HomeMy WebLinkAbout02-21-2022 City Council AgendaCity Council Meeting
February 21, 2023 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G E M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I 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 February 21, 2023 at
7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Z oom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Z oom: https://us06web.zoom.us/j/85028696627
A .P ledge of Allegiance
I V.Roll Call
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
V I .AG E ND A M O D I F IC AT I O NS
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
Page 1 of 69
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. All written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail written comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
B .Correspondence - (T here is no correspondence for Council review.)
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
2.Mayoral B enefits and L eave Compensation Review A d
Hoc Committee (Chair B aldwin)
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J anuary 17, 2023 S pecial Study Session
Meeting
B .Minutes of the J anuary 23, 2023 S pecial City Council Meeting
Page 2 of 69
C.Minutes of the February 6, 2023 Regular City Council Meeting
D.Minutes of the February 13, 2023 Regular S tudy S ession
Meeting
E .Claims Voucher (Thomas)
Claims voucher list dated F ebruary 21, 2023 which includes voucher number 471035
through 471175, in the amount of $2,798,322.62 and three wire transfers in the amount
of $614,422.88
F.P ayroll Voucher (T homas)
P ayroll check numbers 539468 through 539471 in the amount of $78,120.60,
electronic deposit transmissions in the amount of $2,603,408.97 for a grand total of
$2,681,529.57 for the period covering F ebruary 2, 2023 to F ebruary 15, 2023
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .NE W B US I NE S S
X I I .O RD INANC E S
A .Ordinance No. 6899 (T homas)
A n Ordinance establishing the local sales and use tax rate for local revitalization
financing for 2023
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6899.)
B .Ordinance No. 6901 (Tate)
A n Ordinance for a Site-Specific Rezone of one parcel from R-5, Residential Zone -
Five Dwelling Units Per A cre to I , I nstitutional
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6901.)
C.Ordinance No. 6903 (Gaub)
A n Ordinance amending Chapter 2.94 of the A uburn City Code related to the City’s
Transportation Advisory B oard
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6903.)
D.Ordinance No. 6904 (Gaub)
A n Ordinance amending Chapter 12.12 of the Auburn City Code relating to Public
S idewalk A reas to A ddress Artificial Turf
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6904.)
Page 3 of 69
X I I I .RE S O L UT IO NS
A .Resolution No. 5698 (Thomas)
A Resolution authorizing the transfer of funds for the purpose of making loans from the
general fund and/or the cumulative reserve fund to funds sustained by grants, fees, or
tax credits between February 2023 and February 2024
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5698.)
B .Resolution No. 5702 (Thomas)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and K ing County to implement the 2023-2024 Waste Reduction and Recycling
Grant P rogram and to accept and expend program grant funds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5702.)
X I V.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 V.AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 17, 2023 Special Study Session
Meeting
Date:
February 14, 2023
Department:
City Council
Attachments:
01-17-2023 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:February 21, 2023 Item Number:CA.A
Page 5 of 69
City Council Study Session
J anuary 17, 2023 - 5:30 P M
S P E C IA L ME E T ING Council Chambers
MINUT E S
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Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Kate B aldwin,
L arry B rown, and Yolanda Trout-Manuel. Councilmember Bob B aggett and
Councilmember Mulenga were excused.
Department directors and staff members present include: City A ttorney
K endra Comeau, Chief of Police Mark Caillier, Director of P ublic Works
I ngrid Gaub, Director of E quity and I nclusion Brenda Goodson-
Moore, Director of Finance J amie Thomas, B usiness S ystems Analyst
Chrissy Malave, and Deputy City Clerk Hannah S choll.
I I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .A d-Hoc Council Vacancy Committee Presentation (Council)
Deputy Mayor J eyaraj thanked Council and staff for all their dedication and
hard work with the Ad Hoc Process.
Councilmember Trout-Manuel provided a presentation on the Ad Hoc
Committee process including the review process, scoring process, and
their recommendation of selecting the top five highest scoring applicants.
City Attorney Comeau provided Council with the overall 2023 Auburn City
Council Vacancy A d Hoc progression including the law, history, neighboring
City processes, formation of the A d Hoc Committee, requirements,
application procedures, interview process, and the term of the position.
Page 1 of 2Page 6 of 69
Council discussed what the blind process entails, training prior to reviewing,
the scoring matrix, and the interview process.
Deputy Mayor asked Council for consensus to move the top five scoring
applicants forward for interviews, consensus from the Council was
received.
Deputy Mayor requested staff to send out interview invitation letters to the
top five applicants, and requested Council submit two interview questions
to the City Clerk.
V.A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 5:44 p.m.
A P P R O V E D this 21st day of February, 2023.
____________________________ _______________________________
J A ME S J E YA R A J , D E P UT Y MAYO R Hannah S choll, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 2Page 7 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 23, 2023 Special City Council Meeting
Date:
February 14, 2023
Department:
City Council
Attachments:
01-23-2023 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:February 21, 2023 Item Number:CA.B
Page 8 of 69
City Council Meeting
J anuary 23, 2023 - 5:30 P M
S P E C IA L ME E T ING City Hall Council
Chambers
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 .L AND AC K NO WL E D G E M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 5:30 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.
I V.Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Kate B aldwin,
L arry B rown, Robyn Mulenga, and Yolanda Trout-Manuel. Councilmember
B ob Baggett arrived via Z oom at 5:46 p.m.
Department directors and staff members present included:
City Attorney Kendra Comeau, Chief of P olice Mark Caillier, Director of
P ublic Works I ngrid Gaub, Director of P arks Daryl F aber, Director of
Finance J amie Thomas, Director of Equity and I nclusion B renda
Goodson-Moore, Director of Community Development J eff Tate, B usiness
S ystems Analyst J onathan B arbano, and City Clerk S hawn Campbell.
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .Tamil Heritage Month
Mayor Backus to proclaim J anuary 2023 as "Tamil Heritage Month" in the City of
A uburn
Page 1 of 7Page 9 of 69
Mayor Backus proclaimed J anuary 2023 as Tamil Heritage Month in the
City of Auburn.
Meena A run and A run Kumar thanked the Mayor and Council for
recognizing Tamil Heritage Month and shared how people can find more
infromation regarding Tamil.
V I .AP P O I NT M E NT S
A .A uburn J unior City Council
City Council to approve the reappointment of Waylon Menzia to the Auburn J unior City
Council for a six month term expiring J une 30, 2023
Deputy Mayor J eyaraj moved and Councilmember Mulenga seconded to
reappoint Waylon Menzia to the A uburn J unior City Council for a six month
term to expire on J une 30, 2023.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
B .Transportation Advisory B oard
City Council to approve the reappointments of Dennis Grad and Riley P atterson to the
Transportation Advisory B oard for a three year term expiring December 31, 2025
City Council to approve the reappointment of Waylon Menzia to the Transportation
A dvisory Board for a six month term expiring J une 30, 2023
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to reappoint Dennis Grad and Riley P atterson to the
Transportation Advisory B oard for a three year term to expire on December
31, 2025.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
Deputy Mayor J eyaraj moved and Councilmember Mulenga seconded to
reappoint Waylon Menzia to the Transportation A dvisory Board for a six
month term expiring J une 30, 2023.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
C.A uburn L odging Tax Advisory Committee
City Council to approve the reappointment of Bob Fraser to the A uburn L odging Tax
A dvisory Committee for a three year term expiring December 31, 2025
Councilmember Trout-Manuel moved and Councilmember Mulenga
seconded to reappoint Bob Fraser to the Auburn L odging Tax A dvisory
Committee for a three year term to expire on December 31, 2025.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
Page 2 of 7Page 10 of 69
D.A uburn Tourism Board
City C ouncil to approve the reappointments of Malia Dale, Pearl S errano and Ronnie
Roberts to the A uburn Tourism Board f or a three year term expiring D ecember 31,
2025
Councilmember B rown moved and Councilmember Mulenga seconded to
reappoint Malia Dale, Pearl Serrano, and Ronnie Roberts to the A uburn
Tourism Board for a three year term to expire on December 31, 2025.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
E .A uburn Cemetery Board
City Council to approve the appointment of Tim Pierce to the Auburn Cemetery Board
for a three year term expiring December 31, 2025
City Council to approve the reappointments of J udi Roland and Robert Rakos to the
A uburn Cemetery Board for a three year term expiring December 31, 2025
Councilmember Mulenga moved and Councilmember Trout-Manuel
seconded to appoint Tim Pierce to the Auburn Cemetery Board for a three
year term to expire on December 31, 2025.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Councilmember B aldwin moved and Councilmember B rown seconded to
reappoint J udi Roland and Robert Rakos to the
A uburn Cemetery Board for a three year term to expire on December 31,
2025.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
F.Urban Tree Board
City C ouncil to approve the reappointment of B rooksie Hall to the Urban Tree Board
for a three year term expiring December 31, 2025
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to reappoint Brooksie Hall to the Urban Tree B oard for a three
year term to expire on December 31, 2025.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V I I .AG E ND A M O D I F IC AT I O NS
Under item X I V.A I nterviews and Selection, applicant No.12 was removed
from the agenda and replaced with applicant No. 6.
