HomeMy WebLinkAbout11-15-2021 City Council Agenda (1)City Council Meeting
Nov ember 15, 2021 - 7:00 P M
City Hall Council Chambers and Virtual
A GE NDA
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I .C AL L T O O RD E R
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday, November 15, 2021 at
7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
To attend the meeting virtually please click one of the below links, enter the
meeting I D into the Z oom app, or call into the meeting at the phone number listed
below. The link to the Virtual Meeting is:
Z oom: https://us06web.zoom.us/j/82118535756
T he public can also view the meeting on YouTube:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To join the meeting by phone, please use the below call-in information:
253 215 8782
877 853 5257 (Toll Free)
Webinar I D: 821 1853 5756
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 .P roclamation - Small B usiness S aturday
Mayor Backus to proclaim November 28, 2021 as "S mall Business Saturday" in the
City of Auburn
B .P roclamation - G I S Day
Mayor Backus to proclaim November 17, 2021 as "G I S Day" in the City of Auburn
I V.NE W B US I NE S S
Page 1 of 182
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing I n P erson or Virtual P articipation
Any interested person is invited to attend the public meeting or submit written
comments regarding the 2021-2022 Mid-Biennial Budget Amendment. A ll written
comments must be received prior to 5:00 p.m. on November 15, 2021.
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
2.2021-2022 Mid-Biennial Budget Amendment P ublic
Hearing
Public Hearing - 2021-2022 Mid-B iennial B udget A mendment
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.T he public can participate in-person or submit written
comments in advance.
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
Page 2 of 182
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the October 25, 2021 S tudy S ession
B .Minutes of the November 1, 2021 Regular Council Meeting
C.Claims Vouchers (Thomas)
Claim voucher list dated November 15, 2021 which includes voucher numbers 465613
through 465798 in the amount of $1,509,055.64 and six wire transfers in the amount of
$1,109,462.46
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539216 through 539221 in the amount of $77,107.40,
electronic deposit transmissions in the amount of $2,242,511.03, for a grand total of
$2,319,618.43 for the period covering October 27, 2021 to November 9, 2021 are
approved for payment this 15th, day of November, 2021
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.O RD INANC E S
A .Ordinance No. 6837 (T homas)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget
Ordinance, as set forth in S chedule “A” and Schedule “B ”
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6837.)
B .Ordinance No. 6838 (Tate)
A n Ordinance relating to the regulation of land uses on and surrounding the Auburn
Municipal Airport, amending Chapters 18.38 and 18.04, and S ections 18.01.030 and
18.23.030 of the A uburn City Code; and, amending the Comprehensive Zoning Map
creating a new airport overlay
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6838.)
Page 3 of 182
C.Ordinance No. 6842 (T homas)
A n Ordinance establishing the L evy for Regular P roperty Taxes by the City of Auburn
for collection in 2022 for general City operational purposes in the amount of
$23,897,840
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6842.)
X .RE S O L UT IO NS
A .Resolution No. 5623 (Comeau)
A Resolution authorizing the Mayor to execute an A ccess E asement in favor of K ing
County for access across a portion of City owned property – Tract E of Auburn 40 P.
U. D.
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5623.)
B .Resolution No. 5626 (Gaub)
A Resolution setting a P ublic Hearing to consider the vacation of right-of-way of a
portion of West Main S treet, east of L und Road S W, within the City of Auburn
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5626.)
C.Resolution No. 5628 (Tate)
A Resolution adopting the 2022 Community Development B lock Grant A ction Plan for
the consolidated plan years 2020-2024
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5628.)
D.Resolution No. 5631 (Thomas)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the Department of E cology to implement the 2021-2023 L ocal Solid
Waste Financial Assistance Grant P rogram and accepting program grant funds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5631.)
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
2021-2022 Mid-Biennial Budget Amendment Public Hearing
Date:
November 5, 2021
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council to conduct a public hearing on November 15, 2021 to receive public comments,
proposals and suggestions with regard to the 2021-2022 Mid-Biennial Budget Amendment,
including revenue estimates and possible increases in property taxes.
Background for Motion:
Background Summary:
This public hearing provides an opportunity for any citizens to make comments, proposals,
and suggestions regarding the 2021-2022 Mid-Biennial Budget Amendment.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 15, 2021 Item Number:PH.2
Page 5 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 25, 2021 Study Session
Date:
November 1, 2021
Department:
City Council
Attachments:
10-25-2021 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:November 15, 2021 Item Number:CA.A
Page 6 of 182
City Council Study Session P W C D S FA
October 25, 2021 - 5:30 P M
City Hall Council Chambers and Virtual
MINUT E S
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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 .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and 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, Director of I nnovation and Technology David Travis,
I nnovation and Technical Support S pecialist Danika Olson and Deputy
City Clerk Teresa Mattingly were in Chambers.
The following department directors and staff members attended the
meeting virtually: City Attorney Kendra Comeau, Director of Administration
Dana Hinman, Director of Public Works I ngrid Gaub, Director of
Community Development J eff Tate, Director of F inance J amie T homas,
Director of Parks, Arts and Recreation Daryl Faber, Chief of Police Mark
Caillier, A ssistant Director of E ngineering Services J acob Sweeting,
Utilities E ngineering Manager L isa Tobin, Development Engineer Manager
S teve Sturza, Senior Traffic Engineer J ames Webb, S enior Planner
Dustin L awrence and A ssistant 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 4Page 7 of 182
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 .A uburn S chool District Presentation (Tate/Gaub)(30 Minutes)
J oint presentation by the A uburn S chool District and City of A uburn staff pertaining to a
general overview of the development and/or redevelopment of schools within the city
and a presentation on a planned roundabout at Chinook E lementary School and the
City’s future widening project
Director Tate introduced Executive Director of Capital P rojects J effrey
Grose with the A uburn S chool District and City of A uburn E ngineer J ames
Webb who provided Council with a presentation on the Auburn School
District B uilding Program and the roundabout at Chinook E lementary.
E ngineer Webb reviewed the S R164 Roundabout at Chinook E lementary.
Council discussed school capacities, environmental programs, parking and
charging stations, the amount of work done by union workers, traffic
congestion on K ersey Way, if there are any Native American art elements
included in the designs, road closures, traffic signals, roundabout
treatments and W S D O T roundabout requirements. Council also thanked
J effrey Grose and everyone who worked on the A uburn S chool District
B uilding Program and roundabouts for doing such a great job.
B .Ordinance No. 6836 (T homas)(15 Minutes)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget,
as amended by Ordinance No. 6815, as amended by Ordinance No. 6827, authorizing
amendment to the City of A uburn 2021-2022 Budget as set forth in S chedule “A” and
S chedule “B”
Director T homas provided Council with an update on Ordinance No. 6836
B udget A mendment #3, Ordinance No. 6837 B udget A mendment #4 and
Ordinance No. 6842 establishing the 2022 P roperty Tax L evy.
Council discussed the amount of funds and additional support needed
when the A xon contract and body worn cameras are implemented, the
increase in the S C O R E contract, the decrease in the Business and
Occupation Tax, and the costs related to contracted security officers for
2021 and 2022.
Mayor Backus discussed the additional staff needed to respond to public
records requests that include body worn cameras and how the costs
related to the S C O R E contract is divided amongst the different Cities.
C.Ordinance No. 6837 (T homas)(15 Minutes)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget
Ordinance, as set forth in S chedule “A” and Schedule “B ”
A revised version of Schedule A for Ordinance No. 6837 has been
Page 2 of 4Page 8 of 182
provided to Council.
S ee Ordinance No. 6836 for discussion.
D.Ordinance No. 6842 (T homas)(10 Minutes)
A n Ordinance establishing the levy for Regular P roperty Taxes by the City of Auburn
for collection in 2022 for general City operational purposes in the amount of
$23,917,282
S ee Ordinance No. 6836 for discussion.
V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .K ing County Clean Water P lan (Gaub)(15 Minutes)
Deputy Mayor DaCorsi called for a 6-minute recess at 7:44 p.m. T he meeting
reconvened at 7:51 p.m.
Councilmember S tearns presided over the P ublic Works and Community
Development section of the meeting.
Director Gaub introduced Manager Tobin who provided Council with a brief
overview on the K ing County Clean Water P lan.
Council discussed the financial impacts of the Clean Water P lan.
B .P lanning S ervices E nvironmental Regulation Series – P resentation 4 of 6 on
Floodplain Development Permitting (Tate)(30 Minutes)
P lanning S ervices staff to provide presentation on the administration of floodplain
development regulations and floodplain development permitting. T his presentation is
part four of a six part series focusing on environmental regulation within the City of
A uburn
Director Tate introduced Planner L awrence who provided Council with an
update on the Floodplain Development Management.
Council discussed future trends, flooding around I saac Evans Park,
potential flood mitigation, previous flood events and flooding at the golf
course.
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 3 of 4Page 9 of 182
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 8:35 p.m.
A P P R O V E D this 15th day of November, 2021.
____________________________ _______________________________
C L A UD E D A C O R S I , D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(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 10 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the November 1, 2021 Regular Council Meeting
Date:
November 1, 2021
Department:
City Council
Attachments:
11-01-2021 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:November 15, 2021 Item Number:CA.B
Page 11 of 182
City Council Meeting
Nov ember 1, 2021 - 7:00 P M
City Hall Council Chambers and 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 .P UB L I C PART I C IPAT IO N
1.Public Participation
T he City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet 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, Director of I nnovation and Technology David Travis,
I nnovation and Technical Support S pecialist Danika Olson and City Clerk
S hawn Campbell were in Chambers.
The following department directors and staff members attended the
meeting virtually: City Attorney Kendra Comeau, Director of P ublic Works
I ngrid Gaub, Director of P arks and Recreation Daryl F aber, Director of
Finance J amie Thomas, Director of Community Development J eff Tate,
Director of Human Resources & Risk Management Candis Martinson,
Chief of Police Mark Caillier, Community S ervices Manager J oy Scott and
A ssistant 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 .P roclamation - Native A merican Heritage Month
Mayor Backus to proclaim November 2021 as "Native American Heritage Month" in the
City of Auburn
Mayor Backus read and proclaimed November 2021 as "Native American
Heritage Month" in the City of A uburn.
Page 1 of 5Page 12 of 182
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.Public Hearing I n P erson or Virtual P articipation
2.2021-2022 Mid-Biennial Budget Amendment P ublic
Hearing
Public Hearing #1 - 2021-2022 Mid-B iennial B udget A mendment
Public Hearing #2 - 2022 Property Tax L evy
Mayor B ackus opened the public hearing for the 2021-2022 Mid-
Biennial Budget Amendment at 7:05 p.m. No written comments were
received and no one came forward to speak, she closed the hearing.
Mayor B ackus opened the public hearing for the 2022 Property Tax
L evy at 7:06 p.m. No written comments were received and no one
came forward to speak, she closed the hearing.
3.Public Hearing for the 2022 Community Development
Block Grant Annual Action P lan
City Council to hold a Public Hearing for the proposed 2022 Community
Development B lock Grant A nnual A ction Plan
Mayor B ackus opened the public hearing at 7:07 p.m. No written
comments were received and no one came forward to speak, she
closed the hearing.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
No P ublic comments were received and no one came forward to
speak.
Page 2 of 5Page 13 of 182
C.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 October 11, 2021 Study Session
B .Minutes of the October 18, 2021 Regular City Council Meeting
C.Claims Vouchers (Thomas)
Claim voucher list dated November 1, 2021 which includes voucher numbers 465404
through 465612 in the amount of $1,321,903.49 and five wire transfers in the amount of
$274,824.49
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539212 through 539215 in the amount of $526,865.09,
electronic deposit transmissions in the amount of $2,160,708.45, and a special payroll
electronic deposit in the amount of $1,545.14, for a grand total of $2,689,118.68 for
the period covering October 14, 2021 to October 26, 2021 are approved for payment
this 1st, day of November, 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. 7-0
I X.UNF INIS HE D B US I NE S S
There was no unfinished business.
Page 3 of 5Page 14 of 182
X .O RD INANC E S
A .Ordinance No. 6836 (T homas)
A n Ordinance amending Ordinance No. 6794, the 2021-2022 B iennial Operating
B udget Ordinance, and Ordinance No. 6796, the 2021-2022 Biennial Capital Budget,
as amended by Ordinance No. 6815, as amended by Ordinance No. 6827, authorizing
amendment to the City of A uburn 2021-2022 Budget as set forth in S chedule “A” and
S chedule “B”
Councilmember B aggett moved and Councilmember Brown seconded to
adopt Ordinance No. 6836.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I .RE S O L UT IO NS
A .Resolution No. 5629 (Gaub)
A Resolution authorizing the Mayor to execute a right of entry and site access
agreement between the City of Auburn and the Washington State Department of
Transportation relating to the Mill Creek Ditch
Councilmember S tearns moved and Councilmember B rown seconded to
adopt Resolution No. 5629.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5630 (Caillier)
A Resolution declaring an A uburn P olice Department canine as surplus property and
approving its transfer to a purchaser by contract
Councilmember J eyaraj moved and Councilmember Mulenga seconded to
adopt Resolution No. 5630.
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
Councilmember Trout-Manuel reported she attended the Trunk-or-Treat
E vent at L es Gove P ark.
Councilmember B aggett reported he attended the Sound Cities
A ssociation Regional Transit Committee meeting.
Page 4 of 5Page 15 of 182
Councilmember S tearns reported he met with the director of the A ttorney
General’s Office for the Washington State Missing and Murdered
I ndigenous Women and P eople (MMI W /P) Task F orce.
B .From the M ayor
Mayor Backus encouraged everyone to vote tomorrow, November 2nd.
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 7:20 p.m.
A P P R O V E D this 15th day of November, 2021.
____________________________ ____________________________
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 5 of 5Page 16 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
October 27, 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 November 15, 2021 which includes voucher numbers 465613
through 465798 in the amount of $1,509,055.64 and six wire transfers in the amount of
$1,109,462.46.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 15, 2021 Item Number:CA.C
Page 17 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
October 27, 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 539216 through 539221 in the amount of $77,107.40, electronic
deposit transmissions in the amount of $2,242,511.03, for a grand total of $2,319,618.43 for
the period covering October 27, 2021 to November 9, 2021 are approved for payment this
15th, day of November, 2021.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 15, 2021 Item Number:CA.D
Page 18 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6837 (Thomas)
Date:
November 5, 2021
Department:
Finance
Attachments:
Ordinance No. 6837
Memo
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6837.
Background for Motion:
The Mid-Biennial Budget amendment will adjust the 2022 realign significant revenue
sources; increase the budget for previously approved programs; adjust the projected 2022
beginning fund balances and increase the budget for new programs, which includes
adding 4 new Full Time Employees (FTEs) and 1 new Limited Term Employee (LTEs).
Background Summary:
Budget Amendment #4 represents the fourth budget amendment for the 2021-2022
biennium and the first budget amendment for 2022. For details, see the attached transmittal
memorandum and supporting materials.
Note that one item has changed from the public hearing on October 25, 2021: the request for
a Security Officer at City Hall, the Annex, and Les Gove campus has been changed to be
contracted security. This change is noted in red in both the transmittal memo and Schedule A.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 15, 2021 Item Number:ORD.A
Page 19 of 182
Ordinance No. 6837
October 20, 2021
Page 1 of 2
ORDINANCE NO. 6837
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6794, THE 2021-2022 BIENNIAL OPERATING BUDGET
ORDINANCE, AND ORDINANCE NO. 6796, THE 2021-2022
BIENNIAL CAPITAL BUDGET ORDINANCE, AS SET FORTH
IN SCHEDULE “A” AND SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of November 16,
2020, adopted Ordinances Nos. 6794 and 6796 which adopted the City of Auburn
2021-2022 biennial operating and capital budgets; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2022 budget as outlined in this Ordinance (BA#4);
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 2021-2022 Biennial Budget. The 2021-
2022 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 20 of 182
Ordinance No. 6837
October 20, 2021
Page 2 of 2
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:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: _________________
Page 21 of 182
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: October 12, 2021
Re: Ordinance #6837 – 2021-2022 Budget Amendment #4 -- AMENDED
The City’s biennial 2021-2022 budget was approved by Council as two one-year appropriations. Budget
Amendments #1 through #3 amended the budget for calendar year 2021. This amendment will be the fourth
budget amendment for the biennium and the first budget amendment for calendar year 2022. The purpose
of this budget amendment is to:
1. Realign significant revenue sources;
2. Adjust projected 2022 beginning fund balance to reflect budget amendments made in 2021;
3. Adopt the continuation of previously-approved requests for ongoing expenditures;
4. Adjust capital project budgets to match the 2022-2025 Capital Facilities Plan (CFP); and
5. Add budget authority for new programs and other expected changes in 2022.
Realign Significant Revenue Sources. With new legislation and policies adopted throughout 2021, and
three quarters of revenue collection data for 2021, there is an opportunity to fine-tune revenue projections for
2022. Total General Fund revenue adjustments would result in a net reduction of $652,000 and include:
• Sales and use tax increase $ 2,500,000
• Business & Occupation tax reduction to reflect delays in implementation −4,300,000
• Streamlined sales tax mitigation increase due to legislative extension through 2022 1,000,000
Adopt the continuation of previously approved requests by Council. Amend the 2022 budget for
changes adopted in 2021 for which there is an ongoing fiscal impact in 2022. Items in this category
were previously approved by Council in 2021. In total, these items would increase budgeted 2022
expenditures by about $1.1 million, and include:
• Utility tax increase to reflect higher City tax rate $ 2,242,900
• Reduced budget for lead service line replacement project (moved to 2021) − 1,600,000
• Net reduction in debt service on 2020 LTGO A&B refunding bonds − 695,400
• Axon contract for body camera hardware and software 427,500
• Reduction in Airport debt service due to change in funding for hangar project − 336,300
• Increased budget for homeless sheltering by the Auburn Food Bank 275,000
• Operating budget for the Auburn Community Resource Center 150,900
• Limited Term Employee: Recruitment Coordinator 137,000
Page 22 of 182
• Limited Term Employee: Grants Coordinator (ARPA-funded) 132,000
• Limited Term Employee: Accounting Specialist 116,700
• Contracted Security at City Hall, the Annex, and Les Gove campus 112,000
Adjust capital project budgets. Represent changes to project budgets to align with the updated
2022-2027 Capital Facilities Plan (CFP) that is scheduled to be adopted in December, excluding
unspent capital project budgets from 2021 that are automatically carried forward into 2022 due to the
adoption of multi-year capital budgeting, as authorized in Ordinance No. 6682 (June 2018). The net
increase due to these proposed adjustments is $4.2 million.
Significant project adjustments included in this budget amendment include:
• Funding for North Airport storm improvements (cp2102) $ 946,000
• Incr. budget for sidewalk repair and improvements (ARPA and fee funded) 850,000
• Incr. budget for Neighborhood Street Lighting Program (ARPA funded) 500,000
• Net increase for Airport hangar project 439,100
• Funding for North Airport stormwater system improvements (cp2118) 435,000
• Budget for City Hall Annex customer service center reconfiguration 350,000
• Incr. budget for Neighborhood Traffic Safety Program (ARPA and REET funded) 250,000
Add budget authority for new programs and other expected changes in 2022.These include
requests for new full-time employees (FTEs), increased funding for existing programs, and funding
requests for new projects or programs. These requests, which total $1.9 million, include:
• Four new FTEs to provide support for body cameras $ 479,200
• Two new FTEs for an in-house litter crew 267,500
• New FTE: Outreach Coordinator 141,600
• Supplement the existing human services contracts budget (ARPA funded) 160,000
• Incr. Golf Course maintenance, inventory, and supplies budget (revenue funded) 105,000
Adjustments of 2022 beginning fund balance due to 2021 budget amendments. Each approved
budget amendment in 2021 (in BA #1, BA#2, and proposed BA#3) that amended the 2021 budgeted ending
fund balance also affects the budgeted 2022 beginning fund balance. These adjustments, which affect most
funds, increase 2022 budgeted fund balance by $18.8 million.
