HomeMy WebLinkAbout01-18-2022 City Council AgendaCity Council Meeting
J anuary 18, 2022 - 7:00 P M
City Hall Council Chambers and Virtual
A GE NDA
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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 Auburn City Council Meeting scheduled for Tuesday, J anuary 18, 2022 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/87246696810
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 F ree)
Webinar I D: 872 4669 6810
A .P ledge of Allegiance
B .Roll Call
I I I .AG E ND A M O D I F IC AT I O NS
I V.NE W B US I NE S S
Page 1 of 97
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 .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
B .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 J anuary 3, 2022 Regular City Council Meeting
B .Claims Vouchers (Thomas)
Claims Voucher list dated J anuary 18, 2022 which included voucher numbers 466581
through 466617, in the amount of $1,767,169.40, and three wire transfers in the
amount of $618,247.30
Claims Voucher list dated J anuary 18, 2022 which included voucher numbers 466343
through 466580, in the amount of $6,127,271.88 and one wire transfer in the amount of
$583,372.73
Page 2 of 97
C.P ayroll Vouchers (T homas)
P ayroll check numbers 539293 through 539298 in the amount of $75,138.55,
electronic deposit transmissions in the amount of $2,272,796.06, also a special payroll
for sick time cash out with check numbers 539299 through 539305 in the amount of
$1,127.18, electronic deposit transmissions in the amount of $26,051.74, for a grand
total of $2,375,113.53 for the period covering J anuary 01, 2022 to J anuary 11, 2022
(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. 6844 (Gaub)
A n Ordinance amending S ections 13.14.010, 13.14.020, 13.14.030, 13.14.050 and
13.14.060, and repealing Auburn City Code (A C C) 13.14.040 regarding managing the
City’s water supply
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6844.)
B .Ordinance No. 6846 (Gaub)
A n Ordinance amending Auburn City Code (A C C) Sections 12.04.010, 13.48.225,
and 13.48.230 regarding the City’s S urface Water Management Manual
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6846.)
C.Ordinance No. 6847 (Gaub)
A n Ordinance relating to restrictions and limitations of P ublic Right-Of-Way Use and
revising Chapter 10.28 of the Auburn City Code (A C C)
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6847.)
X .RE S O L UT IO NS
A .Resolution No. 5614 (Faber)
A Resolution authorizing the City to execute a grant agreement and an amendment to
the Conservation Futures I nterlocal Cooperation A greement both with King County and
both for the purpose of accepting funds in the amount of $83,050.00 for acquiring
properties to be used for future salmon habitat improvement, and to appropriate the
same
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5614.)
B .Resolution No. 5615 (Comeau)
A Resolution authorizing a contract for purchase and sale between the City of A uburn
and Diamond J . I nvestments, L L C for Real P roperty
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5615.)
Page 3 of 97
C.Resolution No. 5616 (Comeau)
A Resolution authorizing a contract for purchase and sale between the City of A uburn
and K ent-Yi Company for Real Property
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5616.)
D.Resolution No. 5644 (Faber)
A Resolution authorizing the Mayor to execute an amendment to the Conservation
Futures I nterlocal A greement between the City of Auburn and King County for open
space acquisition projects
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5644.)
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 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 3, 2022 Regular City Council Meeting
Date:
January 12, 2022
Department:
Administration
Attachments:
01-03-2022 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:January 18, 2022 Item Number:CA.A
Page 5 of 97
City Council Meeting
J anuary 3, 2022 - 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 Auburn 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 present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, Chris S tearns and Yolanda
Trout-Manuel.
Mayor Nancy Backus and the following department directors and staff
members attended the meeting: City Attorney Kendra Comeau, Chief of
P olice Mark Caillier, Director of I nnovation and Technology David Travis,
Director of Public Works I ngrid Gaub, Director of F inance J amie T homas,
Director of Human Resources & Risk Management Candis Martinson,
A ssistant Human Resources Director Aaron Barber, I nnovation and
Technical Support S pecialist J onathan B arbano and City Clerk Shawn
Campbell.
I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P roclamation - F inancial L iteracy Week (A uburn Mountainview
High S chool)
Mayor Backus to proclaim J anuary 3-7, 2022 as "F inancial L iteracy Week" in the City
of Auburn
Mayor Backus read and proclaimed the week of J anuary 3-7, 2022 as Financial
L iteracy Week in the City of A uburn.
Page 1 of 5Page 6 of 97
I V.AG E ND A M O D I F IC AT I O NS
Resolution No. 5642 related to ratifying E mergency Proclamation 2021-05
concerning a declaration of an emergency at the Auburn Municipal Golf
Course was added to the agenda.
V.NE W B US I NE S S
A .S pecial F ocus Area Chair Selection
Deputy Mayor J eyaraj announced the Chairs and Vice Chairs for the S pecial F ocus
A reas. He appointed Councilmember Mulenga as Chair and Councilmember Trout-
Manuel as Vice Chair to the Community Wellness Special Focus A rea,
Councilmember B aggett as Chair and Councilmember Baldwin as Vice Chair to the
Finance Technology and E conomic Development S pecial F ocus Area,
Councilmember S tearns as Chair and Councilmember B rown as Vice Chair to the
P ublic Works & Community Development S pecial F ocus Area and Deputy Mayor
J eyaraj as Chair and Councilmember Baldwin as Vice Chair to the Municipal S ervices
S pecial F ocus area.
Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded
to approve the S pecial F ocus Area members as presented.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
No written comments were received.
Waylon Menzia - Auburn
Mr. Menzia thanked the Mayor and Council for their hard work and
dedication to the City of Auburn.
B .Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
Page 2 of 5Page 7 of 97
reported he and Deputy Mayor J eyaraj have reviewed the claims and
payroll vouchers described on the agenda this evening and
recommended their approval.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the December 13, 2021 Study Session
B .Minutes of the December 20, 2021 Regular Council Meeting
C.Claims Vouchers (Thomas)
Claim voucher list dated J anuary 3, 2022 which includes voucher numbers 466234
through 466342 in the amount of $1,407,118.31 and one wire transfer in the amount of
$5,346.44
D.P ayroll Vouchers (F inance)
P ayroll check numbers 539286 through 539292 in the amount of $597,716.41,
electronic deposit transmissions in the amount of $2,115,679.48, for a grand total of
$2,713,395.89 for the period covering December 16, 2021 to December 31, 2021
Deputy Mayor J eyaraj moved and Councilmember B aggett 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
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.RE S O L UT IO NS
A .Resolution No. 5640 (Gaub)
A Resolution ratifying the Mayor’s Water Emergency Declaration 2021-04 ending the
previously declared water shortage emergency stages in the Hidden Valley/Braunwood
Neighborhood
Councilmember S tearns moved and Deputy Mayor J eyaraj seconded to
approve Resolution No. 5640.
MO T O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5641 (Gaub)
A Resolution authorizing the Mayor to accept an initial offer of financial aid to the
A uburn Airport from the Community Aviation Revitalization Board and execute an
agreement
Councilmember S tearns moved and Councilmember B aldwin seconded to
Page 3 of 5Page 8 of 97
adopt Resolution No. 5641.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Resolution No. 5642 (Hinman)
A Resolution Ratifying an E mergency Declaration and Contract for
E mergency Repairs to the City’s Golf Course Clubhouse
Councilmember B rown moved and Councilmember Trout-Manuel to
approve Resolution No. 5642.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X .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 was appointed to the National
L eague of Cities National A ssociation of L atino Elected and Appointed
Officials (NA L E O) Committee.
Councilmember S tearns thanked Mayor for the appointment to the Sound
Cities Affordable Housing Committee.
B .From the M ayor
Mayor Backus recognized the Public Works Maintenance and Operation
Team during the snow event.
X I .C L O S E D S E S S I O N
1.Closed S ession
Mayor Backus recessed into a closed session after a 5 minute
recess at 7:20 p.m. per R C W 42.30.140(4)(b) for a discussion on
collective bargaining for 30 minutes. City A ttorney Comeau, F inance
Director T homas, Human Resources Director Martinson, Assistant
Human Resources Director Barber and Chief of Police Caillier will be
required to attend. There is anticipated action after the Closed
S ession.
Mayor Backus reconvened the meeting at 7:56 p.m.
Mayor Backus announced that Resolution No. 5643 has been added
to the agenda.
Page 4 of 5Page 9 of 97
2.Resolution No. 5643
A Resolution A uthorizing the Mayor to E xecute a Collective Bargaining
Agreement between the City Of Auburn and the Auburn Police Guild For 2022-
2024
A Resolution authorizing the Mayor to execute a Collective
B argaining A greement between the City of Auburn and the Auburn
P olice Guild for 2022-2024
Deputy Mayor J eyaraj moved and Councilmember B aggett
seconded to adopt Resolution No. 5643
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 8:03 p.m.
A P P R O V E D this 18th day of J anuary, 2022.
____________________________ ____________________________
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 10 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
January 11, 2022
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:
Claims Voucher list dated January 18, 2022 which included voucher numbers 466581
through 466617, in the amount of $1,767,169.40, and three wire transfers in the amount of
$618,247.30.
Claims Voucher list dated January 18, 2022 which included voucher numbers 466343
through 466580, in the amount of $6,127,271.88 and one wire transfer in the amount of
$583,372.73.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:January 18, 2022 Item Number:CA.B
Page 11 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
January 11, 2022
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 539293 through 539298 in the amount of $75,138.55, electronic
deposit transmissions in the amount of $2,272,796.06, also a special payroll for sick time
cash out with check numbers 539299 through 539305 in the amount of $1,127.18, electronic
deposit transmissions in the amount of $26,051.74, for a grand total of $2,375,113.53 for the
period covering January 01, 2022 to January 11, 2022.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:January 18, 2022 Item Number:CA.C
Page 12 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6844 (Gaub)
Date:
December 10, 2021
Department:
Public Works
Attachments:
Ordinance No. 6844
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6844.
Background for Motion:
City Council moves to adopt Ordinance 6844. Recent management of a declared water
emergency in the Braunwood water system revealed procedural requirements in ACC 13.14
that were out of date and not optimized for the City's current organizational structure.
Ordinance 6844 would amend ACC 13.14 to streamline the City’s water emergency response
process.
Background Summary:
This ordinance streamlines the City’s ability to respond to a water emergency by simplifying
procedural requirements in ACC 13.14.