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Page 3 of 7Page 11 of 69
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Virginia Haugen 2503 R St S E
Ms. Haugen expressed concerns regarding vacation pay for elected
officials.
B .Correspondence
There was no correspondence for Council to review.
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Baldwin have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
2.Councilmember Vacancy A d Hoc Committee (Chair
Baggett)
Councilmember Trout-Manuel, Co-Chair of the Councilmember
Vacancy ad hoc committee, reported that the committee met with
staff, reviewed applications through a blind interview process, and
selected the top five highest scoring applicants based off a point
system matrix.
Director of Equity and I nclusion Goodson-Moore provided an
overview of the anti-bias online training, applicant eligibility
requirements, the redaction and blind screening process, matrix and
scoring process, notification process, and the committees
recommendation to move the sixth highest scoring applicant up due
to one of the previously selected candidates withdrawing their
application.
Councilmember Trout-Manuel moved and Deputy Mayor J eyaraj
seconded to move the sixth ranked applicant into an interview slot
due to an applicant removing their name from consideration.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Director of Equity and I nclusion Goodson-Moore selected the
Page 4 of 7Page 12 of 69
applicants names at random to determine the order of interviews.
City Attorney Comeau explained the voting and selection process
that will occur after the interviews are complete.
Council disclosed if they have had interactions with any candidates
related to the position, they discussed the scoring matrix, and the
interview questions.
X .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the December 12, 2022, City Council Study
S ession Meeting
B .Minutes of the December 19, 2022, City Council Meeting
C.Claims Voucher (Thomas)
Claims voucher list dated J anuary 3, 2023 which includes voucher number 470679, in
the amount of $119,508.72 and one wire transfer in the amount of $12,182.10
Claims voucher list dated J anuary 17, 2023 which includes voucher numbers 470680
through 470868, in the amount of $7,424,881.22 and one wire transfer in the amount of
$753,284.53
Claims voucher list dated J anuary 17, 2023 which includes voucher numbers 470869
through 470889, in the amount of $5,039,992.53 and two wire transfers in the amount
of $663,623.69
D.P ayroll Voucher (T homas)
P ayroll check numbers 539454 through 539458 in the amount of $692,381.52,
electronic deposit transmissions in the amount of $2,290,888.85 for a grand total of
$2,983,270.37 for the period covering December 15, 2022 to December 28, 2022
P ayroll check numbers 539460 through 539465 in the amount of $80,717.31,
electronic deposit transmissions in the amount of $2,448,624.52, also a special payroll
for our S ick L eave Cash out with electronic deposit transmission in the amount of
$26,639.76 for a grand total of $2,555,981.59 for the period covering December 29,
2022 to J anuary 11, 2023
Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded
to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .UNF INIS HE D B US I NE S S
There was no unfinished business.
Page 5 of 7Page 13 of 69
X I I .NE W B US I NE S S
There was no new business.
X I I I .RE S O L UT IO NS
A .Resolution No. 5696 (Comeau)
A Resolution authorizing the Mayor to terminate the existing lease and enter into a
lease agreement with S panaflight, L L C at the Auburn Municipal A irport
Deputy Mayor J eyaraj moved and Councilmember B rown seconded to
approve Resolution No. 5696.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I V.I NT E RV IE WS AND S E L E C T IO N
A .I nterviews of Councilmember Candidates
A ll candidates were asked to wait outside of Chambers and were escorted
when it was their turn to interview. Councilmembers asked the applicants
the same questions, in the same order for each interview. T he Council
interviewed; Katherine Kelly Murray, Cheryl Rakes, Clinton Taylor, Tracey
Turner, and Ofa L angi.
B .E xecutive S ession
Mayor Backus adjourned into an executive session at 7:45 p.m. per R C W
42.30.110(1)(h) to discuss the qualifications of a candidates for
appointment to elective office for 30 minutes. City Attorney Comeau, and
Director of Equity and I nclusion Goodson-Moore were required to attend.
There is anticipated action after the executive session.
C.S election of Councilmember to Fill Vacant Council Seat
The City Council will select a new Councilmember to fill the vacant position by a
majority vote
Mayor Backus reconvened the meeting at 8:15 p.m.
Mayor Backus thanked the candidates for their interest in the position
and thanked Council and staff for their hard work throughout the entire
process. She restated the voting process and asked Council for their
votes.
K atherine K elly Murray received zero votes.
Cheryl Rakes received four votes.
Clinton Taylor received zero votes.
Tracy Turner received zero votes.
Ofa L angi received two votes.
Page 6 of 7Page 14 of 69
B y majority vote of the Council, Cheryl Rakes was selected to fill the
Vacant Council Seat.
X V.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
No reports.
B .From the M ayor
No reports.
X V I .AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 8:20 p.m.
A P P R O V E D this 21st day of February, 2023.
____________________________ ____________________________
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 7 of 7Page 15 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 6, 2023 Regular City Council Meeting
Date:
February 14, 2023
Department:
City Council
Attachments:
02-06-2023 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:February 21, 2023 Item Number:CA.C
Page 16 of 69
City Council Meeting
February 6, 2023 - 7:00 P M
City Hall Council Chambers
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 .L AND AC K NO WL E D G E M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The 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.
I V.Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, Cheryl Rakes, and Yolanda
Trout-Manuel.
Department directors and staff members present included:
City Attorney Kendra Comeau, Chief of P olice Mark Caillier, Director of
P ublic Works I ngrid Gaub, Director of Finance J amie Thomas, Director of
E quity and I nclusion Brenda Goodson-Moore, Director of I nnovation and
Technology David Travis, B usiness S ystems Analyst Chrissy Malave, and
City Clerk S hawn Campbell.
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .B lack History Month
Mayor Backus to proclaim F ebruary 2023 as "Black History Month" in the City of
A uburn
Page 1 of 5Page 17 of 69
Mayor Backus proclaimed February 2023 as Black History Month in the
City of Auburn.
L aTricia Kinlow and P astor L aShund L ambert, members of the Police
A dvisory Committee, accepted the proclamation and thanked the Mayor
and Council for the proclamation. P astor L ambert encouraged everyone to
remember the reasons for this month all year long. Ms. K inlow asked
everyone to read Doctor K ing's L etter from the B urmingham J ail.
B .P olice Promotional Ceremony (Caillier)
P olice Chief Caillier introduced Matt W ilkinson and Chris Burger. Officer
W ilkinson was promoted to Sergeant. and Sergeant B urger was promoted
to Commander. S ergeant W ilkinson and Commander Burger recited the
P olice Officer Oath.
Mayor Backus recessed the meeting for 10 minutes at 7:08 p.m.
Mayor Backus reconvened the meeting at 7:18 p.m.
V I .AP P O I NT M E NT S
A .Transportation Advisory B oard
City Council to approve the appointment of Ajay Ganesan to the Transportation
A dvisory Committee - Bicycling Community Representative position for a three year
term expiring December 31, 2025
Councilmember Trout-Manuel moved and Councilmember Baggett
seconded to appoint A jay Ganesan to the Transportation Advisory
Committee - B icycling Community Representative position for a three year
term expiring December 31, 2025.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .A uburn Arts Commission
City Council to approve the appointments of Tracy Taylor-Turner and Tracy Gallaway to
the Auburn A rts Commission for a three year term expiring December 31, 2025
Councilmember Trout-Manuel moved and Councilmember Brown
seconded to appoint Tracy Taylor-Turner and Tracy Gallaway to the Auburn
A rts Commission for a three year term expiring December 31, 2025.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I .AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
Page 2 of 5Page 18 of 69
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .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.
E rnest Commodore 34620 4th P L S W Federal Way 98023
Mr. Commodore expressed frustration regarding the Community
Center being closed.
