 Study Session
Date:
September 15, 2021
Department:
Administration
Attachments:
09-13-2021 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 20, 2021 Item Number:CA.B
Page 10 of 53
City Council Study Session Muni
Serv ices S FA
September 13, 2021 - 5:30 P M
Virtual
A GE NDA
Watch the meeting v ideo
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. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
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, Robyn Mulenga and Chris Stearns. Councilmember
Yolanda Trout-Manuel arrived at 5:50 p.m. and Councilmember J ames
J eyaraj was excused.
Mayor Nancy Backus and the following department directors and staff
members attended the meeting virtually: S enior City Staff A ttorney Doug
Ruth, Chief of Police Dan O'Neil, Director of I nnovation and Technology
David Travis, Director of Community Development J eff Tate, Director of
P ublic Works I ngrid Gaub, Director of Administration Dana Hinman, E quity
P rogram Manager B renda Goodson-Moore, E conomic Development
Coordinator J enn Francis, Police Commander Samuel Betz, I nnovation
and Technical Support S pecialist Danika Olson, Assistant Director of
I nnovation and Technology A shley Riggs and City Clerk Shawn Campbell.
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
A .I nclusive Auburn – Diversity, Equity, and I nclusion Consulting (Martinson) (30 Minutes)
Manager Goodson-Moore introduced L inda Paralez and P atricia Davis
from Demarche Consulting Group, who provided Council with a brief
history of their company. T hey also provided Council with the scope of
work for the Diversity, Equity and I nclusion program. T hey shared the
Demarche consulting Group's approach to the program, and the timeline
for the program.
Page 1 of 3Page 11 of 53
Council discussed the diversity of the Mayor and Council, continuing
budgetary needs and the Councils appreciation of Staffs continued work.
I 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 .Ordinance No. 6831 (Tate) (15 Minutes)
A n Ordinance amending Chapter 2.98 of the Auburn City Code to modifying the
funding allocation of the B usiness I mprovement Area (B I A ) and to rename the
B usiness I mprovement Area Committee
Director Tate presented Ordinance No. 6831 to the Council. He explained
the purpose of changing the rates the B I A District Members pay with the
new B&O Tax structure.
Council discussed ensuring the expenditure of funds is equitable, the
definition of a B usiness I mprovement Area, the number of businesses and
exemptions for businesses.
B .Ordinance No. 6833 (Comeau) (5 Minutes)
A n Ordinance amending S ection 3.12.030 of the Auburn City Code regarding the
opening of Public Works Contract B ids
S enior Staff A ttorney Ruth provided Council with a presentation on
Ordinance No. 6833. He explained the amendments to the City Code.
V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A .PA C Update (O'Neil) (30 Minutes)
Chief O'Neil introduced Police Advisory Committee (PA C) Member Bob
Holt. Mr. Holt provided Council with his personal history and the PA C
Update. He also discussed the PA C offering a scholarship program.
Council discussed the B O L O Wrap and the scholarship program.
B .2021 F ireworks Update (O'Neil) (30 Minutes)
Commander Betz provided Council with the 2021 Fireworks update.
Council discussed Police working with the Muckleshoot Tribe, large
fireworks being discharged in City Parks, traffic concerns and the excellent
work by law enforcement.
V 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 .NE W B US I NE S S
There was no new business.
Page 2 of 3Page 12 of 53
V I I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting was
adjourned at 7:24 p.m.
A P P R O V E D this 20th day of S eptember, 2021.
_______________________________ ______________________
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 13 of 53
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
September 13, 2021
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 for Motion:
Background Summary:
Claim voucher list dated September 20, 2021 which includes voucher numbers 464827
through 464995 in the amount of $5,182,683.09 and six wire transfers in the amount of
$416,339.82.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:September 20, 2021 Item Number:CA.C
Page 14 of 53
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
September 13, 2021
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 for Motion:
Background Summary:
Payroll check numbers 539189 through 539196 in the amount of $75,596.85, and electronic
deposit transmissions in the amount of $2,293,778.31, for a grand total of $2,369,375.16 for
the period covering September 3, 2021 to September 16, 2021 are approved for payment
this 20th, day of September, 2021.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:September 20, 2021 Item Number:CA.D
Page 15 of 53
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6831 (Tate)
Date:
September 14, 2021
Department:
Community Development
Attachments:
Ordinance No. 6831
Exhibit A to Ordinance No. 6828 – Draft
Amendments to Chapter 2.98 ACC
Exhibit B to Ordinance 6828 – BIA Committee of
Ratepayer Res olution 2021-01
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6831.