The City’s water supply is divided into two separate water systems: one currently serving 12
residential customers in the Hidden Valley/Braunwood neighborhood (HVB), and one serving
the remainder of the City. The HVB system is served by a single well with a State-issued
water right that limits the total amount of water that the well can produce each year. In 2021,
the City’s Public Works Department observed excessive irrigation water use in HVB that
nearly tripled HVB’s overall average water use. Coupled with drought conditions, this high
water use put HVB in danger of entirely running out of water. Accordingly, in August and
September, 2021, the Mayor proclaimed a water emergency for HVB pursuant to ACC 13.14,
which the City Council subsequently ratified.
Implementing ACC 13.14 to respond to the HVB emergency revealed procedural
requirements involving city staff, administration and the City Council that were outdated and
not streamlined to the City's current organizational structure.
Through its Water Shortage Contingency Plan (Plan), the City’s Public Works Department is
able to determine the measures and procedures needed to adequately respond to a current
or anticipated water shortage or emergency. Ordinance 6844 amends several sections in
ACC 13.14 to align the Plan and delegates the response to an effective water emergency
response to the Public Works Department in accordance with the Plan.
Page 13 of 97
Ordinance 6844 also repeals ACC 13.14.040 Enforcement and combines enforcement
powers with the penalties described in ACC 13.14.060.
The ordinance was previously discussed at the December 10th, 2022 Council study session.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:January 18, 2022 Item Number:ORD.A
Page 14 of 97
--------------------------------
Ordinance No. 6844
January 13, 2022
Page 1 of 3 Rev. 2019
ORDINANCE NO. 6844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS
13.14.010, 13.14.020, 13.14.030, 13.14.050 AND 13.14.060,
AND REPEALING AUBURN CITY CODE (ACC) 13.14.040
REGARDING MANAGING THE CITY’S WATER SUPPLY
WHEREAS, RCW 35.21.210 and RCW 35.92.010 empower the City to establish,
maintain, control, regulate and manage its water supply for the purpose of furnishing
water to the City and its inhabitants;
WHEREAS, the City’s water supply is divided into two separate water systems:
one currently serving 12 residential customers in the Hidden Valley/Braunwood
neighborhood (HVB) from a single well with a limited water right, and one serving the
remainder of the City;
WHEREAS, periodic drought conditions, excessive customer water use and
other causes can threaten the City’s ability to ensure an adequate water supply,
particularly in the HVB water system given its limited size, single source of supply, and
separation from the rest of the City’s water supply;
WHEREAS, in monitoring water usage in HVB, the City’s Public Works
Department observed excessive irrigation water use in HVB that nearly tripled HVB’s
overall average water use. Coupled with drought conditions, this high water use put
HVB in danger of entirely running out of water since the total amount of water that can
be produced annually is limited by the well’s water right. Accordingly, in August and
September, 2021, the Mayor proclaimed a water emergency for HVB pursuant to ACC
13.14;
Page 15 of 97
--------------------------------
Ordinance No. 6844
January 13, 2022
Page 2 of 3 Rev. 2019
WHEREAS, implementing ACC 13.14 to respond to the HVB emergency
revealed that ACC 13.14 contains repetitive procedural requirements involving city staff,
administration and the City Council that inhibited and slowed the City’s ability to quickly
and efficiently address a water emergency;
WHEREAS, through prior enactment and Council adoption of a Water Shortage
Contingency Plan, the City’s Public Works Department is able to determine the
measures and procedures needed to adequately respond to a current or anticipated
water shortage or emergency;
WHEREAS, the City finds that ACC 13.14 should be amended to remove
repetitive procedural barriers to an effective water emergency response and to
streamline the City’s ability to efficiently take needed steps to ensure an adequate water
supply, which are in the City’s best interests and consistent with the City’s purpose of
furnishing an ample water supply to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendments to Chapter 13.14 of the Auburn City Code.
Sections 13.14.010, 13.14.020, 13.14.030, 13.14.050 and 13.14.060 of the Auburn City
Code shall be amended as set forth in Exhibit A to this Ordinance;
Section 2. Repeal of City code section. As language from ACC 13.14.040
has been moved and incorporated into ACC 13.14.060 as amended by this Ordinance,
Section 13.14.040 of the Auburn City Code is repealed.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 16 of 97
--------------------------------
Ordinance No. 6844
January 13, 2022
Page 3 of 3 Rev. 2019
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
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 17 of 97
EXHIBIT A
ACC 13.14.010 Purpose.
It is in the public interest to conserve promote the conservation of the city’s water supply
in order to protect the health, welfare, and safety of water users. To accomplish this
declared purpose, the city exercises reserves the right to exercise its police powers and
its State law authority by enacting through emergency measures as set forth in this
chapter.
ACC 13.14.020 Authority of Mayor in responding to water shortage or
emergency.
TThe mayor may order water use restrictions and conservation measures , when
necessary to protect for the protection of the public health, safety, and welfare during a
water shortage or emergency caused by drought conditions, city water utility damage or
destruction, or any other cause threatening to disrupt or diminish the City’s water supply
below its ability to meet normal water demands. , shall have the authority to declare
various stages of water emergencies and to implement the water conservation
measures set forth in this chapter. The mayor shall also have authority to determine
whether the various stages of water emergencies and water conservation measures
apply to the entire city utility service area or to such portions as may be particularly
affected.
ACC 13.14.030 Policies and procedures in responding to water shortage or
emergency.
The City shall use the following policies and procedures when responding to a water
shortage or emergencyshall apply during the various stages of water emergencies as
set forth in this section:
A. Mayor’s proclamation of water shortage or emergency. The Mayor may proclaim a
water shortage or emergency in response to a current or threatened water supply
disruption or diminution as described by ACC 13.14.020.
1. The Mayor’s proclamation shall:
a. direct the Department of Public Works to implement water use restrictions and/or
conservation measures necessary to address the proclaimed shortage or emergency;
and
b. if they can reasonably be determined, identify the geographic area of the proclaimed
water shortage or emergency, and specify the duration of any corresponding water use
restrictions or conservation measures.
Page 18 of 97
2. Any such proclamation by the Mayor shall at the earliest practicable time be
presented to the city council for ratification and confirmation, modification, or rejection
and, if rejected, shall thereafter be void.
B. Public Works Department response. Subject to subsection A.2, upon the Mayor’s
issuance of a water shortage or emergency proclamation, the City’s Public Works
Department shall implement appropriate water use restrictions and/or conservation
measures from the City’s Water Shortage Contingency Plan as currently adopted and
as amended in the future by the Public Works director. Before implementation of water
use restrictions or conservation measures, the Department shall make reasonable
attempts to notify any water customers affected by these actions proclamation and their
implementation.
Stage I – Anticipated Water Shortage – Internal Preparations. The mayor may declare a
Stage I water emergency when a water shortage is anticipated but not immediate. The
public works department shall conduct public education efforts regarding the benefits
and necessity of conservation by the public.
B. Stage II – Serious Water Shortage – Voluntary Conservation. The mayor may
declare a Stage II water emergency when a water shortage exists such that immediate
voluntary reductions in consumption are necessary. The public works department shall
conduct an intensified public information campaign and shall coordinate the campaign
to encourage voluntary water conservation through news releases and other methods of
providing information about conservation methods.
C. City not liable. As a result of and/or during a proclaimed water shortage or
emergency, the City shall not be responsible or liable for any damage resulting from any
interruptions in the water supply.
Stage III – Critical Water Shortage – Limited Outdoor Restrictions. The mayor may
declare a Stage III water emergency when a water shortage exists such that water
supplies are critically impacted and water demand must be reduced. The mayor is
authorized to establish certain specified days or hours for irrigating, sprinkling or
watering lawns and gardens, and may prohibit or regulate other nonessential uses of
water within the water system during such times as there is an actual or impending
water shortage, extreme pressure loss in the distribution system, or for any other
reasonable cause. The following nonessential uses of water may be prohibited on all
properties connected to the city’s water system, whether inside or outside of the city:
1. Washing sidewalks, walkways, driveways, parking lots, patios, and other exterior
paved areas by direct hosing, except as may be necessary to prevent or eliminate
materials dangerous to the public health and safety.
2. Escape of water through breaks or leaks within the customer’s plumbing or private
distribution system for any period of time beyond which such break or leak should
reasonably have been discovered and corrected. It shall be presumed that a period of
48 hours after the customer discovers a leak or break, or receives notice from the city of
Page 19 of 97
such leak or break, whichever occurs first, is a reasonable time in which to correct the
same.
3. Noncommercial washing of privately owned motor vehicles, trailers, and boats,
except from a bucket or hose using a shutoff nozzle for quick rinses.
4. Lawn sprinkling and irrigation which allows water to run off or overspray the lawn
area. Every customer is deemed to have knowledge of and control over their lawn
sprinkling and irrigation at all times.
5. Sprinkling and irrigation of lawns, ground cover, or other plants, between the hours
of 9:00 a.m. and 6:00 p.m. or on any day not authorized by the established rotation
schedule.
6. Such other uses as the mayor deems appropriate.
D. Stage IV – Emergency Water Shortage – Mandatory Outdoor Restrictions and
Indoor Conservation. The mayor may declare a Stage IV water emergency when a
water shortage exists such that maximum flow reduction is immediately required, water
available to the city is insufficient to permit any irrigation, watering, or sprinkling, and all
available water is needed solely for human consumption, sanitation, and fire protection.
The mayor may prohibit all nonessential uses of water, including but not limited to all
vehicle washing, all lawn watering, and all of the uses that may be prohibited for a
Stage III water emergency. The public works and utilities department shall disseminate
information using every available means to encourage customers to reduce indoor
water usage to the maximum extent possible.
E. Stage V – Regional Disaster – Water Rationing. The mayor may declare a Stage V
regional disaster water emergency when a water shortage exists such that water
rationing must be implemented and emergency water distribution may be necessary for
customers without water. The mayor is authorized to restrict water use by rationing the
amount of water used by residential users to a certain number of gallons per day per
person residing within the dwelling unit, by rationing the amount of water used by
nonresidential users based on a percentage of their historical usage as calculated by
the city, and by any other type of rationing as the mayor deems necessary and
appropriate in the circumstances.