B ob Durrigan 104 S . 325th P L F ederal Way 98003
Mr. Durrigan invited everyone to attend the 19th A nnual Special
Needs Youth Fishing Derby on S aturday April 29, 2023, at Mill P ond
P ark.
L iem Allen 2120 62nd L oop S E A uburn 98092
Mr. A llen and members of Troop 401 invited Mayor and Council to
attend their Troops 100th A nniversary E vent.
L inda Redmond 2704 18th S T S E A uburn 98002
Ms. Redmond shared information regarding B lack History, and
recommended a gluten free YouTube video.
Doctor Commodore 109 S Division S T Auburn 98001
Doctor Commodore shared that she recently launched her business
to heal trauma for Black, I ndigenous, and People of Color (B I P O C)
girls. She requested additional funding for her program.
B .Correspondence
There was no correspondence for Council to review.
I X.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 aldwin)
Councilmember B aldwin, Chair of the F inance ad hoc committee,
reported she and Councilmember Baggett have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
Page 3 of 5Page 19 of 69
X .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Claims Voucher (Thomas)
Claims voucher list dated F ebruary 6, 2023 which includes voucher number 470890
through 471034, in the amount of $3,573,355.74 and six wire transfers in the amount of
$918,385.73
B .P ayroll Voucher (T homas)
P ayroll check numbers 539466 through 539467 in the amount of $615,569.73,
electronic deposit transmissions in the amount of $2,386,621.43 for a grand total of
$3,002,191.16 for the period covering J anuary 12, 2023 to February 1, 2023
Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded
to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I I .NE W B US I NE S S
Councilmember B aldwin and Deputy Mayor J eyaraj moved to create an ad
hoc committee to review benefits and leave compensation for the Mayoral
position.
This committee will:
work with staff to gather both historic and comparative data
evaluate current ordinance
establish appropriate legal span of control
develop options for revising the existing ordinance language
present our findings back to council in study session when next
steps may be taken as determined by council
Council discussed asked how the ad hoc committee would be selected
and which staff members the committee will work with.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I I .RE S O L UT IO NS
A .Resolution No. 5699 (Gaub)
A Resolution authorizing the Mayor to execute and administer
agreements accepting grants from the Washington S tate Department of
Transportation and Federal Highway A dministration for 6 Projects:
1) E Valley Highway W idening
2) R S treet S E And 21st Street S E Roundabout
Page 4 of 5Page 20 of 69
3) 2023 City Safety Pedestrian Crossing E nhancements
4) A Street L oop
5) C S treet S W P reservation (W Main S t to G S A Signal), and
6) L ake Tapps Parkway/Sumner-Tapps Hwy E P reservation
Councilmember B rown moved and Councilmember B aggett seconded to
approve Resolution No. 5699.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I V.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 B aggett reported he attended the Pierce County Board of
Health meeting.
Councilmember B aldwin reported she attended the Cities and S chools
meeting,
B .From the M ayor
Mayor Backus reported she attended the S outh Correction Entity
(S C O R E ) Board meeting, and a meeting with the North A uburn
B usinesses. S he reported she is working with the Washington S tate
L egislators on proposed legislation.
X V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 8:04 p.m.
A P P R O V E D this 21st day of February, 2023.
____________________________ ____________________________
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 21 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 13, 2023 Regular Study Session
Meeting
Date:
February 14, 2023
Department:
City Council
Attachments:
02-13-2023 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:February 21, 2023 Item Number:CA.D
Page 22 of 69
City Council Study Session Muni
Serv ices S FA
February 13, 2023 - 5:30 P M
City Hall Council Chambers
A GE NDA
Watch the meeting v ideo
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, Cheryl Rakes, and Yolanda
Trout-Manuel.
Department directors and staff members present include: City A ttorney
K endra Comeau, S enior Staff City A ttorney Harry B oesche, Chief of
P olice Mark Caillier, Director of Public Works I ngrid Gaub, A ssistant
Director of Engineering S ervices J acob S weeting, Director of E quity and
I nclusion Brenda Goodson-Moore, Director of Community Development
J eff Tate, Director of Human Resources & Risk Management Candis
Martinson, Director of I nnovation and Technology David Travis, Director of
Finance J amie Thomas, S enior Project Engineer Matt L arson, Senior
P roject E ngineer J effrey Bender, Senior P lanner Dinah Reed, S enior
Transportation P lanner Cecile Malik, Business Systems A nalyst Chrissy
Malave, and City Clerk S hawn Campbell.
1.Executive Session
Deputy Mayor adjourned into an executive session at 5:31 p.m. per
R C W 42.56.110(1)(i) to discuss litigation or legal risks of a proposed
action or current practice that the agency has identified when public
discussion of the litigation or legal risks is likely to result in an adverse
legal or financial consequence to the agency for 30 minutes. City
Attorney Comeau, S enior City A ttorney B oesche, Director of Human
Resources Martinson, and Appointed S pecial City A ttorney Charlotte
Archer will be required to attend. There is no anticipated action after
the executive session.
Page 1 of 4Page 23 of 69
Deputy Mayor extended the executive session by 15 minutes.
Deputy Mayor reconvened the meeting at 6:16 p.m.
I I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .PA C Update (Caillier) (20 Minutes)
J osh Z umsted, a member of the Police Advisory Committee (PA C),
provided Council with an update on his experience with PA C. He reviewed
his ride along experience, the perception of safety in the community, the
initiative the Committee is interested in moving forward, community
engagement, police recruitment, challenges facing the community, and
sharing information throughout the community.
B .E nd of Year Capital Projects Status Report (Gaub) (15 Minutes)
E ngineer L arson provided Council with an overview of the 2022 end of
year Capital Project Status Report. He reviewed the Capital Projects
completed in 2022, the A cademy P ump S tation 1 Replacement project,
2nd Street S E Preservation project, 4th S treet S E preservation project,
how Council can stay informed on current projects, and the Capital P rojects
that are currently started. He stated in 2023 they will be working on the Coal
Creek Springs Transmission Main Replacement project, A Street L oop
project, and the Runway and Taxiway improvement and R A S Grading
project.
Council discussed working over the Coal Creek Spring, improvements on
4th Street, and the Academy Pump Station project.
C.E ngineering Design Standards (Gaub) (10 Minutes)
A ssistant Director S weeting provided Council with an overview of the 2023
E ngineering Design Standards update. He reviewed how the S tandards
are created, the Downtown S treet Trees Design S tandards, and the
sidewalk landscape strips.
Council discussed the timeframe for updates, responsibility for updates,
rocks in the landscaping strips, and tree grates.
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6899 (T homas) (10 Minutes)
A n Ordinance establishing the local sales and use tax rate for local revitalization
financing for 2023
Director T homas provided Council with an overview of Ordinance No. 6899
Page 2 of 4Page 24 of 69
which establishes the local sales and use tax rate for local revitalization
financing for 2023. S he explained how the fee is established and where the
funds are expended.
Council discussed how the percentage is calculated, and where the
P romenade is located.
B .Ordinance No. 6901 (Tate) (10 Minutes)
A n Ordinance for a site-specific rezone of one parcel from R-5, Residential Z one -
Five Dwelling Units per acre to I , I nstitutional
S enior Planner Reed provided Council with an overview of Ordinance No.
6901 regarding the Rezone for the Green River College. S he reviewed the
site, the current zoning and rezone approval criteria.
Council discussed the College's need to rezone.
C.Ordinance No. 6903 (Gaub) (5 Minutes)
A n Ordinance amending Chapter 2.94 of the A uburn City Code (A C C) related to the
City’s Transportation Advisory B oard
S enior Planner Malik provided Council with an overview of Ordinance No.
6903 which amends Chapter 2.94 of the A uburn City Code related to the
City's Transportation Advisory B oard. S he reviewed the history of the
Transportation Advisory B oard, the proposed changes, and the next steps.
D.Ordinance No. 6904 (Gaub) (5 Minutes)
A n Ordinance amending Chapter 12.12 of the Auburn City Code (A C C) relating to
P ublic S idewalk A reas to address A rtificial Turf
A ssistant Director S weeting provided Council with an overview of
Ordinance No. 6904 which amends Chapter 12.12 of the Auburn City
Code relating to public sidewalk areas to address artificial turf.
Council discussed the design standards for turf allowed.
E .Resolution No. 5698 (Thomas) (10 Minutes)
A Resolution authorizing the transfer of funds for the purpose of making loans from the
general fund and/or the cumulative reserve fund to funds sustained by grants, fees, or
tax credits between February 2023 and February 2026
Director T homas provided Council with an overview of Resolution No.