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2022 Budget as Amended
2022 Adopted Budget $ 326,609,691
Budget Amendment #4 (Ord #6837) 20,294,437
2022 Budget as Amended $ 346,904,128
Attachments:
Proposed Ordinance # 6837 (Budget Amendment #4)
Summary of 2022 Budget Adjustments by Fund (Schedule A)
Summary of 2022 ending fund balance/working capital by fund (Schedule B)
Page 23 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
General Fund (#001)
2022 Adopted Budget 10,524,785 81,938,250 85,605,016 6,858,019
BA#4 (Ordinance #6837, Proposed):6,891,448 (106,600) 2,778,300 4,006,548
General Fund Revenues:
Move lease revenues from Facilities to General Fund [BA#3]- 108,000 - 108,000
Budget for ACRC lease revenues from the Auburn Food Bank [BA#3]- 40,000 - 40,000
Adjust sales tax, B&O tax, and streamlined sales tax mitigation revenues - (800,000) - (800,000)
Mayor/Council:
New Full-Time Employee (FTE): Outreach Coordinator - - 141,600 (141,600)
Human Resources Department:
Funds to certify Human Resources staff to allow for more internally-run training - - 50,000 (50,000)
Increase funding to improve the recruitment process using a DEI lens - - 100,000 (100,000)
Continue Limited Term Employee (LTE): Recruitment Coordinator [BA#3]- - 137,000 (137,000)
City Attorney's Office:
Ongoing incr to Auburn Food Bank sheltering budget for homeless persons [BA#2]- - 275,000 (275,000)
Ongoing budget for operation of the Auburn Consolidated Resource Center [BA#2]- - 150,900 (150,900)
Ongoing incr to budget to respond to civil judgments, subpoenas, etc. [BA#1]- - 25,000 (25,000)
Four new FTEs to provide support for body cameras and Axon contract for 2022 - - 906,700 (906,700)
Community Development Department:
Ongoing budget for eCityGov Alliance annual subscription (fee supported) [BA#2]- - 65,000 (65,000)
Use of ARPA funds to supplement the existing Human Services contracts budget - 160,000 160,000 -
Adjust SKHHP budget to reflect adopted 2022 budget - 25,400 25,400 -
Finance Department:
Continue Limited Term Employee (LTE): Accounts Receivable Specialist [BA#3]- - 116,700 (116,700)
Continue Limited Term Employee (LTE): Grants Coordinator (ARPA funded) [BA#3]- 132,000 132,000 -
Public Works Department:
Ongoing increase in budget for signal system repair and maintenance [BA#1]- 50,000 50,000 -
Convert part-time temp GIS Technician position to LTE (GF, F430, F431, F432)- - 15,000 (15,000)
Fund analysis and modeling to update the Comprehensive Transportation Plan - - 100,000 (100,000)
Parks Department:
Update the Parks, Arts and Recreation Plan required by the GMA - - 50,000 (50,000)
Increase contracted landscaping work within public right-of-ways - - 100,000 (100,000)
Recreation access grants to impacted communities (ARPA funded)- 50,000 50,000 -
Increase Golf Course repair and maintenance, inventory, and supplies budgets - 105,000 105,000 -
King County Veterans, Seniors and Human Services levy (grant funds)- 23,000 23,000 -
ERROR: Detail ≠ Schedule A
Page 1 of 12 11/4/2021 6:57 AM
Page 24 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Streets Department:
Move funds to F102 for Roadway Channelization Refreshment project - - - -
001.42.542.300.41 PROFESSIONAL SERVICES (200,000)
001.98.597.100.55 OPERATING TRANSFERS OUT 200,000
Non-Departmental:
Adjust beginning fund balance for budget amendments in 2021 6,891,448 - - 6,891,448
Revised 2022 Budget - Fund 001 17,416,233 81,831,650 88,383,316 10,864,567
Arterial Street Fund (#102)
2022 Adopted Budget 427,309 5,778,300 5,892,400 313,209
BA#4 (Ordinance #6837, Proposed):129,821 315,000 515,000 (70,179)
Adjust beginning fund balance for budget amendments in 2021 129,821 - - 129,821
Move funds and increase budget for Roadway Channelization Refreshment project - 200,000 350,000 (150,000)
Increase budget for the Non-Motorized Safety Program - - 50,000 (50,000)
Replace traffic impact fee funding for A St. Loop project with Sound Transit funds - 40,000 40,000 -
Grant revenue and expenditure for Arterial & Pedestrian Bicycle Safety program - 75,000 75,000 -
Revised 2022 Budget - Fund 102 557,130 6,093,300 6,407,400 243,030
Local Street Fund (#103)
2022 Adopted Budget 1,318,428 1,660,500 1,664,500 1,314,428
BA#4 (Ordinance #6837, Proposed):709,525 - - 709,525
Adjust beginning fund balance for budget amendments in 2021 709,525 - - 709,525
Revised 2022 Budget - Fund 103 2,027,953 1,660,500 1,664,500 2,023,953
Hotel/Motel Tax Fund (#104)
2022 Adopted Budget 187,276 168,900 177,110 179,066
BA#4 (Ordinance #6837, Proposed):90,521 - - 90,521
Adjust beginning fund balance for budget amendments in 2021 90,521 - - 90,521
Revised 2022 Budget - Fund 104 277,797 168,900 177,110 269,587
Page 2 of 12 11/4/2021 6:57 AM
Page 25 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Arterial Street Preservation Fund (#105)
2022 Adopted Budget 1,514,104 2,058,800 2,135,000 1,437,904
BA#4 (Ordinance #6837, Proposed):(71,451) - - (71,451)
Adjust beginning fund balance for budget amendments in 2021 (71,451) - - (71,451)
Revised 2022 Budget - Fund 105 1,442,653 2,058,800 2,135,000 1,366,453
American Rescue Plan Act Fund Fund (#106)
2022 Adopted Budget - - - -
BA#4 (Ordinance #6764, Proposed):5,416,700 - 1,970,000 3,446,700
Adjust beginning fund balance for budget amendments in 2021 5,416,700 - - 5,416,700
Use of ARPA funds to supplement the existing Human Services contracts budget - - 160,000 (160,000)
Increase budget for Neighborhood Traffic Safety Program (ARPA & REET funding)- - 200,000 (200,000)
Increase sidewalk repair & improvement project budgets (ARPA and fee funded)- - 800,000 (800,000)
Increase Neighborhood Street Lighting Program budget (ARPA funded)- - 500,000 (500,000)
Recreation access grants to impacted communities (ARPA funded)- - 50,000 (50,000)
Minor improvements to qualifying neighborhood parks (ARPA funded)- - 75,000 (75,000)
Repair or replace Dykstra Footbridge (ARPA funded)- - 50,000 (50,000)
Continue Limited Term Employee (LTE): Grants Coordinator (ARPA funded) [BA#3]- - 135,000 (135,000)
Revised 2022 Budget - Fund 106 5,416,700 - 1,970,000 3,446,700
Drug Forfeiture Fund (#117)
2022 Adopted Budget 612,573 148,000 356,531 404,042
BA#4 (Ordinance #6837, Proposed):(53,266) - - (53,266)
Adjust beginning fund balance for budget amendments in 2021 (53,266) - - (53,266)
Revised 2022 Budget - Fund 117 559,307 148,000 356,531 350,776
Housing & Comm Develop Fund (#119)
2022 Adopted Budget 42,904 600,000 600,000 42,904
BA#4 (Ordinance #6837, Proposed):(579) - - (579)
Adjust beginning fund balance for budget amendments in 2021 (579) - - (579)
Revised 2022 Budget - Fund 119 42,325 600,000 600,000 42,325
Page 3 of 12 11/4/2021 6:57 AM
Page 26 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Recreation Trails Fund (#120)
2022 Adopted Budget 87,125 7,700 - 94,825
BA#4 (Ordinance #6837, Proposed):2,287 - - 2,287
Adjust beginning fund balance for budget amendments in 2021 2,287 - - 2,287
Revised 2022 Budget - Fund 120 89,412 7,700 - 97,112
BIA Fund (#121)
2022 Adopted Budget 62,025 55,400 90,000 27,425
BA#4 (Ordinance #6837, Proposed):73,070 - - 73,070
Adjust beginning fund balance for budget amendments in 2021 73,070 - - 73,070
Revised 2022 Budget - Fund 121 135,095 55,400 90,000 100,495
Cumulative Reserve Fund (#122)
2022 Adopted Budget 6,484,315 80,000 1,950,000 4,614,315
BA#4 (Ordinance #6837, Proposed):4,196,829 - - 4,196,829
Adjust beginning fund balance for budget amendments in 2021 4,196,829 - - 4,196,829
Revised 2022 Budget - Fund 122 10,681,144 80,000 1,950,000 8,811,144
Mitigation Fees Fund (#124)
2022 Adopted Budget 9,372,642 1,161,900 5,851,450 4,683,092
BA#4 (Ordinance #6837, Proposed):(1,476,597) - (300,000) (1,176,597)
Adjust beginning fund balance for budget amendments in 2021 (1,476,597) - - (1,476,597)
Replace traffic impact fee funding for A St. Loop project with Sound Transit funds - - (300,000) 300,000
Revised 2022 Budget - Fund 124 7,896,045 1,161,900 5,551,450 3,506,495
Page 4 of 12 11/4/2021 6:57 AM
Page 27 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
City Hall Annex 2010 A&B Bond Fund (#230)
2022 Adopted Budget 4,489 1,637,300 1,637,300 4,489
BA#4 (Ordinance #6837, Proposed):(4,489) (1,637,300) (1,637,300) (4,489)
Move debt service on 2010 debt to 2020 LTGO A&B Refunding Bonds Fund [BA#2]- (1,637,300) (1,637,300) -
Adjust beginning fund balance for budget amendments in 2021 (4,489) - - (4,489)
Revised 2022 Budget - Fund 230 - - - -
Local Revitalization 2010 C&D Bond Fund (#231)
2022 Adopted Budget 33,863 567,370 567,100 34,133
BA#4 (Ordinance #6837, Proposed):(33,863) (567,370) (567,100) (34,133)
Adjust beginning fund balance for budget amendments in 2021 (33,863) - - (33,863)
Move debt service on 2010 debt to 2020 LTGO A&B Refunding Bonds Fund [BA#2]- (567,370) (567,100) (270)
Revised 2022 Budget - Fund 231 - - - -
2020 LTGO A&B Refunding Bonds Fund (#232)
2022 Adopted Budget - - - -
BA#4 (Ordinance #6764, Proposed):102,828 2,204,670 1,509,250 798,248
Adjust beginning fund balance for budget amendments in 2021 102,828 - - 102,828
Move debt service on 2010 debt to 2020 LTGO A&B Refunding Bonds Fund [BA#2]- 2,204,670 1,509,250 695,420
Revised 2022 Budget - Fund 232 102,828 2,204,670 1,509,250 798,248
LID Guarantee Fund (#249)
2022 Adopted Budget 1,679 10 - 1,689
BA#4 (Ordinance #6837, Proposed):7 - - 7
Adjust beginning fund balance for budget amendments in 2021 7 - - 7
Revised 2022 Budget - Fund 249 1,686 10 - 1,696
Page 5 of 12 11/4/2021 6:57 AM
Page 28 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
LID 350 Fund (#275)
2022 Adopted Budget 1,363 10 - 1,373
BA#4 (Ordinance #6837, Proposed):794 - - 794
Adjust beginning fund balance for budget amendments in 2021 794 - - 794
Revised 2022 Budget - Fund 275 2,157 10 - 2,167
Parks Construction Fund (#321)
2022 Adopted Budget 1,031,996 3,483,950 3,730,050 785,896
BA#4 (Ordinance #6837, Proposed):(177,301) 125,000 125,000 (177,301)
Adjust beginning fund balance for budget amendments in 2021 (177,301) - - (177,301)
Minor improvements to qualifying neighborhood parks (ARPA funded)- 75,000 75,000 -
Repair or replace Dykstra Footbridge (ARPA funded)- 50,000 50,000 -
Revised 2022 Budget - Fund 321 854,695 3,608,950 3,855,050 608,595
Capital Improvements Fund (#328)
2022 Adopted Budget 4,037,304 3,109,910 3,689,210 3,458,004
BA#4 (Ordinance #6837, Proposed):3,027,711 1,550,000 1,950,000 2,627,711
Adjust beginning fund balance for budget amendments in 2021 3,027,711 - - 3,027,711
Increase sidewalk repair & improvement project budgets (ARPA and fee funded)- 850,000 850,000 -
Increase budget for Neighborhood Traffic Safety Program (ARPA & REET funding)- 200,000 250,000 (50,000)
Increase Neighborhood Street Lighting Program budget (ARPA funded)- 500,000 500,000 -
Reconfigure City Hall Annex 2nd floor customer service center (REET funded)- - 350,000 (350,000)
Revised 2022 Budget - Fund 328 7,065,015 4,659,910 5,639,210 6,085,715
Page 6 of 12 11/4/2021 6:57 AM
Page 29 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Water Fund (#430)
2022 Adopted Budget 11,169,984 19,298,050 23,266,154 7,201,880
BA#4 (Ordinance #6837, Proposed):(210,918) - (1,032,800) 821,882
Adjust beginning fund balance for budget amendments in 2021 (210,918) - - (210,918)
Ongoing cost of new FTE in M&O Division − Administrative Specialist [BA#2]- - 14,200 (14,200)
Delete budget for lead service line replacement project (moved to 2021) [BA#1]- - (1,600,000) 1,600,000
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 539,200 (539,200)
Convert part-time temp GIS Technician position to LTE (GF, F430, F431, F432)- - 13,800 (13,800)
Revised 2022 Budget - Fund 430 10,959,066 19,298,050 22,233,354 8,023,762
Sewer Fund (#431)
2022 Adopted Budget 9,001,356 9,992,880 8,321,966 10,672,270
BA#4 (Ordinance #6837, Proposed):(286,984) - 976,400 (1,263,384)
Adjust beginning fund balance for budget amendments in 2021 (286,984) - - (286,984)
Ongoing cost of new FTE in M&O Division − Administrative Specialist [BA#2]- - 14,200 (14,200)
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 948,400 (948,400)
Convert part-time temp GIS Technician position to LTE (GF, F430, F431, F432)- - 13,800 (13,800)
Revised 2022 Budget - Fund 431 8,714,372 9,992,880 9,298,366 9,408,886
Storm Drainage Fund (#432)
2022 Adopted Budget 10,263,121 10,951,870 9,283,281 11,931,710
BA#4 (Ordinance #6837, Proposed):613,461 - 369,600 243,861
Adjust beginning fund balance for budget amendments in 2021 613,461 - - 613,461
Ongoing cost of new FTE in M&O Division − Administrative Specialist [BA#2]- - 14,200 (14,200)
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 341,600 (341,600)
Convert part-time temp GIS Technician position to LTE (GF, F430, F431, F432)- - 13,800 (13,800)
Revised 2022 Budget - Fund 432 10,876,582 10,951,870 9,652,881 12,175,571
Page 7 of 12 11/4/2021 6:57 AM
Page 30 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Sewer Metro Sub Fund (#433)
2022 Adopted Budget 2,070,836 21,012,700 21,008,800 2,074,736
BA#4 (Ordinance #6837, Proposed):771,586 - - 771,586
Adjust beginning fund balance for budget amendments in 2021 771,586 - - 771,586
Revised 2022 Budget - Fund 433 2,842,422 21,012,700 21,008,800 2,846,322
Solid Waste Fund (#434)
2022 Adopted Budget 5,578,288 18,629,600 18,719,680 5,488,208
BA#4 (Ordinance #6837, Proposed):(281,301) - 681,200 (962,501)
Adjust beginning fund balance for budget amendments in 2021 (281,301) - - (281,301)
Increase utility tax expense to reflect higher City tax rate (in Ord. #6822)- - 413,700 (413,700)
Provide in-house litter crew to replace Waste Management crew (incl two FTEs)- - 267,500 (267,500)
Revised 2022 Budget - Fund 434 5,296,987 18,629,600 19,400,880 4,525,707
Airport Fund (#435)
2022 Adopted Budget 1,608,781 1,507,100 2,878,847 237,034
BA#4 (Ordinance #6837, Proposed):(473,825) 750,000 (397,200) 673,375
Move budget for Airport maintenance projects from capital subfund [BA#2]- - - -
435.00.597.100.55 OPERATING TRANSFERS OUT (75,000)
435.00.546.800.48 REPAIRS & MAINTENANCE 75,000
Reduce budget for hangar projects that had been planned to be bond-funded - 750,000 (397,200) 1,147,200
Adjust beginning fund balance for budget amendments in 2021 (473,825) - - (473,825)
Revised 2022 Budget - Fund 435 1,134,956 2,257,100 2,481,647 910,409
Cemetery Fund (#436)
2022 Adopted Budget 364,582 1,280,400 1,386,048 258,934
BA#4 (Ordinance #6837, Proposed):437,117 97,100 97,100 437,117
Adjust beginning fund balance for budget amendments in 2021 437,117 - - 437,117
New Limited Term Employee (LTE): Maintenance Worker - 97,100 97,100 -
Revised 2022 Budget - Fund 436 801,699 1,377,500 1,483,148 696,051
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Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Water Capital Fund (#460)
2022 Adopted Budget 1,832,439 10,450,710 9,466,310 2,816,839
BA#4 (Ordinance #6837, Proposed):(257,156) (1,600,000) (1,600,000) (257,156)
Adjust beginning fund balance for budget amendments in 2021 (257,156) - - (257,156)
Delete budget for lead service line replacement project (moved to 2021) [BA#1]- (1,600,000) (1,600,000) -
Revised 2022 Budget - Fund 460 1,575,283 8,850,710 7,866,310 2,559,683
Sewer Capital Fund (#461)
2022 Adopted Budget 8,125,157 755,600 3,815,900 5,064,857
BA#4 (Ordinance #6837, Proposed):(395,750) - - (395,750)
Adjust beginning fund balance for budget amendments in 2021 (395,750) - - (395,750)
Revised 2022 Budget - Fund 461 7,729,407 755,600 3,815,900 4,669,107
Storm Drainage Capital Fund (#462)
2022 Adopted Budget 6,713,135 562,800 4,651,800 2,624,135
BA#4 (Ordinance #6837, Proposed):519,381 - 1,381,000 (861,619)
Adjust beginning fund balance for budget amendments in 2021 519,381 - - 519,381
Provide funding for North Airport stormwater improvements (cp2102)- - 946,000 (946,000)
Incr budget for North Airport stormwater system improvements, phase 2 (cp2118)- - 435,000 (435,000)
Revised 2022 Budget - Fund 462 7,232,516 562,800 6,032,800 1,762,516
Page 9 of 12 11/4/2021 6:57 AM
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Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Airport Capital Fund (#465)
2022 Adopted Budget 129,157 1,847,420 1,780,440 196,137
BA#4 (Ordinance #6837, Proposed):140,783 364,100 364,100 140,783
Move budget for Airport maintenance projects to operating subfund [BA#2]- (75,000) (75,000) -
Adjust beginning fund balance for budget amendments in 2021 140,783 - - 140,783
Reduce budget for hangar projects that had been planned to be bond-funded - 439,100 439,100 -
Revised 2022 Budget - Fund 465 269,940 2,211,520 2,144,540 336,920
BA#4 (Ordinance #6837, Proposed):43,597 - - 43,597
Adjust beginning fund balance for budget amendments in 2021 43,597 - - 43,597
Revised 2022 Budget - Fund 466 53,280 1,000 100 54,180
Insurance Fund (#501)
2022 Adopted Budget 1,571,253 12,000 183,200 1,400,053
BA#4 (Ordinance #6837, Proposed):18,262 - - 18,262
Adjust beginning fund balance for budget amendments in 2021 18,262 - - 18,262
Revised 2022 Budget - Fund 501 1,589,515 12,000 183,200 1,418,315
Workers' Comp Fund (#503)
2022 Adopted Budget 2,644,627 1,144,900 884,000 2,905,527
BA#4 (Ordinance #6837, Proposed):58,098 - - 58,098
Adjust beginning fund balance for budget amendments in 2021 58,098 - - 58,098
Revised 2022 Budget - Fund 503 2,702,725 1,144,900 884,000 2,963,625
Page 10 of 12 11/4/2021 6:57 AM
Page 33 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
Facilities Fund (#505)
2022 Adopted Budget 623,845 3,694,500 3,724,226 594,119
BA#4 (Ordinance #6837, Proposed):(46,261) (67,800) 112,000 (226,061)
Ongoing operating budget for Auburn Consolidated Resource Center [BA#2]- 2,700 - 2,700
Move lease revenues from Facilities to General Fund [BA#3]- (108,000) - (108,000)
Add lease revenue for Game Farm Park - 37,500 - 37,500
Adjust beginning fund balance for budget amendments in 2021 (46,261) - - (46,261)
Contracted security for City Hall, Annex, and Les Gove campus [BA#3]- - 112,000 (112,000)
Revised 2022 Budget - Fund 505 577,584 3,626,700 3,836,226 368,058
Innovation & Technology Fund (#518)
2022 Adopted Budget 1,949,637 6,903,800 7,014,444 1,838,993
BA#4 (Ordinance #6837, Proposed):126,252 6,000 6,000 126,252
Adjust beginning fund balance for budget amendments in 2021 126,252 - - 126,252
Continue Limited Term Employee (LTE): Grants Coordinator (ARPA funded) [BA#3]- 3,000 3,000 -
New Full-Time Employee (FTE): Outreach Coordinator - 3,000 3,000 -
Revised 2022 Budget - Fund 518 2,075,889 6,909,800 7,020,444 1,965,245
Equipment Rental Fund (#550)
2022 Adopted Budget 1,552,779 2,301,100 3,079,708 774,171
BA#4 (Ordinance #6837, Proposed):227,114 - 25,700 201,414
Ongoing cost of new FTE in M&O Division − Administrative Specialist [BA#2]- - 25,700 (25,700)
Adjust beginning fund balance for budget amendments in 2021 227,114 - - 227,114
Revised 2022 Budget - Fund 550 1,779,893 2,301,100 3,105,408 975,585
Equipment Rental Capital Fund (#560)
2022 Adopted Budget 3,902,729 1,993,760 1,435,600 4,460,889
BA#4 (Ordinance #6837, Proposed):(1,059,460) 72,700 72,700 (1,059,460)
Adjust beginning fund balance for budget amendments in 2021 (1,059,460) - - (1,059,460)
Provide in-house litter crew to replace Waste Management crew (incl two FTEs)- 72,700 72,700 -
Revised 2022 Budget - Fund 560 2,843,269 2,066,460 1,508,300 3,401,429
Page 11 of 12 11/4/2021 6:57 AM
Page 34 of 182
Schedule A
Summary of 2022 Budget Adjustments by Fund
Budget Amendment #4 (Ordinance #6837)
2,455
Beg. Fund
Balance
2022
Revenues
2022
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
IT Capital Fund (#568)
2022 Adopted Budget 635,814 3,400 414,200 225,014
BA#4 (Ordinance #6837, Proposed):(135,461) - - (135,461)
Adjust beginning fund balance for budget amendments in 2021 (135,461) - - (135,461)
Revised 2022 Budget - Fund 568 500,353 3,400 414,200 89,553
Fire Pension Fund (#611)