F. Implementation Requirements. Prior to the implementation and enforcement of any
of the above stages, the mayor shall take reasonable efforts to have information
disseminated to affected customers regarding the rationing plan, which shall include, at
a minimum, publication in the official newspaper of the city at least once, not less than
one week in advance of the effective date of the declaration, information of the
declaration of the applicable stage, a description of the limitations and restrictions that
would apply, and identification of the effective date of the declared stage and limitations
and restrictions. Notwithstanding the publication requirements set forth herein above, if
it is determined by the mayor that exigent circumstances exist that necessitate
immediate implementation and enforcement of any particular stages of water
Page 20 of 97
emergency, notice to affected customers may be provided by personal service of the
notice on said customers, or by posting notices at the customers’ residences (if the
customers’ residences are the affected sites), or by posting notices at the locations
where the customers’ utility services are received (if the affected sites are not their
residences).
G. Term of Stage and Scope. The mayor is also authorized to determine the
geographic area to which the declared stage shall apply, and to determine the duration
for which the declared stage and its limitations and restrictions shall be in effect.
13.14.040 Enforcement.
The public works director or designee, code enforcement officers of the building division
of the planning department or of the fire department, or police officers of the city shall
have the authority to enforce the provisions of this chapter.
ACC 13.14.050 Variances.
A. Authority to grant variances. Unless otherwise ordered by the Mayor, Tt he public
works director may grant temporary written variances for the prospective use of water
otherwise prohibited by this chapter. Such temporary variances shall be in writing and
shall be based on the dDirector’s a determination by the director that , due to unusual
circumstances exist and that applying , application of this chapter would cause an
extraordinary hardship that adversely affectsing the applicant’s or public’s health,
sanitation, or fire protection of the applicant or the public.
B. Appeal. The director’s determination shall be final unless appealed as follows: a A
party adversely affected by the ddirector’s decision determination may appeal the
determination to the mayor or designee within 24 hours of the decision, excluding
Saturdays, Sundays and legal holidays. director’s determination or such later time as
the mayor may designate. The appeal decision of the mayor or designee’s
determination shall be final and non-appealable. Said 24-hour periods shall exclude
Saturdays, Sundays, and legal holidays.
ACC 13.14.060 Enforcement authority and Ppenalties for violation.
The provisions of this chapter may be enforced by the Public Works director or
designee, code enforcement officers, or police officers. Violations of this chapter shall
be punishable as follows:
A. The first violation of any provision of this chapter shall be a civil infraction as
proscribed by Chapter 1.25 ACC, and as proscribed by RCW 7.80.120(1)(a), as now
enacted or hereafter amended. Infractions shall be processed pursuant to the authority
and provisions set forth in Chapter 7.80 RCW, as now enacted or hereafter amended,
Page 21 of 97
Chapter 1.25 ACC, as now enacted or hereafter amended, and the Infraction Rules for
Courts of Limited Jurisdiction.
B. For any second or subsequent violation of any provision of this chapter the violator
may be charged as a misdemeanor punishable by imprisonment in jail for a maximum
term fixed by the court of not more than 90 days, or a fine in an amount fixed by the
court of not more than $1,000, or both such imprisonment and fine.
Page 22 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6846 (Gaub)
Date:
December 10, 2021
Department:
Public Works
Attachments:
Ordinance No. 6846
Exhibit A
Exhibit B
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6846.
Background for Motion:
Ordinance 6846 corrects certain references in the city code to the Washington Department of
Ecology’s Stormwater Management Manual for Western Washington (SWMMWW).
Background Summary:
The City’s storm drainage utility operates under a National Pollutant Discharge Elimination
System (NPDES) Western Washington Phase II Municipal Stormwater Permit from the
Washington Department of Ecology. In 2017, the City adopted Ecology’s 2014 SWMMWW
as the basis for stormwater management and protection measures, together with
supplemental requirements specific to the city, into the City of Auburn Surface Water
Management Manual (SWMM), as defined in ACC 12.04.010.B.2.
In 2019, Ecology extensively modified and reorganized the SWMMWW, leaving certain
sections of the city code with some incorrect references to the SWMMWW. The city desires
to make references to the SWMMWW more general so that future updates of the SWMMWW will
not cause confusion or require code changes.
Ordinance 6846 eliminates the publication date of the SWMMWW in ACC 12.04.010. Ordinance
6846 also removes references in ACC 13.48.225 and ACC 13.48.230 to specific sections of the
SWMMWW.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:January 18, 2022 Item Number:ORD.B
Page 23 of 97
Page 24 of 97
--------------------------------
Ordinance No. 6846
January 13, 2022
Page 1 of 3 Rev. 2019
ORDINANCE NO. 6846
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING AUBURN CITY
CODE (ACC) SECTIONS 12.04.010, 13.48.225, AND
13.48.230 REGARDING THE CITY’S SURFACE WATER
MANAGEMENT MANUAL
WHEREAS, RCW 35.67.020 empowers the city to maintain, conduct and operate
a storm drainage utility to protect the public health, safety, and general welfare ; promote
sound development policies and construction procedures to preserve the city’s natural
resources; and prevent the creation of public nuisances . ACC 13.48 establishes the
City’s storm drainage utility;
WHEREAS, the city’s storm drainage utility operates under a National Pollutant
Discharge Elimination System (NPDES) Western Washington Phase II Municipal
Stormwater Permit from the Washington Department of Ecology;
WHEREAS, in 2017 the city adopted the Washington Department of Ecology’s
Stormwater Management Manual for Western Washington (SWMMWW) as the basis for
stormwater management and protection measures, together with supplemental
requirements specific to the city, into the City of Auburn Surface Water Management
Manual (SWMM), as defined in ACC 12.04.010.B.2;
WHEREAS, in 2019 Ecology extensively modified and reorganized the
SWMMWW, leaving certain sections of the city code with incorrect references, and the
city desires to correct these references.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Page 25 of 97
--------------------------------
Ordinance No. 6846
January 13, 2022
Page 2 of 3 Rev. 2019
Section 1. Amendments to Chapter 12.04 of the Auburn City Code.
Section 12.04.010 of the Auburn City Code shall be amended as set forth in Exhibit A to
this Ordinance.
Section 2. Amendments to Chapter 13.48 of the Auburn City Code.
Sections 13.48.225 and 13.48.230 of the Auburn City Code shall be amended as set forth
in Exhibit B to this Ordinance.
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 26 of 97
--------------------------------
Ordinance No. 6846
January 13, 2022
Page 3 of 3 Rev. 2019
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 27 of 97
EXHIBIT A
12.04.010 Adoption of engineering construction standards and engineering
design standards.
A. Adopted – Engineering Construction Standards. The engineering construction
standards include the following documents and manuals which are herein referred to as
the “engineering construction standards” and are adopted by reference:
1. The Standard Plans (M21-01) for Road, Bridge, and Municipal Construction
prepared by the Washington State Department of Transportation, the latest
publication and amendments thereto, as determined appropriate for city
infrastructure by the city engineer and for conformance with adopted city
engineering design standards.
2. The Standard Specifications for Road, Bridge and Municipal Construction, the
latest (English) edition publication and amendments thereto as issued by the
Washington State Department of Transportation as supplemented and amended
through special provisions by the city engineer for specific construction
applications and for conformance with adopted city engineering design
standards.
3. The City of Auburn Engineering Standard Details, a manual of specific plans or
drawings developed and adopted by the city of Auburn department of public
works which show frequently recurring components of work that have been
standardized for repetitive use, as supplemented and amended by the city
engineer for specific construction applications and for conformance with adopted
city engineering design standards.
B. Adopted – Engineering Design Standards. The engineering design standards as
approved, supplemented and amended by the city engineer for specific design
applications and in consultation with the city council on policy issues or broad citywide
implications shall include the following documents and manuals which are herein
referred to as the “engineering design standards” and are adopted by reference:
1. A manual of specific engineering design requirements which shows frequently
recurring public transportation and utility infrastructure standards.
2. The City of Auburn Surface Water Management Manual (SWMM) which is the
2014 Department of Ecology Stormwater Management Manual for Western
Washington and its Supplemental Manual, for use in the city of Auburn. The
SWMM is a manual of specific requirements related to storm drainage
management.
C. Adopted – Highway Access Management. Chapter 468-52 WAC, Highway Access
Management – Access Control Classification System and Standards, and amendments
Page 28 of 97
thereto, with the exception of WAC 468-52-060 and 468-52-070, is adopted by
reference with the following amendments:
1. All references to the “Department” shall be changed to “city of Auburn.”
2. All references to Chapter 468-51 WAC or sections thereof shall be changed to
“City of Auburn Engineering Design Standards.”
Page 29 of 97
EXHIBIT B
13.48.225 Drainage standards – Review and approval.
All development shall meet all applicable general and design requirements in
accordance with the city of Auburn engineering design and construction standards and,
for purposes of that portion of the standards set forth in the City of Auburn Surface
Water Management Manual, the following provisions shall apply:
A. Pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit
issued by the Department of Ecology, the city has implemented a storm water
management program that requires the use of City of Auburn Surface Water
Management Manual, hereinafter referred to as the “SWMM.”
B. The following activities that discharge to the storm drains, either directly or indirectly,
are regulated through the storm water management program under this chapter:
1. Existing discharges and land uses that discharge to the storm drains, either
directly or indirectly.
2. New development and redevelopment.
3. Storm water maintenance activities.
C. Requirements for Existing Discharges and Land Uses. If the city engineer determines
that the discharges from an existing drainage control facility cause or contribute to an
illicit discharge, a threat to public health and safety, or a violation of the city’s municipal
storm water NPDES permit or this chapter, the city engineer shall require the
responsible party to implement and maintain operational BMPs in accordance with
Volume IV of the SWMM. If the city engineer determines that the discharges causing or
contributing to the problem cannot be adequately addressed by operational BMPs, the
city engineer may require the responsible party to undertake more stringent or
additional BMPs, which may include structural BMPs or other actions necessary to
cease causing or contributing to the problem or violation.