Background for Motion:
Ordinance 6831 amends Chapter 2.98 of the Auburn City Code by modifying the funding allocation
of the Business Improvement Area (BIA) and renames the committee. The Ordinance does not
change the boundaries of the BIA, the purpose of the BIA, or how the committee functions.
Background Summary:
The BIA district, committee, and rates were initially established in 1998. RCW 35.87A is the
state law that authorizes a city or business community to establish a BIA and it sets forth the
general scope and parameters for how rates are collected, how funds can be used within the
BIA district, and the requirements for a “committee of ratepayers” to be formed who are
responsible for guiding investments that are made using BIA funds.
Over the course of the last 30+ years businesses located within the BIA have paid an annual
fee that is collected with application or renewal of a business’s city business license. Rates
have been used for a variety of purposes but always within the parameters set forth in RCW
35.87A.
Ordinance 6831 seeks to shift how the BIA is funded. The reasons for proposing this shift
are described below however, it is equally important to describe what Ordinance 6831 does
not do.
Ordinance 6831 does not change the geographic boundary of the BIA. It does not change
the purpose of the BIA and how funds are to be invested within the geographic boundary of
the BIA. Funds that are overseen by the committee are to be invested will continue to be
spent in the same manner. And it does not change the structure of the committee, their
terms, membership requirements, and method of appointment.
The fundamental purpose of Ordinance 6831 is to change the method in which the BIA is
funded. Instead of collecting an annual fee from businesses within the BIA boundary,
Ordinance would eliminate the annual fee and replace it with an annual funding commitment
that is carved out of Business and Occupation Taxes. Recall that City Council adopted
Page 16 of 53
Ordinance 6814 on May 17, 2021 which establishes a citywide B&O Tax and that collection of
B&O Taxes will commence in 2022. The following bullet points identify the rationale behind
this approach:
1. Ordinance 6814 (establishing the B&O Tax under Auburn City Code Chapter 3.53)
already allows for BIA fees that are paid by a business to be deducted from their taxes.
This was included in Ordinance 6814 in order to avoid a scenario where a business is
paying both the B&O Tax and the BIA Rate.
2. Despite the above referenced B&O tax deduction, the business owner still has the
experience of paying two fees. The business owner is still likely to perceive that they
are paying both fees and being double charged.
3. Also, the bottom line amount of money that is collected by the City will be exactly the
same. For example, a business calculates it’s B&O tax to be $5,000 and their BIA rate
is $500. Therefore, the business owner can deduct the $500 BIA fee from the $5,000
B&O tax payment so that they only pay $4,500 in B&O taxes. However, in the end the
City is collecting $5,000 whether one way or another which means there is no financial
benefit to keep the BIA fee in place since the City collects the same amount of money
under either scenario. In fact, eliminating the BIA fee in favor of relying on the B&O tax
is actually simpler for the business owner since they won’t be required to think about two
separate payments that they must make and to have their accountant address the BIA
tax deduction when filing B&O taxes.
4. There are significant internal complications for keeping the BIA and B&O tax in place.
These complications will cost a relatively significant amount of money to overcome. For
example:
a. The BIA fee and the B&O tax require two separate software systems. These
systems will need to communicate with each other. This type of software
integration will cost between $50,000 and $100,000 to build out. And there may
be ongoing annual costs to maintain this integration.
b. Many businesses will pay their B&O taxes on a quarterly basis; others will pay
annually. The BIA is paid annually in one lump sum. The software integration
described above becomes more complicated if the B&O system needs to go
“find” the BIA fee that was paid in a different software system and then determine
if it is supposed to divide the BIA fee into quarters (for quarterly filers) or to pull
the full annual BIA fee into the B&O deduction.
c. BIA fees are paid with business license renewals in November and December.
B&O taxes are potentially paid quarterly which makes the first payment due in April
of a given year. The method for deducting the BIA fee will become more
complicated when having to determine if the BIA deduction applies to fees paid
last year, or fees that are anticipate to be paid this year (e.g. on April 15, 2022 is
the deduction for the BIA fee paid on December 1, 2021 or the anticipated fee
that will be due on December 1, 2022).
5. Another benefit is that the City currently expends a relatively significant amount of time
Page 17 of 53
to pursue business license renewals that are delinquent. Some of these include
businesses within the BIA who have not paid their BIA payment. Since the BIA Board
relies upon payment of fees in order to fund the projects that they support, the BIA is
limited in its ability if BIA fees have not been paid. A codified budget commitment from
B&O taxes that are collected across the entire city will overcome this dynamic.