2022 Adopted Budget 1,926,737 103,600 211,204 1,819,133
BA#4 (Ordinance #6837, Proposed):55,039 - - 55,039
Adjust beginning fund balance for budget amendments in 2021 55,039 - - 55,039
Revised 2022 Budget - Fund 611 1,981,776 103,600 211,204 1,874,172
SKHHP Fund (#654)
2022 Adopted Budget 186,885 252,300 315,450 123,735
BA#4 (Ordinance #6764, Proposed):38,028 24,225 25,400 36,853
Adjust beginning fund balance for budget amendments in 2021 38,028 - - 38,028
Adjust SKHHP budget to reflect adopted 2022 budget - 24,225 25,400 (1,175)
Revised 2022 Budget - Fund 654 224,913 276,525 340,850 160,588
Cemetery Endowment Fund (#701)
2022 Adopted Budget 2,046,766 64,130 - 2,110,896
BA#4 (Ordinance #6837, Proposed):39,116 - - 39,116
Adjust beginning fund balance for budget amendments in 2021 39,116 - - 39,116
Revised 2022 Budget - Fund 701 2,085,882 64,130 - 2,150,012
Grand Total - All Funds
2022 Adopted Budget 109,651,771 216,957,920 237,525,025 89,084,666
TOTAL BA#4 (Ordinance #6837, Proposed):18,764,712 1,529,725 7,424,350 12,870,087
Revised 2022 Budget 128,416,483 218,487,645 244,949,375 101,954,753
346,904,128 346,904,128
Page 12 of 12 11/4/2021 6:57 AM
Page 35 of 182
Schedule B
2022 Ending Fund Balance/Working Capital
by Fund
Fund
2022
Adopted
Budget
BA#4
(Ord #6837)
Revised
Budget
General Fund (#001)6,858,019 4,006,548 10,864,567
Arterial Street Fund (#102)313,209 (70,179) 243,030
Local Street Fund (#103)1,314,428 709,525 2,023,953
Hotel/Motel Tax Fund (#104)179,066 90,521 269,587
Arterial Street Preservation Fund (#105)1,437,904 (71,451) 1,366,453
American Rescue Plan Act Fund (#106)- 3,446,700 3,446,700
Drug Forfeiture Fund (#117)404,042 (53,266) 350,776
Housing & Comm Develop Fund (#119)42,904 (579) 42,325
Recreation Trails Fund (#120)94,825 2,287 97,112
BIA Fund (#121)27,425 73,070 100,495
Cumulative Reserve Fund (#122)4,614,315 4,196,829 8,811,144
Mitigation Fees Fund (#124)4,683,092 (1,176,597) 3,506,495
City Hall Annex 2010 A&B Bond Fund (#230)4,489 (4,489) -
Local Revitalization 2010 C&D Bond Fund (#231)34,133 (34,133) -
2020 LTGO A&B Refunding Bonds Fund (#232)- 798,248 798,248
SCORE Debt Service Fund (#238)- - -
LID Guarantee Fund (#249)1,689 7 1,696
LID 350 Fund (#275)1,373 794 2,167
Golf/Cemetery 2016 Refunding Fund (#276)- - -
Parks Construction Fund (#321)785,896 (177,301) 608,595
Capital Improvements Fund (#328)3,458,004 2,627,711 6,085,715
Local Revitalization Fund (#330)- - -
Water Fund (#430)7,201,880 821,882 8,023,762
Sewer Fund (#431)10,672,270 (1,263,384) 9,408,886
Storm Drainage Fund (#432)11,931,710 243,861 12,175,571
Sewer Metro Sub Fund (#433)2,074,736 771,586 2,846,322
Solid Waste Fund (#434)5,488,208 (962,501) 4,525,707
Airport Fund (#435)237,034 673,375 910,409
Cemetery Fund (#436)258,934 437,117 696,051
Water Capital Fund (#460)2,816,839 (257,156) 2,559,683
Sewer Capital Fund (#461)5,064,857 (395,750) 4,669,107
Storm Drainage Capital Fund (#462)2,624,135 (861,619) 1,762,516
Airport Capital Fund (#465)196,137 140,783 336,920
Cemetery Capital Fund (#466)10,583 43,597 54,180
Insurance Fund (#501)1,400,053 18,262 1,418,315
Workers' Comp Fund (#503)2,905,527 58,098 2,963,625
Facilities Fund (#505)594,119 (226,061) 368,058
Innovation & Technology Fund (#518)1,838,993 126,252 1,965,245
Equipment Rental Fund (#550)774,171 201,414 975,585
Equipment Rental Capital Fund (#560)4,460,889 (1,059,460) 3,401,429
IT Capital Fund (#568)225,014 (135,461) 89,553
Fire Pension Fund (#611)1,819,133 55,039 1,874,172
SKHHP Fund (#654)123,735 36,853 160,588
Cemetery Endowment Fund (#701)2,110,896 39,116 2,150,012
Total 89,084,666 12,870,087 101,954,753
Page 36 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6838 (Tate)
Date:
November 10, 2021
Department:
Community Development
Attachments:
Ordinance No. 6838
Exhibit A Airport Zoning Code Text Amendment
Exhibit B Airport Overlay Map Amendment
Exhibit C Airport Zoning Code Text Amendment
(clean version)
Exhibit D WSDOT City of Auburn Aviation
Cons ultant Confirmation Letter
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6838.
Background for Motion:
Ordinance No. 6838 amends the airport related standards within Chapter 18.38, Chapter
18.04, and Sections 18.01.030 and 18.23.030 of Title 18, the City’s Zoning Code, and
creates a new airport overlay on the Comprehensive Zoning Map.
Background Summary:
The City of Auburn has the regulatory authority over how development occurs within the
community, including the ability to plan for, abate, mitigate, and otherwise respond to land use
concerns. The primary tool is through the City’s zoning and land use regulations. The City also
has the role of defining the current, short term, and long-term vision for growth and
development within the City and this is completed through the City’s adopted Comprehensive
Plan.
During Auburn’s 2020 annual amendment cycle staff proposed and prepared text
amendments for the Comprehensive Plan. These amendments were reviewed by the
Planning Commission and subsequently reviewed and approved by the City Council on
December 2, 2020 under Ordinance No. 6803. The goal of the text amendments was to
reinforce in the policy language the importance of the airport and recognize the significant
investment that has been made, not only by the Federal Aviation Administration (FAA) and
Washington State Department of Transportation (WSDOT), but also by the City.
As a follow up to Ordinance No. 6803, staff has prepared, and the Planning Commission is
recommending, updates to the airport-related zoning code regulations. The majority of airport-
related zoning code regulations are contained in Chapter 18.38, the “LF Airport Landing Field
District” of the Auburn City Code (ACC). The purpose of the zoning code, or land use
regulations, is to implement the policies of the Comprehensive Plan and its appendices to
ensure consistency.
Page 37 of 182
The initial regulations for the LF Airport Landing Field District Chapter date back to 1964
(under Chapter 18.40 ACC, Ordinance No. 1702), five years prior to the construction of the
Auburn Municipal Airport, also known as Dick Scobee Field. The most recent update to the
LF District regulations (now Chapter 18.38 ACC) occurred in 1997 (under Ordinance No.
5026). So, while staff strengthened the protection of the airport and its operations in the policy
statements of Comprehensive Plan during the 2020 annual amendment cycle, this policy
guidance must be implemented by corresponding regulations in the zoning code.
The proposed zoning code amendment was discussed with the City Council at the November
8th study session.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:November 15, 2021 Item Number:ORD.B
Page 38 of 182
--------------------------------
Ordinance No. 6838
October 25, 2021
Page 1 Rev. 2020
ORDINANCE NO. 6838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE
REGULATION OF LAND USES ON AND SURROUNDING
THE AUBURN MUNICIPAL AIRPORT, AMENDING
CHAPTERS 18.38 AND 18.04, AND SECTIONS 18.01.030 AND
18.23.030 OF THE AUBURN CITY CODE; AND, AMENDING
THE COMPREHENSIVE ZONING MAP CREATING A NEW
AIRPORT OVERLAY
WHEREAS, the Auburn Municipal Airport is classified as a Public-Use, General Aviation
Regional-Reliever Airport within the National Plan of Integrated Airport Systems (NPIAS); and
WHEREAS, during Auburn’s 2020 annual Comprehensive Plan amendment cycle, the
City Council adopted text amendments to the Comprehensive Plan intended to reinforce in the
policy language the importance of the airport, and recognize the significant investment that has
been made, not only by the Federal Aviation Administration (FAA) and Washington State
Department of Transportation (WSDOT), but also by the City; and
WHEREAS, the City of Auburn has regulatory authority over the manner of development
occurring within the community, including the ability to plan for, abate, mitigate, and otherwise
respond to land use concerns; and
WHEREAS, the most recent update to the regulations governing the airport s occurred in
1997; and
WHEREAS, pursuant to RCW 36.70.547 every county, city, and town in which there is
located a general aviation airport that is operated for the benefit of the general public must, through
its comprehensive plan and development regulations, must discourage the siting of incompatible
uses adjacent to said airport; and
Page 39 of 182
--------------------------------
Ordinance No. 6838
October 25, 2021
Page 2 Rev. 2020
WHEREAS, pursuant to RCW 36.70A the proposed code language contained herein was
transmitted to the Washington State Department of Commerce on August 5, 2021 for comment,
and no comments were received by the comment expiration date of October 4, 2021; and
WHEREAS, the code amendments were reviewed according to the process established by
the Washington State Environmental Policy Act (SEPA), a Determination of Non-Significance
(DNS) was issued on September 1, 2021, and no comments or appeals were received within the
fourteen-day public comment period; and
WHEREAS, the Planning Commission reviewed the proposed amendments and considered
the effect of the changes on public and private property owners at its August 3, 2021 and September
8, 2021 virtual meetings; and
WHEREAS, pursuant to RCW 36.70.547 and 36.70A.510 local jurisdictions are required
to formally consult with airport owners, managers, private airport operators, general aviation
pilots, ports, and the Aviation Division of WSDOT prior to adoption of comprehensive plan
policies or development of regulations that may affect property adjacent to public use airports; and
WHEREAS, a formal consultation with aviation stakeholders and the Aviation Division of
WSDOT was held virtually on August 23, 2021; and
WHEREAS, on October 5, 2021 the Planning Commission held a virtual public hearing
regarding the proposed amendments, heard and considered public testimony, examined exhibits
presented by the city, and afterwards forwarded a recommendation for approval to the City
Council. No written comments were offered by the public; and
WHEREAS, the purpose of the amendments offered herein are to ensure safety and the
continued operation of the Auburn Municipal Airport.
Page 40 of 182
--------------------------------
Ordinance No. 6838
October 25, 2021
Page 3 Rev. 2020
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapters 18.38 and 18.04, and Sections
18.01.030 and 18.23.030 of the Auburn City Code are amended to read as shown in Exhibit A.
Section 2. Amendment to Comprehensive Zoning Map. The Comprehensive
Zoning Map is amended as shown in Exhibit B.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. 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 5. 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
Page 41 of 182
--------------------------------
Ordinance No. 6838
October 25, 2021
Page 4 Rev. 2020
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 42 of 182
ZOA20-0002 Page 1 of 29
Chapter 18.38
LF AIRPORT LANDING FIELD DISTRICT, OVERLAY, AND FAR PART 77 SURFACES
Sections:
18.38.010 Intent.
18.38.020 Purpose.
18.38.030020 LF Airport Landing Field District Permitted uUses.
18.38.040 LF Airport Landing Field District Development Standards.
18.38.050 Airport Overlay Intent and Boundary.
18.38.030 Restricted uses.
18.38.060040 Zones established generally.Airport Overlay Restrictions and Standards.
18.38.070 Federal Aviation Regulations Part 77 Surfaces and Other Surfaces.
18.38.050 Approach zone.
18.38.060 Transitional zone.
18.38.070 Horizontal zone.
18.38.080 Conical zone.
18.38.085 Obstacle free area.
18.38.090 Height limitations – Generally.
18.38.100 Height limitations – Noninstrument approach zone.
18.38.110 Height limitations – Transition zones.
18.38.120 Height limitations – Horizontal zones.
18.38.130 Height limitations – Conical zones.
18.38.080140 Nonconforming uUses, sStructures, and tTrees. – Continuation allowed when.
18.38.150 Nonconforming structures and trees – Marking and lighting.
18.38.160 Structure and use permits.
18.38.170 Nonconforming structures or trees – Alteration.
18.38.180 Nonconforming structures or trees – Abandoned or destroyed – Permit
prohibited.
18.38.090190 Requirements for vVariances.
18.38.200 Variance – Grant conditions.
18.38.100210 Decision aAppeals – Generally.
EXHIBIT A
Page 43 of 182
ZOA20-0002 Page 2 of 29
18.38.110220 Conflicting Rregulations.
18.38.120230 Enforcement.
18.38.130240 Violation – Penalty.
18.38.250 Development standards.
18.38.010 Purpose.
The provisions of this chapter apply to lands located within the LF Airport Landing Field Zoning District,
Airport Zoning Overlay, and Federal Aviation Administration (FAA) Federal Regulation Title 14 Part 77
Imaginary Surfaces (FAR Part 77 Surfaces) and other Surfaces. The airport overlay and the FAR Part 77
Surfaces and other surfaces are supplemental to the existing zoning districts and may be more
restrictive than the underlying zoning designation. The restrictions, performance standards, and
requirements of the airport overlay shall be in addition to those of the underlying zone and, where
explicitly noted, supersede the underlying zoning. If implementation of this chapter conflicts with other
provisions of the City Code, State, or federal law, the more restrictive requirement applies.
18.38.010020 Intent.
The intent of this chapter is to provide for the operation and management of the Auburn Municipal
Airport. This chapter seeks to apply the City’s Comprehensive Plan and to implement certain land use
and zoning development standards to reduce or avoid potential for airport related hazards. It is found
that an airport hazard endangers the lives and property of users of the municipal airport and of
occupants of land or property in its vicinity, and also, if of the obstruction type, in effect reduces the size
of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or
impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared
that:
A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region
served by the municipal airport;
B. It is necessary in the interest of the public health, public safety, and general welfare that the
creation or establishment of airport hazards be prevented; and
C. The prevention of these airport hazards should be accomplished, to the extent legally possible, by
the exercise of the police power without compensation. It is further declared that both the prevention
or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation
Page 44 of 182
ZOA20-0002 Page 3 of 29
or marking and lighting of existing airport hazards are public purposes for which political subdivisions
may raise and expend public funds and acquire land or interests in land. (Ord. 5026 § 1, 1997; Ord. 4229
§ 2, 1987.)
D. For the purpose of this chapter structure means any object constructed or installed by a human
being, including, but not limited to buildings, signs, fences, towers, devices, and overhead transmission
lines, and tree means any object of natural growth.
18.38.020030 LF Airport Landing Field District Permitted usesUses.
A. Permitted Uses. Hereafter the effective date of this ordinance all buildings, structures, or parcels of
land shall only be used for the following, unless otherwise provided for in this title:
1A. Landing, taking off, taxiing, and flying of aircraft, excluding ultralights as defined by ACC
8.36.010;
2B. Aviation related business, manufacturing, service-related uses including Bbusinesses incidental
to and necessary or convenient for airport operations, including offices, eating establishments,
restrooms, hangars, shops for light repairs, gasoline and oil sales and accessory structures; and
3C. Other uses as determined by the Planning Director in consultation with the Airport Manager as
defined in Chapter 12.56 ACC hearing examiner to be related to operation and use of the airport.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.030 Restricted uses.
Restricted uses shall be as follows: no use may be made of land within any airport zone in such a manner
as to create electrical interference with radio communication between the airport and aircraft, making it
difficult for fliers using the airport, impair visibility in the vicinity thereof, or otherwise endanger the
landing, taking off or maneuvering of aircraft. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.040 LF Airport Landing Field District Zoning Development Standards.
Table 18.38.040 Development Standards
A Minimum lot area (square feet) None
B Minimum lot width None
Page 45 of 182
ZOA20-0002 Page 4 of 29
C Minimum lot depth None
D Minimum lot coverage None
E Maximum structure height 45 ft1 3
F Minimum front setback (feet) None2
G Minimum interior side setback (feet) None
H Minimum street side setback (feet) None2
I Minimum rear setback (feet) None2
J Fences See ACC 18.31.0203
K Landscaping See Chapter 18.50 ACC3
L Parking See Chapter 18.52 ACC
M Signs See Chapter 18.56 ACC3
N Outdoor lighting See Chapter 18.55 ACC3
1 Buildings and/or structures necessary for airport operations are exempt from the height requirements of this
title when approved by the Airport Manager.
2 Must meet sight distance provisions of the engineering design standards.
3 Except as restricted elsewhere by this chapter.
18.38.050 Airport Overlay Intent and Boundaries.
The purpose of the airport overlay, as identified on the City of Auburn Comprehensive Zoning Map, is to
protect the utility and viability of Auburn Airport by discouraging incompatible land uses and requiring
the evaluation and consideration of potential safety impacts when siting certain land uses in proximity
to the airport. The airport overlay is supplemental to the established zoning districts and may be more
restrictive than the underlying zoning district. The overlay is composed of six zones based on use and
proximity to the airport runway. The zones were modeled after the WSDOT Aviation Airport
Compatibility Zones 1-6, and the Airport’s published traffic pattern.
Page 46 of 182
ZOA20-0002 Page 5 of 29
A. Zone 1 - Runway Overlay Zone. Zone 1 is a rectangular area that encompasses the trapezoidal runway
protection zone (RPZ) at each end of the runway as shown in the “Auburn Municipal Airport Master
Plan,” dated May 2015, as may be amended. The purpose of Zone 1 is to maintain areas that are
generally free of obstructions and significant concentrations of people. Zone 1 extends one thousand
(1,000) feet in length from the ends of the future configuration of Runway 34/16 and is seven hundred
and fifty (750) feet in width.
B. Zone 2 - Inner Safety Zone. Zone 2 is a rectangular area that extends beyond Zone 1 along the
extension of the runway centerline. Next to the Zone 1 it represents the area where the risk of aircraft
accidents is the greatest. This zone extends one thousand five hundred (1,500) feet from Zone 1 and is
seven hundred and fifty feet (750) in width.
C. Zone 3 – Inner Turning Zone. Zone 3 is defined by a triangular shaped area that is positioned along
each side of Zones 1 and 2. When operating visually, departing aircraft may begin turning over this area
to fly toward their destination or to remain in the traffic pattern. Arriving aircraft often overfly this area
as well. This zone extends three thousand (3,000) feet from the Zone 3 vertex offsets (a point that is on
the runway centerline) and inward within a thirty degree sector towards the extended runway
centerline.
D. Zone 4 - Outer Safety Zone. Zone 4 is a rectangular area that lies beyond Zone 3 along the extended
runway centerline. Aircraft flying straight out or in, overfly this area at low altitude. This zone is
particularly significant on runways where airport operations use instrument procedures and at busy
airports where elongated traffic patterns are common. This zone extends two thousand five hundred
(2,500) feet beyond Zone 3 and is five hundred (500) feet in width.