5698 regarding allowing a fund transfer for cashflow purposes.
The Council requested to be updated if a F und B alance Transfer is
necessary.
Page 3 of 4Page 25 of 69
V I .MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A .Ordinance No. 6889 (Martinson) (10 Minutes)
A n Ordinance amending S ection 2.03.020 of the Auburn City Code (A C C) related to
the salary and employment benefits for the City Mayor position
Director Martinson provided Council with an overview of Ordinance No.
6889 and Ordinance 6890 regarding salary and employment benefits for
the City Mayor position and employee leave. She reviewed the history of
the two Ordinances to date, and the staff recommendation for both
Ordinances. S he explained the changes to Ordinance 6890 will only be the
S tate Mandated benefits in the Code and the remaining benefits will be
kept in City P olicy.
B .Ordinance No. 6890 (Martinson) (10 Minutes)
A n Ordinance amending and repealing certain S ections within A rticles I I and I I I of
A uburn City Code (A C C) Chapter 2.63 related to vacation, leave and insurance
coverage for City employees, and adding new Sections to A C C Chapter 2.63 related
to employee leave
S ee Ordinance No. 6889.
Deputy Mayor updated the S pecial F ocus Area (S FA) Chairs.
V I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 7:30 p.m.
A P P R O V E D this 21st day of February, 2023.
____________________________ _______________________________
J A ME S J E YA R A J , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 26 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Voucher (Thomas)
Date:
February 14, 2023
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 February 21, 2023 which includes voucher number 471035 through
471175, in the amount of $2,798,322.62 and three wire transfers in the amount of
$614,422.88.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:February 21, 2023 Item Number:CA.E
Page 27 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
February 14, 2023
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 539468 through 539471 in the amount of $78,120.60, electronic
deposit transmissions in the amount of $2,603,408.97 for a grand total of $2,681,529.57 for
the period covering February 2, 2023 to February 15, 2023.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:February 21, 2023 Item Number:CA.F
Page 28 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6899 (Thomas)
Date:
February 6, 2023
Department:
Finance
Attachments:
Ordinance No. 6899 LRF Sales Tax
Budget Impact:
$250,000 per year for 25
years beginning in 2010
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6899.
Background for Motion:
Ordinance No. 6899 levies a 0.0157% sales tax credit against the state sales tax for
local revitalization financing.
Background Summary:
Ordinance No. 6899 levies a 0.0157% sales tax credit against the state sales tax for local
revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature
during the 2009 regular session. The intent of the legislation was to provide financial
assistance to cities to assist with financing public improvements in an identified revitalization
area to promote community and economic development.
The City first applied for the use of local revitalization financing on August 11, 2009 and the
Department of Revenue approved the City’s application on September 16, 2009, authorizing
up to $250,000 per year for the local revitalization program (Promenade capital
improvements).
In 2010, the City issued $7.24 million in bonds for the purpose of funding capital
improvements for the Promenade. In October 2020, the City refunded the remaining portion
of these bonds by issuing LTGO Bonds. The balance of the 2020 bonds at the end of 2022
was $3.69 million, and have a December 1, 2034 maturity date. Funds from REET2 funds,
combined with EDA grants and interest earnings, are used to pay the annual debt service
costs of the local revitalization project. The tax credit is available to the City for up to 25
years. 2022 will be the fourteenth year that the City has asked the State for the tax credit. As
provided by the state, in order for the City to continue receiving the tax credit, the City must
request this each year by ordinance.
Based upon historical taxable retail sales, the above rate of 0.0157% is estimated to generate
$250,000 for local revitalization funding during the State’s fiscal year, July 1, 2023 to June 30,
2024.
Rev iewed by Council Committees:
Page 29 of 69
Councilmember:Baldwin Staff:Thomas
Meeting Date:February 21, 2023 Item Number:ORD.A
Page 30 of 69
------------------------------
Ordinance No. 6899
February 2, 2023
Page 1 of 2
ORDINANCE NO. 6899
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ESTABLISHING
THE LOCAL SALES AND USE TAX RATE FOR
LOCAL REVITALIZATION FINANCING FOR 2023
WHEREAS, The City of Auburn (“City”) enacted Ordinance No. 6301 on
April 19, 2010, which established a local sales and use tax as provided for in
Section 39.14.510 of the Revised Code of Washington (“RCW”); and,
WHEREAS, this tax is imposed in order to pay the debt service on Local
Revitalization Financing bonds in accordance with Chapter 39.104 RCW; and,
WHEREAS, Chapter 39.104 RCW provides that the City shall, from time to
time, adjust the tax rate so that it is set at the rate reasonably necessary to receive
the state contribution over 10 months, in accordance with RCW 82.14.510(3); and
WHEREAS, the Local Sales and Use Tax Rate is set at a rate to generate
approximately $250,000 between July 1, 2023 through June 30, 2024, for Local
Revitalization Financing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The sales and use tax rate initially established in Section 3.2
of Ordinance No. 6301, and most recently amended by Ordinance No. 6 849, is
hereby amended to 0.0157%, effective July 1, 2023.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Page 31 of 69
------------------------------
Ordinance No. 6899
February 2, 2023
Page 2 of 2
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
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force
five days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Kendra Comeau, City Attorney
Published: _________________
Page 32 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6901 (Tate)
Date:
February 14, 2023
Department:
Community Development
Attachments:
Ordinance No. 6901
Exhibit A to Ordinance 6901 - Hearing Examiner
Decis ion
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Ordinance No. 6901.
Background for Motion:
Ordinance No. 6901 changes the zoning map designation of King County Parcel No.
0921059229 from R-5 Residential – Five Dwelling Units per Acre to I, Institutional, in
response to an application from Green River College.
Background Summary:
Staff presented Ordinance No. 6901 to City Council at the Study Session on February 13,
2023. City Council allowed the matter to move forward for council action.
Zoning map change (Rezone) of an approximately 1.71 acre / 74,488 square foot (sf)
developed parcel from “R-5, Residential Zone – Five Dwelling Units per Acre” to the “I,
Institutional zone” owned by Green River College.
On January 18, 2023 the Hearing Examiner held a public hearing, and on January 23, 2023
issued a written recommendation to City Council that the Green River College site-specific
rezone be adopted with one condition. No public comments were received during the public
comment period.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:February 21, 2023 Item Number:ORD.B
Page 33 of 69
- - - - - - - - - - - - - - - -
Ordinance No. 6901
February 2, 2023
Page 1 of 3
ORDINANCE NO. 6901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FOR A SITE SPECIFIC REZONE
OF ONE PARCEL FROM R-5, RESIDENTIAL ZONE - FIVE
DWELLING UNITS PER ACRE TO I, INSTITUTIONAL
WHEREAS, the property was annexed to the City of Auburn in 2007 under the Lea
Hill Annexation by Ordinance No. 6121 with a Comprehensive Plan designation
established “Institutional” at the time of annexation; and
WHEREAS, Ordinance No. 6121 established the zoning of t he property as R-5
Residential – Five Dwelling Units per Acre at the time of annexation; and
WHEREAS, Connor Davidge, of SSW Architecture, Applicant’s Representative, on
behalf of Green River College submitted a site-specific rezone application on November
18, 2022 for King County Parcel No. 0921059229; and
WHEREAS, the project is exempt from SEPA review in accordance with WAC 197 -
11-800(6)(c); and
WHEREAS, after proper notice published in the City’s official newspaper at least
ten (10) days prior to the date of public hearing, the City of Auburn Hearing Examiner
conducted a public hearing, heard public testimony, and took evidence and exhibits into
consideration; and
WHEREAS, on January 23, 2023 the City of Auburn Hearing Examiner
recommended approval of the site-specific rezone application with one condition, and
made and entered Findings of Fact and Conclusions of Law based thereon in support of
that recommendation, as set forth in the Findings of Fact, Conclusions of Law and
Recommendation of the Hearing Examiner attached hereto, marked as Exhibit “A” and
Page 34 of 69
- - - - - - - - - - - - - - - -
Ordinance No. 6901
February 2, 2023
Page 2 of 3
incorporated herein by this reference; and
WHEREAS, the City Council concurs with the Findings of Fact and Conclusions of
Law of the Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Hearing Examiner’s Findings of Fact and
Conclusions of Law. The City Council adopts the Findings of Fact and Conclusions of
Law based thereon, made and entered by the Hearing Examiner in support of the
recommendation to the City Council, as set forth in the “Findings of Fact, Conclusions of
Law and Recommendation for the Green River College Rezone, City File Number REZ22-
0001, dated January 23, 2023”, attached hereto, marked as Exhibit “A”.