Ordinance 6831 was presented to City Council during the September 13, 2021 Study
Session. Council authorized the ordinance to move forward for City Council action on
September 20, 2021.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:September 20, 2021 Item Number:ORD.A
Page 18 of 53
-------------------------------
Ordinance No. 6831
September 14, 2021
Page 1 of 3
ORDINANCE NO. 6831
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 2.98 OF
THE AUBURN CITY CODE TO MODIFY THE FUNDING
ALLOCATION OF THE BUSINESS IMPROVEMENT AREA
AND TO RENAME THE BUSINESS IMPROVEMENT AREA
COMMITTEE
WHEREAS, the City passed Ordinance 6814 adopting a Business and Occupation
Tax (B&O Tax) on May 17, 2021; and
WHEREAS, the B&O Tax provides a funding resource for the Business
Improvement Area (BIA) and renders the separate BIA fee assessment and tax credit in
ACC 3.53.120(B) duplicative and unnecessary at this time; and
WHEREAS, there will be substantial costs and staff time to develop and implement
measures to address software integration between the two separate systems that support
BIA payments and B&O tax payments; and
WHEREAS, the necessary costs and time commitments would not result in
additional revenues; and
WHEREAS, it is less expensive, simpler and more transparent to eliminate the BIA
rate than it would be to expend the resources to address software integration; and
WHEREAS, on August 19, 2021 the BIA Committee of Ratepayers adopted
Resolution 2021-01 (Exhibit B) which is a recommendation to the Auburn City Council to
replace the BIA rate with funding from the B&O Tax; and
WHEREAS, modifications to Chapter 2.98 of the ACC remove references to the
BIA fee assessment, reflects the funding through the B&O Tax, and renames the Auburn
Committee of the Rate Payers as the BIA Committee; and
Page 19 of 53
-------------------------------
Ordinance No. 6831
September 14, 2021
Page 2 of 3
WHEREAS, the Auburn City Council continues to support the long standing
purpose, function and structure of the Committee and only seeks to change the method
in which these efforts are funded; and
WHEREAS, Chapter 2.98 of the ACC and the operation of the BIA Committee will
remain consistent with Chapter 35.87A RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendments to Chapter 2.98 of the Auburn City Code. Sections
2.98.010, 2.98.020, and of the Auburn City Code are amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this Ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 20 of 53
-------------------------------
Ordinance No. 6831
September 14, 2021
Page 3 of 3
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: _____________________
CITY OF AUBURN
_______________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: ____________________
Page 21 of 53
Ordinance 6831
Exhibit A
PAGE 1 of 5
ORDINANCE 6831
EXHIBIT A
Chapter 2.98
AUBURN BUSINESS IMPROVEMENT AREA
Sections:
2.98.010 Business improvement area created.
2.98.020 Special assessment of businesses within BIA boundaryFunding allocation.
2.98.030 Purpose of BIA and special assessment expenditures.
2.98.040 Committee of rate payersBIA committee created.
2.98.050 Membership.
2.98.060 Appointment.
2.98.070 Officers – Meetings.
2.98.080 Compensation.
2.98.090 Role and responsibilities of the committee.
2.98.100 Annual reports of progress.
2.98.010 Business improvement area created.
A. There is created, pursuant to Chapter 35.87A RCW, a parking and business improvement area (BIA) with
a boundary as follows:
Beginning at the intersection of Auburn Way North and 5th Street NE; thence eastward along the alley lying betw een
and paralleling 6th Street NE and Park AV, for a distance of 200 feet from the centerline of Auburn Way North;
thence south, paralleling Auburn Way North and at a distance of 200 feet from the centerline of Auburn Way North,
to 1st Street NE; thence eastward along 1st Street NE to “E” Street NE; thence southward along “E” Street NE to East
Main Street; thence eastward along Main Street to “F” Street SE; thence south - ward along “F” Street SE to 2nd
Street SE; thence westward along 2nd Street SE to the mid-block point between “D” Street SE and Auburn Way
South; thence southward to the Burlington Northern Railroad tracks; thence westward along the Burlington Northern
Railroad tracks to “A” Street SE; thence northward along “A” Street SE to 3rd Street SE; thence westward along 3rd
Street SE and SW to the Burlington Northern Railroad tracks; thence northward along the Burlington Northern Rail
road tracks to 1st Street SW projected; thence westward along 1st Street SW to “D” Street SW; thence northward
along “D” Street SW and NW for a distance of 200 feet from the centerline of West Main Street; thence eastward,
paralleling Main Street and at a distance of 200 feet from the centerline of West Main Street, to the Burlington
Northern Railroad tracks; thence northward along the Burlington Northern Railroad tracks to 3rd Street NW; thence
eastward along 3rd Street NW and NE to “B” Street NE; thence northward along “B” Street NE for a distance of 200
feet from the centerline of 3rd Street NE; thence eastward, paralleling 3rd Street NE and at a distance of 200 feet from
Page 22 of 53
Ordinance 6831
Exhibit A
PAGE 2 of 5
the centerline of 3rd Street NE, to the alley running in a north/south direction and lying east of “B” Street NE and
west of Auburn AV; thence northward along the alley to 5th Street NE; thence eastward along 5th Street NE to
Auburn Way North, which is the beginning point (when a street or alley is named, the area boundary is the centerline
of the right-of-way).