E. Zone 5 - Sideline Safety Zone. Zone 5 consists of narrow bands along each side of the runway and
encompasses the Object Free Area (OFA), as defined by the Airport Master Plan, dated 2015, as may be
amended). This zone is defined by a five hundred (500) foot centerline offset on each side of the
runway. Aircraft do not normally fly over the sideline zone. The principal risk is from aircraft that lose
directional control while landing or just after take off.
F. Zone 6 – Airport Operations Zone. Zone 6 contains the remainder of the airport environment where
aircraft fly as they approach and depart the airport. This zone extends six thousand five hundred (6,500)
feet in length from the Zone 3 vertex offsets and six thousand (6,000) feet in width from the runway
centerline.
ircraft
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ZOA20-0002 Page 6 of 29
18.38.060 Airport Overlay Restrictions and Standards.
A. Zones 1 and 2. The following regulations shall apply within the boundaries of Zones 1 and 2:
1. The following new uses established hereafter the effective date of this ordinance are prohibited in
Zones 1 and 2:
a. Multiple-family dwellings, stand-alone;
b. Mixed-Use development;
c. Nursing home;
d. Assisted living facility;
e. Supportive housing;
f. Hospitals;
g. Senior housing;
h. Schools, elementary, middle/junior high, and secondary or high school;
i. Daycare center and nursery schools/preschools;
j. Detached single-family dwellings, except caretakers quarters; and
k. Other uses, similar to those above, or activities determined by the Planning Director in
consultation with the Airport Manager to be incompatible with aviation, aviation safety, or
any activity that has the potential to interfere with the airport, airport traffic patterns, and
aircraft operations.
2. The following standards apply in Zones 1 and 2:
a. All property owners seeking permit(s) for grading (excluding minor grading permits),
building (exceed 50 percent of the value of the building or structure), extension or
replacement of public utilities, subdivision, or development activity that triggers public
improvements per Chapter 12.64A ACC, shall dedicate an avigation easement to the City of
Auburn over the affected portion of their property prior to issuance of said permit(s). The
language of the easement shall be provided by the City.
b. No use may create an electrical interference with navigational signals or radio
communications at the airport, or with radio or electronic communications between the
airport and aircraft, or aircraft to aircraft.
18.38.030 Restricted uses.
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ZOA20-0002 Page 7 of 29
c. Restricted uses shall be as follows:No structure or tree shall be placed, erected, or allowed
to grow no use may be made of land within any airport zone in such a manner as to create
electrical interference with radio communication between the airport and aircraft, that
makesing it difficult for fliers usingpilots the airport to distinguish between airport lights and
other lights, results in glare to pilots, impairs visibility in the vicinity thereof, or otherwise
endanger the landing, taking off or maneuvering of aircraft. (Ord. 5026 § 1, 1997; Ord. 4229
§ 2, 1987.)
b.d. No use or structure shall emit emissions of fly ash, dust, vapor, gases, steam, or other forms
of emissions that may conflict with any operations of the airport.
e. No use or activity shall be permitted that would foster an increase in bird population and
thereby increase the likelihood of aircraft and bird impact, as determined by the Planning
Director in consultation with the Airport Manager.
f. In order to deter the congregation of wildlife, stormwater facilities must meet or exceed
recommendations found in Appendix I-H, Airport Operations of the SWMM, as defined in
ACC 12.04.010(B).
B. Zone 3. The following regulations shall apply within the boundary of Zone 3:
1. The new uses contained in (A)(1) are prohibited in Zone 3.
2. The standards of (A)(2)(a) through (d) apply.
C. Zone 4. The following regulations shall apply with the boundary of Zone 4:
1. The standards of (A)(2)(a) through (d) apply.
D. Zone 5. The following regulations shall apply within the boundary of Zone 5:
1. The standards of (A)(2)(a) through (f) apply.
E. Zone 6. The following regulations shall apply within the boundary of Zone 6:
1. The standards of (A)(2)(b) and (c) apply.
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2. All property owners within 1,000 feet of properties zoned LF, Landing Field District seeking
permit(s) for grading (excluding minor grading permits), building (exceed 50 percent of the value
of the building or structure), extension or replacement of public utilities, subdivision, or
development activity that triggers public improvements per Chapter 12.64A ACC, shall record
aviation disclosure notice with the King County Recorder’s Office notifying, in writing, to future
owners and tenants prior to signing a lease or sale, of the possible affects from aviation
activities. The language of the notice shall be provided by the City.
18.38.040070 Federal Aviation Regulations (FAR) Part 77 Surfaces and Other
Surfaces. Zones established generally.
A. In order to carry out the provisionspurpose and intent of this chapter, there are created and
established certain zones surfaces, including: which include all of the land lying within the primary
surface, non-instrument approach surfacezone, transition surfacezone, horizontal surfacezone, conical
surfacezone, as well as the Terminal Instrument Procedures (TERPS) airspace surfaces. and obstacle
free areasThese. Such areas and zones surfaces, with exception of the TERPS, are shown on the “City of
Auburn Municipal Airport Master Plan Update, 1993-2013, dated February 1995, and the Federal Air
Regulations (FAR) Part 77 drawing, as amended, which is on file in the city clerk’s office. Other surfaces
not provided for here, are included in the “Auburn Municipal Airport Layout Plan”, dated May 2015, as
may be amended. The surfaces defined for the runway summarized below are consistent with the
currently adopted airport layout plan (ALP) and FAR Part 77 Airspace Plan drawings for the airport.
The various zones are established and defined as follows in ACC 18.38.050 through 18.38.085. (Ord.
5026 § 1, 1997; Ord. 4229 § 2, 1987.)
1. Primary surface.
The primary surface, is centered on top of the runway and extends two hundred feet beyond each
end. The primary surface is longitudinally centered on the runway with a width of two hundred and
fifty (250) feet and extends two hundred (200) feet beyond each end of the runway. (Ord. 5026 § 1,
1997; Ord. 4229 § 2, 1987.) (250)(1,000)
18.38.0502. Approach zone.surface.
A non-instrument approach surface is established at each end of all non-instrument runways for
landings and takeoffs. The inner width of the approach surface is two hundred and fifty (250) feet
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at a distance of two hundred (200) feet beyond the physical end of the runway, and it expands
uniformly to a width of one thousand, and two hundred and fifty (1,250) feet. This approach
surface extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty to one
(20:1). The elevation of the inner width of the approach surface is the same as the elevation of the
nearest point on the runway centerline. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.0603. Transitional zone.surface.
The transitional surface extends outward and upward at right angles to the runway centerline and
the runway centerline extends at a slope of seven to one (7:1) from a line one hundred and twenty
five (125) feet from the runway centerline or runway end and from the sides of the approach
surfaces. The elevation of the line one hundred and twenty five (125) feet from the runway
centerline or runway centerline extended for two hundred (200) feet beyond each runway end is
the same as the elevation of the nearest point on the runway centerline. (Ord. 5026 § 1, 1997; Ord.
4229 § 2, 1987.)
18.38.0704. Horizontal zone.surface.
A horizontal surface is established above the airport. This horizontal surface is a plane one hundred
and fifty (150) feet above the established airport elevation, the perimeter of which is constructed
by swinging arcs which swing five thousand (5,000) feet in a radius from the center of each end of
the primary surface of the runway and connecting the adjacent arcs by lines tangent to those arcs.
The primary surface is longitudinally centered on the runway with a width of 250 feet and extends
200 feet beyond each end of the runway. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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18.38.0805. Conical zone.surface.
A conical surface is established which extends outward and upward from the periphery of the
horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand
(4,000) feet.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
6. Terminal Instrument Procedures (TERPS) Surfaces.
Airspace surfaces associated with instrument approach and departure of aircraft to and from the
ianairport as determined by the Airport Manager.
18.38.085 Obstacle free area.
An area extending 250 feet either side of the runway and 600 feet off either end of the runway. The
obstacle free area (OFA) must be kept clear of any structures, fencing, landscaping, parking, or
vehicular circulation not directly related to aircraft operations at the Auburn Municipal Airport.
(Ord. 5026 § 1, 1997.)
18.38.090B. Height limitations – Established Generally.
Except as otherwise provided in this chapter, no structure or tree shall be permitted, approved, erected,
altered, allowed to grow, or maintained in any zone surface created in this chapter to have a height in
excess of the height limits established in ACC 18.38.100 through 18.38.130 for such zonebelow.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.1001. Height limitations – Noninstrument approach zoneApproach Surface (Non-
instrument).
The height limitations for non-instrument approach surfaces begin at a point two hundred (200) feet
from and at the centerline elevation of the end of the runway and extend for a horizontal distance
of five thousand (5,000) feet at a slope of twenty to one (20:1). (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.1102. Height limitations – Transition zones.Transition surface.
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The height limitations for transition zones shall be as follows: One foot in height for each seven feet
in horizontal distance beginning at any point one hundred and twenty five (125) feet normal to and
at the elevation of the centerline of non-instrument runways, extending two hundred (200) feet
beyond each end thereof, extending to a height of one hundred and fifty (150) feet above the
airport elevation which is sixty three (63)59 feet above mean sea level. In addition to the foregoing,
there are established height limits of one foot vertical height for each seven feet horizontal distance
measured from the edges of all approach zones for the entire length of the approach zones and
extending upward and outward to the points where they intersect the horizontal or conical surfaces.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.1203. Height limitations – Horizontal zonesHorizontal surface.
The height limitation for a horizontal zone shall be as follows: one hundred and fifty (150) feet
above the airport elevation or a height of two hundred and thirteen (213)209 feet above mean sea
level. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.1304. Height limitations – Conical zones.Conical surface.
The conical surface involves a slope of twenty to one (20:1) for a horizontal distance of four
thousand (4,000) feet. The relative difference in elevation between the inner and outer edge of the
conical surface is two hundred (200) feet. The elevation of the outer edge of the conical surface is
three hundred and fifty (350) 300 feet above the established airport elevation. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
C. Height limitations – Compliance. Where the height of any new structure or tree, has the potential to
exceed the surfaces established in ACC 18.38.070(A), applicants must demonstrate compliance with the
height limitation. Except as specifically provided in subsections A, B and C of this section, no material
change shall be made in the use of land and no structure or tree shall be erected, altered, planted or
otherwise established in any zone created by this chapter unless a permit has been applied for and
granted by the building department of the city. Each application for a permit shall indicate the purpose
for which the permit is desired, withcontain sufficient information to permit it to be determine d
whether the resulting use, structure or tree wouldwill conform to the regulations thereinherein
prescribed. If such determination is in the affirmative, the permit shall be granted
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1. The Planning Director in consultation with the Airport Manager may require one or all of the
following documentation to demonstrate compliance with the surfaces established in ACC
18.38.070(A):
a. A certificate from a Washington state licensed professional, engineer, or land surveyor,
stating that no airspace obstruction will result from the proposed structure or tree being
constructed or installed.
b. The maximum elevation of proposed structures based on the established airport elevation.
c. Prepare and submit FAA Form 7460 “Notice of Proposed Construction or Alteration”.
d. Other documentation as determined by the Airport Manager.
D. Height limitations – Mitigation and Maintenance. Where the height of any new structure or tree,
exceeds the surfaces established in ACC 18.38.070(A), applicants will be responsible for the following
mitigation and ongoing maintenance activities:
1. The Airport Manager may require the installation of markers and lights or markers as a warning to
aircraft. The markers and lights shall meet FAA specifications, be installed, operated, and maintained
at the expense of the owner of the structure. A public maintenance easement granting city access to
the markers and lights shall be required.
2. Trees shall be maintained such that they do not penetrate the airspace.
3. Exceptions may include the following:
a. Because of natural terrain, land contour, or topographic features, a structure or object
would extend above the height limits of each surface.
b. Structures necessary and incidental to airport operations.
18.38.08140 Nonconforming structures, trees, and uses. structures and trees –
Continuation allowed when.
A. Applicability. This section describes the circumstances in which a structure, tree, or use is considered
nonconforming and when nonconforming provisions apply. Any structure or tree that legally existed
prior to the regulations as of March 22, 1969 is considered nonconforming. Any use in ACC 18.38.030
that legally existed prior to the effective date of this ordinance is considered nonconforming. Any use in
ACC 18.38.060 that legally existed prior to the effective date of this ordinance is not considered
nonconforming. Nonconforming structures, trees, and uses are generally exempt from this chapter
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except as may be compelled by state or federal regulations or if it loses its nonconforming status
pursuant to the regulations contained in this section. The regulations prescribed by this chapter shall not
be construed to require the removal, lowering or other change or alteration of any structure or tree not
conforming to the regulations as of March 22, 1969, or otherwise interfere with the continuance of any
nonconforming use. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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18.38.150 Nonconforming structures and trees – B. Marking and lighting.
Notwithstanding the provisions of ACC 18.38.070(A) 18.38.140, the owner of any nonconforming
structure or tree is required to permit the installation, operation, and maintenance thereon of such
markers and lights as are deemed necessary by the Airport Manager to indicate to the operators of
aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and lights shall
meet FAA specifications, be installed at City cost to the City, and operated and maintained by the
cityCity.. A public maintenance easement agreement granting city access shall be required. (Ord. 5026
§ 1, 1997; Ord. 4229 § 2, 1987.)
C. Alteration. Alteration of nonconforming structures, trees, and uses are subject to the following
regulations.
1. Nonconforming structures may be maintained, repaired, restored, added onto, enlarged, or
relocated in accordance with the provisions of ACC 18.54.060. A nonconforming structure that is
restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as
established by the most current county assessor’s tax roll, relocated, enlarged, or added onto must
conform to ACC 18.38.070.
2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC.
3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC. A
nonconforming sign that is enlarged, made taller, relocated, or loses its nonconforming status per ACC
18.56.030(J), must conform to ACC 18.38.070.
4. Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform
to ACC 18.38.070.
5. Notwithstanding the provisions of ACC 18.38.080(C)(1) through (4), . Nno permit shall be granted
that would allow the establishment or creation of an airport hazard or permit a nonconforming use,
structure, or tree to be made or become higher, or become a greater hazard to air navigation., than it
was on March 22, 1969, or than it is when the application for a permit is made. Except as indicated, all
applications for such a permit shall be granted. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
D. Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC
18.54.070. Any tree that is diseased, decayed, dead, or dying must be removed, and if required,
replaced with tree that conforms to ACC 18.38.070.
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18.38.160 Structure and use permits.
Except as specifically provided in subsections A, B and C of this section, no material change shall be
made in the use of land and no structure or tree shall be erected, altered, planted or otherwise
established in any zone created by this chapter unless a permit has been applied for and granted by the
building department of the city. Each application for a permit shall indicate the purpose for which the
permit is desired, with sufficient information to permit it to be determined whether the resulting use,
structure or tree would conform to the regulations therein prescribed. If such determination is in the
affirmative, the permit shall be granted.
A. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be
required for any tree or structure less than 75 feet of vertical height above the ground, except when
because of terrain, land contour or topographic features such tree or structure would extend above the
height limits prescribed for such zone.
B. In the area lying within the limits of the noninstrument approach surface but at a horizontal distance
of not less than 5,000 feet from a point 200 feet from each end of the runway, no permit shall be
required for any tree or structure less than 75 feet of vertical height above the ground, except when
such trees or structures would extend above the height limit prescribed for such noninstrument
approach zone.
C. The transitional surface does not extend beyond the perimeter of the horizontal surface. (Ord. 5026
§ 1, 1997; Ord. 4229 § 2, 1987.)
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18.38.170 Nonconforming structures or trees – Alteration.
A. Before any nonconforming structure or tree may be replaced, substantially altered or repaired,
rebuilt, allowed to grow higher or replanted, a permit must be secured from the
airport manager and, if applicable, the building official.
B. No permit shall be granted that would allow the establishment or creation of an airport hazard or
permit a nonconforming use, structure or tree to be made or become higher, or
become a greater hazard to air navigation, than it was on March 22, 1969, or than it is
when the application for a permit is made. Except as indicated, all applications for such
a permit shall be granted. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.180 Nonconforming structures or trees – Abandoned or destroyed –
Permit prohibited.
Whenever the airport manager determines that a nonconforming structure or tree has been abandoned
or more than 80 percent torn down, physically deteriorated or decayed, no permit
shall be granted that would allow such structure or tree to exceed the applicable
height limit or otherwise deviate from the zoning regulations. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
18.38.190090 Variances. Requirements for variances.
A. Requirements. If the applicant seeks a variance to erect or increase the height of any structure, or
permit the growth of any tree, or use their property, not in accordance with the regulations prescribed
in this chapter, the variance shall be subject to the criteria contained in ACC 18.70.010 and processed
according to the applicable provisions of Chapter 18.70 ACC. Any person desiring to erect or increase the
height of any structure, or permit the growth of any tree, or use their property, not in accordance with
the regulations prescribed in this chapter, may apply to the hearing examiner for a variance from such
regulation. Such variances shall be allowed where it is duly found that a literal application or
enforcement of the regulation should result in practical difficulty or unnecessary hardship and the relief
granted would not be contrary to the public interest but will do substantial justice and be in accordance
with the spirit of this chapter. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.200 Variance – Grant conditions.
B. Approval conditions. Any variance granted may, if such action is deemed advisable to effectuate the
purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the
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owner of the structure or tree requesting a variance to install, operate and maintain at their own
expense such markers and lights as determined by the Airport Manager may be necessary to indicate to
aircraft operatorsfliers the presence of an airport hazard. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.210100 Decision appeals – Generally.
Any person aggrieved, or any property ownertaxpayer affected, by any decision of the city made in its
administration of this chapter may appeal to the hearing examiner. (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.220110 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and
any other regulations applicable to the same area, whether the conflict is with respect to the height of
structures or trees, the use of land, or any other matter, the more stringent limitation or requirement
shall govern and prevail. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.230120 Enforcement.
It shall be the duty of the airport manager and building officialDepartment of Public Works and the
Department of Community Development to administer and enforce the regulations prescribed in this
chapter. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.240130 Violation – Penalty.
Each violation of this chapter or of any regulation, order or ruling promulgated under this chapter
constitutes a misdemeanor and is punishable as provided in ACC 1.24.010. Each day a violation
continues to exist constitutes a separate offense. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.250 Development standards.
Development standards in a LF district are as follows:
A. Minimum lot area: none required;
B. Minimum lot width: none required;
C. Minimum lot depth: none required;
D. Maximum lot coverage: none required;
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E. Maximum building height: 45 feet, except as restricted elsewhere by this chapter;
F. Minimum yard setbacks:
1. Front: 20 feet,
2. Side, interior: none required,
3. Side, street: 15 feet,
4. Rear: none required;
G. Fences and hedges: see Chapter 18.31 ACC;
H. Parking: see Chapter 18.52 ACC;
I. Landscaping: see Chapter 18.50 ACC;
J. Signs: see Chapter 18.56 ACC. (Ord. 5777 § 1, 2003; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
Chapter 18.01
USER GUIDE
18.01.030 How do I determine what uses are allowed on a particular property?
The first step in determining allowed uses is verifying the zoning on the property, which can be done by
speaking with city of Auburn planning department staff or by consulting the city’s official zoning map.
When verifying a property’s zoning, it is also important to note any overlays that may be marked on the
zoning map. Overlays may have additional requirements or otherwise modify the allowed uses and
development standards for a zone. The overlay Rregulations for overlays , such as those established for
Lea Hill, West Hill, and designated urban separator areas, are contained in Chapter 18.21 ACC, and for
the airport are contained in Chapter 18.38 ACC..
The sections devoted to particular zones described on the zoning map form the framework of the zoning
code. Each of these sections contains the intent statement for the particular zone, a table of allowed
uses, as well as tables for dimensional standards (building height, setbacks, and lot coverage) and cross-
references to other standards such as landscaping and parking requirements. It is important to note that
each section contains only regulations that apply specifically to that zone, and development standards
that apply to all zones are addressed through cross-references to other chapters of the zoning code.
(Ord. 6245 § 1, 2009.)
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Chapter 18.04
DEFINITIONS
18.04.039 Aircraft Operations.
The movement of aircraft operating in the airport traffic pattern or within sight of the airport. A landing
or takeoff is one operation. An aircraft that takes off and then lands creates two aircraft operations.
18.04.072 Airport Manager.
See definition in Chapter 12.56 ACC.
18.04.040 Airport, heliport or aircraft landing field.
“Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether
publicly or privately owned or operated, and which is designed, used or intended to be used either by
public carriers or by private aircraft for landing and taking off of aircraft, including ultralights as defined
by ACC 8.36.010. This definition includes all necessary taxiways, aircraft storage and tie-down areas,
hangars and other necessary buildings and open spaces. This definition does not include manufacturing,
servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing
or testing of commercial or military aircraft or activities associated therewith
18.04.365 FAR Part 77 Surfaces.
The Federal Aviation Administration’s Federal Aviation Regulations (FAR) Part 77 Surfaces are the
imaginary airspace surfaces established with any relation to each runway of an airport. There are five
types of surfaces: (1) primary, (2) approach, (3) transitional, (4) horizontal, and (5) conical. These
surfaces are above and around airports and require protection from potential obstructions that might
interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the
ground. An object or structure with an elevation higher than the FAR Part 77 surface elevation is
considered to penetrate the FAR Part 77 Surfaces and constitute an obstruction to navigable airspace.
