HomeMy WebLinkAbout11-12-2013 MUNICIPAL SERVICES COMMITTEE AGENDA PACKET
Municipal Services Committee
November 12, 2013 - 3:30 PM
City Hall Conference Room 3
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. October 28, 2013 Minutes*
III.ACTION
A. Airport Management Contract* (Coleman)
IV.DISCUSSION ITEMS
A. Ordinance No. 6475* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, Establishing the Levy
for Regular Property Taxes by the City of Auburn for Collection in 2014 for General City
Operational Purposes in the amount of $15,792,046.00.
B. Ordinance No. 6481* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance
No. 6432, the 2013-2014 Biennial Budget Ordinance, as amended by Ordinance No. 6456,
Ordinance No. 6462, Ordinance No. 6472, and Ordinance No. 6473, authorizing
amendment to the City of Auburn 2013-2014 Budget as set forth in Schedule "A" and
Schedule "B".
C. Ordinance 6465* (Faber)
Within the approved Policies and Procedures Manual, numerous items reflect regulations
that affect the "rights and obligations" of the public. It is recommended that these portions
be moved into the Auburn City Code. By codifying the "rights and obligations" of the public,
both police enforcement and park signage will be improved and provide for a consistent
message to the public.
D. Medicare Advantage for LEOFF 1 Retirees (Heineman)
E. Project Matrix*
V.ADJOURNMENT
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.
*Denotes attachments included in the agenda packet.
Page 1 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 28, 2013 Minutes
Date:
November 4, 2013
Department:
Police
Attachments:
October 28, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:November 12, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 59
Municipal Services Committee
October 28, 2013 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room
3 of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and
Member John Partridge.
Staff present: Mayor Pete Lewis, Assistant Chief of Police Bill
Pierson, Finance Director Shelley Coleman, City Attorney Dan Heid,
Public Works Director Dennis Dowdy, Innovation and Technology
Director Ron Tiedeman, Parks, Arts & Recreation Director Daryl
Faber, Auburn Municipal Airport Manager Jamelle Garcia and Police
Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter
representative Robert Whale.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. October 14, 2013 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. DISCUSSION ITEMS
A. Red Light Photo Enforcement (Lee)
Assistant Chief of Police Chief, Bill Pierson, reviewed the 3rd quarter
PhotoSafe Report for 2013. The primary goal of the program, which
was launched in June of 2006, is to improve traffic safety through the
reduction of red light violations and associated collisions, and to
reduce speeding through designated school zones. The total for red
light violations shows a minimal increase in 2013 versus the same
quarter in 2012. The total for red light violations versus infractions
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CA.A Page 3 of 59
issued (incident resulting in a ticket being issued) remained steady
from this same period in 2012. For school zone speed enforcement,
the numbers continue to decrease overall. The report also provides
information related to collision data at (3) intersections: M Street SE &
Auburn Way S; 4th Street SE & Auburn Way S; and 8th Street NE &
Harvey Road NE. Councilmember Partridge expressed his concern
for the 4th St SE/AWS intersection and it was noted that this is an
item being addressed on the Public Works Project Matrix. The
financial performance of the Redflex Program was also reviewed.
Committee discussion followed.
B. Cemetery Financial Review (Coleman)
Finance Director, Shelley Coleman, reported on the financial status for
the Cemetery. The Cemetery ended the period with operating income
of $60,489.00 compared to an operating loss of $125,093.00 for the
previous year. This reflects an increase in operating revenue and a
decrease in salaries/benefits expenditures. This is attributed to code
changes made at the beginning of 2013 and a reduction in staff, as
well. The number of interments decreased slightly from the same
quarter in 2012. Committee discussion followed.
C. Auburn Golf Course Financial Review (Coleman)
Shelley Coleman, Finance Director provided a financial review of the
Auburn Golf Course (GC). The GC ended the 3rd quarter of 2013
with an operating loss of $76,152.00 compared to an operating loss of
$112,443.00 for the same period in 2012. This reflects an
improvement in the year-to-date rounds played at the GC.
Councilmember Partridge inquired about whether or not the
'Restaurant' revenue amount is included in the banquet room.
Director Coleman advised that the revenue is included in the
restaurant total. Additionally, Chair Peloza shared that the new
technology components are now installed and operational in the
banquet room which will be great for future events. Parks, Arts &
Recreation Director, Daryl Faber, advised that the restaurant owner
will begin to market the use/availability of the new equipment for
events held in the banquet room moving forward. Committee
discussion followed.
D. AVHS Board Review / Animal Control Licensing (Coleman)
Finance Director, Shelley Coleman, provided a monthly report on the
Auburn Valley Humane Society (AVHS) Board meeting and on the
Animal Control Licensing Program. September statistics along with
information on two events held in October were reviewed at the most
recent AVHS Board meeting. In September, the AVHS had 170
volunteers who spent 1,724 hours assisting at the shelter. Year to
date there have been 16,959 volunteer hours for an average of 1,884
hours per month. Shelter revenue through September totaled Page 2 of 4
CA.A Page 4 of 59
$449,777.00 and represents 77% of the annual budget of
$585,445.00. Shelter expenses of $329,343.00 are at 50% of the
$647,239.00 annual expenditure budget. These figures include
revenues and expenses of $97,687.00 and $58,155.00, respectively.
It is also reported that the Board is actively recruiting additional Board
members. The number of pet licenses sold at AVHS totaled 70 in
September and 603 year to date. There were 26 feline and canine
neuters and 22 spays in the month of September. There were also 3
other surgeries on injured or sick animals. Total incoming animals for
September was 1,103; total outgoing animals for the month was 949.
Committee discussion followed and Chair Peloza requested additional
information on which veterinarians are participating in the selling of
pet licenses in their clinics. Director Coleman will include this
information in her November report.
E. Airport Management Contract (Coleman)
Finance Director, Shelley Coleman, briefed the committee on the
Airport Management Contract. The contract was previously reviewed
at the last Municipal Services Committee meeting. AMG was asked to
remove the grant and project management from their proposal. Work
outside the scope of the contract such as crack sealing, catch basin
repair, building maintenance, tenant improvements, etc., will be done
by a task order where the work will be submitted to the City for review
and approval. The term is for 2 years beginning January 1, 2014 and
ending December 31, 2015. The management company will also
perform the fueling services and split the revenue evenly with the City
(50% / 50%) after all fuel costs have been paid. Committee
discussion followed and the contract was reviewed in detail. The
Committee recommended the contract be corrected for grammatical
and formatting errors that were identified prior to moving it forward to
full City Council.
F. Ordinance No. 6474 (Coleman)
Shelley Coleman, Finance Director, reviewed Ordinance No. 6474
(Budget Amendment #6) with the Committee. This represents the
sixth budget amendment for the 2013-2014 biennium and the first
budget amendment for 2014. This amendment includes requested
project expenses that were previously approved in 2013 but will
require carry forward to 2014 to enable project completion and
requested transportation project expenses as previously approved by
Council. Other requests for funding in this budget amendment
include: (1) Revenue adjustments; (2) New staffing in the Legal,
Innovation and Technology, and Public Works M&O departments; (3)
Downtown property sales; (4) Fully fund fire pension liabilities; (5)
KidStock community festival and Arts/Events six year action plan; and
(6) Innovation and Technology Stand-by pay. Committee discussion
followed.
Page 3 of 4
CA.A Page 5 of 59
G. SCORE Jail Stats (Coleman)
Finance Director, Shelley Coleman, presented the SCORE Jail
statistics through September 2013. The Average Daily Population
(ADP) for the City of Auburn in September is 78. SCORE is now
tracking ADP for the 2015 budget year, which is based upon the April
1, 2013 through March 31, 2014 ADP. The City's ADP is
approximately 71 for the period of April 2013 through September
2013; down from the 2014 budget count of 84. The City's contribution
to SCORE for the 2014 budget year is $5,504,537.00 and is based
upon a 27.36% share of the operating costs - a $1,173432.00
reduction in costs from the previous year where Auburn's contribution
rate was 33.98%. The main reason for the reduction is due to the
decrease in ADP. Additionally, the judicial process on sentencing has
had a major impact on costs. Committee discussion followed.
H. Project Matrix
The following updates were made to the Project Matrix:
Item 10P: Review date changed to 1/27/14.
Item 21P: Review date changed to 11/25/13.
Item 27P: Combined with Item 21P. Item 27P has been removed.
Item 29P: Review date changed to 1/27/14.
Item 31P: Review date changed to 1/27/14.
Item 6I: Review date changed to 1/27/14.
IV. ADJOURNMENT
The meeting was adjourned at 4:30 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Tuesday, November 12,
2013 at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street,
Auburn, WA.
Signed this ___________ day of November, 2013.
____________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 4 of 4
CA.A Page 6 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Airport Management Contract
Date:
November 5, 2013
Department:
Finance
Attachments:
Airport Management Contract
Budget Impact:
$0
Administrative Recommendation:
City Council to approve Aviation Management Group contract.
Background Summary:
Attached is the proposed contract for Airport management services with Aviation
Management Group, LLC (AMG). The term is for 2 years beginning January 1, 2014 and
ending December 31, 2015. The annual contract is $358,000 per year. The
management company will also perform the fueling services and split the revenue
evenly, 50%/50%, with the City after all fuel costs have been paid. The City estimates
approximately $12,000 from the fuel revenue.
AMG was asked to remove the grant and project management from their proposal. Work
outside the scope of the contract such as crack sealing, catch basin repair, building
maintenance, tenant improvements, etc., will be done by a task order where the work
will be submitted to the City for review and approval.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:November 12, 2013 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 7 of 59
Page 1 of 10
AGREEMENT FOR THE DAY-TO-DAY OPERATION
AND MANAGEMENT OF THE
AUBURN MUNICIPAL AIRPORT
BETWEEN THE CITY OF AUBURN, WASHINGTON
AND AVIATION MANAGEMENT GROUP, LLC.
THIS AGREEMENT made and entered into on this _____day of ______________________________,
20_, by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and Aviation Management Group, LLC, hereinafter referred to
as the "Contractor."
WITNESSETH:
WHEREAS, the City is engaged in the operation of the Auburn Municipal Airport
(Airport); and,
WHEREAS, City is desirous of hiring the Contractor to undertake certain physical and
certain financial responsibilities of the operation, management and maintenance on a day to day
basis of the Airport; and,
WHEREAS, the City has satisfied itself that the Contractor has the requisite knowledge,
experience and ability to perform the tasks set forth in this Agreement, and that this Agreement
contains adequate safeguards to protect the interests of all concerned who use or are affected by
the Airport.
NOW, THEREFORE, in consideration of the mutual covenants, and benefits contained
herein, and subject to the following terms, conditions, covenants and provisions, THE PARTIES
HERETO DO MUTUALLY AGREE as follows:
1. Scope of Services.
The Contractor agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks
described on Exhibit "A" shall be individually referred to as a "task," and collectively
referred to as the “services.") The Contractor shall perform the services as
an independent contractor and shall not be deemed, by virtue of this Agreement and
the performance thereof, to have entered into any partnership, joint venture, employment
or other relationship with the City.