D. Minimum Requirements for New Development and Redevelopment. New
development and redevelopment activities are required to obtain city permits and shall
comply with the following minimum requirements, in accordance with the city’s
municipal storm water NPDES permit and in accordance with the thresholds and
requirements in the SWMM:
1. Preparation of a Storm Water Site Plan. All projects shall prepare a storm
water site plan for review and approval by the city engineer or designee that
identifies and describes how all storm water generated from a development
activity will be managed on site. Stormwater site plans shall be designed in
accordance with Volume I, Chapter 3 of the SWMM. Exception: Existing single-
Page 30 of 97
family and duplex lots are exempt from this requirement when all of the following
criteria are met:
a. The lot is located within a subdivision that was approved under storm
water regulations in effect between January 1, 1987, and December 31,
2016; and
b. The lot can connect to an existing centralized storm water management
system originally designed to collect storm water generated from the entire
lot (e.g., house, driveway, patios, yard, etc.).
2. Preparation of a Construction Storm Water Pollution Prevention Plan for
Erosion and Sediment Control. This plan shall be designed to comply with the
requirements and purposes of the SWMM, this section, any other applicable
sections of ACC Titles 15, 16, 17 and 18 and any departmental guidelines
promulgated by the city engineer. The plan shall be designed, submitted and
implemented to address the following:
a. Mark clearing limits;
b. Establish construction access routes and controls;
c. Control flow rates;
d. Install sediment controls;
e. Stabilize soils;
f. Protect slopes;
g. Protect storm drain inlets;
h. Stabilize channels and outlets;
i. Control pollutants;
j. Control dewatering;
k. Maintain BMPs;
l. Manage the project; and
m. Protect LID BMPs.
Page 31 of 97
3. Source Control of Pollutants. Source control BMPs shall be selected,
designed, applied and maintained in accordance with the SWMM and any
departmental guidelines promulgated by the city engineer.
4. Preservation of Natural Drainage Systems. Natural discharges from the site
shall be maintained, shall occur at the natural location to the maximum extent
practicable, and must not cause a significant adverse impact downstream or
down gradient.
5. On-Site Storm Water Management. Where appropriate, projects shall employ
on-site storm water management BMPs to infiltrate, disperse, and retain storm
water runoff on site to the maximum extent feasible without causing flooding,
erosion, water quality or groundwater impacts. The city requires the use of low
impact development (LID) principles and BMPs using the project thresholds,
standards, and requirements presented in the SWMM to meet this minimum
requirement. The city shall require low impact development (LID) designed in
accordance with the SWMM.
6. Runoff Treatment. All projects that meet the thresholds for runoff treatment in
Volume I of the SWMM shall provide water quality treatment in accordance with
the SWMM. The use of emerging technologies for storm water treatment will be
considered in accordance with Volume V of the SWMM.
7. Flow Control (Detention). All projects that meet the thresholds for flow control
in Volume I of the SWMM shall provide flow control in accordance with the
SWMM. Additionally, all projects shall address the need to provide water quality
controls according to the design criteria as determined by the city engineer. The
requirement for storm water detention will also be determined by pipe capacity
and storm water discharge location, as provided in the SWMM.
8. Wetlands. Discharges to wetlands shall maintain the hydrologic conditions,
hydrophytic vegetation, and substrate characteristics necessary to support
existing and designed functions. Documentation shall be provided that identifies
the methodology and data that supports these conclusions. The methodology
shall be consistent with the most current accepted Washington State Department
of Ecology standards. Wetland areas are also regulated by Chapter 16.10 ACC,
Critical Areas.
9. Operations and Maintenance. An operation and maintenance (O&M) manual
consistent with city engineering design and construction standards shall be
provided for all proposed storm water facilities, and the BMPs and party (or
parties) responsible for operation and maintenance shall be identified. A copy of
the O&M manual shall be retained on site or within reasonable access to the site
and shall be transferred with the property to the new owner.
Page 32 of 97
10. Off-Site Analysis and Mitigation. All projects shall include an analysis of off-
site water quality and quantity impacts resulting from the project and shall
mitigate these impacts if necessary. The analysis shall extend a minimum of one-
fourth of a mile downstream from the project. The city engineer may require that
the analysis shall extend further if deemed necessary. The existing or potential
impacts to be evaluated and mitigated under this section shall include, but are
not limited to:
a. Impacts on conveyance system capacity;
b. Localized flooding;
c. Aquatic habitat (wetlands) impacts;
d. Erosion impacts, including landslide hazards;
e. Stream bank and channel erosion; and
f. Impacts to known water quality or erosion problems.
11. Geographic Specific Requirements. Projects may be subject to equivalent or
more stringent minimum requirements for erosion control, source control,
treatment, wetlands protection, and operation and maintenance, and alternative
requirements for flow control as a result of location, in accordance with Volume I
of the SWMM.
13.48.230 Connections.
A. Required Connections. All non-single-family residential building permits shall be
subject to a mandatory connection to a public storm drainage system where the
development has the potential to negatively impact public or private property or
receiving waters as determined by the city or whenever an existing public system is
available adjacent to the site or where the public system is required to be constructed
adjacent to the property as a condition of development.
B. Existing Connections. Properties that apply for a building permit to make an addition,
alteration or repairs that have 2,000 square feet or more of new or new plus replaced
hard surfaces or land disturbing activity of 7,000 square feet or more must comply with
the applicable Minimum Requirements for Redevelopment as given in Volume I of the
SWMM. All redevelopment shall be required to comply with Minimum Requirement No.
2 (Construction Storm Water Pollution Prevention). All redevelopment that exceeds
these thresholds shall be required to comply with additional Minimum Requirements as
given in Volume I of the SWMM.
Page 33 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6847 (Gaub)
Date:
January 11, 2022
Department:
Public Works
Attachments:
Ordinance No. 6847
Exhibit A
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6847
Background for Motion:
Ordinance 6847 modifies the City Code to close portions of M Street NW and 29th Street
NW to vehicular and non-motorized access with certain exceptions. This closure is needed to
prevent illegal dumping that has the potential to threaten adjacent environmentally sensitive
areas.
Background Summary:
Ordinance 6847 modifies Chapter 10.28 of the Auburn City Code to restrict the public rights-
of-way on M Street NW from approximately the 1600 block of M Street NW to 29th Street NW
and on 29th Street NW from M Street NW to the Mill Creek Crossing (Subject Roadways).
This ordinance was discussed at the January 10, 2022 City Council Study Session. The
Subject Roadways provide access to properties and utilities that do not currently require, or
benefit from, general public access. Additionally, the Subject Roadways crossing at Mill
Creek is closed due to its condition and as such, provides no connectivity to the City street
network or public access benefit. The Subject Roadways have been used to illegally dump
inoperable vehicles, trash, and other waste material in, and adjacent to, the public rights-of-
way and the illegal dumping has presented an on-going potential threat to the sensitive
environmental areas along the Subject Roadways. Clean-up of the dumped waste material on,
and along, the Subject Roadways is of significant financial cost to the City and adjacent
property owners. Very low traffic volumes and the isolated nature of the Subject Roadways
has made it very difficult for the City and adjacent property owners to dissuade or prevent the
illegal dumping. City staff recommends that it is in the public interest to close the Subject
Roadways to all vehicular and non-vehicular traffic except for the purpose of accessing
utilities and properties by their owners and authorized guests in order to address the issue of
illegal dumping. The closure has been discussed with owners of property and utilities for
which the City has contact information available and the City heard support from them all. One
of the property owners has volunteered to construct a gate across the closed roadway at its
own cost. If the ordinance is adopted, City staff will work with that property owner to permit
and construct the gate for which keyed access would be made available to the City,
emergency services, property owners, and utilities requiring access to the closed roadways.
Page 34 of 97
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:January 18, 2022 Item Number:ORD.C
Page 35 of 97
--------------------------------
Ordinance No. 6847
DATE
Page 1 of 3 Rev. 2018
ORDINANCE NO. 6847
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO RESTRICTIONS
AND LIMITATIONS OF PUBLIC RIGHT-OF-WAY USE AND
REVISING CHAPTER 10.28 OF THE AUBURN CITY CODE
(ACC)
WHEREAS, the City has authority over its public rights-of-way, and as such has
the authority to restrict and limit their use; and
WHEREAS, the roadways of M Street NW, from approximately the 1600 block of
M Street NW to 29th Street NW, and 29th Street NW from M Street NW to the Mill Creek
Crossing (“Subject Roadways”) are within the public rights-of-way; and
WHEREAS, the Subject Roadways provide access to properties and utilities that
do not currently require, or benefit from, general public access; and
WHEREAS, the Subject Roadway crossing at Mill Creek is closed and as such,
provides no connectivity to the City street network or public access benefit; and
WHEREAS, the Subject Roadways have been used to illegally dump inoperable
vehicles, trash, and other waste material in, and adjacent to, the public rights-of-way; and
WHEREAS, the illegal dumping has presented an on-going potential threat to the
sensitive environmental areas along the Subject Roadways; and
WHEREAS, clean-up of the dumped waste material on, and along, the Subject
Roadways is of significant financial cost to the City and adjacent property owners; and
WHEREAS, very low traffic volumes and the isolated nature of the Subject
Roadways has made it very difficult for the City and adjacent property owners to dissuade
or prevent the illegal dumping; and
Page 36 of 97
--------------------------------
Ordinance No. 6847
DATE
Page 2 of 3 Rev. 2018
WHEREAS, it is in the public interest to close the Subject Roadways to all vehicular
and non-vehicular traffic except for the purpose of accessing utilities and properties by
their owners and authorized guests in order to address the issue of illegal dumping.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 10.28 of the Auburn City Code
is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
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 37 of 97
--------------------------------
Ordinance No. 6847
DATE
Page 3 of 3 Rev. 2018
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 38 of 97
Ordinance 6847 – Exhibit A
Chapter 10.28
STREET USE RESTRICTIONS
10.28.010 Imposition of right-of-way limitations.
The following public highways, roads, streets, sidewalks, alleys and rights-of-way within the city are restricted
as indicated:
A. “B” Street Southeast, northerly of the first alley south of East Main Street and extending north to East
Main Street, shall be a pedestrian facility, as defined in ACC 12.02.060(M), and shall be closed to all vehicular
traffic of any type or kind other than wheelchairs or similar devices used by disabled persons or persons
needing the use of such devices, and except for emergency vehicles when responding to an emergency.