Navigable airspace is defined by the FAA pursuant to Title 14 Code of Federal Regulations Part 77,
Imaginary Surfaces.
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18.04.676.1 Overlay Zone. “Overlay zone” is supplemental to the underlying zoning district and may
establish additional or stricter standards and criteria for properties in addition to those of the underling
zoning district.
Chapter 18.23
COMMERCIAL AND INDUSTRIAL ZONES
18.23.030 Uses.
A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each
commercial and industrial zone and the land use approval process required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030 (“Standards
for Specific Land Uses”) includes a reference to a code section number, the referenced section
determines other requirements and standards applicable to the use regardless of whether it is
permitted outright or requires an administrative or conditional use permit.
C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are
separately prohibited by that chapter or will be required to comply with additional regulations that are
associated with the airport overlay.
Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and
Industrial Zones
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
Building contractor,
heavy
X X X X X A X P
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Manufacturing,
assembling and
packaging – Light
intensity
X X X P X P P P ACC 18.31.180
Manufacturing,
assembling and
packaging – Medium
intensity
X X X A X P A P ACC 18.31.180
Manufacturing,
assembling and
packaging – Heavy
intensity
X X X X X X X A ACC 18.31.180
Marijuana processor X X X X X C C C Chapter 18.59 ACC
Marijuana producer X X X X X C C C Chapter 18.59 ACC
Marijuana researcher X X X X X C C C Chapter 18.59 ACC
Marijuana retailer X X X C X C C C Chapter 18.59 ACC
Marijuana transporter
business
X X X X X C C C Chapter 18.59 ACC
Outdoor storage,
incidental to principal
permitted use on
property
X X X P X P P P ACC 18.57.020(A)
Storage – Personal
household storage
facility (mini-storage)
X P X P X P X P ACC 18.57.020(B)
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Warehousing and
distribution
X X X X X P P C ACC 18.57.020(C)
Warehousing and
distribution, bonded and
located within a
designated foreign trade
zone
X X X P X P P P
Wholesaling with on-site
retail as an incidental use
(coffee, bakery, e.g.)
X X X P X P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation
facility, indoor
X P P P P P P A
Commercial recreation
facility, outdoor
X X X A A P A A ACC 18.57.025(A)
Conference/convention
facility
X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or
private
A P P P X A P A
Movie theater, except
drive-in
X P P P P X X X
Private school –
Specialized
education/training (for
profit)
A A P P P P P P
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Religious institutions, lot
size less than one acre
A P P P A A A A
Religious institutions, lot
size more than one acre
C P P P A A A A
Sexually oriented
businesses
X X X P X P X P Chapter 18.74 ACC
Sports and
entertainment assembly
facility
X X A A X A X A
Studio – Art, dance,
martial arts, music, etc.
P P P P P P A A
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/work unit X X P P P P P X
Work/live unit X P P P P P P X
Marijuana cooperative X X X X X X X X
Multiple-family dwellings
as part of a mixed-use
development2
X X P P P P P X ACC 18.57.030
Multiple-family
dwellings, stand-alone
X X X X X X X X
Nursing home, assisted
living facility
X P P P C X X X
Senior housing2 X X A A X X X X
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
RETAIL
Building and landscape
materials sales
X X X P X P X P ACC 18.57.035(A)
Construction and heavy
equipment sales and
rental
X X X X X A X P
Convenience store A A P P X P P P
Drive-through espresso
stands
A A A P A P A A
Drive-through facility,
including banks and
restaurants
A A A P P P X P ACC 18.52.040
Entertainment,
commercial
X A P P X A X A
Groceries, specialty food
stores
P P P P P P P X ACC 18.57.035(B)
Nursery X X X P A P X P ACC 18.57.035(C)
Outdoor displays and
sales associated with a
permitted use
(auto/vehicle sales not
included in this category)
P P P P P P P P ACC 18.57.035(D)
Restaurant, cafe, coffee
shop
P P P P P P P P
Retail
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Community retail
establishment
A P P P P P X P
Neighborhood retail
establishment
P P P P P P X P
Regional retail
establishment
X X X P P P X A
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility,
small craft distillery,
small craft brewery
A P P P P P P P
SERVICES
Animal daycare
(excluding kennels and
animal boarding)
A A A P A P X P ACC 18.57.040(A)
Animal sales and services
(excluding kennels and
veterinary clinics)
P P P P P P X P ACC 18.57.040(B)
Banking and related
financial institutions,
excluding drive-through
facilities
P P P P P P P P
Catering service P P P P A P A P
Daycare, including mini
daycare, daycare center,
A P P P P P P X
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
preschools or nursery
schools
Dry cleaning and laundry
service (personal)
P P P P P P P P
Equipment rental and
leasing
X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
Government facilities;
this excludes offices and
related uses that are
permitted outright
A A A A A A A A
Hospital X P P P X P X P
Lodging – Hotel or motel X P P P P A P A
Medical – Dental clinic P P P P P P X X
Mortuary, funeral home,
crematorium
A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing
(of books, newspaper
and other printed
matter)
X A P P P P P P
Professional offices P P P P P P P P
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Repair service –
Equipment, appliances
X A P P P P X P ACC 18.57.040(D)
Veterinary clinic, animal
hospital
A P P P P P X X
Youth community
support facility
X P X X X X X X ACC 18.57.040(E)
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and
specialized
transportation facility
X X X A X P X P
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal1 X X X X X X X X See Footnote No. 1
Parking facility, public or
commercial, surface
X P P P P P P X
Parking facility, public or
commercial, structured
X P P P P P P X
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Utility transmission or
distribution line or
substation
A A A A A A A A
Wireless
communications facility
(WCF) (See ACC
18.04.912(W))
* * * * * * * * *See ACC 18.31.100 for
use regulations and
zoning development
standards.
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Eligible facilities request
(EFR) (wireless
communications facility)
(See ACC 18.04.912(H))
P P P P P P P P
Small wireless facilities
(ACC 18.04.912(Q))
P P P P P P P P
VEHICLE SALES AND SERVICES
Automobile washes
(automatic, full or self-
service)
X A X P P P X P ACC 18.57.050(A)
Auto parts sales with
installation services
X A A P P P X P
Auto/vehicle sales and
rental
X A X P X P X P ACC 18.57.050(B)
Fueling station X A A P P P X P ACC 18.57.050(C)
Mobile home, boat, or
RV sales
X X X P X P X P
Vehicle services –
Repair/body work
X X A P X P X P ACC 18.57.050(D)
OTHER
Any commercial use
abutting a residential
zone which has hours of
operation outside of the
following: Sunday: 9:00
a.m. to 10:00 p.m. or
A A A A A A A A
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Monday – Saturday: 7:00
a.m. to 10:00 p.m.
Other uses may be
permitted by the
planning director or
designee if the use is
determined to be
consistent with the
intent of the zone and is
of the same general
character of the uses
permitted. See ACC
18.02.120(C)(6),
Unclassified Uses.
P P P P P P P P
1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the ordinance
codified in this section, is an outright permitted use in the M-1 and M-2 zones. Any maintenance, alterations and
additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards,
are allowed.
2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015)
is an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use
development changes, then the nonresidential use shall maintain a minimum of 10 percent of the cumulative
building ground floor square footage consisting of the uses permitted outright, administratively, or conditionally,
listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” of the C-1 zone.
(Ord. 6799 § 6 (Exh. F), 2020; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6688 § 1 (Exh. 1), 2018; Ord. 6644 § 2,
2017; Ord. 6642 § 9, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
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Chapter 18.38
LF AIRPORT LANDING FIELD DISTRICT, OVERLAY, AND FAR PART 77 SURFACES
Sections:
18.38.010 Intent.
18.38.020 Purpose.
18.38.030 LF Airport Landing Field District Permitted Uses.
18.38.040 LF Airport Landing Field District Development Standards.
18.38.050 Airport Overlay Intent and Boundary.
18.38.060 Airport Overlay Restrictions and Standards.
18.38.070 Federal Aviation Regulations Part 77 Surfaces and Other Surfaces.
18.38.080 Nonconforming Uses, Structures, and Trees.
18.38.090 Variances.
18.38.100 Decision Appeals – Generally.
18.38.110 Conflicting Regulations.
18.38.120 Enforcement.
18.38.130 Violation – Penalty.
18.38.010 Purpose.
The provisions of this chapter apply to lands located within the LF Airport Landing Field Zoning District,
Airport Zoning Overlay, and Federal Aviation Administration (FAA) Federal Regulation Title 14 Part 77
Imaginary Surfaces (FAR Part 77 Surfaces) and other Surfaces. The airport overlay and the FAR Part 77
Surfaces and other surfaces are supplemental to the existing zoning districts and may be more
restrictive than the underlying zoning designation. The restrictions, performance standards, and
requirements of the airport overlay shall be in addition to those of the underlying zone and, where
explicitly noted, supersede the underlying zoning. If implementation of this chapter conflicts with other
provisions of the City Code, State, or federal law, the more restrictive requirement applies.
18.38.020 Intent.
The intent of this chapter is to apply the City’s Comprehensive Plan and to implement certain land use
and zoning development standards to reduce or avoid potential for airport related hazards. It is found
that an airport hazard endangers the lives and property of users of the municipal airport and of
EXHIBIT C
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occupants of land or property in its vicinity, and also, if of the obstruction type, in effect reduces the size
of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or
impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared
that:
A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region
served by the municipal airport;
B. It is necessary in the interest of the public health, public safety, and general welfare that the
creation or establishment of airport hazards be prevented; and
C. The prevention of these airport hazards should be accomplished, to the extent legally possible, by
the exercise of the police power without compensation. It is further declared that both the prevention
or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation
or marking and lighting of existing airport hazards are public purposes for which political subdivisions
may raise and expend public funds and acquire land or interests in land. (Ord. 5026 § 1, 1997; Ord. 4229
§ 2, 1987.)
D. For the purpose of this chapter structure means any object constructed or installed by a human
being, including, but not limited to buildings, signs, fences, towers, devices, and overhead transmission
lines, and tree means any object of natural growth.
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18.38.030 LF Airport Landing Field District Uses.
A. Permitted Uses. Hereafter the effective date of this ordinance all buildings, structures, or parcels of
land shall only be used for the following, unless otherwise provided for in this title:
1. Landing, taking off, taxiing, and flying of aircraft;
2. Aviation related business, manufacturing, service-related uses including businesses incidental to
and necessary or convenient for airport operations, including offices, eating establishments,
restrooms, hangars, shops for light repairs, gasoline and oil sales and accessory structures; and
3. Other uses as determined by the Planning Director in consultation with the Airport Manager as
defined in Chapter 12.56 ACC to be related to operation and use of the airport. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
18.38.040 LF Airport Landing Field District Zoning Development Standards.
Table 18.38.040 Development Standards
A Minimum lot area (square feet) None
B Minimum lot width None
C Minimum lot depth None
D Minimum lot coverage None
E Maximum structure height 45 ft1 3
F Minimum front setback (feet) None2
G Minimum interior side setback (feet) None
H Minimum street side setback (feet) None2
I Minimum rear setback (feet) None2
J Fences See ACC 18.31.0203
K Landscaping See Chapter 18.50 ACC3
L Parking See Chapter 18.52 ACC
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M Signs See Chapter 18.56 ACC3
N Outdoor lighting See Chapter 18.55 ACC3
1 Buildings and/or structures necessary for airport operations are exempt from the height requirements of this
title when approved by the Airport Manager.
2 Must meet sight distance provisions of the engineering design standards.
3 Except as restricted elsewhere by this chapter.
18.38.050 Airport Overlay Intent and Boundaries.
The purpose of the airport overlay, as identified on the City of Auburn Comprehensive Zoning Map, is to
protect the utility and viability of Auburn Airport by discouraging incompatible land uses and requiring
the evaluation and consideration of potential safety impacts when siting certain land uses in proximity
to the airport. The airport overlay is supplemental to the established zoning districts and may be more
restrictive than the underlying zoning district. The overlay is composed of six zones based on use and
proximity to the airport runway. The zones were modeled after the WSDOT Aviation Airport
Compatibility Zones 1-6, and the Airport’s published traffic pattern.
A. Zone 1 - Runway Overlay Zone. Zone 1 is a rectangular area that encompasses the trapezoidal runway
protection zone (RPZ) at each end of the runway as shown in the “Auburn Municipal Airport Master
Plan,” dated May 2015, as may be amended. The purpose of Zone 1 is to maintain areas that are
generally free of obstructions and significant concentrations of people. Zone 1 extends one thousand
(1,000) feet in length from the ends of the future configuration of Runway 34/16 and is seven hundred
and fifty (750) feet in width.
B. Zone 2 - Inner Safety Zone. Zone 2 is a rectangular area that extends beyond Zone 1 along the
extension of the runway centerline. Next to the Zone 1 it represents the area where the risk of aircraft
accidents is the greatest. This zone extends one thousand five hundred (1,500) feet from Zone 1 and is
seven hundred and fifty feet (750) in width.
C. Zone 3 – Inner Turning Zone. Zone 3 is defined by a triangular shaped area that is positioned along
each side of Zones 1 and 2. When operating visually, departing aircraft may begin turning over this area
to fly toward their destination or to remain in the traffic pattern. Arriving aircraft often overfly this area
as well. This zone extends three thousand (3,000) feet from the Zone 3 vertex offsets (a point that is on
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the runway centerline) and inward within a thirty degree sector towards the extended runway
centerline.
D. Zone 4 - Outer Safety Zone. Zone 4 is a rectangular area that lies beyond Zone 3 along the extended
runway centerline. Aircraft flying straight out or in, overfly this area at low altitude. This zone is
particularly significant on runways where airport operations use instrument procedures and at busy
airports where elongated traffic patterns are common. This zone extends two thousand five hundred
(2,500) feet beyond Zone 3 and is five hundred (500) feet in width.
E. Zone 5 - Sideline Safety Zone. Zone 5 consists of narrow bands along each side of the runway and
encompasses the Object Free Area (OFA), as defined by the Airport Master Plan, dated 2015, as may be
amended. This zone is defined by a five hundred (500) foot centerline offset on each side of the runway.
Aircraft do not normally fly over the sideline zone. The principal risk is from aircraft that lose directional
control while landing or just after takeoff.
F. Zone 6 – Airport Operations Zone. Zone 6 contains the remainder of the airport environment where
aircraft fly as they approach and depart the airport. This zone extends six thousand five hundred (6,500)
feet in length from the Zone 3 vertex offsets and six thousand (6,000) feet in width from the runway
centerline.
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18.38.060 Airport Overlay Restrictions and Standards.
A. Zones 1 and 2. The following regulations shall apply within the boundaries of Zones 1 and 2:
1. The following new uses established hereafter the effective date of this ordinance are prohibited in
Zones 1 and 2:
a. Multiple-family dwellings, stand-alone;
b. Mixed-Use development;
c. Nursing home;
d. Assisted living facility;
e. Supportive housing;
f. Hospitals;
g. Senior housing;
h. Schools, elementary, middle/junior high, and secondary or high school;
i. Daycare center and nursery schools/preschools;
j. Detached single-family dwellings, except caretakers quarters; and
k. Other uses, similar to those above, or activities determined by the Planning Director in
consultation with the Airport Manager to be incompatible with aviation, aviation safety, or
any activity that has the potential to interfere with the airport, airport traffic patterns, and
aircraft operations.
2. The following standards apply in Zones 1 and 2:
a. All property owners seeking permit(s) for grading (excluding minor grading permits),
building (exceed 50 percent of the value of the building or structure), extension or
replacement of public utilities, subdivision, or development activity that triggers public
improvements per Chapter 12.64A ACC, shall dedicate an avigation easement to the City of
Auburn over the affected portion of their property prior to issuance of said permit(s). The
language of the easement shall be provided by the City.
b. No use may create an electrical interference with navigational signals or radio
communications at the airport, or with radio or electronic communications between the
airport and aircraft, or aircraft to aircraft.
c. No structure or tree shall be placed, erected, or allowed to grow that makes it difficult for
pilots to distinguish between airport lights and other lights, results in glare to pilots, impairs
visibility in the vicinity thereof, or otherwise endanger the landing, taking off or
maneuvering of aircraft.
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d. No use or structure shall emit emissions of fly ash, dust, vapor, gases, steam, or other forms
of emissions that may conflict with any operations of the airport.
e. No use or activity shall be permitted that would foster an increase in bird population and
thereby increase the likelihood of aircraft and bird impact, as determined by the Planning
Director in consultation with the Airport Manager.
f. In order to deter the congregation of wildlife, stormwater facilities must meet or exceed
recommendations found in Appendix I-H, Airport Operations of the SWMM, as defined in
ACC 12.04.010(B).
B. Zone 3. The following regulations shall apply within the boundary of Zone 3:
1. The new uses contained in (A)(1) are prohibited in Zone 3.
2. The standards of (A)(2)(a) through (d) apply.
C. Zone 4. The following regulations shall apply with the boundary of Zone 4:
1. The standards of (A)(2)(a) through (d) apply.
D. Zone 5. The following regulations shall apply within the boundary of Zone 5:
1. The standards of (A)(2)(a) through (f) apply.
E. Zone 6. The following regulations shall apply within the boundary of Zone 6:
1. The standards of (A)(2)(b) and (c) apply.
2. All property owners within 1,000 feet of properties zoned LF, Landing Field District seeking
permit(s) for grading (excluding minor grading permits), building (exceed 50 percent of the value
of the building or structure), extension or replacement of public utilities, subdivision, or
development activity that triggers public improvements per Chapter 12.64A ACC, shall record
aviation disclosure notice with the King County Recorder’s Office notifying, in writing, to future
owners and tenants prior to signing a lease or sale, of the possible affects from aviation
activities. The language of the notice shall be provided by the City.
18.38.070 Federal Aviation Regulations (FAR) Part 77 Surfaces and Other Surfaces.
A. In order to carry out the purpose and intent of this chapter, there are created and established certain
surfaces, including: all of the land lying within the primary surface, non-instrument approach surface,
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transition surface, horizontal surface, conical surface, as well as the Terminal Instrument Procedures
(TERPS) airspace surfaces. These surfaces, with exception of the TERPS, are shown on the FAR Part 77
drawing, as amended, which is on file in the city clerk’s office. Other surfaces not provided for here, are
included in the “Auburn Municipal Airport Layout Plan”, dated May 2015, as may be amended. The
surfaces defined for the runway summarized below are consistent with the currently adopted airport
layout plan (ALP) and FAR Part 77 Airspace Plan drawings for the airport.
1. Primary surface. The primary surface, is centered on top of the runway and extends two hundred
feet beyond each end. The primary surface is longitudinally centered on the runway with a width of
two hundred and fifty (250) feet and extends two hundred (200) feet beyond each end of the
runway. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
2. Approach surface. A non-instrument approach surface is established at each end of all non-
instrument runways for landings and takeoffs. The inner width of the approach surface is two
hundred and fifty (250) feet at a distance of two hundred (200) feet beyond the physical end of the
runway, and it expands uniformly to a width of one thousand, two hundred and fifty (1,250) feet.
This approach surface extends for a horizontal distance of five thousand (5,000) feet at a slope of
twenty to one (20:1). The elevation of the inner width of the approach surface is the same as the
elevation of the nearest point on the runway centerline. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
3. Transitional surface. The transitional surface extends outward and upward at right angles to the
runway centerline and the runway centerline extends at a slope of seven to one (7:1) from a line
one hundred and twenty five (125) feet from the runway centerline or runway end and from the
sides of the approach surfaces. The elevation of the line one hundred and twenty five (125) feet
from the runway centerline or runway centerline extended for two hundred (200) feet beyond each
runway end is the same as the elevation of the nearest point on the runway centerline. (Ord. 5026
§ 1, 1997; Ord. 4229 § 2, 1987.)
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4. Horizontal surface. A horizontal surface is established above the airport. This horizontal surface is
a plane one hundred and fifty (150) feet above the established airport elevation, the perimeter of
which is constructed by arcs which swing five thousand (5,000) feet in a radius from the center of
each end of the primary surface of the runway and connecting the adjacent arcs by lines tangent to
those arcs. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
5. Conical surface. A conical surface is established which extends outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of
four thousand (4,000) feet.
6. Terminal Instrument Procedures (TERPS) Surfaces. Airspace surfaces associated with instrument
approach and departure of aircraft to and from the airport as determined by the Airport Manager.