B. Businesses within the BIA may be subject to special assessments that are authorized by RCW 35.87A.010.
(Ord. 6658 § 1, 2017.)
2.98.020 Special assessment of businesses within BIA boundaryFunding allocation.
A. To finance the activities authorized in ACC 2.98.030, there is levied and shall be collected an annual
special assessment upon the businesses in the area, determined as follows: a minimum of $90,000 per year
shall be allocated to the BIA that is collected from Business and Occupation taxes established in Chapter 3.53
ACC. The final budget allocation shall be determined through the formal city budget process.
1. All businesses operating within the BIA boundary shall pay a special assessment equal to the usable
square footage, excluding any basement space, owned or occupied by said business multiplied by a factor
of $0.15.
2. No business shall be assessed less than $150.00 nor more than $1,500 per year.
B. No special assessments shall be levied upon or collected from:The BIA committee may recommend to the
Auburn City Council collection of special assessments that are allowed under Chapter 35.87A RCW.
1. Organizations to which a charitable contribution may be made under the United States Internal
Revenue Code, 26 U.S.C. 170, with five or fewer full-time employees.
2. Governmental agencies and offices.
3. Businesses that occupy or use any leasable area within the geographic boundary of the BIA for a
period of less than 20 days per year.
4. Businesses that are owned by, or are a subsidiary or affiliate of, another business entity that is subject
to the special assessment, and are located wholly within the assessed business.
5. Businesses authorized by Chapter 18.60 ACC.
6. Businesses operating within a city-sponsored business incubator or business accelerator.
7. Businesses not required to obtain a business license under ACC Title 5.
Page 23 of 53
Ordinance 6831
Exhibit A
PAGE 3 of 5
C. Special assessments for businesses that own, but do not occupy, any leasable area shall be reduced by a
pro rata amount based on the square footage leased by any other assessed business.
D. New businesses commencing within the BIA area shall pay an initial annual assessment that is prorated
based on the time remaining in the year. (Ord. 6658 § 1, 2017.)
2.98.030 Purpose of BIA and special assessment expenditures.
A. The purpose of the BIA is to aid in general economic development and neighborhood revitalization within
the BIA boundary, and to facilitate the cooperation of merchants, businesses, and residential property owners
for the benefit of trade, economic vitality, and livability.
B. Assessment expenditures are limited to the following purposes:
1. The acquisition, construction or maintenance of parking facilities for the benefit of the neighborhood
within the BIA boundary;
2. Decoration of any place within the BIA boundary;
3. Sponsorship or promotion of public events which are to take place on, or in, public places within the
BIA boundary;
4. Furnishing of music in any public place within the BIA boundary;
5. Providing professional management, planning, and promotion for the neighborhood within the BIA
boundary;
6. Providing maintenance and security for common, public spaces within the BIA boundary; or
7. Providing transportation services for the benefit of the neighborhood within the BIA boundary. (Ord.
6658 § 1, 2017.)
2.98.040 Committee of rate payersBIA committee created.
There is created an advisory committee to be known as the committee of rate payersBIA (the committee). The
purpose of the committee is to serve in an advisory capacity to the city council. (Ord. 6658 § 1, 2017.)
Page 24 of 53
Ordinance 6831
Exhibit A
PAGE 4 of 5
2.98.050 Membership.
A. There shall be not more than seven members of the committee who shall be appointed by the mayor and
confirmed by the city council, and who shall serve at the pleasure of the city council; provided, that the mayor
may appoint up to four additional members to serve as alternates in the event of a committee member’s
absence.
B. The members shall be owners or operators of businesses located within the BIA boundary and shall be
selected to represent the variety of business types and geographic locations included within the BIA boundary.
(Ord. 6658 § 1, 2017.)
2.98.060 Appointment.
A. Committee members shall be appointed to a three-year term.
B. Upon the resignation of a committee member, removal by the city council, or expiration of a committee
member’s term, the committee shall make recommendations to the city council and the city council shall make
an appointment to fill the vacancy.
C. The committee, upon four unexcused absences, may recommend the removal of any committee member to
the city council. (Ord. 6658 § 1, 2017.)