B. Reserved. “M” Street Northwest, northerly of the driveway serving 1802 “M” Street Northwest and
extending north to 29th Street Northwest and 29th Street Northwest, from M Street Northwest extending east
approximately 760 feet to the Mill Creek crossing, shall be closed to all vehicular and non-motorized traffic of
any kind except for the purpose of accessing utilities and properties by their owners and authorized guests. The
City of Auburn and emergency service providers and emergency vehicles are permitted to access the rights-of-
way at any time.
C. Reserved. (Ord. 5902 § 2, 2005.)
10.28.020 Notice of restriction and signing.
The city engineer shall erect, or cause to be erected and maintained, signs, gates, and/or barricades designating
the limitations and restrictions set forth in ACC 10.28.010. (Ord. 5902 § 2, 2005.)
10.28.030 Violation – Penalty.
When any public highway, road, street, sidewalk, alley or right-of-way within the city’s jurisdiction is either
closed or restricted as to use, as provided in this chapter, any person, firm or corporation disregarding such
closure or restriction of use shall be guilty of a misdemeanor, and shall in addition to any criminal penalty for
violation of provisions of this chapter be liable in any civil action instituted in the name of the city of Auburn
for any damages occurring to any public highway, road, street or thoroughfare within the city’s jurisdiction as
a result of disregarding such closure or use restriction. (Ord. 5902 § 2, 2005.)
Page 39 of 97
Ordinance 6847 - M St NW/29th St NW Restrictions
M St NW29th St NW
Mill CreekEmerald DownsSR 167Existing Closure
Barricades
Potential Gate
Location
Proposed Access
Restrictions
N
(not to scale)
Page 40 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5614 (Faber)
Date:
January 12, 2022
Department:
Parks/Art and Recreation
Attachments:
Res olution No. 5614
Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5614.
Background for Motion:
Accept and appropriate two King County Grants for the acquisition of the Mill Creek
Assemblage Parcels. King County Conservation Futures Grant in the amount of $83,050 and
King County Cooperative Watershed Management Grant in the amount of $83,050.
Background Summary:
In 2021 the City was awarded King County Grants from two separate grant programs for the
purchase of an assemblage of parcels currently referred to as the Mill Creek Assemblage.
The purpose of the acquisitions is for future salmon habitat improvements identified by King
County as priority habitat associated with Mill Creek, a salmon bearing stream.
Budget Impacts:
This acquisition has no City budget impacts. The two different grants were leveraged against
each other to cover the City match requirements so no City funding is needed for the
acquisitions.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Faber
Meeting Date:January 18, 2022 Item Number:RES.A
Page 41 of 97
---------------------------
Resolution No. 5614
January 7, 2022
Page 1 of 3
RESOLUTION NO. 5614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXECUTE
A GRANT AGREEMENT AND AN AMENDMENT TO THE
CONSERVATION FUTURES INTERLOCAL COOPERATION
AGREEMENT BOTH WITH KING COUNTY AND BOTH FOR THE
PURPOSE OF ACCEPTING FUNDS IN THE AMOUNT OF $83,050.00
FOR ACQUIRING PROPERTIES TO BE USED FOR FUTURE
SALMON HABITAT IMPROVEMENT, AND TO APPROPRIATE THE
SAME
WHEREAS, City staff works closely with King County and WRIA 9 staff to
identify and target real estate acquisitions for future salmon habitat improvements in
Auburn,
WHEREAS, to acquire property for future salmon habitat, the City applied for
two King County grants, one from the Conservation Futures program and one from the
Cooperative Watershed Management program; and.
WHEREAS, the King County Conservation Futures program has awarded to the
City a grant in the amount of Eighty-Three Thousand and Fifty Dollars ($83,050.00); and
WHEREAS, section 8.2 of the Conservation Futures Interlocal Agreement (ILA)
for open space acquisition between the City of Auburn and King County requires that
prior to dispersal of the funds each agency amend the ILA to reflect the new award; and
WHEREAS, the King County Council passed Ordinance 9128 adopting an ILA
appropriating $83,050.00 of Conservation Futures levy funds to the City; and
WHEREAS, King County Cooperative Watershed Management awarded to the
City a grant in the amount of Eighty Three Thousand and Fifty Dollars ($83,050.00); and
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Resolution No. 5614
January 7, 2022
Page 2 of 3
WHEREAS, the Cooperative Watershed Management grant award is contingent
upon the City entering into an Agreement of Award of Grant Funds with King County;
and
WHEREAS, the funding from each of the two King County grant programs will
provide the match for the other so no City funding is required to acquire the 7.33 acre
subject properties; and
WHEREAS, the subject properties are ecological sensitive areas that contain a
portion of the banks of Mill Creek, a salmon bearing tributary to the Green River.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
Section 1. Acceptance. The City of Auburn City Council expresses its support
for the use of grant funding for the acquisition of properties for future salmon habitat
improvement projects associated with Mill Creek, and hereby authorizes the Mayor of
the City of Auburn to accept and appropriate the King County Cooperative Watershed
Management and Conservation Futures grant funds, in the total sum of $166,100.00, and
to execute both the agreement attached as Exhibit A, concerning the Cooperative
Watershed Management grant funds, and the ILA attached as Exhibit B, concerning the
Conservation Futures grant funds.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to carry out
the directives of this resolution.
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Resolution No. 5614
January 7, 2022
Page 3 of 3
Section 3. Effective Date. This Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
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Project Name: Mill Creek Assemblage Award Number: 4.9.21.028
Page 1 of 6
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF AUBURN AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Auburn (“Recipient”), for the purposes set forth herein. This Agreement shall be in effect from
the date of execution to June 30, 2023.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Primary Contact for Recipient: Jamie Kelly, Park Planning and Development Manager,
253-931-4011, Jwkelly@auburnwa.gov.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District (the “Board”), the District’s governing
body, passed Resolution FCD 2020-22 on November 4, 2020, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $9,762,382 in 2021 for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program, called the
Cooperative Watershed Management Award Program, to fund water quality, water
resources and habitat restoration and management projects and activities;
1.5 Whereas, the Recipient submitted an application to its respective WRIA forum or
committee for the Project, as described in Exhibit A attached hereto and incorporated
herein by this reference, and that body has recommended the Project for funding under
the Cooperative Watershed Management Grant Program in accordance with King
County’s Cooperative Watershed Management Grant Program Policies and Procedures, a
copy of which has been furnished by King County to the Recipient and which are
incorporated herein by this reference (“Grant Policies and Procedures”);
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Project Name: Mill Creek Assemblage Award Number: 4.9.21.028
Page 2 of 6
1.6 Whereas the District’s Board of Supervisors has received a list of proposed projects that
includes the Project, and the Board of Supervisors, in Resolution FCD2021-07, has
approved the Project for funding up to the amount of $83,050;
1.7 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and
incorporated herein as Exhibit C (“Budget Summary”), are consistent with the Grant
Policies and Procedures;
1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the
Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to award the Recipient an award in the total amount of $83,050 from
District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project. King County shall pay the Recipient in accordance with the
Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) The activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; and 5) such activities and expenses do not occur prior to the date the grants
were approved by the District and reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budgets and according to the rules set forth in the Grant Policies and
Procedures. Blank forms shall be provided to the Recipient by King County upon
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Project Name: Mill Creek Assemblage Award Number: 4.9.21.028
Page 3 of 6
execution of this Agreement. Progress reports for each project (with or without requests
for payment) shall be made no less frequently than every six months after the effective
date of this Agreement nor more frequently than every three months after the
aforementioned date. A Progress Report form shall be submitted with all payment
requests. A one-time advance may be allowed, in the discretion of King County, for
expenses anticipated to be incurred in the three months following the date of submission
of the advance Request for Payment only for work that is included in the Scope of Work
of this Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 25% of the total award amount. Documentation of payments
made from advances shall be submitted to King County prior to any further requests for
payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient’s completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form unless a more detailed final report is specified in
the scope of work. A blank Close-out Report form shall be provided to the Recipient by
King County upon execution of this Agreement. The final report shall include a summary
of the Project’s successes and shall address the watershed benefits accomplished by the
work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources, and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
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Project Name: Mill Creek Assemblage Award Number: 4.9.21.028
Page 4 of 6
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding, and the WRIA
as a funding partner, for the Project on all printed, online, and electronic documents;
signage or press releases; audio-visual materials; or any other materials produced in
association with the Project. Grant recipients shall submit documentation of
acknowledgement activities with their final reporting documents.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Project shall be completed by no later than June 30, 2023. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation to terminate this Agreement and retain any unexpended Award funds.
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
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Project Name: Mill Creek Assemblage Award Number: 4.9.21.028
Page 5 of 6
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
County’s obligations are contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
KING COUNTY: RECIPIENT:
By By
Name Name
Title Title
Date Date
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Project Name: Mill Creek Assemblage Award Number: 4.9.21.028
Page 6 of 6
EXHIBIT A: PROJECT DESCRIPTION
Project Recipient Description Leverage Award
Mill Creek
Assemblage City of Auburn
The City will use this grant as a match to 2021 King
County Conservation Futures funding to acquire an
assemblage of parcels located along Mill Creek
totaling 7.33 acres. The acquisition area would
accommodate future riparian habitat improvements
associated with Mill Creek, which is identified as a Tier
1 Project: LG-8 in the 2020 Salmon Habitat Plan.
$83,050 $83,050
Project Location: Mill Creek is a left bank tributary that flows into the Lower Green River (LG) at River mile 23.7.
The project area is located along Mill Creek approximately 2 miles upstream of the confluence with the Green
River.
EXHIBIT B: SCOPE OF WORK
Task Title Task Description (Include Activities and Deliverables)
Estimated
Percent of
Total Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request forms, backup documentation
for billing, and progress reports at least every 6 months.
Submit a Fiscal Closeout form and a Closeout Report form
with the final reimbursement request. This task will be
completed by City staff.
0% August 2022
Task 2: Acquire
Parcels
Negotiate sales price with current property owners and
complete the process for acquiring the parcels proposed for
acquisition. The City has a Real Property Analyst on staff who
will provide support and take the lead on executing purchase
and sales agreements.
100% July 2022
EXHIBIT C: BUDGET SUMMARY
Budget Item Grant Request
Real Estate-Related Costs $83,050
TOTAL $83,050
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5615 (Comeau)
Date:
January 10, 2022
Department:
City Attorney
Attachments:
Res olution No. 5615
Agreement
Mill Creek Property PowerPoint
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
approve Resolution No. 5615
Background for Motion:
Purchasing of these properties will allow for the conservation and future improvement to Mill
Creek and the ecosystem it provides. The City will also be reimbursed by King County for the
acquisition costs of these properties.