B. Height limitations – Established. Except as otherwise provided in this chapter, no structure or tree
shall be permitted, approved, erected, altered, allowed to grow, or maintained in any surface created in
this chapter to have a height in excess of the height limits established below.
1. Approach Surface (Non-instrument). The height limitations for non-instrument approach surfaces
begin at a point two hundred (200) feet from and at the centerline elevation of the end of the
runway and extend for a horizontal distance of five thousand (5,000) feet at a slope of twenty to one
(20:1). (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
2. Transition surface. The height limitations for transition zones shall be as follows: One foot in
height for each seven feet in horizontal distance beginning at any point one hundred and twenty five
(125) feet normal to and at the elevation of the centerline of non-instrument runways, extending
two hundred (200) feet beyond each end thereof, extending to a height of one hundred and fifty
(150) feet above the airport elevation which is sixty three (63) feet above mean sea level. In addition
to the foregoing, there are established height limits of one foot vertical height for each seven feet
horizontal distance measured from the edges of all approach zones for the entire length of the
approach zones and extending upward and outward to the points where they intersect the
horizontal or conical surfaces. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
3. Horizontal surface. The height limitation for a horizontal zone shall be as follows: one hundred
and fifty (150) feet above the airport elevation or a height of two hundred and thirteen (213) feet
above mean sea level. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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4. Conical surface. The conical surface involves a slope of twenty to one (20:1) for a horizontal
distance of four thousand (4,000) feet. The relative difference in elevation between the inner and
outer edge of the conical surface is two hundred (200) feet. The elevation of the outer edge of the
conical surface is three hundred and fifty (350) feet above the established airport elevation. (Ord.
5026 § 1, 1997; Ord. 4229 § 2, 1987.)
C. Height limitations – Compliance. Where the height of any new structure or tree, has the potential to
exceed the surfaces established in ACC 18.38.070(A), applicants must demonstrate compliance with the
height limitation. Each application for a permit shall contain sufficient information to determine
whether the resulting structure or tree will conform to the regulations herein prescribed.
1. The Planning Director in consultation with the Airport Manager may require one or all of the
following documentation to demonstrate compliance with the surfaces established in ACC
18.38.070(A):
a. A certificate from a Washington state licensed professional, engineer, or land surveyor,
stating that no airspace obstruction will result from the proposed structure or tree being
constructed or installed.
b. The maximum elevation of proposed structures based on the established airport elevation.
c. Prepare and submit FAA Form 7460 “Notice of Proposed Construction or Alteration”.
d. Other documentation as determined by the Airport Manager.
D. Height limitations – Mitigation and Maintenance. Where the height of any new structure or tree,
exceeds the surfaces established in ACC 18.38.070(A), applicants will be responsible for the following
mitigation and ongoing maintenance activities:
1. The Airport Manager may require the installation of markers and lights or markers as a warning to
aircraft. The markers and lights shall meet FAA specifications, be installed, operated, and maintained
at the expense of the owner of the structure. A public maintenance easement granting city access to
the markers and lights shall be required.
2. Trees shall be maintained such that they do not penetrate the airspace.
3. Exceptions may include the following:
a. Because of natural terrain, land contour, or topographic features, a structure or object
would extend above the height limits of each surface.
b. Structures necessary and incidental to airport operations.
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18.38.080 Nonconforming structures, trees, and uses.
A. Applicability. This section describes the circumstances in which a structure, tree, or use is considered
nonconforming and when nonconforming provisions apply. Any structure or tree that legally existed
prior to the regulations as of March 22, 1969 is considered nonconforming. Any use in ACC 18.38.030
that legally existed prior to the effective date of this ordinance is considered nonconforming. Any use in
ACC 18.38.060 that legally existed prior to the effective date of this ordinance is not considered
nonconforming. Nonconforming structures, trees, and uses are generally exempt from this chapter
except as may be compelled by state or federal regulations or if it loses its nonconforming status
pursuant to the regulations contained in this section.
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B. Marking and lighting. Notwithstanding the provisions of ACC 18.38.070(A), the owner of any
nonconforming structure or tree is required to permit the installation, operation, and maintenance
thereon of such markers and lights as are deemed necessary by the Airport Manager to indicate to the
operators of aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and
lights shall meet FAA specifications, be installed at City cost, and operated and maintained by the City. A
public maintenance easement agreement granting city access shall be required. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
C. Alteration. Alteration of nonconforming structures, trees, and uses are subject to the following
regulations.
1. Nonconforming structures may be maintained, repaired, restored, added onto, enlarged, or
relocated in accordance with the provisions of ACC 18.54.060. A nonconforming structure that is
restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as
established by the most current county assessor’s tax roll, relocated, enlarged, or added onto must
conform to ACC 18.38.070.
2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC.
3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC. A
nonconforming sign that is enlarged, made taller, relocated, or loses its nonconforming status per ACC
18.56.030(J), must conform to ACC 18.38.070.
4. Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform
to ACC 18.38.070.
5. Notwithstanding the provisions of ACC 18.38.080(C)(1) through (4), no permit shall be granted that
would allow the establishment or creation of an airport hazard or permit a nonconforming use,
structure, or tree to be made or become higher, or become a greater hazard to air navigation.
D. Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC
18.54.070. Any tree that is diseased, decayed, dead, or dying must be removed, and if required,
replaced with tree that conforms to ACC 18.38.070.
18.38.090 Variances.
A. Requirements. If the applicant seeks a variance to erect or increase the height of any structure, or
permit the growth of any tree, or use their property, not in accordance with the regulations prescribed
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in this chapter, the variance shall be subject to the criteria contained in ACC 18.70.010 and processed
according to the applicable provisions of Chapter 18.70 ACC.
B. Approval conditions. Any variance granted may, if such action is deemed advisable to effectuate the
purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the
owner of the structure or tree requesting a variance to install, operate and maintain at their own
expense such markers and lights as determined by the Airport Manager to indicate to aircraft operators
the presence of an airport hazard. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.100 Decision appeals – Generally.
Any person aggrieved, or any property owner affected, by any decision of the city made in its
administration of this chapter may appeal to the hearing examiner. (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.110 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and
any other regulations applicable to the same area, whether the conflict is with respect to the height of
structures or trees, the use of land, or any other matter, the more stringent limitation or requirement
shall govern and prevail. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.120 Enforcement.
It shall be the duty of the Department of Public Works and the Department of Community Development
to administer and enforce the regulations prescribed in this chapter. (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.130 Violation – Penalty.
Each violation of this chapter or of any regulation, order or ruling promulgated under this chapter
constitutes a misdemeanor and is punishable as provided in ACC 1.24.010. Each day a violation
continues to exist constitutes a separate offense. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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Chapter 18.01
USER GUIDE
18.01.030 How do I determine what uses are allowed on a particular property?
The first step in determining allowed uses is verifying the zoning on the property, which can be done by
speaking with city of Auburn planning department staff or by consulting the city’s official zoning map.
When verifying a property’s zoning, it is also important to note any overlays that may be marked on the
zoning map. Overlays may have additional requirements or otherwise modify the allowed uses and
development standards for a zone. The overlay regulations established for Lea Hill, West Hill, and
designated urban separator areas, are contained in Chapter 18.21 ACC, and for the airport are contained
in Chapter 18.38 ACC.
The sections devoted to particular zones described on the zoning map form the framework of the zoning
code. Each of these sections contains the intent statement for the particular zone, a table of allowed
uses, as well as tables for dimensional standards (building height, setbacks, and lot coverage) and cross-
references to other standards such as landscaping and parking requirements. It is important to note that
each section contains only regulations that apply specifically to that zone, and development standards
that apply to all zones are addressed through cross-references to other chapters of the zoning code.
(Ord. 6245 § 1, 2009.)
Chapter 18.04
DEFINITIONS
18.04.039 Aircraft Operations.
The movement of aircraft operating in the airport traffic pattern or within sight of the airport. A landing
or takeoff is one operation. An aircraft that takes off and then lands creates two aircraft operations.
18.04.072 Airport Manager.
See definition in Chapter 12.56 ACC.
18.04.040 Airport, heliport or aircraft landing field.
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“Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether
publicly or privately owned or operated, and which is designed, used or intended to be used either by
public carriers or by private aircraft for landing and taking off of aircraft. This definition includes all
necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and
open spaces. This definition does not include manufacturing, servicing or testing facilities located in the
vicinity of any landing area associated with the manufacturing or testing of commercial or military
aircraft or activities associated therewith
18.04.365 FAR Part 77 Surfaces.
The Federal Aviation Administration’s Federal Aviation Regulations (FAR) Part 77 Surfaces are the
imaginary airspace surfaces established with any relation to each runway of an airport. There are five
types of surfaces: (1) primary, (2) approach, (3) transitional, (4) horizontal, and (5) conical. These
surfaces are above and around airports and require protection from potential obstructions that might
interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the
ground. An object or structure with an elevation higher than the FAR Part 77 surface elevation is
considered to penetrate the FAR Part 77 Surfaces and constitute an obstruction to navigable airspace.
Navigable airspace is defined by the FAA pursuant to Title 14 Code of Federal Regulations Part 77,
Imaginary Surfaces.
18.04.676.1 Overlay Zone. “Overlay zone” is supplemental to the underlying zoning district and may
establish additional or stricter standards and criteria for properties in addition to those of the underling
zoning district.
Chapter 18.23
COMMERCIAL AND INDUSTRIAL ZONES
18.23.030 Uses.
A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each
commercial and industrial zone and the land use approval process required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030 (“Standards
for Specific Land Uses”) includes a reference to a code section number, the referenced section
Page 87 of 182
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determines other requirements and standards applicable to the use regardless of whether it is
permitted outright or requires an administrative or conditional use permit.
C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are
separately prohibited by that chapter or will be required to comply with additional regulations that are
associated with the airport overlay.
Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and
Industrial Zones
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
Building contractor,
heavy
X X X X X A X P
Manufacturing,
assembling and
packaging – Light
intensity
X X X P X P P P ACC 18.31.180
Manufacturing,
assembling and
packaging – Medium
intensity
X X X A X P A P ACC 18.31.180
Manufacturing,
assembling and
packaging – Heavy
intensity
X X X X X X X A ACC 18.31.180
Marijuana processor X X X X X C C C Chapter 18.59 ACC
Page 88 of 182
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Marijuana producer X X X X X C C C Chapter 18.59 ACC
Marijuana researcher X X X X X C C C Chapter 18.59 ACC
Marijuana retailer X X X C X C C C Chapter 18.59 ACC
Marijuana transporter
business
X X X X X C C C Chapter 18.59 ACC
Outdoor storage,
incidental to principal
permitted use on
property
X X X P X P P P ACC 18.57.020(A)
Storage – Personal
household storage
facility (mini-storage)
X P X P X P X P ACC 18.57.020(B)
Warehousing and
distribution
X X X X X P P C ACC 18.57.020(C)
Warehousing and
distribution, bonded and
located within a
designated foreign trade
zone
X X X P X P P P
Wholesaling with on-site
retail as an incidental use
(coffee, bakery, e.g.)
X X X P X P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation
facility, indoor
X P P P P P P A
Page 89 of 182
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Commercial recreation
facility, outdoor
X X X A A P A A ACC 18.57.025(A)
Conference/convention
facility
X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or
private
A P P P X A P A
Movie theater, except
drive-in
X P P P P X X X
Private school –
Specialized
education/training (for
profit)
A A P P P P P P
Religious institutions, lot
size less than one acre
A P P P A A A A
Religious institutions, lot
size more than one acre
C P P P A A A A
Sexually oriented
businesses
X X X P X P X P Chapter 18.74 ACC
Sports and
entertainment assembly
facility
X X A A X A X A
Studio – Art, dance,
martial arts, music, etc.
P P P P P P A A
RESIDENTIAL
Page 90 of 182
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Caretaker apartment X P P P X P P P
Live/work unit X X P P P P P X
Work/live unit X P P P P P P X
Marijuana cooperative X X X X X X X X
Multiple-family dwellings
as part of a mixed-use
development2
X X P P P P P X ACC 18.57.030
Multiple-family
dwellings, stand-alone
X X X X X X X X
Nursing home, assisted
living facility
X P P P C X X X
Senior housing2 X X A A X X X X
RETAIL
Building and landscape
materials sales
X X X P X P X P ACC 18.57.035(A)
Construction and heavy
equipment sales and
rental
X X X X X A X P
Convenience store A A P P X P P P
Drive-through espresso
stands
A A A P A P A A
Drive-through facility,
including banks and
restaurants
A A A P P P X P ACC 18.52.040
Page 91 of 182
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Entertainment,
commercial
X A P P X A X A
Groceries, specialty food
stores
P P P P P P P X ACC 18.57.035(B)
Nursery X X X P A P X P ACC 18.57.035(C)
Outdoor displays and
sales associated with a
permitted use
(auto/vehicle sales not
included in this category)
P P P P P P P P ACC 18.57.035(D)
Restaurant, cafe, coffee
shop
P P P P P P P P
Retail
Community retail
establishment
A P P P P P X P
Neighborhood retail
establishment
P P P P P P X P
Regional retail
establishment
X X X P P P X A
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility,
small craft distillery,
small craft brewery
A P P P P P P P
SERVICES
Page 92 of 182
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Animal daycare
(excluding kennels and
animal boarding)
A A A P A P X P ACC 18.57.040(A)
Animal sales and services
(excluding kennels and
veterinary clinics)
P P P P P P X P ACC 18.57.040(B)
Banking and related
financial institutions,
excluding drive-through
facilities
P P P P P P P P
Catering service P P P P A P A P
Daycare, including mini
daycare, daycare center,
preschools or nursery
schools
A P P P P P P X
Dry cleaning and laundry
service (personal)
P P P P P P P P
Equipment rental and
leasing
X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
Government facilities;
this excludes offices and
related uses that are
permitted outright
A A A A A A A A
Hospital X P P P X P X P
Lodging – Hotel or motel X P P P P A P A
Page 93 of 182
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Medical – Dental clinic P P P P P P X X
Mortuary, funeral home,
crematorium
A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing
(of books, newspaper
and other printed
matter)
X A P P P P P P
Professional offices P P P P P P P P
Repair service –
Equipment, appliances
X A P P P P X P ACC 18.57.040(D)
Veterinary clinic, animal
hospital
A P P P P P X X
Youth community
support facility
X P X X X X X X ACC 18.57.040(E)
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and
specialized
transportation facility
X X X A X P X P
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal1 X X X X X X X X See Footnote No. 1
Page 94 of 182
ZOA20-0002 Page 23 of 25
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Parking facility, public or
commercial, surface
X P P P P P P X
Parking facility, public or
commercial, structured
X P P P P P P X
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Utility transmission or
distribution line or
substation
A A A A A A A A
Wireless
communications facility
(WCF) (See ACC
18.04.912(W))
* * * * * * * * *See ACC 18.31.100 for
use regulations and
zoning development
standards.
Eligible facilities request
(EFR) (wireless
communications facility)
(See ACC 18.04.912(H))
P P P P P P P P
Small wireless facilities
(ACC 18.04.912(Q))
P P P P P P P P
VEHICLE SALES AND SERVICES
Automobile washes
(automatic, full or self-
service)
X A X P P P X P ACC 18.57.050(A)
Auto parts sales with
installation services
X A A P P P X P
Auto/vehicle sales and
rental
X A X P X P X P ACC 18.57.050(B)
Page 95 of 182
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PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY
ZONE
P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for Specific
Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Fueling station X A A P P P X P ACC 18.57.050(C)
Mobile home, boat, or
RV sales
X X X P X P X P
Vehicle services –
Repair/body work
X X A P X P X P ACC 18.57.050(D)
OTHER
Any commercial use
abutting a residential
zone which has hours of
operation outside of the
following: Sunday: 9:00
a.m. to 10:00 p.m. or
Monday – Saturday: 7:00
a.m. to 10:00 p.m.
A A A A A A A A
Other uses may be
permitted by the
planning director or
designee if the use is
determined to be
consistent with the
intent of the zone and is
of the same general
character of the uses
permitted. See ACC
18.02.120(C)(6),
Unclassified Uses.
P P P P P P P P
Page 96 of 182
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1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the ordinance
codified in this section, is an outright permitted use in the M-1 and M-2 zones. Any maintenance, alterations and
additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards,
are allowed.
2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015)
is an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use
development changes, then the nonresidential use shall maintain a minimum of 10 percent of the cumulative
building ground floor square footage consisting of the uses permitted outright, administratively, or conditionally,
listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” of the C-1 zone.
(Ord. 6799 § 6 (Exh. F), 2020; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6688 § 1 (Exh. 1), 2018; Ord. 6644 § 2,
2017; Ord. 6642 § 9, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
Page 97 of 182
September 3, 2021
City of Auburn
25 West Main Street
Auburn, WA 98002
RE: City of Auburn Aviation Consultation
Dear Alexandria Teague:
This correspondence is to confirm that the City of Auburn has formally consulted with
the Washington State Department of Transportation (WSDOT) Aviation Division
regarding the comprehensive plan update. WSDOT appreciates the city’s efforts and
recognizes the substantial time and resources this represents.
RCW 36.70.547 and 36.70A.510 requires local jurisdictions to formally consult with
airport owners, managers, private airport operators, general aviation pilots, ports, and
the Aviation Division of WSDOT prior to adoption of comprehensive plan policies or
development of regulations that may affect property adjacent to public use airports. The
main goals of the formal consultation are to avoid, minimize, and resolve potential
land use conflicts with airports through the comprehensive plan and development of
regulations. WSDOT recommends that local jurisdictions initiate formal consultation as
early as possible in the planning process. This is to assure that all parties have an
opportunity to work together to find comprehensive solutions of mutual benefit that
fulfill the intent of the legislation, consistent with local jurisdictions’ land use planning
authorities and obligations under law.
The following is a general summary of recommendations discussed during the formal
consultation meeting:
− The City of Auburn with the support of WSDOT Aviation has commited to
implementing airport compatibility zoning to prevent incompatible land use
near the airport.
− WSDOT Aviation is available for consultation and technical guidance.
We appreciate the City of Auburn’s commitment to working with stakeholders to
achieve a compatible outcome and adopt zoning to protect the Auburn Municipal
EXHIBIT D
Page 98 of 182
Airport. It is critical that every effort be made to discourage incompatible land uses that
impair the airport’s ability to operate as an essential public facility. We thank you again
for the opportunity to comment, and remain available to formally consult and provide
technical assistance. Please don’t hesitate to contact me at 360-890-5258 or
max.platts@wsdot.wa.gov if you have any questions.
Sincerely,
T.S. “Max” Platts
Aviation Planner
Page 99 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6842 (Thomas)
Date:
November 5, 2021
Department:
Finance
Attachments:
Ordinance No. 6842
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6842.
Background for Motion:
Sets the 2022 Property Tax Levy at $23,897,840, which represents a 1% increase, or
$233,481, over the 2021 Property Tax Levy, plus the value of new construction and refunds.
Background Summary:
Proposed Ordinance No. 6842 establishes the 2022 Property Tax Levy based on the
Assessed Valuations provided by King County. It represents a 1% increase over the 2021
levy of $233,481, plus the increase due to new construction and refund levy. The following
table summarizes the 2022 Property Tax levy:
T able 1. 2022 Property T ax Levy Calculations
2021 property tax levy $ 23,348,142
1.000% increase 233,481
Estimated new construction 265,713
Estimated refund levy 50,503
Total Estimated property tax levy $ 23,897,840
As of this date, the County has preliminarily established the 2022 assessed valuation (including
estimated new construction) for the City of Auburn at $14.4 billion which is an 8.9% increase over
the 2021 value of $13.2 billion. The total 2022 Property Tax Levy will be distributed to the General
Fund to support general governmental operations.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:November 15, 2021 Item Number:ORD.C
Page 100 of 182
----------------------------
Ordinance No. 6842
November 15, 2021
Page 1 of 3
ORDINANCE NO. 6842
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING THE LEVY FOR
REGULAR PROPERTY TAXES BY THE CITY OF AUBURN
FOR COLLECTION IN 2022 FOR GENERAL CITY
OPERATIONAL PURPOSES IN THE AMOUNT OF
$23,897,840
WHEREAS, the City Council of the City of Auburn has met and considered
its budget for the calendar year 2022; and
WHEREAS, pursuant to RCW 84.55.120 the City Council held public
hearings on October 18, 2021 and November 1, 2021, after proper notice was
given, to consider the property tax levy needed to support the City of Auburn’s
2022 budget; and
WHEREAS, the City Council of the City of Auburn, after public hearing,
and after duly considering all relevant evidence and testimony presented, has
determined that the City of Auburn requires property tax revenue and any
increase of new construction and improvements to property, any increase in the
value of state-assessed property, annexations, and any refund levies in order to
discharge the expected expenses and obligations of the City and in its best
interest; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regular property taxes for collection in the City of Auburn
for the year 2022 are authorized in the amount of $23,897,840. Not including the
Page 101 of 182
----------------------------
Ordinance No. 6842
November 15, 2021
Page 2 of 3
addition of new construction and improvements to property, any increases
related to the value of state assessed property, and any refund levies available,
the regular property tax levy for 2022 collection represents an increase from
regular property taxes levied for collection in 2021 of $233,481 which is a 1.0%
increase in revenue from the previous year.