ACT.A Page 8 of 59
Page 2 of 10
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Contractor of additional services with respect to related work or projects (such an
agreement for additional services shall be referred to as a "Task Order"). Any such Task
Orders shall be set forth in writing and shall be executed by the respective parties prior to
the Contractor's performance of the services there under, except as may be provided to
the contrary in Section 3 of this Agreement. Upon proper completion and execution of a
Task Order, such Task Order shall be incorporated into this Agreement and shall have the
same force and effect as if the terms of such Task Order were a part of this Agreement as
originally executed. The performance of services pursuant to a Task Order shall be
subject to the terms and conditions of this Agreement except where the Task Order
provides to the contrary, in which case the terms and conditions of any such Task Order
shall control. In all other respects, any Task Order shall supplement and be construed in
accordance with the terms and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of Task Order.
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the completion
of such services makes the execution of a Task Order impractical prior to the
commencement of the Contractor's performance of the requested services. The
Contractor hereby agrees that it shall perform such services upon the written or electronic
request of an authorized representative of the City pending execution of Task Order, at a
rate of compensation to be agreed to in connection therewith. The invoice procedure for
any such additional services shall be as described in Section 9 of this Agreement.
4. Contractor's Representations.
The Contractor hereby represents and warrants that it has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform such
services.
5. Schedule.
Upon receipt of authorization to proceed, the Contractor will perform its services in a
diligent and timely manner, provided that the Contractor shall not be liable for delays
caused by circumstances out of the Contractor's control. The City shall give prompt
written notice to the Contractor whenever the City becomes aware of any circumstance
that may affect the timing of the performance of the services. Upon receipt of such
notice, the Contractor shall respond to the notice by appropriate action and report the
response to the City within ten (10) days.
6. City’s Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Contractor:
a. Designate in writing a person to act as the City’s representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
ACT.A Page 9 of 59
Page 3 of 10
b. Furnish the Contractor with all information, criteria, objectives, schedules
and standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Contractor to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Contractor and render decisions regarding such
documents in a timely manner to prevent delay of the services.
e. Provide certain equipment and facilities in connection herewith, as follows:
(1) Allow access to Airport facilities, and allow use of 1,350 square feet of the
506 Building as the Airport Office.
f. Provide Major Capital Improvements, Major Repairs and Equipment
Replacement Expenses: Expenses for (i) major capital improvements, (ii) major
repairs and (iii) replacement of Airport facilities or equipment that do not result
from negligence on the part of the Contractor, shall be the responsibility of the
City. For these purposes, major repairs are defined as repairs that increase the
value or increase the life of the facilities or equipment. Major capital
improvements, major repairs and/or equipment expenses shall include, but not be
limited to, the following:
(1) Airport water supply and pumping system;
(2) Storm drainage system and piping;
(3) Major repairs to paved or improved areas to include the runway, aprons,
ramps, and taxiways.
(4) Major crack sealing of all City-owned and controlled surfaces;
(5) Major repairs or replacement or building roofs on City-owned buildings,
except as otherwise provided under a lease or rental agreement.
7. Acceptable Standards.
The Contractor shall be responsible to provide, in connection with the services contemplated
in this Agreement, work product and services of a quality and professional standard
acceptable to the City.
8. Cooperation.
a. The Contractor and the City shall at all times act in good faith and cooperate fully
with each other, their respective agents, employees, contractors, subcontractors,
and concessionaires; any other parties leasing or using space or providing services
at the Airport, and the patrons of the Airport and the future development thereof,
including, but not limited to, the application for and obtaining of any government
approvals in connection therewith; the administration and enforcement of the
existing agreements; and the general performance by the Contractor of its rights,
duties and obligations under this Agreement.
b. The Contractor shall assist the City in securing any approvals from the Federal
Aviation Administration (FAA) required for the Contractor to operate and
maintain the Airport under the City's FAA Operating Certificate. The City and
the Contractor jointly shall cooperate to maintain the FAA Operating Certificate
throughout the term and any extended term of this Agreement.
ACT.A Page 10 of 59
Page 4 of 10
c. If this Agreement is terminated for any reason, or if it is to expire on its own
terms, the Parties shall make every effort to assure to the fullest extent possible
under the circumstances (a) an orderly transition to another provider of the
services required under this Agreement, (b) an orderly demobilization of the
Contractor's own operations in connection with such services, (c) uninterrupted
provision of such services during any transition period, and (d) compliance with
the reasonable requests and requirements of the City in connection with such
termination or expiration.
d. The Contractor shall interface with any private security services at the Airport,
and shall jointly or separately perform daily inspections of the Airport premises,
insuring that gates are timely opened and closed, and shall further communicate to
the City any concerns voiced by tenants or other users of the Airport, and where
police, fire or other code or emergency response agency is called in, to cooperate
with such responses and/or investigations.
e. The Contractor shall also obtain and maintain in good standing training to deal
with emergencies, as directed by the City. The Contractor shall also be familiar
with the City Disaster/Emergency Plans applicable to the Airport and its on-site
fuel system, and shall act in accordance therewith.
f. The Contractor shall also notify, when and where appropriate, the FAA, and any
other State, regional or federal agencies when accidents, actions or occurrences
take place at the Airport. In any event, the Contractor shall notify the City, and
with respect to a question of whether another outside agency should also be
notified, and in the event that the Contractor is unsure as to whether such outside
agency, or which outside agency should be notified, the question shall be
presented to the City and the City shall determine whether such notice shall be
provided and to whom such notice would be provided.
9. Compensation.
a. As compensation for the Contractor’s performance of the services provided for
herein, other than the fueling services described in section F of Exhibit A, the City
shall pay the Contractor the fees and costs specified as follows: Twenty-Nine
Thousand Seven Hundred Eighty Dollars and no/lOOths ($29,780.00) per month
with that amount increased annually by the cost of living as determined by the
applicable Consumer Price Index. The applicable Consumer Price Index is the
Consumer Price Index for All Urban Consumers 1982 1984 100 for Seattle-
Tacoma as published by the United States Government for the month of August.
b. Compensation to the Contractor for performing the fueling services shall be as
described in Section F of Exhibit A.
c. The Contractor shall submit to the City an invoice or statement of time spent on
tasks included in the additional services provided herein, and the City shall
process the invoice or statement in the next billing/claim cycle following receipt
of the invoice or statement, and shall remit payment to the Contractor thereafter in
the normal course, subject to any conditions or provisions in this Agreement or
addendum.
ACT.A Page 11 of 59
Page 5 of 10
10. Term of Agreement.
The Term of this Agreement shall be for an initial two (2) year period commencing on
the first day of January, 2014, and terminating on the 31st day of December, 2015, unless
otherwise agreed to in writing by the parties.
11. Reports.
The Contractor shall submit to the City (to the Mayor or the Mayor's designee and a copy
to the City of Auburn Airport Advisory Board) not less than monthly, during the term of
this Agreement and any extension hereof, periodic activity reports, summarizing hangar
and tie-down space rental receipt amounts, occupancy percentages, fuel sales amounts,
Airport Advisory Board agenda minutes and any other information requested by the City.
Minutes will be distributed promptly. The Contractor shall also attend the
meetings of the Airport Advisory Board and shall further attend such other meetings as
are requested by the City, as directed by the Mayor or the Mayor's designee, to answer
questions and/or receive direction from the City. The Airport Advisory Board shall serve
as a resource for discussing issues and concerns involving the implementation of this
Agreement.
12. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
13. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
14. Administration of Agreement.
This Agreement shall be administered by Jamelle R. Garcia, on behalf of the Contractor,
and by the Mayor or designee of the City, on behalf of the City. Any written notices
required by the terms of this Agreement shall be served on or mailed to the following
addresses:
City of Auburn
Auburn City Hall
25 West Main
Auburn, WA 98001-4998
(253) 931-3000
FAX (253) 931-3053
Contractor
Jamelle R. Garcia
Aviation Management Group, LLC
36618 - 55th A ve S.
Auburn, WA 98001
(253) 939-4273
ACT.A Page 12 of 59
Page 6 of 10
15. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
16. Insurance.
The Contractor shall be responsible for maintaining, during the term of this Agreement
and at its sole cost and expense, the types of insurance coverage and in the amounts
described below. The Contractor shall furnish evidence, satisfactory to the City, of all
such policies. During the term hereof, the Contractor shall take out and maintain in full
force and effect the following policies:
a. Airport liability insurance which includes coverage for premises liability,
products/completed operations, independent contractors, stop gap liability,
personal and advertising injury, hangar-keepers liability, pollution liability,
liability assumed under contract and a breach of warranty clause. Contractor shall
maintain airport liability insurance with limits no less than $10,000,000.00 per
occurrence, $10,000,000.00 general aggregate and $10,000,000.00 products-
completed operations aggregate limit. The City shall be named as an additional
insured on the airport liability insurance policy.
b. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
17. Indemnification.
The Contractor shall indemnify and hold harmless the City and its officers, agents,
employees and volunteers from any and all claims, injuries, damages, losses, or suits
including attorney fees, by reason of or arising out of the negligence of the Contractor, its
officers, agents or employees in connection with the performance of this Agreement.
The City shall indemnify and hold harmless the Contractor and its officers, agents and
employees from any and all claims, injuries, damages, losses, or suits including attorney
fees, by reason of or arising out of the negligence of the City, its officers, agents,
employees or volunteers in connection with the performance of this Agreement.
In the case of negligence of both the City (or its officers, agents, employees or
volunteers) and the Contractor (or its officers, agents or employees), any damages
allowed shall be levied in proportion to the percentage of negligence attributable to each
party, and each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
ACT.A Page 13 of 59
Page 7 of 10
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's and the City's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive
the expiration or termination of this Agreement.
18. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto, which consent shall
not be unreasonably withheld. No assignment or transfer of any interest under this
Agreement shall be deemed to release the assignor from any liability or obligation under
this Agreement, or to cause any such liability or obligation to be reduced to a secondary
liability or obligation.
19. Services in Potential Competition with Contractor.
The Contractor shall provide services to clients, customers and tenants of the Airport with
fairness and without regard to whether a client, customer or tenant is engaged in a
business that competes or potentially competes with a business of the Contractor, or with
a business in which any principal, partner or participant of the Contractor is also a
principal, partner or participant. Towards that end, the Contractor shall notify ALL clients,
customers and tenants and prospective clients, customers and tenants of the Airport of
this requirement, and shall also notify them that if they feel that the Contractor has not
treated them in a fair manner, they may seek relief from the Mayor or the Mayor's
designee of the City in terms of the services, use of premises or other activity related to
the Airport. Decisions by the Mayor or designee in such cases shall be binding on the
parties, provided that any party aggrieved by such decision may appeal the decision to the
City of Auburn Hearing Examiner, according to the procedures of the City of Auburn
therefor.
20. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
21. Remedies not Limited.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
22. Termination.
a. Either party may terminate this Agreement upon written notice to the other party
if the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement. It is
ACT.A Page 14 of 59
Page 8 of 10
provided, however, that the terminating party shall give the other party notice of
the specific area(s) of performance that has/have not been performed and shall
further give seven (7) business days for such performance to be fully performed in
accordance with the terms of this Agreement prior to termination. If such failure
to perform is corrected within said seven (7) business day's period, then the
Agreement shall not be subject to termination under this sub-paragraph.
b. The City may also terminate this Agreement upon not less than one hundred
twenty (120) days written notice to the Contractor if the services provided for
herein are no longer needed from the Contractor.
c. If this Agreement is terminated through no fault of the Contractor, the Contractor
shall be compensated for services performed prior to termination in accordance
with the rate of compensation provided herein.
23. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
24. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing party shall be entitled to receive its
reasonable costs and attorney's fees.
25. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in King County, Washington; provided, however, that it is
agreed and understood that any applicable statute of limitation shall commence no later
than the substantial completion by the Contractor of the services.
26. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
27. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
ACT.A Page 15 of 59
28. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in
respect to the transactions contemplated hereby and supersedes all prior
agreements and understandings between the parties with respect to such
subject matter.
29. Counterparts.
This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one
or more counterparts have been signed by each of the parties and delivered
to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed effective the day and year first set forth above.
CITY OF AUBURN AVIATION MANAGEMENT GROUP, LLC
Page 9 of 10
Peter B. Lewis, Mayor
Attest:
Danielle E. Daskam City Clerk
Approved as to form:
Daniel B. Heid, City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
Jamelle Garcia, Managing Member
ON THIS day of , 20 , before me, personally
appeared ___________________________________________________ t o me known to be the
________________________________ of the Contractor, Aviation Management Group, LLC, the party
that executed the within and foregoing instrument, and acknowledged said instrument to be his/her/their
free and voluntary act and deed of said corporation/company, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument.
ACT.A Page 16 of 59
GIVEN under my hand and official seal this day of , 20_,
NOTARY PUBLIC in and for the State of
Washington, residing at _
Page 10 of 10
My Commission Expires: _
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ON THIS _____day of ______________________________, 20___, before me, personally
appeared Peter B. Lewis and Danielle E. Daskam, to me known to be the Mayor and City Clerk of the
City of Auburn, Washington, the municipal corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument.
GIVEN under my hand and official seal this day of , 20_.
NOTARY PUBLIC in and for the State of
Washington, residing at _
My Commission Expires: _
ACT.A Page 17 of 59
Page 1 of 9
EXHIBIT “A"
SCOPE OF SERVICES
A. CONTRACTOR shall prepare, negotiate, administer, and enforce on behalf of, and in the
name of, CITY all of the lease agreements, contracts, documents, and instruments
relating to the Auburn Municipal Airport (Airport) or its operation to which CITY is a
party, consistent with the terms of this Agreement and in a manner that CONTRACTOR
shall deem necessary or desirable for the efficient operation, maintenance, and management of the Airport, provided that if CONTRACTOR through common
management or otherwise, holds an ownership or controlling interest in a tenant of the
Airport subject to a lease agreement, CONTRACTOR shall not negotiate, administer or
enforce such lease with such related tenant or with any commercial competitor of
CONTRACTOR which is also a tenant of the Airport but rather these activities shall be
performed by the Mayor of CITY or such representative as the Mayor shall from time to
time designate in writing.
B. CITY specifically authorizes CONTRACTOR to request and demand all rent and other
such charges and to institute legal proceedings, as CONTRACTOR shall deem necessary
or appropriate, on behalf of, and in the name of, CITY to collect such rent and other
charges. All such rent and other charges described below shall be collected by
CONTRACTOR on behalf of CITY, and accounted for as provided in the Agreement.
However, commencement of legal proceedings is subject to final approval of CITY.
C. CONTRACTOR may propose capital improvement or property development work as a
result of its concept development and planning functions or related work as set forth in
this Agreement.
D. CONTRACTOR will manage and operate the Airport for the use and benefit of CITY
and the general public, in accordance with the requirements of this Agreement, and on
fair and reasonable terms without unjust discrimination, seven (7) days a week, twenty-
four (24) hours a day, in a safe and efficient manner and maintain it in a clean, orderly,
safe, and operational condition in conformity with applicable Federal, State and local
laws, rules and regulations.
ACT.A Page 18 of 59
Page 2 of 9
E. Without limiting the foregoing services to be provided by CONTRACTOR services shall
include any of the following: operation, management, concession, and janitorial service
as needed in any CITY-owned Airport building or activity; advertising; compliance with
applicable security requirements of the FAA or other jurisdictional agency, subject to
paragraph Y herein; airport and grounds maintenance, ramp operations, airfield
signage, and navigation, and general aviation facilities maintenance; operation and
management; public relations, and marketing. CONTRACTOR shall not cause or permit
any activity or action at the Airport or on property in the vicinity of the Airport which
would interfere with its use of the Airport for Airport purposes.
F. CONTRACTOR shall provide fueling services at the Airport. In connection therewith,
CONTRACTOR shall be responsible for purchasing the fuel wholesale, CITY and
CONTRACTOR shall be jointly entitled to set the retail price of the fuel and each shall
be entitled to retain fifty percent (50%) of the net proceeds from such fuel sales. Net
proceeds is defined for these purposes as the remainder of funds after all normal and
applicable expenses have been deducted from revenue produced from fuel sales. Normal
and applicable expenses do not include major repairs (as defined in Section 6 of the
Agreement) or improvements to the fueling facility. CONTRACTOR shall submit
monthly an accounting of the fuel revenue and applicable expenses to the CITY and shall
remit quarterly to the CITY the CITY'S share of the net proceeds from fuel sales.
G. CONTRACTOR will develop and submit recommended schedules of rates, fees, and
charges (exclusive of the retail price for fuel) annually for approval by CITY, provided
that if CONTRACTOR, through common management or otherwise, holds an ownership
or controlling interest in a tenant at the Airport whose rates, fees or charges would be
affected by such recommended schedules, CONTRACTOR will not recommend
schedules for such related tenant or for any commercial competitor of CONTRACTOR
which is also a tenant but rather such recommendation will be made by the Mayor of
CITY or such authorized representative as the Mayor shall from time to time designate
for this purpose in writing. The schedule of rates, fees, and charges will not alter the
rental rates in existing leases or agreements except as provided therein. CONTRACTOR
will also collect and reconcile all rental and/or lease payments and fees due, using
uniform procedures to provide accountability, control and security of funds.
ACT.A Page 19 of 59
Page 3 of 9
H. CONTRACTOR shall assist CITY, with respect to CITY's dealings with all applicable
Federal and State authorities, provided, however, that CITY shall remain solely
responsible to the Federal Aviation Administration (“FAA”) for the compliance with
CITY’s obligations under the law and under Federal Grant Agreements unless such
compliance is the responsibility of CONTRACTOR under this Agreement.
CONTRACTOR is aware of and agrees to honor and respect the existing grant agreements
between the CITY and FAA, including related FAA assurances.
I. No exclusive right for the use of the Airport by any persons providing, or intending to
provide, aeronautical services to the public shall be permitted within the meaning
of Section 308 of the Federal Aviation Act of 1958.
J. Security: CONTRACTOR agrees to provide Airport security during non-business
office hours 365 days per year. The CONTRACTOR will bill each hangar door on the
airport Five Dollars and no/1OOths ($5.00) per month for security services. The
CITY will remit the security funds collected each month to the CONTRACTOR in the
subsequent month.
K. Hours of Operation (business hours): CONTRACTOR shall operate the Airport
for public access twenty-four (24) hours daily. At least one CONTRACTOR staff
person shall be available at the Airport Monday through Friday 8:00a.m. to 5:00p.m.
(exclusive of state and federal holidays) to assist the public. During non-business
hours, CONTRACTOR shall maintain a method of contacting the on-duty staff
person for assistance, via pager or cellular telephone. CONTRACTOR will maintain
and post a list, easily accessible to those needing fuel or other services, of Fixed Based
Operations (FBO) able to provide fueling and ramp services on short notice outside of
usual business hours.
L. Operating Policies and Procedures: CONTRACTOR shall provide and maintain a
staff training program and complete library of Airport operating policies and
procedures at the offices of the CONTRACTOR at the Airport.
ACT.A Page 20 of 59
Page 4 of 9
M. Collection of Fees and Rentals: CONTRACTOR shall provide for routine invoicing
and collection of all fees, rentals, and property lease charges due the Airport
including:
1. Property leases;
2. Hangar rents;
3. Transient and permanent tie-down fees;
4. Business office rent;
5. All other Airport revenues
CONTRACTOR shall prepare and deposit daily cash receipts received on behalf of the
CITY and forward deposit slips to the City of Auburn Finance Department. The
CONTRACTOR shall also prepare and submit to the CITY a standard accounting report
of all collections, on a monthly basis, no later than the fifth day after the end of the month
in which the collections are made.
N. Emergency Preparedness: CONTRACTOR will have available persons trained in the
manner required by applicable FAA regulations to respond to emergencies, such as fires,
aircraft incidents, or disasters.
O. Records and Correspondence: CONTRACTOR shall maintain monthly records of all
correspondence and financial transactions relating to operation of the Airport. The
format and content of the monthly financial report shall be subject to the approval of the
CITY's Finance Director.
P. Support of Airport Interest Groups: CONTRACTOR's management shall act as the
representative of the CITY through participation in meetings and activities of present and
future Airport user or interest groups. Reports on such meetings and events shall be
included in routine reports to the CITY.
Q. Emergency Expenditures: CONTRACTOR shall be authorized to make emergency
expenditures not to exceed $5,000.00 in situations where immediate action is deemed
necessary to protect the safety of the general public or protect physical assets of Airport.
1. Report: Subsequent to authorizing emergency expenditures, CONTRACTOR
shall provide a written report to the CITY within five (5) days. The emergency
action shall be reviewed and said review must be completed within fifteen (15)
days.
ACT.A Page 21 of 59
Page 5 of 9
2. Reimbursement: Upon review and approval of the emergency expenditure, the
CITY shall process the request for reimbursement to CONTRACTOR.
R. CITY Reimbursement: If CONTRACTOR fails to perform any operational or financial
obligation necessary to continued operation of the Airport, CITY reserves the right to
perform such obligation of CONTRACTOR as may be necessary to assure continued
operation of the Airport and to seek reimbursement from CONTRACTOR.
S. Maintenance/Utilities:
1. Preventative Maintenance /Minor Repairs:
(a) CONTRACTOR agrees to develop and carry out at its sole expense a
continuing program of preventative maintenance and minor repair
activities providing general upkeep against normal wear and tear such that
the Airport facilities are at all times in a serviceable condition for use in
the way and manner they were designed to be used. Preventative
maintenance and minor repair activities do not include major repairs as
defined in Section 6 of the Agreement. All maintenance procedures and
programs shall be consistent with requirements of Federal, State and CITY
agencies.
(b) In furtherance of that responsibility, CONTRACTOR will:
(1) Regularly inspect the Airport for needed maintenance and repairs;
(2) Perform scheduled preventative maintenance including
preventative maintenance of the paved surfaces, hangar and other
structure preventative maintenance, signage maintenance, mowing
of grass, fencing maintenance and weather related maintenance;
(3) Remove, to the greatest extent legally and practically possible,
obstructions and restrictions as identified in FAA regulations; and
(4) Operate and maintain all Airport owned systems necessary and
appropriate for operation of the Airport.