Section 2. Approval. The City Council adopts and approves the request to
change the zoning of King County Parcel No. 0921059229 from R-5, Residential – Five
Dwelling Units per Acre to I, Institutional.
Section 3. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 5. Recordation. Upon the passage, approval and publication of this
Page 35 of 69
- - - - - - - - - - - - - - - -
Ordinance No. 6901
February 2, 2023
Page 3 of 3
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor’s Division.
Section 6. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7. Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval, and publication, as provided by law.
INTRODUCED: ________________________
PASSED: _____________________________
APPROVED: __________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ___________________
Page 36 of 69
Rezone p. 1 Findings, Conclusions and Recommendation
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Green River College
Rezone
REZ22-0001
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION.
INTRODUCTION
Green River College has requested a rezone to reclassify approximately 1.71 acres
from R-5 (Residential 5 dwelling units per acre) to I (Institutional) at 31715 124th
Avenue. As discussed in the Conclusions of Law below, the City Council is arguably
legally mandated to approve the rezone because the proposed I zoning district is the
only appropriate implementing zone of the underlying Institutional comprehensive
plan map designation. Beyond that, the rezone serves public health, safety and
welfare by enhancing the ability of Green River College to provide educational
services at nominal or no adverse impact to the surrounding community. The rezone
site is currently occupied by a vacated 5,950 square foot daycare center. The College
intends to convert the use of that building to administrative support services and
continuing education for its instructors.
ORAL TESTIMONY
Diana Reed, Auburn City Planner, summarized the staff report. The hearing
examiner inquired about worst case uses such as sports fields authorized by the
rezone should the rezone be approved. Ms. Reed acknowledged that uses such as
sports fields could be authorized without a conditional use permit if the rezone were
approved, but emphasized that the Applicant has permit applications on file to just
use the property for administrative support and instructor continuing education.
Jeff Dixon, planning services manager, noted that the project site is only 1.7 acres in
size, so that limits the type of uses that could be conceivably added to the site. The
site is also surrounded to the north and west by a city park that has sports fields,
recreational equipment and picnic areas.
Page 37 of 69
Rezone p. 2 Findings, Conclusions and Recommendation
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Steve Starling, on behalf of GRC, in response to examiner questions noted that the
existing daycare building has been vacant for more than two years.
EXHIBITS
Exhibits 1-5 listed at page 7 of the January 4, 2023 staff report were admitted into the
record during the January 18, 2023 public hearing. The staff’s PowerPoint
presentation was admitted as Exhibit 6 after close of the hearing upon agreement of
all hearing participants (City and Applicant).
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant on behalf of Green River College is Connor
Davidge, Architectural Designer, SSW Architects, 901 Fifth Avenue, Ste. 3100,
Seattle, WA 98164.
2. Hearing. The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at Auburn City Hall in the Council Chambers on January 18, 2023.
Substantive:
3. Site/Proposal Description. Green River College (GRC) has requested a
rezone to reclassify approximately 1.71 acres from R-5 (Residential 5 dwelling units
per acre) to I (Institutional) at 31715 124th Avenue. The project site has an existing
5,950 square foot wood frame building constructed in 1998. The subject property
is rectangular in shape, approximately 264 ft. in width (east to west) and 280 ft. in
length (north to south). It is relatively flat and has no critical areas.
GRC seeks to change the use of the rezone site from a daycare to office space for
Human Resources staff and to continuing education space for the professors and
instructors of GRC. The facility is not intended to be used as classrooms for students
attending GRC. The rezone will allow a “college/university/public use” in the
existing facility. Other uses allowed within the I (Institutional) zoning district that
could potentially be proposed are included in ACC 18.35.030 Table of Uses.
However, GRC has already submitted an Administrative Use permit application
(ADM22-0003) to change the use of the existing building into the intended offices
and faculty continuing education facility.
Access is from two points to the east of the building, both off 124th Avenue SE. The
frontage is improved with a sidewalk leading to a large parking area served by GRC
on the parcel directly south that contains the Trades & Technology buildings for the
campus. The subject site shows 19 parking spaces with two ADA compliant spaces.
Page 38 of 69
Rezone p. 3 Findings, Conclusions and Recommendation
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4. Characteristics of the Area. The subject property is located directly north
of the Green River College Trades & Technology building and the central campus,
east and south of a city park, and west of a single-family residential neighborhood
5. Adverse Impacts. No adverse impacts are anticipated from the proposal.
The intended change in use is limited to college administrative staff and instructors.
This type of use in such a small building will likely not make any material difference
in terms of impacts to neighbors than the previous daycare use, although that use has
been vacated for more than two years.
It must be recognized that approval of the rezone without conditions does not bind
GRC to its anticipated administrative/continuing education use. GRC would have the
legal right at any point in the future to add any use authorized in the Institutional
zoning district, such as scholastic sports fields, none of which apparently requires a
conditional use permit. However, as pointed out by Mr. Dixon, the project site is
only 1.7 acres in size and is bounded to the north and west by a city park and to the
south by the Green River College Trades & Technology Building. Any “worst-case”
uses authorized in the I district for such a small parcel would likely be very limited in
intensity. The only residences that could be affected by use of the project site are
residences located across 124 Ave SE, which appears to be a four-lane road. The
project site also has no critical (environmentally sensitive) areas. For all these
reasons, the proposed rezone is not found to create any significant adverse impacts to
the surrounding community or to the environment.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.68.030(A)(1) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone
requests to the City Council.
Substantive:
2. Zoning Designation. The property is currently zoned R-5 Residential.
3. Case Law Review Criteria and Application. As with many local
jurisdictions, the Auburn City Code does not include any criteria for rezone
applications. Washington appellate courts have imposed some rezone criteria. Those
courts require that the proponents of a rezone establish that conditions have
substantially changed since the original zoning and that the rezone must bear a
substantial relationship to the public health, safety, morals or welfare. See Ahmann-
Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the
Page 39 of 69
Rezone p. 4 Findings, Conclusions and Recommendation
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Comprehensive Plan, a showing that a change of circumstances has occurred is not
required. Id. at 112.
No change of circumstances is required for approval of the rezone because the rezone
implements the comprehensive plan. The current comprehensive plan map
designation for the subject parcel is Institutional. The only appropriate implementing
zone for the Institutional comprehensive plan designation is the I zone1. Given that
RCW 36.70A.120 requires the City to “…perform its activities…in conformity with
its comprehensive plan…,” the City Council is arguably legally mandated to approve
the rezone.
The public health, safety and welfare criterion is easily met. As determined in
Finding of Fact No. 5, the proposal will not create any significant adverse impacts.
The proposal also furthers public health, safety and welfare by implementing the
following comprehensive plan policies as outlined in the staff report:
• LU-89: The primary purpose of this designation is to address public needs while
taking advantages of synergies with the adjacent areas where they are sited.
Staff Analysis: The proposed rezone which allows the future change of use of the
subject property supports this policy by enhancing the level of expertise of
professors and instructors at Green River College by providing a Teaching and
Learning center for them. The use will make an existing building a better
resource for Green River College.
• LU-90: Innovative strategies to integrate the uses and sites into the areas where
they are sited is encouraged. These strategies should maximize use of the site
while minimizing fiscal impacts to adjacent areas.
Staff Analysis: The proposed rezone which allows the proposed change of use
supports this policy. The existing building is proposed to have interior renovations
and exterior landscaping upgrades. In addition, a walking path from the existing
building is proposed to create a more walkable environment to the campus on
the parcels to the south. The impacts to adjacent areas are expected to be less
than the former use of a daycare center with numerous drop-offs.
RECOMMENDATION
The Hearing Examiner recommends approval of REZ22-0001 subject to the
following staff recommended condition:
1 The City’s comprehensive plan, p. LU-14, identifies the implementing zone for the I
comprehensive plan map designation as I and “Landing Field.” The 1.7-acre parcel
cannot be reasonably used for any authorized “Landing Field” use as that zoning
designation is limited to the City’s municipal airport and surrounding areas.
Page 40 of 69
Rezone p. 5 Findings, Conclusions and Recommendation
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The application submitted under ADM22-0003 for an administrative use permit
to authorize the change of use to the existing building on the subject parcel may
only be issued after the end of the appeal period for rezone, REZ22-0001.