2.98.070 Officers – Meetings.
A. At the first regular meeting of each year, the committee members shall elect a chairperson and vice-
chairperson from among the members of the committee.
B. It shall be the duty of the chairperson to preside over all meetings of the committee. The vice-chairperson
shall preside at all meetings where the chairperson is absent.
C. Minutes shall be kept and meeting agendas prepared in coordination between members of the committee
and staff members. A majority of the members of the committee shall constitute a quorum for the transaction
of business, and a majority vote of those present shall be necessary to make recommendations to the city
council.
D. All committee meetings shall be staffed by city of Auburn personnel to support and assist the committee.
Page 25 of 53
Ordinance 6831
Exhibit A
PAGE 5 of 5
E. All committee meetings shall be conducted in accordance with the committee’s adopted rules for the
transaction of business, and Robert’s Rules of Order or any other meeting procedures or guidelines authorized
by the city of Auburn shall be used for any subject not addressed within the committee’s adopted rules of
procedure. (Ord. 6658 § 1, 2017.)
2.98.080 Compensation.
The members of the committee shall serve without compensation except for reasonable travel expenses
associated with the performance of the committee member’s duties. (Ord. 6658 § 1, 2017.)
2.98.090 Role and responsibilities of the committee.
A. The committee shall, by resolution, fix the time and place within the city for regular meetings, and hold
additional meetings as the chairperson or a majority of the committee deems necessary.
B. The committee shall adopt rules for the transaction of business and keep a record of its resolutions,
transactions, findings, and determinations. These records shall be public and open to inspection.
C. The committee shall consider proposals for economic development and neighborhood revitalization
projects and programs consistent with the purposes listed in ACC 2.98.030, provide for public input and
submit comments in a timely manner to the mayor and city council, including an analysis of the extent to
which the committee’s recommendations will improve economic development or downtown revitalization.
(Ord. 6658 § 1, 2017.)
2.98.100 Annual reports of progress.
The committee chairperson and/or vice-chairperson shall annually provide to the city council a report on
progress made in carrying out the committee’s responsibilities. Additional reports may be submitted when
deemed appropriate by the committee or when requested by the city council. (Ord. 6658 § 1, 2017.)
Page 26 of 53
Exhibit B to Ordinance 6831
Page 27 of 53
Page 28 of 53
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6833 (Comeau)
Date:
September 14, 2021
Department:
Legal
Attachments:
Ordinance No. 6833
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6833.
Background for Motion:
During the COVID-19 pandemic the City has conducted all bid openings virtually. This
amendment will allow the City continue that practice and for the City Clerk to designate a staff
member to open the bids.
Background Summary:
To conform to current City practices that have been established during the COVID-19
pandemic and for other administrative reasons, ACC 3.12.030 should be revised to expand
the City officials authorized to conduct bid openings and the manner in which received bids
can be opened and read.
During the COVID-19 pandemic the City has conducted all bid openings virtually. This amendment
will allow the City continue that practice and for the City Clerk to designate a staff member to open
the bids.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Comeau
Meeting Date:September 20, 2021 Item Number:ORD.B
Page 29 of 53
--------------------------------
Ordinance No. 6833
September 14, 2021
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6833
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 3.12.030
OF THE AUBURN CITY CODE REGARDING THE OPENING
OF PUBLIC WORKS CONTRACT BIDS
WHEREAS, Auburn City Code (ACC) section 3.12.030 establishes the City’s
procedure for opening and reading bids received in response to formally advertised public
works contracts;
WHEREAS, to conform to current City practices that have been established
during the COVID-19 pandemic and for other administrative reasons, ACC 3.12.030
should be revised to expand the City officials authorized to conduct bid openings and
the manner in which received bids can be opened and read as required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 3.12.030 of the Auburn City
Code is amended to read as follows:
A. For contracts utilizing the formal advertisement process in ACC 3.12.020, the
City Clerk or designee shall open and publicly read aloud bids received at the
time, location and manner set forth in the contract advertisement. Unless
otherwise prohibited by law, the opening and reading may be conducted virtually.
B. For contracts subject to ACC 3.12.020.E, the city engineer shall determine
whether a public reading of received bids is required, and shall include the
determination in the invitation to bidders or request for quote documents.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 30 of 53
--------------------------------
Ordinance No. 6833
September 14, 2021
Page 2 of 2 Rev. 2019
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 31 of 53
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5619 (Gaub)
Date:
September 14, 2021
Department:
Public Works
Attachments:
Res olution No. 5619
Exhibit A
Vicinity/Project Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5619.