2. Restorative Maintenance - Major Repairs: Subject to expenditures approved,
budgeted and authorized by the Mayor of CITY or such representative as the
Mayor shall from time to time designate in writing, CONTRACTOR agrees to
ACT.A Page 22 of 59
Page 6 of 9
perform restorative maintenance and major repairs. CONTRACTOR also agrees
to perform unanticipated major repairs. Unanticipated major repairs include,
without limitation, the cost of major repair or replacement of fuel pumps and
associated equipment such as fuel dispensing equipment, the fuel tanks and
pedestal due to premature failure, and the office building adjacent to the fuel
facility. All such work is subject to reimbursement by CITY as work
compensated under the procedures of Paragraph 2 of the Agreement. CITY
agrees to provide such reimbursement within thirty (30) days of presentation by
CONTRACTOR of its invoices.
3. Temporary Closure: Nothing contained herein shall be construed to require that
the Airport be operated for aeronautical use during temporary periods when snow,
flood, or other climatic conditions interfere with such operation and maintenance.
CITY shall remove snow and ice from the runways and taxiways as they
accumulate and the CONTRACTOR will remove snow and ice within the
capacity of the CONTRACTOR'S equipment.
4. Federal Facilities: Airport aids operated and maintained by the FAA shall be
specifically excluded from any maintenance requirements under this Agreement.
5. Emergency Support Services: CONTRACTOR and the CITY shall each maintain
authorized representatives on call at all reasonable times to act on behalf of their
respective Parties for unusual, difficult, or emergency maintenance situations at
the Airport.
6. Airport Utilities And Other Charges: CONTRACTOR agrees at its sole expense
to pay all charges for the airport's electrical, water, sewer (if any), security
personnel (if any), fire system monitoring, annual fire extinguisher inspection, fire
system annual inspection, and portable sanitation units, that is not attributable to a
specific tenant or leased property. CONTRACTOR is not responsible for the
payment or collection of any storm water charges; but it is the responsibility of
the CITY Utilities for billing and collection and the airport's enterprise fund for
the payment of storm water fees.
ACT.A Page 23 of 59
Page 7 of 9
T. Environmental Protection:
1. With assistance from the CONTRACTOR, CITY shall develop and maintain
policies with assistance from CONTRACTOR, to assure that the Airport and
Airport tenants maintain compliance with Environmental Protection Agency
(EPA) standards for treatment of waste oils, fuel, solvents, etc. which may be
used in aircraft, or related to aircraft manufacturing, servicing, or repair.
2. Leases and other contracts and agreements and informational documents
developed by CITY and approved by CITY, CONTRACTOR will advise Airport
tenants of their obligation to comply with all environmental laws, including, but
not limited to, Environmental Protection Agency (EPA) standards for treatment of
waste oils, fuel, solvents, and other hazardous or toxic materials which may be
used in aircraft or in the course of aircraft manufacturing, servicing or repair,
storm water runoff, wetlands, and other laws and requirements of the United
States, the State of Washington, or CITY. Violations of those laws will be
prosecuted by the responsible government agencies against the tenants directly.
3. Leases, contracts, and other documents will also provide that Airport tenants are
liable for compliance with all such laws on their premises, and that they will
indemnify CITY and CONTRACTOR as to liability from any such
noncompliance and that such noncompliance will also be treated as an event of
tenant's default for any costs or expenses incurred as a result of the failure of
tenants to comply with environmental laws.
U. Planning, Development, and Audit:
1. Planning and Development: CITY shall, with the assistance of CONTRACTOR
and with the Airport Advisory Board, provide for planning and development of
the Airport and the surrounding Airport lands in cooperation with CITY staff.
CONTRACTOR shall encourage development of new facilities and services in
accordance with the currently approved Airport Master Plan.
2. Airport Layout Plan (ALP): CONTRACTOR shall submit periodic input
concerning the ALP to CITY. CITY agrees to update the ALP database and
provide revised copies of the ALP as required by CONTRACTOR or interested
governing agencies.
ACT.A Page 24 of 59
3. Five-year Capital Plan: CONTRACTOR shall assist with the development, and
recommend for approval, updates to the currently adopted five-year Airport
Capital Improvement Plan. The Plan shall support requests for the continuing
development of the Airport with Federal and State funding.
4. Proposed Development: In addition to the monthly reports provided for in
Paragraph 11 of the Agreement, CONTRACTOR shall provide an annual report
summarizing the current status of the Airport which shall include:
Proposed Development Plans: CONTRACTOR shall submit, as directed by the
Mayor or the Mayor's designee, proposed improvements and
developments at the Airport. These changes shall be consistent with the Airport
Master Plan and five-year Airport Capital Improvement Plan adopted and
updated periodically for the Airport.
5. Quality Review: It is agreed that CONTRACTOR will allow a review by an
independent firm of the quality of management of the Airport. This review may be
conducted annually or at any time considered appropriate. CITY may select a
firm to perform the review. CITY will also bear the cost of the review.
6. CONTRACTOR shall make all records relating to this Agreement available for
review and audit during normal business hours by the CITY and/or independent
auditor.
V. CONTRACTOR shall prepare a biennial operating projection for presentation to the
CITY that shall include the following:
1. Biennial Budget: A detailed projection of revenues and expenses relating to
Airport operations for each calendar year shall be developed. The plan shall be
submitted by CONTRACTOR on or about August 1 of each year for review
and concurrence.
2. Capital Projection: A detailed projection of capital and major expense items
anticipated for the biennial budget and the mid term corrections.
W. Performance Standards: CONTRACTOR must perform reasonably, safely, legally, and in
a manner consistent with this Agreement. CONTRACTOR shall also be responsible to
provide, in connection with the services contemplated in this Agreement, work product
and services of a quality and professional standard acceptable to the CITY.
Page 8 of 9
ACT.A Page 25 of 59
Page 9 of 9
CONTRACTOR shall not conduct operations in or on the Airport in a manner which in the
reasonable judgment of CITY:
1. Interferes with the reasonable use by others of the Airport.
2. Hinders police, fire department or other emergency personnel in the discharge of
their duties at the Airport.
3. Would constitute a hazardous condition at the Airport.
4. Would involve any illegal purpose.
5. Is not materially in accordance with this Agreement.
X. CONTRACTOR'S Duty to repair: CONTRACTOR shall repair any and all damage to
the property of CITY located at the Airport caused by CONTRACTOR, its agents or
employees, except to the extent the actions were required by directions of CITY.
Y. Compliance With Heightened Security Requirements: CONTRACTOR shall, if required
by additional regulatory requirements for Airport security of the FAA, Homeland
Security or any other jurisdictional agency, make changes to the security procedures
and/or equipment used to provide Airport security, provided that CITY agrees to pay as
work compensated under the procedures of Paragraph 2 of the Agreement the reasonable
out of pocket cost incurred by CONTRACTOR, subject to prior approval of the CITY, to
comply with changed requirements imposed after the effective date for capital
improvements such as additional or higher fencing, surveillance or monitoring equipment
or other capital investments which are mandated by law. CITY shall have the right to
inspect estimates of cost to comply before expenditures are made and suggest
alternatives, but CONTRACTOR shall be reimbursed its reasonably necessary cost to
comply with new security mandates within twenty days of presenting invoices for such
cost, following the inspection described above.
Z. Exclusion for Litigation Support: The Scope of Services does not include services of
CONTRACTOR for required or requested assistance to support, prepare, document,
bring, defend, or assist in litigation undertaken where defended by CITY in connection
with this Agreement in an action to which CONTRACTOR is not a party. All such
services required or requested of CONTRACTOR by the CITY, will be work
compensated under Paragraph 2 of the Agreement.
ACT.A Page 26 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6475
Date:
November 5, 2013
Department:
Finance
Attachments:
Ordinance No. 6475
Budget Impact:
$15,792,046.00
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6475, establishing the Property Tax
levy for calendar year 2014.
Background Summary:
Attached is proposed Ordinance No. 6475, establishing the 2014 Property Tax
Levy. The 2014 Property Tax Levy is based upon preliminary information from King
County and represents an increase over the 2013 levy, as allowed under State law, and
also includes estimated property taxes on new construction of $239,000.00. King
County will not finalize the City’s assessed valuation (AV) and new construction until
December therefore the levy will be based upon preliminary information as it is
scheduled for Council adoption on November 18, 2013. The following table summarizes
the 2014 Property Tax levy:
2014 Property Tax Levy Calculations
2013 property tax levy $ 14,509,253.00
Add 1% increase 145,093.00
Add new construction & improvements 239,000.00
Add fire pension fund 231,000.00
Add correction of 2013 levy error 667,700.00
Total 2014 Property Tax Levy $ 15,792,046.00
Ordinance No. 6475 will be reviewed by the Council Finance Committee on November 4
(first reading) and on November 18 (final reading) before being referred to the full
Council for adoption on the same night (November 18). Filing of the adopted ordinance
will be made by December 1, as required by the County.
As of this date the County has preliminarily established the 2014 assessed valuation
(including new construction) for the City of Auburn at $7,311,156,400.00 which is a 5.8%
increase over the 2013 level of $6,909,168,076.00.
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 27 of 59
The total 2014 Property Tax Levy will be distributed to the General Fund to support
general governmental operations.
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development, Public Works
Councilmember:Partridge Staff:Coleman
Meeting Date:November 12, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 28 of 59
----------------------------
Ordinance No. 6475
October 30, 2013
Page 1 of 3
ORDINANCE NO. 6 4 7 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ESTABLISHING THE LEVY
FOR REGULAR PROPERTY TAXES BY THE CITY OF
AUBURN FOR COLLECTION IN 2014 FOR GENERAL
CITY OPERATIONAL PURPOSES IN THE AMOUNT OF
$15,792,046.00
WHEREAS, the City Council of the City of Auburn has met and
considered its budget for the calendar year 2014; and
WHEREAS, pursuant to RCW 84.55.120 the City Council held public
hearings on October 7, 2013 and November 4, 2013, after proper notice was
given, to consider the City of Auburn’s 2014 budget and the regular property
tax levy to support it; and
WHEREAS, the City Council of the City of Auburn, after public hearing,
and after duly considering all relevant evidence and testimony presented, has
determined that the City of Auburn requires property tax revenue and any
increase of new construction and improvements to property, any increase in the
value of state-assessed property, annexations, and any refund levies in order
to discharge the expected expenses and obligations of the City and in its best
interest; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regular property taxes for collection in the City of Auburn
for the year 2014 are authorized in the amount of $15,792,046.00.
DI.A Page 29 of 59
----------------------------
Ordinance No. 6475
October 30, 2013
Page 2 of 3
This amount includes: (a) a correction of the levy base in the amount of
$667,700.00 representing the 4.6% levy reduction that was not required for
2013, (b) $231,000.00 representing 1.6% to fully fund the Fire Pension Fund
which was found to be deficient in the January 2013 actuarial valuation, and (c)
$145,093.00 or 1% in amounts authorized by the levy growth limit factor for a
combined dollar increase of $1,043,793.00 or 7.2% over the amounts actually
levied in 2013. The increases above do not include the addition of new
construction and improvements to property, any increase in the value of state
assessed property, any refund levies available, and any other adjustments as a
result of annexations that have occurred.