Section 2. Implementation. The Mayor is hereby authorized to
implement those administrative procedures necessary to carry out the directions
of this legislation.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
of it to any person or circumstance will not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: _________________
PASSED: ______________________
APPROVED: ___________________
____________________________
NANCY BACKUS,MAYOR
Page 102 of 182
----------------------------
Ordinance No. 6842
November 15, 2021
Page 3 of 3
ATTEST:
_____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ________________
Page 103 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5623 (Comeau)
Date:
November 8, 2021
Department:
Legal
Attachments:
Resolution No. 5623
King County Access Easement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5623.
Background for Motion:
Background Motion: Granting an access easement to King County over this portion of City
property - Tract E of Auburn 40 P.U.D., will provide King County the access for their work,
while causing very little impact to the City property.
Background Summary:
The City owns real property, Tract E of Auburn 40 P.U.D (the “City property”). King County
owns property along the Green River which includes a levee. Access to the County property
in this location is limited and some distance away. Granting an access easement across a
portion of the City property will not impact the City’s property rights or the City’s access and
use of the property but will provide King County a quicker, more favorable access to the King
County properties located in this area.
Rev iewed by Council Committees:
Councilmember:Staff:Comeau
Meeting Date:November 15, 2021 Item Number:RES.A
Page 104 of 182
--------------------------------
Resolution No. 5623
10/26/2021
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN ACCESS EASEMENT IN FAVOR OF KING
COUNTY FOR ACCESS ACROSS A PORTION OF CITY
OWNED PROPERTY – TRACT E OF AUBURN 40 P.U.D.
WHEREAS, the City of Auburn owns Tract E of Auburn 40 P.U.D, real property, also
designated as King County parcel number 030140-2420; and
WHEREAS, King County needs access across a portion of the City property in order to
access property it owns;
WHEREAS, granting the Access Easement to King County will allow King County access
to County-owned property, which contains levees along the Green River and is therefore in the
public interest to grant such access that does not diminish the City’s property rights;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Access Easement in favor of King
County, which easement will be in substantial conformity with the easement attached.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
Page 105 of 182
--------------------------------
Resolution No. 5623
10/26/2021
Page 2 of 2 Rev. 2020
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 106 of 182
King County / City of Auburn – Access Easement - Page 1 of 7
Recording Requested By and
When Recorded Return to:
King County
Water and Land Resources Division
Open Space Acquisitions
201 South Jackson Street, Suite 5600
Seattle, WA 98104
______________________________________________________________________________
ACCESS EASEMENT
Grantor: City of Auburn, a municipal corporation
Grantee: King County, a political subdivision of the State of Washington
Legal Description (abbreviated): Trt E Subdivision: Auburn 40 P.U.D.
Assessor’s Tax Parcel Number: portion of 030140-2420
The undersigned City of Auburn, a municipal corporation of the State of Washington, its
successors and assigns (the “Grantor”), for and in consideration of mutual benefits and other
valuable considerations, the receipt and sufficiency of which is hereby acknowledged, hereby
conveys and grants to King County, a political subdivision of the State of Washington, its
employees, contractors or guests (the “Grantee”) an easement for ingress and egress over, across,
along a portion of the following described property (the “Property”):
TRACT E, AUBURN 40 P.U.D., ACCORDING TO PLAT RECORDED IN VOLUME
255 OF PLATS, PAGES 51 THROUGH 58 AND RECORDED UNDER RECORDING
NO. 20100826001442, RECORDS OF KING COUNTY, WASHINGTON.
Said portion of the Property being legally described in Exhibit A and depicted in Exhibit
B, which are attached hereto and incorporated herein, (“the Easement Area”). The easement is
for the benefit of the following described property (the “Benefitted Property”):
PARCEL A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA-17-
0014, RECORDED UNDER RECORDING NO. 20180719900022.
DocVerify ID: 1B786BEB-991F-46C3-9B08-CC9E57606ED3
www.docverify.com1B786BEB-991F-46C3-9B08-CC9E57606ED3 --- 2021/10/21 12:58:03 -8:00 --- Remote NotaryPage 1 of 7 1CC9E57606ED3
Page 107 of 182
King County / City of Auburn – Access Easement - Page 2 of 7
Grantor and Grantee, by accepting and recording this access easement (the “Easement”),
mutually covenant and agree as follows:
Grantee, and its employees, agents, contractors and invitees shall have the right to use the
Easement Area for non-vehicular and vehicular ingress and egress to the Benefitted Property. In
its exercise of the rights herein granted, Grantee shall minimize its impacts to the Easement Area
and shall promptly restore any damage arising from its activities or its agents’ activities within
the Easement Area. Grantee shall not disturb or destroy any landscaping features, fencing,
structures, improvements, or other features located outside of the Easement Area on the
remainder of the Property. Grantee covenants to take reasonable accommodations to minimize
noise impacts to the surrounding neighborhood when accessing the Easement Area, including but
not limited to restricting the use of motorized vehicles or equipment on or across the Easement
Area to between the hours of 7am to 7pm unless in response to an emergency situation.
Grantor reserves the right to use the Easement Area for purposes consistent with the rights herein
granted. Grantor shall not undertake any activity or erect any fence or other structure which
would eliminate Grantee’s access to the Benefitted Property through the Easement Area.
To the extent permitted by law, each party shall protect, defend, indemnify and save harmless the
other party, its officials, employees and agents, from any and all costs, expenses, claims, actions,
suits, liability, loss, judgments, attorneys’ fees and/or awards of damages arising out of or in any
way resulting from the indemnifying party’s, or its officials’, employees’ or agents’ negligent
acts, errors or omissions related to the Easement Area or any improvements therein. If such
costs, expenses, claims, actions, suits, liability, loss, judgments, attorneys’ fees and/or awards of
damages are caused by, or result from, the concurrent negligence of the parties, or their officials,
employees and agents, this Section shall be valid and enforceable only to the extent of the
negligence of each party, its officials, employees and agents.
If either party shall bring an action to enforce the terms of this Easement in any such action the
prevailing party shall be entitled to an award of its reasonable attorneys' fees and reasonable
costs. Said costs and attorneys' fees shall include, without limitation, costs and attorneys' fees
incurred in any appeal or in any proceedings under any present or future federal bankruptcy,
forfeiture or state receivership or similar law. The hourly rates for any award of attorneys’ fees
will be calculated based on the rate that would be charged for the services provided by an
attorney who is in private practice, of the same expertise and experience as the prevailing party’s
attorney(s).
This Easement shall be governed by and construed and enforced in accordance with the laws of
the State of Washington.
This Easement may be executed in multiple counterparts, all of which taken together shall
constitute one and the same instrument.
DocVerify ID: 1B786BEB-991F-46C3-9B08-CC9E57606ED3
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King County / City of Auburn – Access Easement - Page 3 of 7
Effective as of this ___ day of ____________, 2021.
GRANTOR: City of Auburn, a municipal corporation
of the State of Washington.
BY: _________________________________
Name: __________________________
Title: __________________________
GRANTEE: King County, a political subdivision
of the State of Washington.
BY: ________________________________________
Department of Natural Resources & Parks
Name: ___________________________
Title: ____________________________
DocVerify ID: 1B786BEB-991F-46C3-9B08-CC9E57606ED3
www.docverify.com1B786BEB-991F-46C3-9B08-CC9E57606ED3 --- 2021/10/21 12:58:03 -8:00 --- Remote NotaryPage 3 of 7 3CC9E57606ED3
WLR Division Director
Josh Baldi
28DC7EDE8E7F
Signed on 2021/10/21 13:07:50 -8:00
-RVK%DOGL
Page 109 of 182
King County / City of Auburn – Access Easement - Page 4 of 7
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ____________________________ is the
person who appeared before me, and said person acknowledged that __he signed this instrument,
on oath stated that __he is authorized to execute the instrument and acknowledged it as the
____________________of ___________________ to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated: _____________________
______________________________
______________________________
Printed name
Notary Public in and for the
State of Washington
Residing at __________________
My appointment expires _______
DocVerify ID: 1B786BEB-991F-46C3-9B08-CC9E57606ED3
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King County / City of Auburn – Access Easement - Page 5 of 7
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ____________________________ is the
person who appeared before me, and said person acknowledged that __he signed this instrument,
on oath stated that __he is authorized to execute the instrument and acknowledged it as the
________________________________________________ of the Department of Natural
Resources and Parks of King County to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated: _____________________
______________________________
______________________________
Printed name
Notary Public in and for the
State of Washington
Residing at __________________________
My appointment expires _______
DocVerify ID: 1B786BEB-991F-46C3-9B08-CC9E57606ED3
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Notarial act performed by audio-visual communication
5/31/2025
Tacoma
Julie Sanders
10/21/2021
WLR Division Director
Josh Baldi
DocVerifyJULIE SANDERS
NOTARY PUBLIC STATE OF WASHINGTON
Commission # 192651
My Commission Expires May 31, 2025
6990205C2711Notary Stamp 2021/10/21 13:07:50 PST
6990205C2711
Signed on 2021/10/21 13:07:50 -8:00Si d 2021/10/21 13 07 50 8 00
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King County / City of Auburn – Access Easement - Page 6 of 7
EXHIBIT A
LEGAL DESCRIPTION – THE EASEMENT AREA
All that portion of the hereinabove described Tract E, Open Space, Auburn 40 P.U.D. lying
northwesterly of a line connecting the east corner of Lot 167 and the northeast corner of Tract E
of said plat.
Situate in the Southeast Quarter of the Southeast Quarter of Section 31, Township 22 North,
Range 5 East, Willamette Meridian, King County, Washington.
Containing 6,350 sq. ft., more or less.
DocVerify ID: 1B786BEB-991F-46C3-9B08-CC9E57606ED3
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King County / City of Auburn – Access Easement - Page 7 of 7
EXHIBIT B
MAP OF EASEMENT AREA
DocVerify ID: 1B786BEB-991F-46C3-9B08-CC9E57606ED3
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Page 113 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5626 (Gaub)
Date:
November 8, 2021
Department:
Public Works
Attachments:
Resolution No. 5626
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5626.
Background for Motion:
Resolution No. 5626 will set December 20, 2021, as the date for a public hearing regarding a
vacation of right-of-way on West Main Street, east of Lund Road SW.
Background Summary:
Ralph T. Pozzi has applied to the City for vacation of the right-of-way of a portion of West
Main Street, east of Lund Road SW. The applicant owns the adjacent parcel #1321049008 to
the south and is proposing to incorporate the right-of-way into development of the adjacent
property to add additional parking for the associated business on the property.
The application has been reviewed by City staff and utility purveyors who have an interest in
this right-of-way. Through this review City staff has determined that the right-of-way is no
longer necessary to meet the needs of the City and could be vacated with conditions.
Resolution No. 5626, if adopted by City Council, sets the date of the Public Hearing for ROW
Vacation No. VAC21-0002 for December 20, 2021.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:November 15, 2021 Item Number:RES.B
Page 114 of 182
----------------------------
Resolution No. 5626
ROW Vacation VAC21-0002
November 3, 2021
Page 1 of 3
RESOLUTION NO. 5626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO
CONSIDER THE VACATION OF RIGHT-OF-WAY OF A
PORTION OF WEST MAIN STREET, EAST OF LUND ROAD
SW, WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington, has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting right-of-way located within a
portion of West Main Street, east of Lund Road SW, within the City of Auburn, requesting
vacation of the right-of-way; and,
WHEREAS, Section 35.79.010 of the Revised Code of Washington, requires that the
City set a public hearing on vacation by Resolution, with the date of the hearing being not
more than sixty (60) days nor less than twenty (20) days after the date of passage of such
Resolution.
WHEREAS, this Resolution is consistent with Auburn City Code 12.48.070 and calls
for a public hearing to consider the proposed vacation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. That a hearing on the vacation of right-of-way located within a portion
of West main Street, east of Lund Road SW, located within the City of Auburn, Washington,
legally described as follows:
Page 115 of 182
----------------------------
Resolution No. 5626
ROW Vacation VAC21-0002
November 3, 2021
Page 2 of 3
COMMENCING AT THE NORTHEAST CORNER OF LOT 1
OF CITY OF AUBURN SHORT PLAT NUMBER SP-11-85,
RECORDED JANUARY 08, 1986 UNDER RECORDING
NUMBER 8601080790, IN KING COUNTY, WASHINGTON;
THENCE NORTH 86°14’47” WEST ALONG THE NORTH
LINE OF SAID LOT 1 A DISTANCE OF 65.87 FEET;
THENCE SOUTH 03°45’13” WEST 3.00 FEET TO THE
BEGINNING;
THENCE CONTINUING SOUTH 03°45’13” WEST 27.00 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
RIGHT THE RADUIS POINT OF WHICH BEARS NORTH
03°45’13” EAST DISTANT 2260.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 8°35’30” AN ARC LENGTH OF 338.89 FEET;
THENCE NORTH 77°39’17” WEST 31.05 FEET;
THENCE NORTH 86°14’47” WEST 30.07 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT
THE RADIUS POINT OF WHICH BEARS SOUTH 80°54’28”
EAST DISTANT 30.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 94°02’01” AN ARC LENGTH OF 49.24 FEET TO
THE BEGINNING OF A CURVE TO THE LEFT HABING A
RADUIS OF 2233.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 9°22’20” AN ARC LENGTH OF 365.27 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 10,620 SQUARE FEET, MORE
OR LESS.
and as shown on the document attached, marked as Exhibit “A”, is set for 7:00 p.m. on the
20th day of December, 2021, at the City Council Chambers at 25 West Main Street, Auburn,
Washington, 98001, with all persons wishing to speak to the vacation at the public hearing
being invited to attend.
Section 2. The Mayor is authorized to implement those administrative
Page 116 of 182
----------------------------
Resolution No. 5626
ROW Vacation VAC21-0002
November 3, 2021
Page 3 of 3
procedures necessary to carry out the directives of this legislation, including posting
notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures.
DATED and SIGNED this day of , 2021.
CITY OF AUBURN
______________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Page 117 of 182
Page 118 of 182
Page 119 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5628 (Tate)
Date:
November 8, 2021
Department:
Community Development
Attachments:
Resolution No. 5628
2022 Final CDBG Annual Action Plan
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5628.
Background for Motion:
Resolution No. 5628 adopts the 2022 Annual Action Plan for the City of Auburn’s Community
Development Block Grant. This is a requirement of the Department of Housing and Urban
Development in order to receive our annual entitlement award. Resolution 5628 will allow the
City to carry out planned expenditures in accordance with the priorities established by the
Council-approved 2020-2024 CDBG Consolidated Plan.
Background Summary:
Every year, the City of Auburn is required to submit an Annual Action Plan to the Department
of Housing and Urban Development (HUD) to guide the investment of Community
Development Block Grant (CDBG) funds for the following program year. Auburn’s current
Action Plan ends in 2021 with the next plan year scheduled to start on January 1, 2022.
The 2022 Annual Action Plan is guided by the priorities and goals established in the 2020 –
2024 Consolidated Plan adopted by City Council in November 2019. The Action Plan outlines
the specific programs and activities to be undertaken for the program year and the amount of
funds that will be awarded to those projects. The program year for the City of Auburn begins
January 1 and ends December 31.
A Public Hearing to consider this Plan and hear public comment was held before the City
Council on November 1, 2021 in accordance with Auburn’s Citizen Participation Plan for
Community Development Block Grant funds.
Resolution No. 5628, if adopted by City Council, adopts the 2022 Annual Action Plan, and
authorizes the Mayor to implement such administrative procedures as may be necessary to
carry out directions of the legislation.
Rev iewed by Council Committees:
Councilmember:Mulenga Staff:Tate
Page 120 of 182
Meeting Date:November 15, 2021 Item Number:RES.C
Page 121 of 182
--------------------------------
Resolution No. 5628
October 7, 2021
Page 1 of 2
RESOLUTION NO. 5628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADOPTING THE 2022
COMMUNITY DEVELOPMENT BLOCK GRANT ACTION
PLAN FOR THE CONSOLIDATED PLAN YEARS 2020-2024
WHEREAS, the City of Auburn was designated as an entitlement community by
the U.S. Department of Housing and Urban Development (HUD) for its Community
Development Block Grant (CDBG) Program; and
WHEREAS, the primary objective of the Consolidated Plan and CDBG Program is
the development of viable urban communities by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for persons of low -
income and moderate-income; and
WHEREAS, to be eligible for funding, the City of Auburn must annually update the
action plan for its Consolidated Plan that serves as a federally required planning
document to guide the City of Auburn’s human service and community development
efforts; and
WHEREAS, the planning process to develop the Consolidated Plan involved
citizen participation and guidance from non-profit and governmental agencies serving low
income residents in the community; and
WHEREAS, the City Council of the City of Auburn heard and considered public
comment about its proposed 2022 Action Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY
RESOLVES as follows:
Page 122 of 182
--------------------------------
Resolution No. 5628
October 7, 2021
Page 2 of 2
Section 1. Pursuant to the provisions of 24 CFR 91, the City hereby adopts the
2022 Action Plan for the Consolidated Plan for Years 2020 -2024.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2021.
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Page 123 of 182
Annual Action Plan
2022
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 2022 are outlined
in this Annual Action Plan.
The City of Auburn anticipates the receipt of $650,000 in Community Development Block Grant
(CDBG) funds in 2022. 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 2022 Action Plan proposes to allocate $95,000 of CDBG funds to public services. Most of
those funds ($55,000) will be used to support Homelessness Prevention and Intervention. The
remaining $40,000 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 $125,000 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. $100,000 of the 2022 funding is designated to support sidewalk ADA
improvements in low- to moderate-income residential areas. The remaining $330,000 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 the primary
activities included are underway.
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Annual Action Plan
2022
2
OMB Control No: 2506-0117 (exp. 06/30/2018)
2. Summarize the objectives and outcomes identified in the Plan
This Action Plan allocates a total of $650,000 dollars in anticipated 2022 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 2020 alone, projects funded by the City
completed the following:
• 40 very low- and low-income Auburn homeowners received housing repair services.
Roughly 70% of these homeowners were seniors.
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2022
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OMB Control No: 2506-0117 (exp. 06/30/2018)
• Over 2,800 low to moderate income residents received free or low cost medical care
related to the COVID-19 pandemic.
• 161 low- to moderate-income Auburn residents impacted by the COVID-19 pandemic
received emergency subsistence supports.
• A sidewalk project was completed to support greater ADA accessibility for Auburn
residents, with an estimated direct impact for 3,500 residents.
The City of Auburn has prioritized COVID response with CDBG funds over the course of the
pandemic. In addition to fully allocating the CDBG-CV funds made available, the City reallocated
$205,000 of 2020 CDBG-EN funds to public services directed towards those impacted by the
COVID-19 pandemic. The City also applied for and received over $170,000 of CDBG-CV2 funds
from the State Department of Commerce to support eviction prevention efforts in the
community in 2021 and 2022.
4. Summary of Citizen Participation Process and consultation process
The city is engaged in a public participation process for the 2022 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
October 1, 2021. Interested community members can provide comment via mail, email,
or on the City’s public engagement web platform, Speak Up Auburn!, at
www.speakupauburn.org/cdbg.
• A public hearing was provided on September 27, 2021, during the City’s Human Services
Committee meeting to hear public comment and input on priorities to be included in
the 2022 Annual Action Plan. Consistent with local health guidelines related to COVID-
19, this public hearing was conducted virtually.
• A public comment period was made available prior to drafting the plan, from September
14-27, 2021. Residents could provide comment through mail, email, or on the City’s
public engagement web platform, Speak Up Auburn.
• An additional public hearing was held on November 1, 2021, during the Auburn City
Council meeting, to hear public comment and input on the published draft of the 2022
Annual Action Plan.
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
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Annual Action Plan
2022
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OMB Control No: 2506-0117 (exp. 06/30/2018)
consultations regarding public services, fair housing, and other topics relevant to the drafting of
the 2022 Annual Action Plan included: the South King Housing and Homelessness Partners, 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
One comment was received via email by a community member seeking emergency financial
assistance. In addition to noting their comment, staff reached out to the resident to provide
additional resources to provide more immediate support for their individual needs.
6. Summary of comments or views not accepted and the reasons for not accepting them
No comments were rejected.