Background for Motion:
This resolution authorizes an agreement that will have Sound Transit contributing $340,000 to
the City’s A Street Loop Project as part of Sound Transit’s approach towards mitigating traffic
impacts associated with its project to construct a second parking garage in downtown Auburn.
Background Summary:
Resolution No. 5619 authorizes the Mayor to execute an agreement with Sound Transit in
which Sound Transit agrees to provide funding towards the City’s A Street Loop Project as
part of Sound Transit’s approach towards mitigating traffic impacts associated with its project
to construct a second parking garage in downtown Auburn. City staff developed this mitigation
approach in coordination with Sound Transit during the environmental review process for
Sound Transit’s project. Finalization of the agreement was previously put on hold by Sound
Transit as it went through a project realignment process to determine how to address budget
shortfalls in 2020 and 2021. The realignment process is now complete and Sound Transit
has determined to move forward with the project to construct the second garage in Auburn
(Auburn Station Parking and Access Improvement Project), which includes providing the
funding contribution to the City for the City’s A Street Loop Project. The second garage is
now anticipated to be complete in 2025.
This contribution results in the City’s A Street Loop project being fully funded with a
combination of the Sound Transit funds, $1.125M of secured federal grant funds, and
approximately $470k in collected City traffic impact fees for a total project cost of $1.932M.
The project will construct a connection between 4th Street SW/S Division Street and A Street
SE. It will provide a 1-way eastbound connection to southbound A Street SE that will allow
pedestrians, transit and other traffic from Auburn Station and downtown Auburn to by-pass the
congested intersections of A Street SE and 3rd Street SE and S Division Street and 3rd
Street SE/SW. The project is currently in design and is anticipated to be under construction in
2023.
Sound Transit is scheduled to consider approval of the funding agreement at their September 23rd
Page 32 of 53
Board meeting.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:September 20, 2021 Item Number:RES.A
Page 33 of 53
-----------------------------
Resolution No. 5619
9/14/2021
Page 1
RESOLUTION NO. 5619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF
AUBURN AND SOUND TRANSIT RELATING TO SOUND
TRANSIT’S AUBURN STATION PARKING AND ACCESS
IMPROVEMENT PROJECT AND THE CITY’S A STREET LOOP
PROJECT
WHEREAS, Sound Transit’s Auburn Station Parking and Access
Improvement Project (Sound Transit Project) will construct a second garage in
downtown Auburn; and
WHEREAS, the Sound Transit Project will generate additional vehicular
trips on streets in downtown Auburn; and
WHEREAS, the City of Auburn’s A Street Loop Project (City Project) will
construct improvements that provide additional vehicular capacity on streets in
downtown Auburn; and
WHEREAS, a February 13, 2020, Letter of Concurrence between Sound
Transit and the City of Auburn established an amount that Sound Transit will
contribute to the City of Auburn for the City Project, in lieu of providing traffic
mitigation identified in the Sound Transit Project National Environmental Policy
Act (NEPA)/Station Environmental Policy Action (SEPA) analysis; and
Page 34 of 53
-----------------------------
Resolution No. 5619
9/14/2021
Page 2
WHEREAS, implementation of the City Project is the most efficient
approach to mitigate certain traffic impacts that would be otherwise caused by
the Sound Transit Project and therefore, it is in the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk are authorized to execute 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.
//
//
//
Page 35 of 53
-----------------------------
Resolution No. 5619
9/14/2021
Page 3
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this _____ day of _________, 20 21.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Kendra Comeau,
City Attorney
Page 36 of 53
GA 0096-20 Page 1 of 16
FUNDING AGREEMENT
BETWEEN SOUND TRANSIT AND THE CITY OF AUBURN
AUBURN STATION PARKING & ACCESS IMPROVEMENT PROJECT’S
TRAFFIC MITIGATION
GA 0096-20
This funding agreement (“Agreement”) is entered into between the Central Puget Sound
Regional Transit Authority (“Sound Transit”), a regional transit authority created pursuant to
chapters 81.104 and 81.112 RCW, and the City of Auburn, a Washington municipal corporation
(“City”), sometimes collectively referred to as “Parties” or individually as “Party.”
WHEREAS, Sound Transit completed the National Environmental Policy Act (NEPA)/State
Environmental Policy Act (SEPA) Environmental Evaluation for the Auburn Station Parking &
Access Improvements Project in early 2020, which will serve Sounder commuter rail and bus
riders at Auburn Station.
WHEREAS, this Agreement follows a February 13, 2020 Letter of Concurrence between Sound
Transit and the City to establish a capped contribution amount that Sound Transit will contribute
to the City’s planned A Street Loop Project ("Project") in lieu of providing traffic mitigation
identified in the NEPA/SEPA analysis, which overlaps with the Sound Transit’s design plans for
the Auburn Station Parking & Access Improvements Project.