Background Summary:
Prior to voting on Resolution 5615, Auburn City Council will be asked to vote on Resolution
5614 which allows the City to accept and allocate grant funds from King County Conservation
Futures and Cooperative Watershed Management programs. These are reimbursable grants
with which funds are to be used for the purchase of real property that will aid in the
conservation and future habitat improvements to Mill Creek.
These properties are part of two separate but adjoining short plats (Sp-2-81 and SP-3-81)
located in northwest Auburn. The City currently owns two of the four properties in short plat
SP-2-81. Approving Resolution 5615 and 5616 will allow the City to purchase the two
remaining properties in SP-2-81 and two of the four properties that make up SP-3-81 along
with all divided interests in Tracts A & B of the short plats.
The properties are raw land covered with grass vegetation. Mill Creek wanders through the
south and western portion of Sp-3-81. Purchasing these properties the will ensure that this
portion of Mill Creek will be protected from future development and securing the right of
access for future habitat improvements in this location.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Comeau
Meeting Date:January 18, 2022 Item Number:RES.B
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Resolution No. 5615
September 7, 2021
Page 1 of 2
RESOLUTION NO. 5615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR PURCHASE AND SALE
BETWEEN THE CITY OF AUBURN AND DIAMOND J.
INVESTMENTS, LLC FOR REAL PROPERTY
WHEREAS, with the passing of Resolution 5614, Auburn City Council
authorized the City to accept and appropriate grant funds from King County
Conservation Futures and Cooperative Watershed Management; and
WHEREAS, the purpose of those grant funds described in Resolution
5614 is for the purchase of real property to be used for future habitat
improvements associated with Mill Creek; and
WHEREAS, the City seeks to purchase property located near the
intersection of 44th St NW and I St NW in northwest Auburn, generally depicted
in Exhibits “A-1” (Vicinity Map) & “A-2” (Mill Creek Assemblage) with King County
Conservation Futures to be used for future habitat improvements associated with
Mill Creek.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Contract for the
Purchase of the real property legally described in Exhibit “B” between the City
and Diamond J. Investments, LLC in substantial conformity with the purchase
contract attached as Exhibit “C”.
Page 53 of 97
--------------------------------------
Resolution No. 5615
September 7, 2021
Page 2 of 2
Section 2. The Mayor is authorized to implement those administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This resolution shall be in full force and effect upon passage
and signatures.
Dated and Signed this _____ day of _________________, 2022.
CITY OF AUBURN
___________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Page 54 of 97
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this "Agr eement") is entered into as of
the __ day of ___ � 2022 ("Effective Date"), by and between the City of
Auburn, a Washington municipal corporation ("City" or "Buyer"), and Diamond J.
Investments LLC, an Oregon Limited Liability Company ("Seller"). Seller and Buyer
are collectively referred to as the ''Parties."
RECITALS
A. Seller owns certain real property created by Auburn Short Plat SP-2-81and
SP-3-81, REC# 8201260641 in Auburn, Washington, also known as King County Parcel
Nos. 936000-0011, 12, 15 & 17 (collectively the "Subject Property"), legally described in
attached Exhibit A.
B. Seller wishes to sell, and Buyer wishes to buy, the Subject Property owned
by Seller described in Exhibit A along with any interest Seller has in Tract A & B of SP-
2-81 and SP-3-81.
C.Buyer intends to use grant funds from the King County Conservation
Futures and King County Cooperative Watershed Management grant programs for the
purchase of the Subject Property.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which the Parties mutually acknowledge, Buyer and Seller agree as follows:
1.Certain Defined Terms.For purposes of this Agreement, the following
capitalized terms in this Agreement will have the following definitions:
1.1 "Closing" or "Close of Escrow" means the recordation of the Deed in the
Official Records and Seller's receipt of the Purchase Price.
1.2 "Closing Date" means the date which is thirty (30) days after the expiration
or waiver of the due diligence and feasibility review period, but a date not to exceed
May 31, 2022, but which may be extended pursuant to Section 5.
1.3 "Deposit" means an amount of Two thousand five hundred dollars ($2,500),
plus any other amounts designated as a Deposit in this Agreement.
1.4 "Escrow" means the escrow opened with Escrow Agent for the
consummation of the transaction described in this Agreement.
Purchase and Sale Agreement -COA / Diamond J Investments LLC
King County Parcel #'s 936000-001 1, 12, 15 & 17
Page 1 of 13
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AUBURNVALUESS E R V I C EENVIRONMENTE C O N O M YC H A R A C T E RSUSTAINABILITYW E L L N E S SC E L E B R AT I O NCONSERVATION FUTURES & COOPERATIVE WATERSHED MANAGEMENT GRANT PROPERTIESMILL CREEK PROPERTY PURCHASESLegal DepartmentPage 68 of 97
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SW Corner of 44thSt NW & I St NW, east of State Route 167 Six vacant land parcels, two owners / two land transactions –Kent Yi Company & Diamond J. Investments (RES 5615 & 5616) Parcels are covered with grass vegetation, Mill Creek meanders through the south and western portions of the property GENERAL DESCRIPTION Page 69 of 97
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Two Short Plats – Sp-2-81 & SP-3-81 parallel to one another with ROW/Utility tract (Tract A) separating the twoDivided interest in Tract A & B City owns two of the four parcels in SP-2-81936000-0010 & 0013 Resolution 5615 – Diamond J. (Red) & Resolution 5616 –Kent-Yi (Yellow)GENERAL DESCRIPTION CONT. Page 70 of 97
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONProtection from development and the securing of rights of access for future salmon habitat improvement projects associated with Mill Creek PURPOSEPage 71 of 97
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Purchase PriceKent-Yi PIN 936000-0014 & 0016 (yellow)$52,600Diamond J. Investments PIN 936000-0011, 0012, 0015 & 0017 (red)$106,500 Each equal to their 2020 tax assessed valuations Purchase Funding – Reimbursable grants from King County Conservation Futures and Cooperative Watershed Management Programs (Res 5614) Feasibility, title review TRANSACTION DETAILSPage 72 of 97
Legal DepartmentAUBURNVALUESS E R V I C EENVIRONMENTE C O N O M YC H A R A C T E RSUSTAINABILITYW E L L N E S SC E L E B R AT I O NJOSH ARNDTREAL ESTATE MANAGERJARNDT@AUBURNWA.GOV253.288.4325Page 73 of 97
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5616 (Comeau)
Date:
January 10, 2022
Department:
City Attorney
Attachments:
Res olution No. 5616
Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Resolution No. 5616
Background for Motion:
Purchasing of these properties will also allow for the conservation and future improvement to
Mill Creek and the ecosystem it provides. The City will also be reimbursed by King County for
the acquisition costs of these properties as well.
Background Summary:
Prior to voting on Resolution 5616, Auburn City Council will be asked to vote on Resolution
5614 which allows the City to accept and allocate grant funds from King County Conservation
Futures and Cooperative Watershed Management programs. These are reimbursable grants
with which funds are to be used for the purchase of real property that will aid in the
conservation and future habitat improvements to Mill Creek.
These properties are part of short plat SP-3-81 located in northwest Auburn. Approving
Resolution 5615 and 5616 will allow the City to purchase the two remaining properties in SP-
2-81 and two of the four properties that make up SP-3-81 along with all divided interests in
Tracts A & B of the short plats.
The properties are raw land covered with grass vegetation. Mill Creek wanders through the
south and western portion of Sp-3-81. Purchasing these properties the will ensure that this
portion of Mill Creek will be protected from future development and securing the right of
access for future habitat improvements in this location.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Comeau
Meeting Date:January 18, 2022 Item Number:RES.C
Page 74 of 97
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--------------------------------------
Resolution No. 5616
September 7, 2021
Page 1 of 2
RESOLUTION NO. 5616
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR PURCHASE AND SALE
BETWEEN THE CITY OF AUBURN AND KENT-YI
COMPANY FOR REAL PROPERTY
WHEREAS, with the passing of Resolution 5614, Auburn City Council
authorized the City to accept and appropriate grant funds from King County
Conservation Futures and Cooperative Watershed Management; and
WHEREAS, the purpose of those grant funds described in Resolution
5614 is for the purchase of real property to be used for future habitat
improvements associated with Mill Creek; and
WHEREAS, the City seeks to purchase property located near the
intersection of 44th St NW and I St NW in northwest Auburn, generally depicted
in Exhibits “A-1” (Vicinity Map) & “A-2” (Mill Creek Assemblage) with King County
Conservation Futures to be used for future habitat improvements associated with
Mill Creek.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Contract for the
Purchase of the real property legally described in Exhibit “B” between the City
and Kent-Yi Company in substantial conformity with the purchase contract
attached as Exhibit “C”.
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--------------------------------------
Resolution No. 5616
September 7, 2021
Page 2 of 2
Section 2. The Mayor is authorized to implement those administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This resolution shall be in full force and effect upon passage
and signatures.
Dated and Signed this _____ day of _________________, 2022.
CITY OF AUBURN
___________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Page 77 of 97
Purchase and Sale Agreement – COA / Kent-Yi Company
King County Parcel #’s 936000-0014 & 16
Page 1 of 13 Execution Copy
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of the
_____ day of ________, 2022 (“Effective Date”), by and between the City of Auburn, a
Washington municipal corporation (the “City” or “Buyer”), and Kent-Yi Company, a
Washington General Partnership (“Seller”). Seller and Buyer are collectively referred to as
the “Parties.”
RECITALS
A. Seller owns certain real property created by Auburn Short Plat SP-3-81,
REC# 8201260641 in Auburn, Washington, also known as King County Parcel Nos.
936000-0014 & 16 (collectively the “Subject Property”), legally described in attached
Exhibit A.
B. Seller wishes to sell and Buyer wishes to buy the Subject Property owned
by Seller described in Exhibit A along with any interest Seller has in Tract A & B of SP-
3-81.
C. Buyer intends to use grant funds from the King County Conservation
Futures and King County Cooperative Watershed Management grant programs for the
purchase of the Subject Property.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which the Parties mutually acknowledge, Buyer and Seller agree as follows:
1. Certain Defined Terms. For purposes of this Agreement, the following
capitalized terms in this Agreement will have the following definitions:
1.1 “Closing” or “Close of Escrow” means the recordation of the Deed in the
Official Records and Seller’s receipt of the Purchase Price.