Dated this 23rd2 day of January, 2023.
________________________________
Phil Olbrechts,
City of Auburn Hearing Examiner
2 This recommendation was originally issued on January 18, 2023. However, after
issuance the parties agreed upon admission of Exhibit 6 and this recommendation was
then revised to reflect that addition in addition to some other minor grammatical
revisions.
Page 41 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6903 (Gaub)
Date:
February 15, 2023
Department:
Public Works
Attachments:
Ordinance No. 6903
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6903, amending Chapter 2.94 of the Auburn
City Code relating to the Auburn Transportation Advisory Board.
Background for Motion:
The purpose of the amendment is to update this code section to match current procedures
and practices and to ensure full representation the community, in its diversity, consistent with
the City’s Diversity, Equity, and Inclusion (DEI) goals.
Background Summary:
Ordinance No. 6903 amends Chapter 2.94 of Auburn City Code, relating to the Auburn
Transportation Advisory Board (TAB). This City code was last updated in 2015 and since
then, some code sections have become outdated and require updating to match current
procedures and practices. Additionally, language is being proposed to ensure full
representation of the community, in its diversity, consistent with the City’s Diversity, Equity,
and Inclusion (DEI) goals.
The code amendments proposed with Ordinance 6903 were presented and discussed with
the City Council during the February 13, 2023 City Council Study Session.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:February 21, 2023 Item Number:ORD.C
Page 42 of 69
--------------------------------
Ordinance No. 6903
February 15, 2023
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6903
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 2.94 OF
THE AUBURN CITY CODE RELATED TO THE CITY’S
TRANSPORTATION ADVISORY BOARD
WHEREAS, among its other functions, the City’s Public Works Department
evaluates and addresses transportation-related issues within the City;
WHEREAS, to assist the Department and City staff with this function, the City
has enacted Chapter 2.94 of the Auburn City Code (ACC);
WHEREAS, this Code chapter creates a City Transportation Advisory Board
(TAB) to advise the mayor, city council, and city staff regarding public transportation
issues within the City, and establishes the appointment and composition of TAB
membership, the general operations of the TAB, and the role of the TAB within the City;
WHEREAS, a review of ACC 2.94 reveals that language within the Chapter should
be amended: (1) to ensure a full representation of the Auburn community on the TAB; (2)
to promote the City’s diversity, equity and inclusion (DEI) goals in TAB role and
membership; (3) to clarify the TAB’s role in transportation issues affecting the City; and
(4) to generally update the Chapter’s language for clarity and precision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment of City Code. Chapter 2.94 of the Auburn City Code
is hereby amended to read as set forth in Exhibit A to this Ordinance.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 43 of 69
--------------------------------
Ordinance No. 6903
February 15, 2023
Page 2 of 2 Rev. 2019
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 44 of 69
EXHIBIT A—ORD. 6903
2.94.030 Appointment.
Membership on the board is intended to represent diverse community interests and
backgrounds a broad cross section of the community. The board shall consist of 15
mMembers and shall be comprised of:
A. One representative from the Auburn school district.
B. One representative from Green River College.
C. One representative from the Auburn Area Chamber of Commerce.
D. One representative from the Auburn Downtown AssociationDowntown Auburn
Cooperative.
E. One representative from the Muckleshoot Indian Tribe.
F. One high School student representative.
G. Minimum of one, but no more than two, representatives of each of the following:
- Local business(s)
- Cyclists
- Senior (55+) residents
- Persons living with disabilities
- Transit users
H. Minimum of one, but no more than three, other transportation users who reside
within the City of Auburn.
F. Two local business representatives.
G. One bicycling community representative.
H. One high school student representative.
I. One senior citizen representative.
J. Three citizens at large selected to maximize geographical representation.
K. One Americans with Disabilities Act (ADA) accessibility advocacy group
representative.
L. One transit users group representative.
Page 45 of 69
Organization and school representatives shall be initially recommended to the mayor by
the organizations and school district; provided, that a high school student representative
does not need to be recommended by the school district and may apply on their own.
In its application process, the City will seek to achieve diverse Board representation to
reflect the diversity of the Auburn community.
2.94.050 Officers – Meetings.
A. ABiannually, the board members shall elect a chairperson and vice -chairperson
from among the members of the board who shall serve for twoa one-year terms. The
board shall meet at least one time per quarter and as needed to perform the duties of
the board and to fulfill the role of being an advisory body to the city council.
B. It shall be the duty of the chairperson to preside over all meetings of the board. The
vice-chairperson shall preside at all meetings where the chairperson is absent. Minutes
shall be kept and meeting agendas prepared in coordination between members of the
board and staff members. A majority of the members of the committee shall constitute a
quorum for the transaction of business, and a majority vote of those present shall be
necessary to make recommendation motions to the city council.
C. All board meetings shall be staffed by the community development and public works
department.
D. All board meetings shall be conducted in accordance with Robert’s Rules of Order
or any other meeting procedures or guidelines authorized by the city of Auburn.
2.94.060 Role of the board.
The board is a community advisory-only body that serves as the community’s voice and
reviews, discusses and advises on transportation-related projects and programs as
requested by the mayor, city council and/or city staff. The board shall may provide input
in the following key areas:
A. Review and advise the mayor and city council on the city’s six-year Ttransportation
Iimprovement Pprogram (TIP).
B. Review and advise the mayor and city council on short-term and long-term
strategies and approaches for prioritization and funding for street maintenance and
preservation.the ADA Transition Plan for Facilities in the Public ROW.
C. Review and advise the mayor and city council on updates to the city’s
Ccomprehensive Ttransportation Pplan.
Page 46 of 69
D. Review and advise the mayor, community development and public works director
and city engineer on program approaches and funding options and alternatives for the
city’s local Save Our Streets (SOS) program.
E. Review and advise the mayor, community development and public works director,
city engineer and the assistant director for maintenance and operations on program
approaches and funding options and alternatives for the city’s arterial streets
preservation program.
F. Review and advise the community development and public works director and city
engineer on the city’s functional street classification system.
G. Review and advise the mayor and city council on planning, funding and
implementation efforts and programs for increased walkability throughout the city.
HD. Review and advise the mayor, and city council, and city staff on public transit
issues affecting the city.
IE. Review and advise the mayor, city council and city staff on transportation issues
affecting all people, including persons with disabilities, the aging community and
elementary, middle and high school students underserved and under-represented
communities.
JF. Review and advise and city staff on transportation issues affecting non-motorized
road users. in the development, implementation and ongoing monitoring and updating of
a citywide pedestrian and bicycle master plan.
KG. Assist city staff, mayor and city council in promoting public awareness and
education on a broad range of transportation issues.
LH. Represent the Transportation user group that they were appointed to represent by
providing input that reflects the concerns, visions, and ideas of each group and gather
input from other users within the group to share with the board. Act as ambassadors to
residents and businesses on transportation-related issues and opportunities.
2.94.080 Annual reports of progress.
The board chairperson and/or vice-chairperson shall annuallyAn annual report shall be
provided to the city council a report on progress made in carrying out the board’s
responsibilities. Additional reports may be submitted when deemed appropriate by the
board or when requested by the city council.
Page 47 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6904 (Gaub)
Date:
February 15, 2023
Department:
Public Works
Attachments:
Ordinance No. 6904
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6904.
Background for Motion:
This ordinance amends the City Code to address maintenance responsibilities associated
with allowing artificial turf to be placed in landscape strips.
Background Summary:
Chapter 12.12 of the Auburn City Code provides for improvement and maintenance
responsibilities related to sidewalk areas along either side of any street. Sidewalk areas
include the landscaped areas that, in many cases, lie between the curb and the sidewalk, and
are referred to as landscape strips. The current provisions of Chapter 12.12 ACC do not
address artificial turf within landscape strips.
Ordinance 6904 includes revisions to Chapter 12.12 ACC to address maintenance, repair,
and replacement responsibilities associated with artificial turf and was discussed at the
February 13, 2023 Council Study Session.