7. Summary
Although we did not receive comments through the Speak Up Auburn website, our traffic to the
site to review the plan and our City’s CDBG page increased significantly, indicating engagement
with the draft plan. During the public comment period of October 1-November 1, 2021, the
CDBG page incurred 33 views (up from a monthly average of 6 between May 2021 and July
2021). The majority of these views were from a direct link, likely in the City’s email
communications regarding our published plan.
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2022
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 Consolidated
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 funded
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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2022
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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 2022 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, mental 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
2022
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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.
In 2016, King County and All Home, our region’s Continuum of Care (CoC) lead agency at the time,
launched the Coordinated Entry for All (CEA) system for homeless populations and our region 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.
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.
In 2021, the newly-created King County Regional Homelessness Authority (KCRHA) became our CoC lead
agency, and has worked to consolidate structures and contracts across King County and Seattle to create
greater efficiency and maximize impact. Auburn’s mayor currently sits on the Governance Board of the
Regional Homelessness Authority, and staff participate in bi-weekly meetings with KCRHA to collaborate
and inform the work they are overseeing, particularly in regards to subregional planning.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate ESG funds, develop performance 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 continue to look for deeper ways of participating in and collaborating with the Regional
Homelessness Authority and its Advisory Committee, which serves as our Continuum of Care.
The City of Auburn supports the continuum of housing including prevention, emergency shelter, and
permanent housing. The City provides financial support for these efforts with City general funds and
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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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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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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 consulting
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 staff
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 not 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
Public participation plays a crucial role in the success of the City's Annual Action Plan. The goals are to hear the community'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 experiencing 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.
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Citizen Participation Outreach
Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attend
ance
Summary of
comments recei
ved
Summary of comm
ents 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 Speak Up
Auburn
Non-
targeted/broad
community
www.speakupauburn.or/cdbg
4. Web posting
on City’s
Community
Services page
Broad
community,
Service
providers in
Auburn
www.auburnwa.gov/community
services
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
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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
$650,000 0 0 $650,000 $1,950,000 Auburn is anticipating
approximately
$650,000 per year in
CDBG funds for the
remainder of the
Consolidated Plan
period.
ARPA Public
-
federal
Public Services $1,000,000 Auburn is anticipating
allocating
approximately
$1,000,000 of ARPA
funds to public services
during the remainder
of the Con Plan period
General Fund Public
- local
Public Services Estimated:
$680,000
0 0 Estimated:
$680,000
$1,880,000
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
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 will be distributing federal ARPA
funds in the next three years, with an expected allocation of $1,000,000 to support the City’s Human Services Grant program.
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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 needs
identified in the plan
N/A
Discussion
The City of Auburn will use CDBG funds to support all eligible projects 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: 45 Persons Assisted
2 Ending
Homelessness
2020 2024 Homeless Ending
Homelessness
CDBG: $55,000 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:
$100,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 500 Persons Assisted
4 Planning and
Administration
2020 2024 CDBG:
$125,000
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
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
projects and administrative activities.
Should CDBG revenues come in less than originally proposed, the City will continue managing
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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: $330,000
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 12/31/2022
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: $125,000
Description General administration and project management
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Target Date 12/31/2022
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 12/31/2022
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
5 Project Name Fair Housing Public Services
Target Area
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Goals Supported Affordable Housing
Needs Addressed Ensure a Suitable Living Environment.
Funding CDBG: $40,000
Description Make funds available through an RFP process to nonprofit agencies to provide Fair Housing services to
Auburn residents.
Target Date 12/31/2022
Estimate the number and type
of families that will benefit
from the proposed activities
An estimated 45 low income households will benefit from the proposed activity.
Location Description n/a
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: $100,000
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Description Provide sidewalk ADA improvements in low- to moderate-income residential areas of Auburn, improving
accessibility, safety, and community connectedness.
Target Date 12/31/2022
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 TBD
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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, South King Housing and Homelessness
Partners, and the Housing Development Consortium of Seattle King County have allowed the City to explore new and innovative
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 housing 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 housing. 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 agencies 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 cities 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 were used to inform and aid in the development
of Auburn’s own Housing Action Plan.
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Auburn’s Housing Action Plan focuses 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 was adopted by Auburn City Council on July 6, 2021. The City will continue
its work in implementing strategies identified in the Housing Action Plan in 2022 and through the remainder of the Consolidated
Plan period.
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 Eviction
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. Auburn staff have been involved in local and regional policy
conversations exploring opportunities to further support anti-displacement efforts and reduce barriers to affordable housing
development within our jurisdiction.
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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 has formally adopted a Housing Action Plan, as discussed in AP-75, that is helping to
guide current and future efforts in this area. That plan is available to the public on the City of
Auburn’s website.
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
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increase the available options for South King County residents to access affordable housing and
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 $335,000 to the Housing Repair program, which serves low- and very low-
income residents and supports households to remain in safe and affordable housing.
• Allocating $55,000 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 cultivating 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, Seattle-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.
Page 154 of 182
Annual Action Plan
2021
32
OMB Control No: 2506-0117 (exp. 06/30/2018)
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
Discussion
Page 155 of 182
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5631 (Thomas)
Date:
November 5, 2021
Department:
Finance
Attachments:
Resolution No. 5631
Agreement
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5631.
Background for Motion:
Resolution No. 5631 is for a $100,261.00 grant from the Department of Ecology for the City’s
2021-2023 waste reduction and recycling grant program.
Background Summary:
The Washington State Department of Ecology (Ecology) requests to enter into an interlocal
agreement with the City of Auburn for the 2021-2023 Local Solid Waste Financial Assistance
Grant Program. Ecology has appropriated a 75% grant in the amount of $100,261.00 for the
City to promote waste reduction and recycling. The remaining 25% match of $33,420.33 will
come from a King County Waste Reduction and Recycling Grant.
The grant funding will be used to support the following: contamination reduction in recycling at
multifamily properties, community yard sale, classroom presentations, milk dispenser pilot program
with Auburn School District, outreach at City-sponsored events, and outreach related to the new
solid waste collection services contract.
Rev iewed by Council Committees:
Finance
Councilmember:Baggett Staff:Thomas
Meeting Date:November 15, 2021 Item Number:RES.D
Page 156 of 182
--------------------------------
Resolution No. 5631
November 5, 2021
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5631
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE DEPARTMENT OF ECOLOGY TO
IMPLEMENT THE 2021-2023 LOCAL SOLID WASTE
FINANCIAL ASSISTANCE GRANT PROGRAM AND
ACCEPTING PROGRAM GRANT FUNDS
WHEREAS, King County and the City of Auburn have adopted the King County Solid
Waste Management Plan, which includes recycling and waste reduction goals; and
WHEREAS, in order to help meet these goals, the Department of Ecology with King
County Solid Waste Division has established a waste reduction and recycling grant program for
the suburban cities; and
WHEREAS, this program provides funding to further the development of local waste
reduction and recycling for Auburn businesses and residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City and the
Department of Ecology for the 2021-2023 Local Solid Waste Financial Assistance Grant Program,
which agreement will be in substantial conformity with the agreement attached hereto, and to
accept program grant funds in the amount of $100,261.00.
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 157 of 182
--------------------------------
Resolution No. 5631
November 5, 2021
Page 2 of 2 Rev. 2020
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
Published: ________________
Page 158 of 182
Agreement No. SWMLSWFA-2021-AubuSW-00039
SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and CITY OF AUBURN, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
IMP City of Auburn
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
The City of Auburn will spend $133,681.33 to reduce recycling contamination and promote waste reduction and
recycling programs to residents, businesses, and schools. As a result, approximately 50 tons of potential waste will be
either prevented or recycled.
Project Long Description:
See the Scope of Work section for more detailed information related to individual Tasks .
Overall Goal:
Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
laws.
$133,681.33
$133,681.33
$100,261.00
$33,420.33
07/01/2021
06/30/2023
Planning & Implementation
Page 159 of 182
Page 2 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
CITY OF AUBURN
91-6001228
032942575
25 West Main St
Auburn, WA 98001
25 West Main St
Auburn, Washington 98001
jenelson@auburnwa.gov
Template Version 12/10/2020 Page 160 of 182
Page 3 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
Joan Nelson
Solid Waste & Recycling Supervisor
25 West Main St
Auburn, Washington 98001
Email: jenelson@auburnwa.gov
Phone: (253) 931-5103
Authorized
Signatory
Consuelo Rogel
Financial Analyst
25 West Main Street
Auburn, Washington 98001
Email: crogel@auburnwa.gov
Phone: (253) 804-5023
Billing Contact
Project Manager
Authorized
Signatory
Nancy Backus
Mayor
25 W Main St
Auburn, Washington 98001
Email: nbackus@auburnwa.gov
Phone: (253) 931-3041
Template Version 12/10/2020 Page 161 of 182
Page 4 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
Contacts
Project
Manager
Financial
Manager
Carolyn Bowie
PO Box 330316
Shoreline, Washington 98133-9716
Email: CARB461@ecy.wa.gov
Phone: (425) 698-3722
Carolyn Bowie
PO Box 330316
Shoreline, Washington 98133-9716
Email: CARB461@ecy.wa.gov
Phone: (425) 698-3722
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Solid Waste Management
300 Desmond Drive SE
Lacey, WA 98503
Template Version 12/10/2020 Page 162 of 182
Page 5 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Solid Waste Management
Date Date
CITY OF AUBURN
Laurie Davies
Mayor
Nancy Backus
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 12/10/2020 Page 163 of 182
Page 6 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
SCOPE OF WORK
Task Number:1 Task Cost: $56,681.33
Task Title:CROP Residential Recycling/Waste Prevention
Task Description:
RECIPIENT, with a consultant, will conduct residential outreach to promote waste reduction and recycling (WRR), with
particular emphasis on multi-family properties to reduce contamination in recycling collection.
RECIPIENT will conduct targeted contamination reduction outreach to at least three multi -family properties in the City of
Auburn, totaling approximately 100 units. RECIPIENT will measure contamination reduced using a pre and post survey
method described below.
RECIPIENT will conduct additional outreach efforts which may include :
•Producing WRR advertisements, flyers, and postcards.
•Providing educational table displays, virtual training materials or workshops.
•Staffing at City of Auburn (City) events related to promoting WRR.
•Promoting participation in two community yard sales and monitoring an online map used by participants.
•Working with the City’s contracted service provider on education and assistance for new Solid Waste Contract changes ,
including updating commercial customers on WRR services .
Activities that go beyond the scope of materials management (such as management of wastes and toxics and the generation and
handling thereof) may be eligible up to the portion that relates to materials management. For example, if workshops discuss
things like energy conservation , that is beyond the scope of materials management, and that portion would need to be removed
from the reimbursement request for this task.
EXPECTED TASK COSTS
Costs eligible for reimbursement with supporting documentation include:
•RECIPIENT employee salaries and benefits including indirect costs .
•Consultant costs to conduct Task work.
•Costs to develop, print, and distribute educational and outreach materials.
•Costs not listed here but pre-approved in writing by ECOLOGY.
Costs not eligible for reimbursement:
•Overtime compensation (all hours are calculated at the regular rate of pay).
•Items intended as incentives or to giveaway that are not pre-approved in writing by ECOLOGY.
•Costs not specifically identified in the task's scope of work or pre-approved in writing by ECOLOGY.
In accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to
work with their Ecology grant manager when developing promotional materials, and must provide a draft copy for review and
approval 10 business days prior to production and distribution of materials.
Template Version 12/10/2020 Page 164 of 182
Page 7 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same eligibility and
reimbursement requirements as the RECIPIENT, and require ECOLOGY approval.
Task Goal Statement:
The goal of this task is to reduce negative environmental impacts of materials management. To this end, the task aims to
promote waste reduction, reduce contamination, and increase recycling among residents, while bringing awareness to existing
collection guidelines and programs, and inspiring residents to participate.
Task Expected Outcome:
With the Task Cost, RECIPIENT anticipates reducing recycling contamination by approximately 5 tons.
RECIPIENT will conduct contamination reduction outreach to at least three multi -family properties, totaling approximately 100
units. To measure contamination reduction, a baseline measurement will be completed by a visual waste audit, viewing the
recycle dumpster two times per week. Educational outreach will be provided to tenants after the initial baseline is completed
and periodically throughout the program. RECIPIENT will complete a visual waste audit one time per month for 6 months (two
quarters).
RECIPIENT anticipates a 5% contamination reduction in recycling which equates to 96 pounds per multi-family unit per year.
Estimating 100 units would be targeted would reduce contamination by 9,600 pounds (or 4.8 tons).
Recipient Task Coordinator: Kathleen Edman
Deliverables
CROP Residential Recycling/Waste Prevention
Number Description Due Date
1.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
Template Version 12/10/2020 Page 165 of 182
Page 8 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
SCOPE OF WORK
Task Number:2 Task Cost: $37,000.00
Task Title:CROP IMP Business Recycling/Waste Prevention
Task Description:
RECIPIENT, with a consultant, will support the Auburn School District (ASD)'s continuing work to increase their diversion
rate, reduce contamination of recycling and organics waste streams , and reduce overall waste.
RECIPIENT will:
•Provide waste reduction and recycling presentations to students.
•Conduct a Milk Dispenser Pilot Program.
•Conduct a Waste Reduction and Recycling Summer Camp program .
RECIPIENT will provide the ASD Resource Conservation Manager (RCM) with advanced notice of the dates and locations
of the classroom presentations. RECIPIENT also will coordinate with the RCM to increase waste prevention and recycling
through the promotion of the King County Green Schools and Washington Green Schools programs . To measure the outcomes
of this Task work, RECIPIENT will conduct waste audits to measure the waste reduced .
EXPECTED TASK COSTS
Costs eligible for reimbursement with supporting documentation include:
•RECIPIENT employee salaries and benefits including indirect costs .
•Consultant costs to conduct Task work.
•Development and production of program material including presentation props.
•Supplies (gloves, tongs, etc.) for cafeteria waste audit checks and milk dispenser supplies including equipment and durable
cups.
•Costs not listed here but pre-approved in writing by ECOLOGY.
Costs not eligible for reimbursement:
•Overtime compensation (all hours are calculated at the regular rate of pay).
•Items intended as incentives or to giveaway that are not pre-approved in writing by ECOLOGY.
•Costs not specifically identified in the task's scope of work or pre-approved in writing by ECOLOGY.
In accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to
work with their Ecology grant manager when developing promotional materials, and must provide a draft copy for review and
approval 10 business days prior to production and distribution of materials.
Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same eligibility and
reimbursement requirements as RECIPIENT, and require ECOLOGY approval.
Task Goal Statement:
The goal of this task is to reduce negative environmental impacts of materials management. To reach this goal, the task aims to
Template Version 12/10/2020 Page 166 of 182
Page 9 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
increase waste reduction and recycling awareness in Auburn 's school students and staff, resulting in effective waste management
behaviors both at home and school.
Task Expected Outcome:
With the Task Cost, RECIPIENT anticipates reducing recycling contamination by 39 tons and reducing waste by
approximately 4 tons through the milk dispenser pilot program.
To measure waste reduced :
RECIPIENT will compare the quantities of milk cartons purchased before and after milk dispensers are installed at selected
schools.
To measure contamination reduction :
RECIPIENT will gather information on the quantity of milk cartons purchased throughout the school year to estimate the weight
of the total cartons that need to be disposed of (starting this year, milk cartons may no longer be recycled in ASD and so will
become a contamination concern). RECIPIENT will gather waste sort information through spot check, conversations with
custodians, and waste audits. Waste audits will convert milk carton volume to weight to estimate waste reduction .
RECIPIENT will conduct three inspections at targeted schools to measure impact of education and outreach throughout the
school year. The first check will establish the impact of labels and signs and custodial education; the second check will establish
impacts of the previous outreach along with workshop outreach and education efforts for students , and the final check will
include the previous tools and help to establish behavior change for students.
Recipient Task Coordinator: Kathleen Edman
Deliverables
CROP IMP Business Recycling/Waste Prevention
Number Description Due Date
2.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
Template Version 12/10/2020 Page 167 of 182
Page 10 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
SCOPE OF WORK
Task Number:3 Task Cost: $40,000.00
Task Title:CROP Recycling Operations
Task Description:
RECIPIENT will support the operations, coordination, and promotion of collection events for items not typically collected in
curbside recycling. Services may focus on collection and recycling (but is not limited to): tires, polystyrene foam, mattresses,
specific (non-hazardous) electronics, clean scrap wood, branches and stumps, scrap metal, CFC-containing appliances, and
secure document shredding.
Work to be performed:
•Organize, stage, and staff two neighborhood recycling events , including scheduling and paying vendors.
•Advertisement of the event.
•Distribution of the outreach materials at the event.
•Responsible recycling, or disposing (such as for some hazardous waste) of the collected materials.
•Calculating and reporting outcomes of each event to ECOLOGY.
Who will perform it:
•A contractor, in conjunction with any vendors hired or utilized by said contractor for final management of materials.
•RECIPIENT employee intends to be minimally involved, performing basic oversight.
EXPECTED TASK COSTS
Costs eligible for reimbursement with supporting documentation include:
•RECIPIENT employee salaries and benefits including indirect costs .
•Service provider, non-profit, or community organization costs for staffing collection , and ultimate recycling vendor costs.
•Education and outreach materials specific to the Task .
•Costs not listed here but pre-approved in writing by ECOLOGY.
Costs not eligible for reimbursement:
•Overtime compensation (all hours are calculated at the regular rate of pay).
•Costs/products covered by existing product stewardship organizations (E-Cycle Washington, LightRecycle Washington,
PaintCare, and Call2Recycle) and costs covered by new product stewardship organizations that are fully implemented during
this agreement period.
•Costs not specifically identified in the task's scope of work or pre-approved in writing by ECOLOGY.
RECIPIENT will credit the grant for revenue received from fees or sales of items this Task is directly supporting .
Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same eligibility and
reimbursement requirements as the RECIPIENT, and require ECOLOGY approval.
In accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to
work with their Ecology grant manager when developing promotional materials, and must provide a draft copy for review and
Template Version 12/10/2020 Page 168 of 182
Page 11 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
approval 10 business days prior to production and distribution of materials.
This Task includes recycling activity managed or performed by RECIPIENT at a recycling center such as a drop box location ,
or at another location. Disposal of any materials collected or advertised as collected for recycling or reuse or marketed for
recycling or reuse under this Task is prohibited . RECIPIENT must immediately notify ECOLOGY when they become aware
that disposal of materials collected for recycling occurred. ECOLOGY may deny new costs or require RECIPIENT to repay
costs already reimbursed or both.
Task Goal Statement:
The goal of this Task is to increase diversion from landfill and reduce illegal dumping by providing access to recycling for items
that are banned from disposal or not typically recycled via routine curbside collection services.
Task Expected Outcome:
With the Task Cost, RECIPIENT anticipates collecting approximately 6 tons of materials total, of which 4 tons will be for
recycling and 2 tons will be for organics.
RECIPIENT will track the type and quantity of outcomes listed on the Spending Plan and Outcomes Data Collection form
found within the EAGL database .
Recipient Task Coordinator: Kathleen Edman
Deliverables
CROP Recycling Operations
Number Description Due Date
3.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
Template Version 12/10/2020 Page 169 of 182
Page 12 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
BUDGET
Funding Distribution EG220171
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Model Toxics Control Operating Account (MTCOA)
100%
Local Solid Waste Financial Assistance
Type:
Funding Source %:
Description:
Fund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
City of Auburn
07/01/2021 06/30/2023
Grant
City of Auburn Task Total
CROP Residential Recycling/Waste Prevention 56,681.33$
CROP IMP Business Recycling/Waste Prevention 37,000.00$
CROP Recycling Operations 40,000.00$
133,681.33$Total:
Template Version 12/10/2020 Page 170 of 182
Page 13 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%100,261.00 133,681.3333,420.3325.00City of Auburn
Total $$33,420.33 100,261.00 $133,681.33
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such
as a transfer station or drop box location) or other locations, Ecology will not reimburse disposal costs for materials collected
or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement, unless approved in writing
by Ecology. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of
materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs
or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement .
Ecology will conduct a risk assessment of all Local Solid Waste Financial Assistance recipients . The level of risk determines the
level of oversight required by Ecology throughout the biennium. If the RECIPIENT’s performance or project circumstances
change, Ecology may reassess risk and notify the RECIPIENT of any changes to administrative requirements .
RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and
Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report.
RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance
guidelines.
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment
requests), performance, and other reports required by this Agreement. Ecology shall have the right to deny reimbursement of
payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
Template Version 12/10/2020 Page 171 of 182
Page 14 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
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Page 15 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Page 16 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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Page 17 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
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Page 18 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
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Page 19 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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Page 20 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
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Page 22 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Page 23 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
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Page 24 of 24State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2021-AubuSW-00039
IMP City of Auburn
CITY OF AUBURN
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020 Page 182 of 182