Section 2. If any section, subsection, sentence, clause or phrase 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 the Ordinance, as it being hereby expressly declared
that this Ordinance and each section, subsection, sentence, clause or 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 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
DI.A Page 30 of 59
----------------------------
Ordinance No. 6475
October 30, 2013
Page 3 of 3
Section 4. 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: _________________
____________________________
PETER B. LEWIS
MAYOR
ATTEST:
_____________________________
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
____________________________
Daniel B. Heid
City Attorney
PUBLISHED: ________________
DI.A Page 31 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6481
Date:
November 6, 2013
Department:
Finance
Attachments:
Memo
Ordinance No. 6481
Schedule A & B
Budget Impact:
$1,808,395.00
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6481
Background Summary:
Ordinance No. 6481 (Budget Amendment #5) amends the 2013-2014 Revised Budget
as presented in the attached transmittal memorandum and supporting attachments.
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development, Public Works
Councilmember:Partridge Staff:Coleman
Meeting Date:November 12, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 32 of 59
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: November 6, 2013
Re: Ordinance #6481 – 2013-2014 Budget Amendment #5
This amendment is the fifth budget amendment for the 2013-2014 biennium and the final amendment for
calendar year 2013. All projects/programs are underway and a budget amendment is requested to ensure
sufficient budget authority to meet anticipated expenditures by year end. Proposed amendments to the 2013
budget are as follows:
Grant and other revenue funded projects. The following amendments are being requested to
formally recognize receipt of grants and other sources of funding:
• Grant funded projects
Administration
o $12,500 from the Washington State Department of Commerce for reimbursement of
administrative expenses related to the City’s Innovation Partnership Zone (IPZ).
Airport
o $134,108 from the Federal Aviation Administration and the Washington State Department of
Ecology for an Airport Wildlife Hazard Assessment ($28,500) and Airport Master Plan
($105,608).
Police
o $14,600 from the Washington State Traffic Safety Commission for Target Zero, high visibility
enforcement and distracted driver patrols. Expenditures for this program are expected to
occur in 2013 with particular enforcement emphasis during the holidays.
Public Works
o $58,413 from the Washington State Military Department for reimbursement of emergency
management public education and program administrative expenses.
o $50,000 from the Washington State Department of Ecology for stormwater NPDES program
implementation expenses.
o $48,744 from the King County Flood Control Zone District for reimbursement of Mill Creek
project expenses incurred in 2012.
o $48,000 from the Washington State Traffic Safety Commission for reimbursement of school
zone flashing beacons installation expenses. Equipment is currently being procured and will be
installed by the end of the year.
DI.B Page 33 of 59
• Other revenue funded projects
Administration
o $1,075,000 from the sale of Suite 380 at the Annex Building. Proceeds from the sale will be
deposited into the City’s Capital Improvements Fund (#328).
Public Works
o $91,200 from the Muckleshoot Indian Tribe for the undergrounding of overhead utilities on
Auburn Way South (CP1118). The MIT will provide a total of $330,000 toward this project; the
remaining $238,800 will be budgeted in 2014 (BA#6, Ordinance #6474).
o $62,322 from insurance settlement proceeds for traffic signal collision repairs at 29th Street SE
and A Street SE (ms1307) and East Main and Auburn Way (ms1308).
• Other adjustments
Administration
o $151,300 for payment of traffic impact fees related to the downtown property sale for the Trek
Apartments. Payment of these fees will be funded from REET2.
o $125,000 for property acquisition related to the Promenade project.
o $7,654 for the installation of compensatory plantings in the wetlands at the Auburn
Environmental Park related to the removal of trees within the wetland located on the Airport.
Public Works
o $300,000 for emergency stormwater drainage pipe repairs for the Hidden Valley Vista
neighborhood (em1302).
o $300,000 for D Street water utility distribution system improvements (CP1207).
o $165,000 for the 2013 roadway pavement patching/chip seal overlay project (CP1302).
o $124,080 for the 2013 water, sewer, and stormwater cost of service study.
o $63,400 for purchase of a new tractor/mower arm. Purchase of the new arm will extend the
tractor/mower’s usable life by eight additional years.
o $50,000 in budget for the Auburn Way South and 12th Street Improvements is moved from the
Capital Improvements Fund (#328) to the Arterial Street Fund (#102). This move is being
made to consolidate budget authority into a single fund for improved project management
(CP1114).
o $14,200 is transferred from the Stormwater Utility to the Parks CIP to support the Fenster
Levee Project (CP1016).
Council approval of proposed Ordinance 6481 would amend the 2013 budget as follows:
Table 1: 2013 Budget as Amended
2013 Budget as Amended $ 256,544,721.06
Budget Amendment #5 (Ord #6481) 1,808,395.00
Budget as Amended $ 258,353,116.06
Attachments:
1. Proposed Ordinance #6481 (budget adjustment #5)
2. Summary of proposed 2013 budget adjustments by fund and department (Schedule A)
3. Summary of approved changes to adopted 2013 budget by fund (Schedule B)
DI.B Page 34 of 59
ORDINANCE NO. 6481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6432, THE 2013-2014 BIENNIAL BUDGET ORDINANCE, AS
AMENDED BY ORDINANCE NO. 6456, ORDINANCE NO.
6462, ORDINANCE NO. 6472, AND ORDINANCE NO. 6473,
AUTHORIZING AMENDMENT TO THE CITY OF AUBURN
2013-2014 BUDGET AS SET FORTH IN SCHEDULE “A” AND
SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 3,
2012, adopted Ordinance No. 6432 which adopted the City of Auburn 2013-2014
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of March 4, 2013,
adopted Ordinance No. 6456 (BA#1) which amended Ordinance No. 6432 which
adopted the City of Auburn 2013-2014 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of May 28, 2013,
adopted Ordinance No. 6462 (BA#2) which amended Ordinance No. 6456 which
amended the City of Auburn 2013-2014 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of August 5,
2013, adopted Ordinance No. 6472 (BA#3) which amended Ordinance No. 6462
which amended the City of Auburn 2013-2014 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of September 16,
2013, adopted Ordinance No. 6473 (BA#4) which amended Ordinance No. 6472
which amended the City of Auburn 2013-2014 Biennial budget; and
-------------------------
Ordinance No. 6481
November 6, 2013
Page 1 of 3 DI.B Page 35 of 59
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2013 budget as outlined in this Ordinance (BA#5);
and
WHEREAS, this Ordinance has been approved by one more than the
majority of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2013-2014 Biennial Budget. The 2013-
2014 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts
shown on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and
Schedule “B” is on file with the City Clerk and available for public inspection.
Section 2. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid, the
remainder of such code, ordinance or regulation or the application thereof to other
person or circumstance shall not be affected.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
-------------------------
Ordinance No. 6481
November 6, 2013
Page 2 of 3 DI.B Page 36 of 59
-------------------------
Ordinance No. 6481
November 6, 2013
Page 3 of 3
Section 4. 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: _________________
____________________________
PETER B. LEWIS, MAYOR
ATTEST:
____________________________
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
____________________________
Daniel B. Heid
City Attorney
PUBLISHED:__________________
DI.B Page 37 of 59
Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
General Fund (#001)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
General Fund
2013 Adopted Budget (ORD 6432; 12.3.2012)12,108,801.00 50,570,748.00 54,368,539.00 8,311,010.00
BA#1 (ORD 6456; 3.4.2013)133,651.00 225,435.00 750,101.54 (391,015.54)
BA#2 (ORD 6462; 6.17.2013)4,142,108.93 830,900.00 1,019,373.93 3,953,635.00
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
Police
Grant funding from Washington State Traffic Commission.0.00 14,600.00 14,600.00 0.00
Planning
Grant funding from Washington State Department 0.00 12,500.00 12,500.00 0.00
of Commerce for Innovative Partnership Zone (IPZ).
Public Works
Traffic Signal collision repairs; insurance reimbursed
29th St SE & A St SE (MS1307)0.00 50,000.00 50,000.00 0.00
East Main & Auburn Way (MS1308)0.00 12,322.00 12,322.00 0.00
Public Works - Emergency Management
WA State 2013 Performance Grant (RES 4980; 8.19.2013).0.00 58,413.00 58,413.00 0.00
Other
King County Flood Control District grant for reimbursement 0.00 48,744.00 0.00 48,744.00
of 2012 Mill Creek Project expenses.
BA#5 Total 0.00 196,579.00 147,835.00 48,744.00
2013 Revised Budget 16,384,560.93 51,823,662.00 56,285,849.47 11,922,373.46
Memo: Unrestricted GF Ending fund balance 10,040,289.46
Memo: Restricted GF Ending fund balance for salaries/benefits 1,882,084.00
Total Resources / Expenditures 68,208,222.93 68,208,222.93
8.0% General Fund Reserve Requirement 4,502,867.96
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Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
Arterial Street Fund (#102)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)1,300,518.00 13,120,070.00 13,564,224.00 856,364.00
BA#1 (ORD 6456; 3.4.2013)767,234.00 703,470.87 1,467,966.87 2,738.00
BA#2 (ORD 6462; 6.17.2013)75,961.00 115,000.00 115,000.00 75,961.00
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
Auburn Way South Pedestrian Improvements (CP1118)0.00 91,200.00 91,200.00 0.00
Funded by Muckleshoot Indian Tribe contribution.
City School Zone Flashing Beacons (GR1302) - 0.00 48,000.00 60,000.00 (12,000.00)
80% funded by WA Traffic Safety Commission grant
(per RES 4966; 7.01.2013).
REET2 Transfer In from Fund 328 for Auburn Way South 0.00 50,000.00 50,000.00 0.00
and 12th Street Improvements (CP1114).
BA#5 Total 0.00 189,200.00 201,200.00 (12,000.00)
2013 Revised Budget 2,143,713.00 14,127,740.87 15,348,390.87 923,063.00
Total Resources / Expenditures 16,271,453.87 16,271,453.87
Arterial Street Preservation Fund (#105)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)1,654,369.00 2,561,488.00 2,630,920.00 1,584,937.00
BA#1 (ORD 6456; 3.4.2013)60,000.00 0.00 60,000.00 0.00
BA#2 (ORD 6462; 6.17.2013)(34,068.00)0.00 0.00 (34,068.00)
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
2013 Pavement Patching/Chip Seal/Overlay (CP1302)0.00 0.00 165,000.00 (165,000.00)
increased funding to complete improvements.
BA#5 Total 0.00 0.00 165,000.00 (165,000.00)
2013 Revised Budget 1,680,301.00 2,561,488.00 2,855,920.00 1,385,869.00
Total Resources / Expenditures 4,241,789.00 4,241,789.00
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Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
Cumulative Reserve Fund (#122)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)7,313,905.00 3,000.00 1,616,109.00 5,700,796.00
BA#1 (ORD 6456; 3.4.2013)0.00 0.00 0.00 0.00
BA#2 (ORD 6462; 6.17.2013)39,053.00 0.00 0.00 39,053.00
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
Golf Course debt service administrative fees 0.00 0.00 1,000.00 (1,000.00)
Transfer to Golf Course debt service fund 417.