Upcoming revisions to the Engineering Design Standards to remove the prohibition of artificial
turf were also discussed with the City Council at the February 13, 2023 Council Study
Session. The revised Engineering Design Standards that will take effect after this code
amendment is completed will include standards that address aesthetics, permeability, quality,
environmental, and other requirements for artificial turf placed in landscape strips.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:February 21, 2023 Item Number:ORD.D
Page 48 of 69
Page 49 of 69
Ordinance No. 6904
January 30, 2023
Page 1
ORDINANCE NO. 6904
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING CHAPTER 12.12 OF
THE CITY CODE RELATING TO PUBLIC SIDEWALK
AREAS TO ADDRESS ARTIFICIAL TURF
WHEREAS, Chapter 12.12 of the Auburn City Code provides for improvement and
maintenance responsibilities related to the area of the sidewalk along either side of any
street within the City, including landscape strips; and
WHEREAS, the current provisions of Chapter 12.12 ACC do not address artificial
turf within landscape strips; and
WHEREAS, revisions of Chapter 12.12 ACC to address maintenance, repair, and
replacement responsibilities are necessary to address artificial turf.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 12.12 of the Auburn City Code
is amended to read as shown on Exhibit A.
Section 2. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Page 50 of 69
Ordinance No. 6904
January 30, 2023
Page 2
Section 4. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
INTRODUCED: ________________________
PASSED: _____________________________
APPROVED: __________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST:
________________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
________________________________
Kendra Comeau, City Attorney
Published: _______________________
Page 51 of 69
Ordinance 6904 Exhibit A
Chapter 12.12
PUBLIC SIDEWALKS
12.12.232 Maintenance responsibility.
The maintenance of the area of the sidewalk along either side of any street shall be the duty, burden and
expense of the abutting property owner. Maintenance shall include removal of debris, moss, snow and ice,
cleaning of sidewalks, maintenance of vegetation, including but not limited to maintenance of vegetation
consistent with sight distance and vegetation clearances in accordance with any other city code, and
maintaining barriers or fences along the sidewalk where the sidewalk is elevated more than two feet above the
abutting property. Artificial turf in the sidewalk, as defined by ACC 12.02.020(B), shall be the responsibility
of the abutting property owner to maintain. Artificial turf shall be maintained in a condition free of holes, tears,
bulging, rippling and rough edges. (Ord. 6672 § 1, 2018.)
12.12.234 Repair and replacement responsibility.
The repair and/or replacement of sidewalk including the repair and/or replacement of artificial turf, as defined
by this sectionChapter 12.12 ACC, shall be the responsibility of the abutting property owner unless determined
otherwise by the city engineer. If a property owner believes the damaged sidewalk and/or sidewalk needing
replacement is/are the city’s or someone else’s responsibility, the property owner must notify the city engineer
in writing with sufficient documentation of the cause of the damage and justification of why the repair and/or
replacement should not be considered the responsibility of the abutting property owner.
Damage caused to the sidewalk by vegetation located on private property, lack of regular maintenance by the
abutting property owner, or damage that is in any way caused by the abutting property owner shall be the
responsibility of the private property owner to repair subject to Chapter 12.66 ACC. (Ord. 6672 § 1, 2018.)
Unless an emergency situation exists as determined by the City, the City or other permitted entity will seek to
provide notice to the abutting property owner prior to conducting work that may impact the artificial turf a
minimum of 3 business days in advance of the work and request that the property owner remove, at their own
expense, the artificial turf prior to the commencement of the work. If the property owner does not remove the
artificial turf within the timeframe requested, the City or other permitted entity may remove the artificial turf
and place it on the abutting property. The City or other permitted entity conducting the work is not responsible
for damage to the artificial turf and is not responsible for resetting the turf. The abutting property owner shall
reset the removed artificial turf or restore the impacted sidewalk area per City Engineering Design Standards
within 3 business days of receiving notice of the completion of any work performed in the landscape strip.
Page 52 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5698 (Thomas)
Date:
February 6, 2023
Department:
Finance
Attachments:
Res olution No. 5698
Budget Impact:
Administrativ e Recommendation:
City Council to Approve Resolution No. 5698.
Background for Motion:
Resolution No. 5698 authorizes the transfer of funds for the purpose of making loans as
necessary to funds sustained by grants, fees, or tax credits between February 2023 and
February 2026.
Background Summary:
City financial management policies, which are approved as part of the Biennial Budget,
provide for issuance of interfund loans with approval from Council. Interfund loans provide
operational flexibility to cover authorized expenditures, such as when the City is awaiting
reimbursement of expenses from a grant.
Council approval of Resolution No. 5698 will authorize the City’s Finance Department to
prepare an interfund loan, if and when it may be needed. Many of the City's funds are solely
supported by grants, fees, or tax credits and sometimes there is a delay in getting costs
reimbursed timely. In the event a fund needs additional cash flow, due to the timing of
reimbursements, this resolution will allow the Finance Department to initiate an unbudgeted
transfer from the General Fund and/or the Cumulative Reserve Fund to the fund requiring
temporary cash flow support. These transfers will only be allowed in the event:
1. The fund requiring funding is supported by grants, fees, or tax credits and is awaiting
reimbursement from these funding sources; and
2. The authority is limited to $2.5 million per fund.
3. The transferred money will be immediately returned to the General Fund and/or Cumulative
Reserve fund once the reimbursement has been received.
Council authorization is requested to enable the aforementioned flexibility in managing the
City’s short-term funding needs. This resolution is an extension of Resolution 5498 which
expires February 2023. Like the previous legislation, this resolution is effective for 3 years
Page 53 of 69
through February 2026, at which time its authority will lapse.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:February 21, 2023 Item Number:RES.A
Page 54 of 69
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Resolution No. 5698
January 17, 2023
Page 1 of 3
RESOLUTION NO. 5698
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF
FUNDS FOR THE PURPOSE OF MAKING LOANS FROM THE
GENERAL FUND AND/OR THE CUMULATIVE RESERVE FUND
TO FUNDS SUSTAINED BY GRANTS, FEES, OR TAX CREDITS
BETWEEN FEBRUARY 2023 AND FEBRUARY 2026
WHEREAS, there may be insufficient funds available from time to time
during the period February 2023 to February 2026 in a fund or funds supported
by grants, fees, and/or tax credits to cover authorized expenditures prior to
reimbursement from federal, state and local grant monies, which have been
approved for allocation to the City and for which contracts have been executed ,
or the collection of user fees, or the receipt of tax credits f rom the State of
Washington; and
WHEREAS, the General Fund and/or the Cumulative Reserve Fund
contain sufficient funds for the transfer funds in an amount not to exceed
TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
($2,500,000.00) for the purpose of making loans to cover authorized
expenditures in funds sustained by grants, fees, or tax credits; and
WHEREAS, in the event a loan is made from the General Fund (Fund
No. 001) and/or the Cumulative Reserve Fund (Fund No. 122) to a fund
sustained by a grant, fee or tax credits, the loan shall be interest free.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES AS FOLLOWS:
Page 55 of 69
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Resolution No. 5698
January 17, 2023
Page 2 of 3
Section 1. Purpose. During the time period February 2023 to
February 2026, the Finance Director is authorized to transfer f unds from the
General Fund and/or the Cumulative Reserve fund to a fund sustained by
grants, fees, or tax credits, for the purpose of making an interest free loan to the
fund when there are insufficient funds available in the fund to cover authorized
expenditures while the City waits for federal, state and local grant monies which
have been approved for allocation to the City and for which contracts have been
executed, or for the collection of user fees, or for the receipt of tax credits. Any
transfer of funds for this purpose shall be in an amount not to exceed TWO
MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
($2,500,000.00) per fund per year.
Section 2. Implementation. The Mayor is authorized to implement
those administrative procedures as may be necessary to carry out the
directions of this legislation.
Page 56 of 69
------------------------------
Resolution No. 5698
January 17, 2023
Page 3 of 3
Section 3. Effective date. This Resolution will take effect and be in full force
on passage and signatures.
Dated and Signed: ___________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 57 of 69
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5702 (Thomas)
Date:
February 10, 2023
Department:
Finance
Attachments:
Res olution No. 5702
Exhibit A Res 5702 KC WWR & recycling Grant
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5702.
Background for Motion:
Resolution No. 5702 is for a $75,861.00 grant from King County for the City's 2023-2024
Waste Reduction & Recycling Grant Program.
Background Summary:
King County requests to enter into an interlocal agreement with the City of Auburn for the
2023-2024 Waste Reduction and Recycling (WRR) Grant Program. King County has
appropriated $75,861.00 for the City to promote waste reduction and recycling to
businesses, residents, and schools.
The grant funding will be used to support the following: Community Yard Sale, classroom
presentations, milk dispenser pilot programs in Auburn schools, outreach at City-sponsored
events, recycling collection events, and outreach related to the 2022 Organics Management
Law.