WHEREAS, The Parties desire to enter into this Agreement to set forth their respective
responsibilities and define details regarding the funding contribution that will optimize the
desired level of service for riders.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the Parties
agree to the following:
1. GENERAL
1.1. Project Description. The site of the proposed garage is in use as a surface parking lot
providing 120 spaces for City use and is bounded by 1st Street NW on the south, an
alleyway on the north, BNSF Railway on the west, and A Street NW on the east. As further
described in Exhibit A, Project Scope, the current design of Sound Transit’s proposed
garage includes five levels with a partial half level, providing up to 675 parking spaces;
120 spaces would replace parking for the existing surface lot and up to 555 spaces would
be available for transit users.
The following pedestrian, bicycle, and transit amenities are proposed adjacent to or near
the project site to enhance overall access to the Auburn Station:
• Adjacent to the project site, amenities include painted crosswalks, pedestrian
signals, lighting, and signage.
Resolution 5619 Exhibit A
Page 37 of 53
GA 0096-20 Page 2 of 16
• At the intersection of W Main Street and B Street NW, amenities would encourage
pedestrian safety and traffic calming (i.e., curb extensions, roadway
channelization, installation of rectangular rapid flashing beacons, crosswalks, and
ADA curb ramps).
• At the Auburn Station, planned bicycle improvements include modifications to
prepare for future increased bicycle storage.
• At five existing bus stops along routes that connect with the Auburn Station, new
bus shelters would be installed.
1.2. Environmental Evaluation. Complying with the State Environmental Policy Act (SEPA)
as lead agency, Sound Transit issued a Determination of Non-significance with Conditions
on January 29, 2020. Subsequently, the Federal Transit Administration (FTA) concurred
that the Project qualifies as a categorical exclusion as described in its National
Environmental Policy Act (NEPA) Rules on February 26, 2020.
1.3. Identified Project Mitigation. The Environmental Evaluation identified the need for traffic
mitigation at one signalized intersection owned by the City of Auburn: 3rd Street SE/A
Street SE intersection. It is projected to operate within its adopted level of service (LOS)
standard of LOS E during the PM peak period in the No- Build scenario and to exceed the
LOS standard in the Project scenario (LOS F) without mitigation in 2037. The proposed
mitigation at this intersection is to re-optimize the signal timings to meet its adopted LOS
standard, or contribute to other improvements agreed to with the City that mitigate project
impacts.
1.4. Contribution to other improvements. Sound Transit and the City of Auburn signed a letter
of concurrence (Exhibit D) in January 2020 to make a contribution to the City’s planned
“A Street Loop” project in lieu of adjusting signal timings at the 3rd Street SE/A Street
SE intersection.
1.5. Funding Disbursement and Environmental Review. Sound Transit will make a one-time
contribution in an amount not-to-exceed three hundred forty thousand dollars ($340,000)
to the City’s planned “A Street Loop” project shown in Exhibit A and as described in this
Agreement. The City will complete the appropriate environmental documentation for the
“A Street Loop” project as SEPA lead agency prior to receiving a contribution for the
project from Sound Transit. The City will provide Sound Transit an opportunity to review
and comment on the draft environmental documents before the City completes and issues
a SEPA determination for the Project. This action is intended to be completed prior to the
issuance of notice to proceed by Sound Transit of a Design-Build contract for the Auburn
Station Parking and Access Improvement project. Regardless if the notice to proceed of
a Design-Build contract for the Auburn Station Parking and Access Improvement project
has been issued, upon completion of the environmental review, the City will sign the
Environmental Review Certification (Exhibit B) and Sound Transit will provide the one-
time funding contribution to the City within 90-days of receipt of the signed
Environmental Review Certification from the City.
Resolution 5619 Exhibit A
Page 38 of 53
GA 0096-20 Page 3 of 16
1.6. Construction Schedule. The City shall complete construction of the Project before January
1, 2037, the year traffic impacts would result from the new garage. The City will use
Sound Transit's funding contribution to complete the traffic mitigation identified within
the NEPA/SEPA Environmental Evaluation or other appropriate mitigation measures as
agreed to by both parties if the A Street Loop project is not complete by 2037. 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 reporting requirements.
2. PROJECT MANAGEMENT
2.1 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 of Auburn
Ryan Vondrak
Capital and Construction Engineering
Manager
rvondrak@auburnwa.gov
SOUND TRANSIT
Zac Eskenazi
High Capacity Transit Development
Manager
Zachary.eskenazi@soundtransit.org
The Parties may change designated representatives by written notice to the other Party during the
term of the Agreement.