BA#5 Total 0.00 0.00 1,000.00 (1,000.00)
2013 Revised Budget 7,352,958.00 3,000.00 1,617,109.00 5,738,849.00
Total Resources / Expenditures 7,355,958.00 7,355,958.00
Mitigation Fees Fund (#124)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)2,368,612.00 880,000.00 717,210.00 2,531,402.00
BA#1 (ORD 6456; 3.4.2013)0.00 0.00 0.00 0.00
BA#2 (ORD 6462; 6.17.2013)692,567.00 0.00 151,959.87 540,607.13
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
Traffic Impact Fee revenues from Fund 328 for Trek 0.00 151,300.00 0.00 151,300.00
development.
Airport Airspace Mitigation and Maintenance Project - mitigation 0.00 7,654.00 0.00 7,654.00
funding reimbursed by Airport Fund for wetland tree removal at
Airport. Compensatory mitigation plantings to occur at Auburn
Environmental Park.
Transfer Out to Fund 328 for CP1315 - City Wetland Mitigation 0.00 0.00 3,554.00 (3,554.00)
Projects.
BA#5 Total 0.00 158,954.00 3,554.00 155,400.00
2013 Revised Budget 3,061,179.00 1,038,954.00 872,723.87 3,227,409.13
Total Resources / Expenditures 4,100,133.00 4,100,133.00
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Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
Municipal Park Construction Fund (#321)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)613,497.00 1,216,770.00 1,505,000.00 325,267.00
BA#1 (ORD 6456; 3.4.2013)626,025.00 477,296.50 1,103,321.50 0.00
BA#2 (ORD 6462; 6.17.2013)(809,407.00)626,025.00 0.00 (183,382.00)
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 270,240.00 270,240.00 0.00
BA#5 (Proposed ORD 6481)
Transfer In from Fund 432 for Fenster Levee Project, CP1016. Reduce 0.00 14,200.00 0.00 14,200.00
State grant revenues to meet grant matching requirements.0.00 (14,200.00)0.00 (14,200.00)
BA#5 Total 0.00 0.00 0.00 0.00
2013 Revised Budget 430,115.00 2,590,331.50 2,878,561.50 141,885.00
Total Resources / Expenditures 3,020,446.50 3,020,446.50
Capital Improvements Fund (#328)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)5,268,537.00 1,551,487.00 2,053,720.00 4,766,304.00
BA#1 (ORD 6456; 3.4.2013)675,543.50 109,734.00 854,277.50 (69,000.00)
BA#2 (ORD 6462; 6.17.2013)468,394.50 0.00 11,408.00 456,986.50
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 270,240.00 (270,240.00)
BA#5 (Proposed ORD 6481)
Proceeds from sale of Suite 380 at the Annex Building.0.00 1,075,000.00 0.00 1,075,000.00
Payment of Traffic Impact Fees for Trek development to Fund 124; 0.00 0.00 151,300.00 (151,300.00)
source REET 2.
Stratford property acquisition (per RES 4935 04.15.2013) related to 0.00 0.00 125,000.00 (125,000.00)
Promenade Project.
REET 2 Transfer Out to Fund 102 Auburn Way South and 12th Street 0.00 0.00 50,000.00 (50,000.00)
Improvements (CP1114).
Reduce Capital Improvement Project budget for traffic 0.00 0.00 (50,000.00)50,000.00
signal improvements to offset CP1114 (above).
Transfer In from Fund 124 for City Wetland Mitigation Project (CP1315).0.00 3,554.00 3,554.00 0.00
BA#5 Total 0.00 1,078,554.00 279,854.00 798,700.00
2013 Revised Budget 6,412,475.00 2,739,775.00 3,469,499.50 5,682,750.50
Total Resources / Expenditures 9,152,250.00 9,152,250.00
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Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
Golf Course Debt Service Fund (#417)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)0.00 390,429.00 390,429.00 0.00
BA#1 (ORD 6456; 3.4.2013)0.00 0.00 0.00 0.00
BA#2 (ORD 6462; 6.17.2013)0.00 0.00 0.00 0.00
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
Golf Debt Service Admin Fees (Bank of New York),0.00 1,000.00 1,000.00 0.00
funded by Transfer In from Cumulative Reserve.
BA#5 Total 0.00 1,000.00 1,000.00 0.00
2013 Revised Budget 0.00 391,429.00 391,429.00 0.00
Total Resources / Expenditures 391,429.00 391,429.00
Water Fund (#430)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)2,983,426.00 23,051,704.00 19,416,148.00 6,618,982.00
BA#1 (ORD 6456; 3.4.2013)6,672,167.40 0.00 6,755,594.47 (83,427.07)
BA#2 (ORD 6462; 6.17.2013)540,687.70 (14,705.00)794,319.00 (268,336.30)
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
D Street Utilities Improvement Project (CP1207) - increase 0.00 0.00 300,000.00 (300,000.00)
funding to complete needed water system improvements.
Cost of Service Study - 50% water funded.0.00 0.00 62,040.00 (62,040.00)
BA#5 Total 0.00 0.00 362,040.00 (362,040.00)
2013 Revised Budget 10,196,281.10 23,036,999.00 27,328,101.47 5,905,178.63
Total Resources / Expenditures 33,233,280.10 33,233,280.10
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Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
Sewer Fund (#431)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)8,899,265.00 20,903,571.00 22,226,119.00 7,576,717.00
BA#1 (ORD 6456; 3.4.2013)1,379,247.00 (14,000,000.00)(12,565,169.65)(55,583.35)
BA#2 (ORD 6462; 6.17.2013)1,794,067.09 (6,575.00)14,319.00 1,773,173.09
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
Cost of Service Study - 25% sewer funded.0.00 0.00 31,020.00 (31,020.00)
BA#5 Total 0.00 0.00 31,020.00 (31,020.00)
2013 Revised Budget 12,072,579.09 6,896,996.00 9,706,288.35 9,263,286.74
Total Resources / Expenditures 18,969,575.09 18,969,575.09
Storm Drainage Fund (#432)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)6,057,392.00 13,564,424.00 13,322,702.00 6,299,114.00
BA#1 (ORD 6456; 3.4.2013)3,893,475.00 0.00 3,960,149.94 (66,674.94)
BA#2 (ORD 6462; 6.17.2013)267,981.21 64,269.00 1,243,089.00 (910,838.79)
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
Hidden Valley Vista Emergency Outfall Repair 0.00 0.00 300,000.00 (300,000.00)
project (EM1302; per RES 4969, 07.01.2013).
Grant funding from Washington State Department of 0.00 50,000.00 50,000.00 0.00
Ecology for stormwater NPDES program expenses.
Cost of Service Study - 25% storm funded.0.00 0.00 31,020.00 (31,020.00)
Transfer Out to Fund 321 for Fenster Levee Project, CP1016.0.00 0.00 14,200.00 (14,200.00)
BA#5 Total 0.00 50,000.00 395,220.00 (345,220.00)
2013 Revised Budget 10,218,848.21 13,678,693.00 18,921,160.94 4,976,380.27
Total Resources / Expenditures 23,897,541.21 23,897,541.21
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Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
Airport Fund (#435)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)727,073.00 724,880.00 907,801.00 544,152.00
BA#1 (ORD 6456; 3.4.2013)145,846.00 0.00 145,846.00 0.00
BA#2 (ORD 6462; 6.17.2013)(54,007.00)86,346.00 0.00 32,339.00
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 105,000.00 110,000.00 (5,000.00)
BA#5 (Proposed ORD 6481)
Increase project budget for Airport Master Plan (CP1221) - funded by 0.00 105,608.00 111,500.00 (5,892.00)
FAA grant ($100,000); State DOT grant ($5,608); and City ($5,892).
Increase project budget for Airport Wildlife Hazardous 0.00 28,500.00 30,000.00 (1,500.00)
Assessment - funded by FAA grant ($27,000), State DOT
grant ($1,500); and City ($1,500).
Airport Airspace Mitigation and Maintenance Project - mitigation 0.00 0.00 7,654.00 (7,654.00)
funding reimbursed to Fund 124 for wetland tree removal at
Airport. Compensatory mitigation plantings to occur at Auburn
Environmental Park.
BA#5 Total 0.00 134,108.00 149,154.00 (15,046.00)
2013 Revised Budget 818,912.00 1,050,334.00 1,312,801.00 556,445.00
Total Resources / Expenditures 1,869,246.00 1,869,246.00
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Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #5 Ordinance 6481
Equipment Rental Fund (#550)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)4,511,304.00 3,113,450.00 4,389,664.00 3,235,090.00
BA#1 (ORD 6456; 3.4.2013)0.00 0.00 9,375.66 (9,375.66)
BA#2 (ORD 6462; 6.17.2013)1,048,260.94 0.00 45,693.00 1,002,567.94
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 0.00 0.00 0.00
BA#5 (Proposed ORD 6481)
New Arm For Tractor/Mower. Replacement will extend equipment 0.00 0.00 63,400.00 (63,400.00)
life by estimated 8 additional years.