This WRR Grant provides a 25% match to Department of Ecology’s Solid Waste Financial
Assistance Grant.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:February 21, 2023 Item Number:RES.B
Page 58 of 69
--------------------------------
Resolution No. 5702
December 13, 2022
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY TO IMPLEMENT THE 2023-
2024 WASTE REDUCTION AND RECYCLING GRANT
PROGRAM AND TO ACCEPT AND EXPEND PROGRAM
GRANT FUNDS
WHEREAS, King County and the City of Auburn have adopted the King County
Solid Waste Management Plan, which includes recycling and waste reduction goals; and
WHEREAS, in order to help meet these goals, the King County Solid Waste
Division has established a Waste Reduction and Recycling Grant Program for the
suburban cities; and
WHEREAS, this program provides funding to further the development of local
waste reduction and recycling for Auburn businesses and residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and King County for the 2023-2024 Waste Reduction and Recycling Grant Program which
agreement will be in substantial conformity with the agreement attached as Exhibit A, and
to accept and expend, within budgeted amounts, program grant funds in the amount of
$75,861.00.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Page 59 of 69
--------------------------------
Resolution No. 5702
December 13, 2022
Page 2 of 2 Rev. 2018
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2023.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 60 of 69
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CPA #
INTERAGENCY AGREEMENT FOR 2023 and 2024
Between
KING COUNTY and the CITY OF AUBURN
This two-year Interagency Agreement “Agreement” is executed between King County, a Charter County
and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the
County and City will be referred to as “Party” or “Parties.”
PREAMBLE
King County and the City of Auburn adopted the 2019 King County Comprehensive Solid Waste
Management Plan (Comp Plan), which includes waste reduction and recycling goals. In order to help
meet these goals, the King County Solid Waste Division has established a waste reduction and recycling
grant program for the cities that operate under the Comp Plan. This program provides funding to further
the development and/or enhancement of local waste reduction and recycling projects and for broader
resource conservation projects that integrate with waste reduction and recycling programs and services.
This grant program does not fund household hazardous waste collection activities. Program eligibility
and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as
Exhibit B and incorporated herein by reference. Grant funding for this program is subject to the budget
approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the Comp Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in
the scope of work, which is attached hereto as Exhibit A and incorporated herein by reference. The
County expects that any information and/or experience gained through the grant program by the City will
be shared with the County and other King County cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
City by the County for waste reduction and recycling programs and/or services as outlined in the scope of
work and budget attached as Exhibit A.
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II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the Parties to this Agreement shall be as follows:
A. The City
1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant in 2023 and 2024 shall not exceed $75,861.00.
2. This Agreement provides for distribution of 2023 and 2024 grant funds to the City. However,
grant funds are not available until January 1, 2023.
3. During this two-year grant program, the City will submit a minimum of two (2), but no more than
eight (8), progress reports to the County in a form determined by the County. Reports must be
signed by a City official. These reports will include:
a. a description of each activity accomplished pertaining to the scope of work; and
b. reimbursement requests with both a Budget Summary Report Form, which is attached
hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form,
which is attached hereto as Exhibit E and incorporated herein by reference, unless the City
has a spreadsheet similar to the Expense Summary Form already in use, in which case the
City is free to use that spreadsheet instead of the Expense Summary Form. The City will
submit the form or similar spreadsheet and not submit backup documentation for grant
expenses. If backup documentation is submitted, SWD will not retain it. The City shall
maintain this documentation in its records.
If the City chooses to submit up to the maximum of eight (8) progress reports and requests for
reimbursement during the two-year grant program, they shall be due to the County on the last day
of the month following the end of each quarter (April 30, July 31, October 31, January 31), except
for the final progress report and request for reimbursement, which shall be due by March 21,
2025.
If the City chooses to submit the minimum of two progress reports and requests for
reimbursement during the two-year grant program, they shall be due to the County by March 15,
2024 and March 21, 2025.
Regardless of the number of progress reports the City chooses to submit, in order to secure
reimbursement, the City must provide in writing to the County by the 5 th working day of January
2024 and January 2025, the dollar amount of outstanding expenditures for which the City has not
yet submitted a reimbursement request.
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4. If the City accepts funding through this grant program for the provision of waste reduction and
recycling programs and projects for other incorporated areas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
5. The City shall be responsible for following all applicable Federal, state, and local laws,
ordinances, rules, and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting
process.
6. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
7. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
8. The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
9. The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper
accounting for all project funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless
permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the
County and/or by federal or state officials as so authorized by law.
10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2025.
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11. The City agrees to credit King County on all printed materials provided by the County, which the
City is duplicating, for distribution. Either King County’s name and logo must appear on King
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
King County for artwork or text provided by the County as follows: “artwork provided courtesy
of King County Solid Waste Division” and/or “text provided courtesy of King County Solid
Waste Division.”
12. The City agrees to submit to the County copies of all written materials which it produces and/or
duplicates for local waste reduction and recycling projects which have been funded through the
waste reduction and recycling grant program. Upon request, the City agrees to provide the
County with a reproducible copy of any such written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the materials.
13. The City will provide the King County Project Manager with the date and location of each
Recycling Collection Event provided by the City, as well as copies of any printed materials used
to publicize each event, as soon as they are available but no later than thirty (30) days prior to the
event. If there is any change in the date or the location of an event, the City will notify the
County a minimum of thirty (30) days prior to the event. If the event brochure is required for
admission to the City’s event, the City is exempt from having to provide the brochure to King
County.
14. If the City accepts funding through this grant program for the provision of recycling collection
events for adjacent areas of unincorporated King County, the City shall send announcements of
the events to all residences listed in the agreed upon areas listed in Exhibit A. The
announcements and all other printed materials related to these events shall acknowledge King
County as the funding source.
15. This project shall be administered by Joan Nelson, Utility Services Billing Manager, or designee.
B. The County:
1. The County shall administer funding for the waste reduction and recycling grant program.
Funding is designated by the city and is subject to the King County Council’s budget approval
process. Provided that the funds are allocated through the King County Council’s budget
approval process, grant funding to the City will include a base allocation of $10,000 per year with
the balance of funds to be allocated according to the City's percentage of King County's
residential and employment population. However, if this population based allocation formula
calculation would result in a city receiving less than $10,000 per year, that city shall receive an
additional allocation that would raise their total grant funding to $10,000 per year.
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2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City’s
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation
of expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
3. The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. Either the City’s name and logo will appear on
such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit
the City for artwork or text provided by the City as follows: “artwork provided courtesy of the
City of Auburn and/or “text provided courtesy of the City of Auburn.”
4. The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing, the County will encourage other cities to credit the City on any pieces that
were produced by the City.
5. The waste reduction and recycling grant program shall be administered by Lucy Auster, Project
Manager, King County Solid Waste Division, or designee.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2023 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2023, and shall terminate on
June 30, 2025. The City shall not incur any new charges after December 31, 2024. However, if
execution by either Party does not occur until after January 1, 2023, this Agreement allows for
disbursement of grant funds to the City for County-approved programs initiated between January 1, 2023
and the later execution of the Agreement provided that the City complies with the reporting requirements
of Section II.A of the Agreement.
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IV. TERMINATION
A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice.
B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section
II.A.4.
C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to provide further services
pursuant to this Agreement.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or
law that either Party may have in the event that the obligations, terms and conditions set forth in this
Agreement are breached by the other Party.
V. AMENDMENTS
This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted King
County Comprehensive Solid Waste Management Plan. Amendments will only be approved if the
proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within
the activities described in the scope. Funds may be moved between tasks in the scope of work, attached
as Exhibit A, upon written notification by the City to King County.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all
claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against the County arising out of or incident to the City’s execution of, performance of, or failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
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VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate
limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole
responsibility of the City. Such insurance shall cover the County, its officers, officials, employees,
and agents as additional insureds against liability arising out of activities performed by or on behalf
of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured
endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of
the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of
current membership is attached to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
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XI. NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Lucy Auster, Project Manager, or a provided designee
King County Solid Waste Division
Department of Natural Resources and Parks
Lucy.auster@kingcounty.gov
If to the City:
Joan Nelson, Utility Billing Services Manager, or a provided designee
City of Auburn
25 West Main Street
Auburn, WA 98001
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City of Auburn King County
______________________________________ BY___________________________________
Nancy Backus, Mayor Pat D. McLaughlin, Director
City of Auburn Solid Waste Division
For Dow Constantine, King County Executive
______________________________________ _____________________________________
Date Date
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