1.2 “Closing Date” means the date which is thirty (30) days after the expiration
or waiver of the due diligence and feasibility review period, but a date not to exceed
May 31, 2022, but which may be extended pursuant to Section 5.
1.3 “Deposit” means an amount of Two thousand five hundred dollars ($2,500),
plus any other amounts designated as a Deposit in this Agreement.
1.4 “Escrow” means the escrow opened with Escrow Agent for the
consummation of the transaction described in this Agreement.
1.5 “Escrow Agent” means Ticor Title Company, located at: 33400 9th Ave S.
#102 Federal Way, WA 98003.
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Purchase and Sale Agreement – COA / Kent-Yi Company
King County Parcel # 936000-0014 & 16
Page 2 of 13 Execution Copy
1.6 “Official Records” means the official real property records of King County,
Washington.
1.7 “Permitted Exceptions” has the meaning as set forth in Section 6.3 below.
1.8 “Purchase Price” has the meaning as set forth in Section 3.
1.9 “Title Company” means Ticor Title Company.
1.10 “Title Policy” means the then current Buyer-purchased standard coverage
ALTA owner’s policy of title insurance issued by the Title Company to Buyer with
coverage in the amount of purchase price, showing title to the Subject Property vested in
Buyer subject only to the Permitted Exceptions.
2. Purchase and Sale. Buyer agrees to buy, and Seller agrees to sell, the Subject
Property legally described in Exhibit “A”, and any and all interest in Tracts A & B the
Seller may have on the terms and conditions set forth in this Agreement.
3. Purchase Price; Cash Payment. The Purchase Price is Fifty Two Thousand Six
Hundred Dollars and no cents ($52,600.00), which will be payable in full at Closing.
The Deposit will be applied to the Purchase Price due at Closing. The Purchase Price
payment by Buyer will be via wire transfer of collected federal funds.
4. Earnest Money Deposit. On execution of this Agreement, Buyer will deposit with
Escrow Agent Two Thousand Five Hundred Dollars and no cents ($2,500.00) in cash
(the “Deposit”), which the Escrow Agent will hold as an earnest money deposit for this
transaction. The Deposit will be held in Escrow and applied or disposed of by the Escrow
Agent based on the terms of this Agreement. The Deposit will not be refunded and will
become property of Seller upon expiration of Buyer’s Due Diligence and Feasibility period.
5. Due Diligence and Feasibility. Due Diligence and Feasibility Period. Buyer shall
have the right for a period of Two Months from the Effective Date of this Agreement (the
“Due Diligence Period”) to conduct Buyer’s due diligence and feasibility review,
examination and inspection of all matters pertaining to its acquisition of the Subject
Property, including such inspections, tests, and surveys as Buyer deems appropriate to
determine the suitability of the Subject Property for Buyer’s intended use. Buyer is solely
responsible to determine its ability to use the Subject Property for its intended use, and is
solely responsible for submitting all necessary applications for City, State, and Federal
permits necessary to determine feasibility. If, based upon Buyer’s review, examination and
inspection, Buyer determines in its sole discretion that it intends to acquire the Subject
Property, then Buyer shall promptly notify Seller of such determination in writing prior to
the expiration of the Due Diligence Period and the Deposit will become nonrefundable
(except as otherwise provided herein), and the Parties will proceed to Closing. In the event
that Buyer fails to deliver such notice to Seller on or before the expiration of the Due
Diligence Period, Buyer will be deemed to be satisfied and to have waived its right to
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terminate this Agreement pursuant to this subsection. If Buyer timely and affirmatively
advises the Seller in writing of its dissatisfaction based on its Due Diligence review, then
this Agreement automatically terminates, the Parties’ rights under this Agreement shall be
of no further force or effect and the Deposit will be returned to Buyer.
6. Title Policy. Promptly after mutual execution of this Agreement, Buyer will obtain
a standard coverage preliminary title insurance commitment covering the Subject Property
from the Title Company (the “Commitment”). The Title Company will be instructed to
deliver a copy of the Commitment and copies of exceptions to Buyer, Seller, and the
Parties’ respective counsel. Approval by Buyer of the exceptions to title set forth in the
Commitment (other than as hereinafter set forth) will be a condition precedent to Buyer’s
obligation to purchase the Property. Unless Buyer gives written notice that it disapproves
the exceptions to title shown on the Commitment (other than the exceptions to title
approved by Buyer and described in Section 6.1 below), stating the exceptions so
disapproved, within ten (10) days after the date of delivery of the Commitment to Buyer,
Buyer will be deemed to have approved such exceptions. If Buyer disapproves any title
exceptions, Seller will have a ten (10) day period after its receipt of Buyer’s written notice
of disapproval of the same within which to provide written notice to Buyer as to which of
such disapproved title exceptions Seller will remove (or cause to be removed) from title;
provided, however, that Seller will not be required to actually remove such exception(s)
until Closing. If, for any reason, Seller’s notice given pursuant to the immediately
preceding sentence does not covenant to remove all of Buyer’s disapproved title exceptions
at or prior to Closing, Buyer has the right to terminate this Agreement by written notice to
Seller and Escrow Agent given within ten (10) days after the earlier of the expiration of
such ten (10) day period or the date Seller informs Buyer that it does not intend to remove
the disapproved items (the “Termination Notice”). Buyer’s failure to deliver the
Termination Notice within such ten (10) day period will be deemed Buyer’s approval of
any such previously disapproved title exception. If Buyer delivers the Termination Notice
within such ten (10) day period, the obligation of Seller to sell, and Buyer to buy, the
Subject Property will terminate.
6.1 Permitted Exceptions. In addition to such other exceptions to title as may
be approved by Buyer pursuant to the provisions of Section 6 above, Buyer shall accept
title to the Property subject to the following (collectively, the “Permitted Exceptions”):
The printed exceptions which appear in the then current ALTA form standard
coverage owner’s policy of title insurance issued by Title Company in the State of
Washington; and items created by, or on behalf of, Buyer.
7. Buyer’s Right of Entry. Buyer, and its agents and consultants, at Buyer’s sole
expense and risk, may enter the Subject Property during the term of this Agreement for the
purpose of Buyer’s due diligence and feasibility study of the Property. Buyer will (a)
exercise care at all times on or about the Subject Property, and (b) take precautions for the
prevention of injury to persons or damage to property on or about the Subject Property.
Any physical alteration of the Subject Property in connection with Buyer’s study will be
restored by Buyer immediately upon demand by Seller, at Buyer’s sole expense. Buyer
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indemnifies Seller against any loss, damage, or claim resulting from Buyer’s inspections
and tests. Buyer is not Seller’s agent in connection with such activities and has no authority
to allow any liens to encumber the Subject Property. Buyer shall keep the Subject Property
free from all mechanics’, materialmen’s and other liens, and all claims arising from any
work or labor done, services performed, or materials and supplies furnished in with Buyer’s
actions in the exercise of its right of entry on the Subject Property and Buyer will maintain
all insurance as required by Seller with respect to activities on the Subject Property.
8. Closing.
8.1 Time for Closing. This purchase and sale will be closed in the office of
Escrow Agent on the Closing Date. Buyer and Seller will place in Escrow with Escrow
Agent all instruments, documents and monies necessary to complete the sale under this
Agreement. Funds held in Escrow pursuant to Escrow instructions will be deemed, for
purposes of this definition, as available for disbursement to Seller. Neither party needs to
be physically present at the Closing.
8.2 Closing Costs.
8.2.1 Seller’s Costs. Associated with the sale and conveyance Seller will
pay; (a) Seller’s share of prorations, if any, and (b) Sellers own legal fees, if any.
8.2.2 Buyer’s Costs. Buyer will pay all costs associated with the sale and
conveyance of the Subject Property, including but not limited to: (a) the full escrow fees
and costs, (b) all premiums charged for the Title Policy and any additional endorsements
or coverage Buyer may require, including applicable sales tax, (c) the recording fees for
the Deed; and (d) Buyer’s share of prorations, if any (d) real estate excise taxes, and (e)
real estate commissions in the amount of $2,630.00 to Skyline Properties.
8.2.3 Other Costs. All other costs and expenses will be Buyer’s
obligation.
8.2.4 Real Property Taxation. Seller will be responsible for all real
property taxes due and owing prior to the Closing.
8.3 Closing Documents.
8.3.1 Seller’s Documents. At Closing, Seller will deliver to Escrow Agent
the following instruments and documents:
a. An executed and acknowledged Statutory Warranty Deed acceptable to
Buyer;
b. The executed real estate excise tax affidavit to accompany the Deed;
and
c. An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
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8.3.2 Buyer’s Documents. At Closing, Buyer shall deliver to Escrow
Agent the following funds, instruments and documents:
a. The balance of the Purchase Price in accordance with Section 3; and
b. An executed real estate excise tax affidavit.
9. Possession. Buyer will be entitled to possession of the Subject Property upon
Closing.
10. Representations and Warranties.
10.1 Seller’s Representations and Warranties. In addition to any other
representations or warranties of City elsewhere in this Agreement, Seller represents and
warrants to Buyer now, and as of the Date of Closing, that:
10.1.1 Authority. Seller has full power and authority to execute this
Agreement and perform Seller’s obligations, and all necessary action to authorize this
transaction has been taken, except as specifically provided herein.
10.1.2 Hazardous Substances. Seller has not received notification of any
kind from any governmental agency suggesting that the Subject Property is or may be
targeted for a Hazardous Substances cleanup; to the best of Seller’s knowledge the Subject
Property has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel,
chemicals or any type of toxic, dangerous, hazardous or biological waste or substance
(collectively, “Hazardous Substances”), or (b) as a landfill or waste disposal site; to the
best of Seller’s knowledge the Subject Property has not been contaminated with any
Hazardous Substances; and (c) to the best of Seller’s knowledge, there are no underground
storage tanks on the Subject Property. Buyer agrees to waive Seller’s Disclosure Statement
under RCW 64.06.010 with the exception of item 6 “Environmental” under RCW
64.06.013 which Seller shall deliver to Buyer within five (5) business days following
execution of this Agreement. A blank copy of the Environmental Section of Seller’s
Disclosure Statement is attached as Exhibit B for reference. Prior to Closing, Buyer will
be responsible to evaluate the property for Hazardous Substances and Seller will be given
the opportunity, but will not be obligated, to remediate any concerns brought to the
attention of environmental authorities.