BA#5 Total 0.00 0.00 0.00 0.00
2013 Revised Budget 5,559,564.94 3,113,450.00 4,444,732.66 4,228,282.28
Total Resources / Expenditures 8,673,014.94 8,673,014.94
Grand Total - All Funds Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget (ORD 6432; 12.3.2012)66,056,411.00 160,298,583.00 168,557,536.00 57,797,458.00
BA#1 (ORD 6456; 3.4.2013)16,059,938.79 2,415,936.37 18,667,324.75 (191,449.59)
BA#2 (ORD 6462; 6.17.2013)9,441,816.90 1,896,795.00 3,541,326.80 7,797,285.10
BA#3 (ORD 6472; 8.15.2013)0.00 0.00 0.00 0.00
BA#4 (ORD 6473; 9.16.2013)0.00 375,240.00 650,480.00 (275,240.00)
BA#5 Total 0.00 1,808,395.00 1,736,877.00 71,518.00
2013 Revised Budget 91,558,166.69 166,794,949.37 193,153,544.55 65,199,571.51
Total Resources / Expenditures 258,353,116.06 258,353,116.06
Prepared by City of Auburn Finance Department
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Schedule B
2013 Appropriations by Fund
2013 Appropriation Authority by Fund
2013 Adopted BA#1 BA#2 BA#3 BA#4 BA#5 Total 2013 Revised
Fund Budget (Ord 6456) (Ord 6462) (Ord 6472) (Ord 6473) (Ord 6481) Amendments Budget
General Fund (#001)62,679,549.00 359,086.00 4,973,008.93 - - 196,579.00 5,528,673.93 68,208,222.93
Arterial Street Fund (#102)14,420,588.00 1,470,704.87 190,961.00 - - 189,200.00 1,850,865.87 16,271,453.87
Local Street Fund (#103)2,744,920.00 390,000.00 228,163.00 - - - 618,163.00 3,363,083.00
Hotel Motel Fund (#104)171,181.00 - 17,982.00 - - - 17,982.00 189,163.00
Arterial Street Preservation Fund (#105)4,215,857.00 60,000.00 (34,068.00) - - - 25,932.00 4,241,789.00
Drug Forfeiture Fund (#117)1,200,390.00 - (61,016.00) - - - (61,016.00) 1,139,374.00
Housing and Community Development Grant Fund (#119)505,647.00 - 129,765.00 - - - 129,765.00 635,412.00
Recreation Trails Fund (#120)29,571.00 - - - - - - 29,571.00
Business Improvement Area Fund (#121)76,680.00 - 2,816.00 - - - 2,816.00 79,496.00
Cumulative Reserve Fund (#122)7,316,905.00 - 39,053.00 - - - 39,053.00 7,355,958.00
Mitigation Fees Fund (#124)3,248,612.00 - 692,567.00 - - 158,954.00 851,521.00 4,100,133.00
1998 Library Fund (#229)326,654.00 - - - - - - 326,654.00
2010 Annex A&B Bond Debt Fund (#230)1,696,678.00 - - - - - - 1,696,678.00
2010 C&D Local Revitalization Debt Fund (#231)594,570.00 - - - - - - 594,570.00
LID Guarantee Fund (#249)44,588.00 - - - - - - 44,588.00
LID #250 (#250)56,741.00 - - - - - - 56,741.00
LID #350 (#275)7,245.00 - 5,631.00 - - - 5,631.00 12,876.00
Municipal Park Construction Fund (#321)1,830,267.00 1,103,321.50 (183,382.00) - 270,240.00 - 1,190,179.50 3,020,446.50
Capital Improvements Fund (#328)6,820,024.00 785,277.50 468,394.50 - - 1,078,554.00 2,332,226.00 9,152,250.00
Local Revitalization Fund (#330)- 667,975.89 - - - - 667,975.89 667,975.89
Golf Course Debt Service Fund (#417)390,429.00 - - - - 1,000.00 1,000.00 391,429.00
Water Fund (#430)26,035,130.00 6,672,167.40 525,982.70 - - - 7,198,150.10 33,233,280.10
Sewer Fund (#431)29,802,836.00 (12,620,753.00) 1,787,492.09 - - - (10,833,260.91) 18,969,575.09
Storm Drainage Fund (#432)19,621,816.00 3,893,475.00 332,250.21 - - 50,000.00 4,275,725.21 23,897,541.21
Sewer Metro Fund (#433)- 14,000,000.00 - - - - 14,000,000.00 14,000,000.00
Solid Waste Fund (#434)12,679,564.00 825,000.00 293,193.34 - - - 1,118,193.34 13,797,757.34
Airport Fund (#435)1,451,953.00 145,846.00 32,339.00 - 105,000.00 134,108.00 417,293.00 1,869,246.00
Cemetery Fund (#436)1,062,416.00 30,000.00 168,692.05 - - - 198,692.05 1,261,108.05
Golf Course Fund (#437)1,611,664.00 - (15,292.38) - - - (15,292.38) 1,596,371.62
Insurance Fund (#501)1,986,779.00 - 43,902.08 - - - 43,902.08 2,030,681.08
Facilities Fund (#505)4,563,249.00 120,674.00 432,752.96 - - - 553,426.96 5,116,675.96
Innovation and Technology Fund (#518)7,237,981.00 589,100.00 258,060.19 - - - 847,160.19 8,085,141.19
Equipment Rental Fund (#550)7,624,754.00 - 1,048,260.94 - - - 1,048,260.94 8,673,014.94
Fire Pension Fund (#611)2,663,285.00 - (38,441.71) - - - (38,441.71) 2,624,843.29
Cemetery Endowment Fund (#701)1,636,471.00 (16,000.00) (455.00) - - - (16,455.00) 1,620,016.00
Total 226,354,994.00 18,475,875.16 11,338,611.90 - 375,240.00 1,808,395.00 31,998,122.06 258,353,116.06
Note: BA#3 resulted in no net change to budgeted appropriations.
Prepared by City of Auburn Finance Department
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance 6465
Date:
October 23, 2013
Department:
Parks/Art and Recreation
Attachments:
Ordinance 6465
Memo
Budget Impact:
$0
Administrative Recommendation:
Approve Ordinance 6465, adding new Chapter 2.22 to the Auburn City Code.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development
Councilmember:Backus Staff:Faber
Meeting Date:November 12, 2013 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 47 of 59
------------------------------
Ordinance No. 6465
June 3, 2013
Page 1 of 9
ORDINANCE NO. 6 4 6 5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON ADDING NEW
CHAPTER 2.22 TO THE AUBURN CITY CODE
RELATING TO PARKS
WHEREAS, In 1982 the Parks and Recreation Board (“Board”), under the
authority of Chapter 2.42 of the Auburn City Code, promulgated a Manual of
Policies and Procedure, which has been updated over the years; and,
WHEREAS, in 2006, the City Council changed the role of the Board to that
of an advisory body; and,
WHEREAS, staff recommends that, the Manual be updated to reflect
current Parks and Recreation Department practices, and that those portions of
the manual that affect the rights and obligations of the public be moved into the
Auburn City Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code. That a new Chapter 2.22 be
and the same hereby is added to the Auburn City Code to read as follows:
Chapter 2.22
PARK CODE
Sections:
2.22.010 Chapter constitutes park code.
2.22.020 Exercise of police power.
2.22.030 Definitions.
2.22.040 Permits – Assemblies, entertainment, etc.
2.22.050 Permits – Generally.
2.22.060 Reserved.
2.22.070 Destruction of park property.
2.22.080 Intoxicating liquors.
DI.C Page 48 of 59
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Ordinance No. 6465
June 3, 2013
Page 2 of 9
2.22.090 Selling, advertising, soliciting.
2.22.100 Damage or removal of plants prohibited.
2.22.110 Disposal of trash.
2.22.120 Animal control.
2.22.130 Molesting or feeding animals.
2.22.140 Damage by animals.
2.22.150 Prohibitions as to boating, fishing and swimming.
2.22.160 Boats and beaches.
2.22.170 Fires.
2.22.180 Use of certain equipment.
2.22.190 Fireworks.
2.22.200 Vehicular standards.
2.22.205 Entrance fees.
2.22.210 Overnight use.
2.22.215 Parking fees required.
2.22.220 Opening and closing hours.
2.22.230 Emergency conditions.
2.22.250 Penalty for violations.
2.22.255 Violators may be required to leave park.
2.22.260 Severability.
2.22.010 Chapter constitutes park code.
This chapter shall constitute the park code of the City of Auburn and may be cited as
such. Conduct in all public parks shall be subject to all the general police regulations of
the City of Auburn and not exclusively to the provisions of this chapter.
2.22.020 Exercise of police power.
This chapter is hereby declared to be an exercise of the police power of the State of
Washington and the City of Auburn for the public peace, health, safety, and welfare, and
its provisions shall be liberally construed.
2.22.030 Definitions.
The terms herein used, unless clearly contrary to or inconsistent with the context in
which used, shall be construed as follows:
A. “Civil infraction” has the meaning given that term by chapter 7.80 RCW, the
Infraction Rules for Courts of Limited Jurisdiction and any local rule adopted thereto by
the King County District Court at Auburn.
B. “Director” means the Director of the Parks and Recreation Department.
C. “Hearing Examiner” means the City’s Hearing Examiner as set forth in Chapter
2.46ACC.
D. “Park” means and includes all parks, squares, drives, piers, boulevards, golf
courses, zoos, beaches, playgrounds, and recreation areas and facilities either developed
or undeveloped, owned or under the management and control of the City of Auburn.
DI.C Page 49 of 59
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Ordinance No. 6465
June 3, 2013
Page 3 of 9
E. “Vehicle” shall have the meaning set forth in RCW 46.04.670 as currently enacted
or hereafter amended and shall also include (1) trailers, including trailers designed to be
towed behind any vehicle, and (2) motorized scooters and electric personal assistive
mobility devices, as defined in Chapter 10.54 of this code.
Wherever consistent with the context of this chapter, words in the present, past, or
future tenses shall be construed to be interchangeable with each other, and words in the
singular number shall be construed to include the plural.
2.22.040 Permits – Assemblies, entertainment, etc.
Any person who conducts or participates in any organized entertainment,
demonstration, or public gathering, in any park shall obtain a permit from the Director.
The procedure for application and consideration of permits for this purpose is as follows:
A. Any person seeking to obtain a permit shall file a written application with the
Director no later than one month prior to the date of the proposed use. The application
shall state the purpose for which the park would be used, the date and time of the
proposed use, the name of the park and the area thereof that would be used, the
anticipated number of persons who would be present, and such other information
reasonably relating to the contemplated use as the Director may require; provided,
however, that said Director may, for good cause shown, waive the one-month
requirement for filing said application.
B. When the proposed use is an exercise of rights protected by the First and
Fourteenth Amendments to the United States Constitution, or Article I, Sections 3, 4, 5,
or 11 of the Washington Constitution, the application shall be processed promptly,
without charging a fee for political or religious activities other than a fee based on the
cost of processing the application, or imposing terms or conditions that infringe
constitutional freedoms, and in a manner that respects the liberties of applicants and the
public.
C. In reviewing an application under this section, the Director shall consider the
following conditions and standards:
1. The size of the park and any specialized purpose for which it is normally used
or for which specialized facilities have been provided;
2. The location of the park, its aesthetic character and physical characteristics,
and the character of the area surrounding it;
3. The anticipated size of the proposed use and assemblage, and activities
associated with the event, including but not limited to the extent of commercial activity,
such as the sales of food, goods, and services; product advertising or promotion, or other
business participation in the event; the use or application of any funds raised;
4. Policing problems that may arise from the intended use;
5. The effect of the intended use, including consideration of the noise to be
expected, upon the adjacent area and its occupants; and
6. Other activities scheduled for the parks at the anticipated time and place.
C. If, under the conditions set forth in subsection B of this section, the Director finds
after an investigation that the safety, comfort, and convenience of the public in the use of
the parks, or in the usage of the area adjacent to the park, would be unduly disturbed, he
DI.C Page 50 of 59
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Ordinance No. 6465
June 3, 2013
Page 4 of 9
or she may deny the application, may impose restrictions upon the permit, or may issue a
permit for a different date, time, park, or park area so as to alleviate such burden. The
Director may issue a permit for use of the park during hours when the park is closed if he
or she approves the application
2.22.050 Permits – Generally.
A. Permits, when required by this chapter, shall be applied for through the Director
unless otherwise provided. The granting or denying of permits shall be based upon the
policies and standards set forth in this chapter. Where fees are required by the City for
the issuance of permits, payment of such fees will be required before permits are issued.
No fee shall be imposed when prohibited by the First and Fourteenth Amendments to the
United States Constitution, or Article I, Section 3, 4, 5, or 11 of the Washington
Constitution other than a fee based on the cost of processing the application. Political or
religious activity intended primarily for the communication or expression of ideas shall
be presumed to be a constitutionally protected event. Factors that may be considered in
evaluating whether or not the fee applies include the nature of the event; the extent of
commercial activity, such as the sales of food, goods, and services; product advertising or
promotion, or other business participation in the event; the use or application of any
funds raised; if part of an annual tradition or a series, previous events in the sequence;
and the public perception of the event.