2.2 Reporting Requirements. The City is required to submit a Quarterly Progress Report to
Sound Transit’s Designated Representative. The report should provide a current status of
Project activities, in the reporting period, both current and upcoming. The report may
include supporting documentation (photos, City documentation, financial information,
etc.).
2.3 Operations and Maintenance. The City shall be responsible for all operations and
maintenance costs of the completed Project.
2.4 Signage. Any new identification signage that is placed after this Agreement goes into
effect and during the construction of the Project shall identify Sound Transit as a funding
partner.
3 INVOICING
Resolution 5619 Exhibit A
Page 39 of 53
GA 0096-20 Page 4 of 16
3.1 The City will submit an invoice for the one-time payment (See Exhibit C, Invoice
Template), along with the Environmental Review Certification (Exhibit B). The invoice
must include the Sound Transit purchase order number provided by Sound Transit.
3.2 The City will submit its invoice 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.
3.3 If Sound Transit determines that the 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.
4 TERM, SUSPENSION, AND TERMINATION
4.1 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.
4.2 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.
4.3 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.
5 INDEMNITY
5.1 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
Resolution 5619 Exhibit A
Page 40 of 53
GA 0096-20 Page 5 of 16
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 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.
5.2 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.
5.3 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.
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5.4 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.
6 AUDITS
6.1 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 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.
6.2 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.
7 INSURANCE
7.1 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 an evidence of coverage letter. 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
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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.
f) Professional Liability (if there is a potential professional liability exposure) in the
amount of one million dollars ($1,000,000) per claim.
7.2 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. The City’s membership in the Washington Cities
Insurance Authority (WCIA), a governmental self insured risk pool, shall satisfy all
conditions set forth in Section 6, Insurance, of this Agreement.
8 DISPUTE RESOLUTION
8.1 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.
8.2 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.
8.3 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
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GA 0096-20 Page 8 of 16
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 Executive Project Director in Design, Engineering and
Construction Management and the City’s Departmental Leads 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.
c. Level Three - Sound Transit’s Executive Director, Design, Engineering and
Construction Management or Designee and the City’s Department Director or
Designee shall meet to discuss and attempt to resolve the dispute in a timely manner.
8.4 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.
9 LEGAL PROVISIONS
9.1 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.
9.2 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.
9.3 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
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GA 0096-20 Page 9 of 16
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.
9.4 Public Records. Each Party shall be responsible for its own public records and public
records requests.
9.5 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. However, notice under Section 5, termination, must be delivered in person
or by certified mail, return receipt requested.
9.6 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.
9.7 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.
9.8 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.
9.9 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.
9.10 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.
9.11 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.
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GA 0096-20 Page 10 of 16
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:
CITY OF AUBURN
By:_______________________________
Date:_____________________________
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY (SOUND TRANSIT)
By:_____________________________________
Kimberly Farley, Deputy Chief Executive
Officer
Date:____________________________________
Approved as to form:
By:_____________________________________
Amy Jo Pearsall, Senior Legal Counsel
Exhibit List:
Exhibit A: Project Scope
Exhibit B: Environmental Review Certification
Exhibit C: Invoice Form
Exhibit D: Signed Letter of Concurrence
Resolution 5619 Exhibit A
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GA 0096-20 Page 11 of 16
Exhibit A: Project Description
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Exhibit B: Environmental Review Certification
Auburn Station Traffic Mitigation
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 and issued the following project-level environmental review
documentation and conducted the appropriate public comment (check at least one):
☐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 City of Auburn Representative Authorized SEPA Responsible Official
Sound Transit’s office of Environmental Affairs and Sustainability has reviewed the provided
documents checked above and authorizes the following:
☐ Disbursement of funds to the City of Auburn
Signature of Sound Transit Corridor Environmental Manager
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GA 0096-20 Page 13 of 16
Exhibit: C
Invoice Form
Invoice No. _____ Dated: _________
TO: Sound Transit
accountspayable@soundtransit.org
Attention: Accounts Payable and [Sound Transit’s Designated Representative]
Re: FUNDING AGREEMENT FOR AUBURN STATION TRAFFIC MITIGATION,
GA 0096-20
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.
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.
The City
By: __________________________________ Date: _________________
[Name, Position]
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Exhibit D: Letter of Concurrence
Resolution 5619 Exhibit A
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Resolution 5619 Exhibit A
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Resolution 5619 Exhibit A
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1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
A Street Loop Project 9/14/2021Printed 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.
Proposed One-Way Loop to A Street
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