10.1.3 Buyer’s Representations and Warranties. In addition to any other
representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and
warrants to Seller now, and as of the Date of Closing, that (a) Buyer has full power to
execute, deliver and carry out the terms and provisions of this Agreement, and has taken
all necessary action to authorize the execution, delivery and performance of this
Agreement; and (b) the individual executing this Agreement on behalf of Buyer has the
authority to bind Buyer to the terms and conditions of this Agreement.
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10.1.4 “As is” condition of Subject Property. The Purchase Price reflects
that Buyer is purchasing the Subject Property “as is,” “where is,” and “with all faults,”
except to the extent of representations and warranties specifically made by Seller or in the
Statutory Warranty Deed or other documents to be delivered by Seller at Closing.
11. Maintenance of Subject Property; Risk of Loss, Condemnation.
11.1 Maintenance of Subject Property. From the date of this Agreement until
the Closing Date (or any earlier termination of this Agreement), Seller agrees to maintain
the Subject Property in substantially the same condition existing as of the Effective Date,
ordinary wear and tear, damage by casualty excepted.
11.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements
on the Subject Property will be borne by Seller at all times until the Closing Date and no
event of casualty or damage shall affect the parties’ obligations under the Agreement or
the Purchase Price, however, Buyer will have the right to receive any insurance proceeds
due Seller in connection with any casualty or damage and Seller covenants to maintain
commercially reasonable casualty insurance in place with respect to the Subject Property
at all times prior to Closing. Seller shall promptly notify Buyer of any condemnation or
eminent domain proceeding which affects the Subject Property. In the event of any
condemnation or eminent domain proceeding by any entity other than City, or a deed in
lieu of or under threat thereof, which affects a material portion of the Subject Property,
Buyer may elect either to terminate this Agreement, or to purchase the Subject Property in
the condition existing on the Closing Date without adjustment of the Purchase Price.
12. Default.
12.1 Time of Essence. Time is of the essence for this Agreement.
12.2 Seller’s Remedies for Buyer’s Default or Failure to Close. If Buyer fails,
without legal excuse, to complete the purchase of the Subject Property in accordance with
this Agreement, Seller’s sole and exclusive remedies shall be to retain the Deposit as
liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller
represents a reasonable estimation of the damages in the event of Buyer’s default and
failure to close, that actual damages may be difficult to ascertain and that this provision
does not constitute a penalty. In this respect, Buyer and Seller acknowledge that these
damages have been specifically negotiated between Buyer and Seller and will compensate
Seller for delaying the eventual sale of the Subject Property and to compensate Seller or its
costs and expenses associated with this Agreement.
12.3 Buyer’s Remedies for Seller’s Default. If Seller fails to complete the sale
of the Subject Property in accordance with this Agreement, Buyer’s remedy will be to
terminate this Agreement or to seek specific performance.
13. Notices. All notices, demands and other communications required or permitted to
be given shall be in writing, and shall be sent by personal delivery (including by means of
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professional messenger or courier service) or registered or certified mail, postage-prepaid,
return-receipt requested, or by electronic mail (e-mail) at the addresses provided. Notice
shall be deemed to have been given if personally delivered or sent by electronic mail (e-
mail), upon receipt, if sent by mail, two (2) days after duly placed in the U.S. Mail to all of
the addresses designated for such party.
The Parties’ respective addresses for notices are as follows:
If to City: City of Auburn
Real Estate Division
25 West Main Street
Auburn, WA 98001-4998
Attn: Josh Arndt
Email: jarndt@auburnwa.gov
With copies to: City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Attn: City Attorney
Email: kcomeau@auburnwa.gov, druth@auburnwa.gov
If to Seller: Skyline Properties (Office # 940)
Ron Melik (License # 4651)
702 S Hill Park Dr, Suite 203
Puyallup, WA 98373
206.354.2995
Ronsellshomes@comcast.net
With copies to: __________________________________
__________________________________
__________________________________
__________________________________
__________________________________
__________________________________
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
14. General.
14.1. Entire Agreement. This is the entire Agreement of Buyer and Seller with
respect to the matters covered and supersedes all prior agreements between them, written
or oral. This Agreement may be modified only in writing, signed by Buyer and Seller.
Any waivers must be in writing. No waiver of any right or remedy in the event of default
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will constitute a waiver of such right or remedy in the event of any subsequent default.
Venue for disputes under this Agreement is the Superior Court of King County,
Washington.
14.2 Choice of Law. This Agreement will be governed by the laws of the State
of Washington.
14.3 No Third-Party Beneficiaries/Severability. This Agreement is for the
benefit only of the Parties and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision. This Agreement may be executed in counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
14.4 Survival of Rights, Duties, and Obligations. The Parties’ rights, duties,
covenants, and obligations shall survive Closing and the expiration or earlier termination
of this Agreement.
14.5 Indemnification. From and after Closing, and for a period of ten (10) years
from the Closing Date, Seller shall indemnify, defend, and hold Buyer harmless from and
against any and all claims and agency orders or requirements relating to or arising out of,
directly or indirectly, the Subject Property, except to the extent caused by the negligence
or willful misconduct of Buyer.
14.6 Signing Authority. Each of the Parties represents and warrants that the
individual signing this Agreement on its behalf is duly authorized to enter into this
Agreement and to execute and legally bind such Party to it.
14.7 Attorneys’ Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party is entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys’ fees, including
fees incurred at trial, on any appeal and in any petition for review.
14.8 Exclusivity. During the term of this Agreement, Seller will not market nor
list the Subject Property for sale, nor accept any offers from third parties with respect to
sale of the Subject Property.
14.9 Reservation of Police Power. Notwithstanding anything to the contrary set
forth in this Agreement, Buyer understands and acknowledges that City’s authority to
exercise its police (regulatory) powers in accordance with applicable law shall not be
deemed limited by the provisions of this Agreement.
14.10 This purchase is subject to the approval of the King County Futures
Committee which Buyer shall make reasonable effort to obtain by the expiration of the due
diligence and feasibility period. If no notice of King County Futures Committee is
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delivered to Seller by the end of the feasibility period then approval shall be deemed to
have been granted. Buyer may request an extension, at no cost to Buyer for this provision.
Seller agrees to allow for an extension of this provision if Buyer can demonstrate
reasonable efforts in obtaining said approval.
14.11 Approval by Auburn City Council. The Parties acknowledge that this
Agreement shall not be deemed accepted by or binding on Seller until approved by the
Auburn City Council.
14.12 Real Estate Broker / Commissions. The Parties acknowledge that Skyline
Properties broker (Office #905), Ron Melik (License #4651), has performed services on
behalf of Seller that entitles the Brokerage to a real estate commission. The Parties agree that
Buyer will pay a brokerage commission in the amount of Two Thousand Six Hundred
Thirty Dollars and no cents ($2,630.00) as part of Buyer’s closing costs identified in
paragraph 8.2.2 above.
14.13 Exhibits. The following exhibits are attached and incorporated into this
Agreement by reference.
(i) Exhibit A – Legal Description of the Subject Property
(ii) Exhibit B – Seller Disclosure, Environmental
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King County Parcel # 936000-0014 & 16
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EXHIBIT “A”
Legal Description
Lots 1 and 2 of Short Plat No. SP-3-81, according to the Short Plat Survey recorded
under King County Recording No. 8201260641
TOGETHER WITH an easement for ingress, egress and utility purposes as disclosed in
said short plat;
Situate in the City of Auburn, County of King, State of Washington
King County Parcel Numbers: 936000-0014-09 and 936000-0016-07
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EXHIBIT “B”
Seller Disclosure – Environmental
ENVIRONMENTAL DISCLOSURE Yes No Don’t
Know
N/A
A Have there been any flooding, standing water, or drainage
problems on the property that affect the property or access to
the property?
B Does any part of the property contain fill dirt, waste, or other
fill materials?
C Is there any material damage to the property from fire, wind,
floods, beach movements, earthquake, expansive soils, or
landslides?
D Are there any shorelines, wetlands, floodplains, or critical
areas on the property?
E Are there any substances, materials, or products in or on the
property that may be environmental concerns, such as
asbestos, formaldehyde, radon gas, lead-based paint, fuel or
chemical storage tanks, or contaminated soil or water?
F Has the property been used for commercial or industrial
purposes?
G Is there any soil or groundwater contamination?
H Are there transmission poles or other electrical utility
equipment installed, maintained, or buried on the property
that do not provide utility service to the structures on the
property?
I Has the property been used as a legal or illegal dumping site?
J Has the property been used as an illegal drug manufacturing
site?
K Are there any radio towers in the area that cause interference
with cellular telephone reception?
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If you answered yes to any of the following please give further details here.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5644 (Faber)
Date:
January 13, 2022
Department:
Parks/Art and Recreation
Attachments:
Resolution 5644
Qares Property Vicinity Map
Budget Impact:
Current Budget: $12,974.00
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5644
Background for Motion:
Resolution No. 5644 authorizes the Mayor to execute an amendment to the Conservation
Futures ILA between the City and King County for Open Space Acquisitions.
Background Summary:
In 2016 the City was awarded a grant for the acquisition of a parcel located above Mary Olson
Farm. The original target acquisition property, previously known at the Watts property,
changed ownership and the new owner was not interested in selling to the property to the
City. Subsequently a parcel located adjacent to the south end of Isaac Evans Park along the
Green River became available. City staff worked with the King County Conservation Futures
Review Committee to reprogram the grant from the Watts property located above the farm to
the property along the river, south of Isaac Evans Park. As a result of this acquisition the
property along river will be permanently protected from future development.
Budget Impacts:
No budget impacts to other City Departments. The required City grant match comes in the
form of Park Impact Fees in the amount of $12,974.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Faber
Meeting Date:January 18, 2022 Item Number:RES.D
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666.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet666.7
Notes
Type any additional notes- delete text to
leave blank
Legend
333.30
1:4,000
QARES PROPERTY VICINITY MAP
1in =333 ft
1/13/2022Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Parcel Boundaries
City Street Names
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