B. All permits issued by the City shall be subject to other applicable city ordinances
and Park regulations. The persons to whom such permits are issued ("permittees") shall
be bound by said rules, regulations, and ordinances as fully as though the same were
contained in such permits. A permittee shall be liable for any loss, damage, or injury
sustained by any person by reason of the negligence of the permittee, as well as for any
breach of such rules, regulations, or ordinances, to the person or persons so suffering
damages or injury.
C. Permits issued for musical acts or bands shall specify that the noise/sound level
emitting from such act or band shall be no greater than 90 decibels at or beyond 50 feet.
Any person claiming to have a permit from the City must produce and exhibit such
permit upon the request of any authorized person who may desire to inspect the same.
2.22.060 Reserved.
2.22.070 Destruction of park property.
It is unlawful for any person to damage or destroy any real or personal property
within a park or to physically interfere with any City of Auburn employee in the
discharge of his or her duties within a park.
2.22.080 Intoxicating liquors.
The display, possession, or consumption of intoxicating liquors in any park is
prohibited, except in particular areas or facilities which may be expressly designated
from time to time by the Director. Every person who violates any provision of this
section shall be guilty of a civil infraction and shall be fined not more than $100, which
DI.C Page 51 of 59
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Ordinance No. 6465
June 3, 2013
Page 5 of 9
includes all statutory assessments. Whenever any person is stopped for a violation of this
section, the officer may detain that person for a reasonable period of time necessary to
identify the person and check for outstanding warrants.
2.22.090 Selling, advertising, soliciting.
A. No person, except duly authorized concessionaires, and those having a specific
permit, shall sell or offer for sale in any park any goods, refreshments, photographs, or
other articles.
B. Advertising by the distribution, carrying, erection, attachment, or use of a
handbill, sign, or device of any kind in any park is prohibited. It is unlawful to place or
erect a structure of any kind in any park. It shall be unlawful to carry on any activity
whatsoever for compensation or renumeration except upon express authorization of the
Director, including, but not limited to, the sale of goods, wares, merchandise, and
services.
2.22.100 Damage or removal of plants prohibited.
Unauthorized cutting, removal, or destruction of any turf, tree, plant, shrub, flower, or
seaweed on park property is prohibited. While inside any park, having in one's
possession any newly-plucked branch, tree, flower, plant, fungus (mushrooms, shelf
fungus, etc.), algae (seaweed, etc.), or shrub without specific permission shall be
presumptive evidence of such cutting, removal, or destruction.
2.22.110 Disposal of trash.
No person shall throw or leave litter, garbage, trash, or yard waste in or at a park
except in a receptacle provided for that purpose. No person shall deposit on any park
property any household or commercial garbage, refuse, or rubbish which is brought as
such from any private property. The penalty for violation of this section shall be as
provided in ACC 8.16.
2.22.120 Animal control.
A. Unless in a designated off-leash area, dogs and cats must be on a leash no longer
than eight feet or secured inside a vehicle.
B. Animals are not allowed to enter wading pools, ponds, lakes, fountains,
spraygrounds, or any play area designed to utilize water in any park unless in a
designated off-leash area.
C. Any person with an animal in his or her possession shall be responsible for the
conduct of the animal.
D. The provisions of this section do not apply to animals owned or maintained by the
City of Auburn.
E. The Director may prohibit animals, except for service animals as defined in RCW
9.91.170, from events and/or facilities within a park.
F. All provisions of Title 6 of this code remain in full force and effect in all parks
and may be enforced by any police officer or animal control officer.
DI.C Page 52 of 59
------------------------------
Ordinance No. 6465
June 3, 2013
Page 6 of 9
G. Any violation of this section is a class 1 civil infraction unless a different penalty
is provided in Title 6 of this code.
2.22.130 Molesting or feeding animals.
No person shall molest or attempt to touch any bird or wild animal in a park. It shall
be unlawful for any person to give, offer, or attempt to give to any wild animal within the
parks any tobacco, drink, or other article known to be dangerous or noxious to animals.
It is also unlawful to feed any wild bird or animal in a park.
2.22.140 Damage by animals.
Owners of animals damaging or destroying park property will be held liable for the
full value of the property damaged or destroyed, in addition to impounding fees and the
penalty imposed for violation of these provisions.
2.22.150 Prohibitions as to boating, fishing, and swimming.
It is unlawful for any person to boat, fish, wade, swim, scuba dive, snorkel, or bathe
in any park except in the places and at times designated by the Director.
2.22.160 Boats and beaches.
No dock or any other structure shall be built upon any beach unless expressly
authorized. No boat shall be kept for hire or private use upon any waters under the
jurisdiction of the City of Auburn, except as expressly authorized by the Director.
Launching of waterborne craft from any shoreline is prohibited, except for specifically
designated areas or with specific permit issued by the Director. The launching of
waterborne craft, as provided in this section, shall be unlawful if the required fee, as
determined by the Director, has not been paid.
2.22.170 Fires.
A. Fires are prohibited except in picnic stoves or fire pits installed under the
authority of the Director or in portable barbeques. Fires in any other facility or area are
allowed only by special permit. Fires in picnic stoves or portable barbeques may only
utilize propane or charcoal briquettes as fuel; all other fuel sources, including wood, are
specifically prohibited. Portable barbeques may be utilized only for cooking food.
Briquettes must be completely extinguished and properly disposed of or removed from
the park. The Director may further restrict the use of barbeques within any park,
provided that signs are installed to notify patrons of the restrictions.
B. Fires are prohibited during announced burn bans.
2.22.180 Use of certain equipment.
A. It is unlawful for any person to use a slingshot, beanshooter, paintball gun, air
gun, or other similar implement, or golf or archery equipment in or upon any park;
Provided, that such equipment may be used in areas especially designated or provided for
that use, or by specific permit.
DI.C Page 53 of 59
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Ordinance No. 6465
June 3, 2013
Page 7 of 9
B. It is unlawful to conduct organized golf, baseball, tennis, soccer, or other games
of like character, or to hurl or propel any missile into or over any park, except at places
set apart for such purposes.
C. It is unlawful to use motorized model aircraft or watercraft in any park, except as
specifically permitted.
2.22.190 Fireworks.
It is unlawful to carry, shoot, fire, or explode any fireworks or explosives of any kind
in any park.
2.22.200 Vehicular standards.
It is unlawful:
A. to enter or leave a park by other than established entrances and exits.
B. to operate a vehicle or a bicycle in any park, except on roads intended for the
movement of public vehicular traffic, or on roads and trails specifically designated for
special use.
C. to roller-skate or skateboard in parks except in designated areas.
D. to park vehicles in any park except in established parking areas.
E. to park in any park when the park is closed. Any vehicle that is parked in
violation of this subsection may be immediately impounded.
F. to service, wash, wax, or change the oil of any vehicle within a park.
G. to engage in, conduct, or hold any trials or competitions for speed, endurance, or
hillclimbing involving any vehicle, boat, or aircraft in any park without specific permit.
H. to fail to obey the posted speed limits and all other regulatory signs.
2.22.205 Entrance fees.
Where fees are required by the Director for entering any park, it is unlawful to enter
without paying the prescribed fee.
2.22.210 Overnight use.
It is unlawful to camp or set tents or other shelters overnight in any park, unless
authorized by the Director.
2.22.215 Parking fees required.
Where parking fees are required by the Director for parking within any park, it is
unlawful to park without paying the prescribed parking fee. Any person violating this
section shall be deemed to have committed a parking infraction, the penalty for which
shall not exceed the sum of $250.00.
2.22.220 Opening and closing hours.
A. Unless otherwise posted, parks shall open one-half hour before sunrise and close
one-half hour after sunset. Any person entering or remaining in a park when it is closed
is subject to arrest and prosecution for criminal trespass.
DI.C Page 54 of 59
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Ordinance No. 6465
June 3, 2013
Page 8 of 9
B. The Director may extend open hours for sanctioned events, but only that portion
of a park being used for the event will be open beyond normal hours; other areas of such
a park shall remain closed.
C. This section shall not apply to:
1. police officers or park employees while on-duty.
2. sidewalks that are within the right-of-way of a public street, when the street is
not within the boundaries of a park.
2.22.230 Emergency conditions.
A. In case of an emergency, or in case where life and property are endangered, all
persons, if requested to do so by the Director or other Park employee or a police officer,
shall depart from the portion of the grounds specified by such officer or employee, and
shall remain off the same until permission is given to return.
B. Any person who remains on park property after being required to leave by a City
of Auburn employee or by a police officer, or who returns to the park without permission,
is guilty of criminal trespass and may be arrested and prosecuted under the Auburn City
Code. Any juvenile violating this section may be arrested and prosecuted under chapter
9.52 RCW, as currently enacted or hereafter amended.
2.22.250 Penalty for violations.
Unless specifically designated in the Auburn City Code as a gross misdemeanor or
misdemeanor, or if specified to be enforced pursuant to other law, including, but not
limited to, another section, chapter, or title of the Auburn City Code, any violation of this
chapter shall constitute a Class 1 infraction, not to exceed $250, not including statutory
assessments. Such penalty is in addition to any other remedies or penalties provided by
law. For each act herein prohibited of a continuing nature, each day shall be considered a
separate offense
2.22.260 Severability.
If any part, provision, or section of this chapter is held to be void or unconstitutional,
all other parts not expressly so held shall continue in full force and effect.
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
DI.C Page 55 of 59
------------------------------
Ordinance No. 6465
June 3, 2013
Page 9 of 9
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 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
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.C Page 56 of 59
Page 1 of 1
Interoffice Memorandum
To: Councilmember Bill Peloza, Chair, Municipal Services Committee
Councilmember Wayne Osborne and Councilmember John Partridge
From: Daryl Faber
CC: Mayor Pete Lewis
Bob Lee, Police Chief
Date: 10/24/13
Re: Background on Ordinance 6465
In 1982, the Parks and Recreation Board developed the Parks Manual of Policies and
Procedures under the authority of Chapter 2.42 of the Auburn City Code. This manual
has been updated over the years to stay consistent with “best practices” related to the
delivery of Parks and Recreation services. Staff, with shared leadership from the City
Attorneys office and Parks and Recreation Department, reviewed the Parks Codes as
well as Policies and Procedures of other area cities as well as the current practices in the
City of Auburn. The proposed City Code Chapter 2.42 has also been reviewed and
recommended by the City of Auburn Police Department. It should be noted that the
police department has recommended this change in an effort to delineate the
enforcement of Parks “laws” from the parks “policy”.
DI.C Page 57 of 59
AGENDA BILL APPROVAL FORM
Agenda Subject:
Project Matrix
Date:
November 4, 2013
Department:
Police
Attachments:
Project Matrix
Budget Impact:
$0
Administrative Recommendation:
For review and discussion only.
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:November 12, 2013 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 58 of 59
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE
EST.
COMPL.
DATE
STATUS
10P Red Light Photo Enforcement Bob Lee 1/27/2014
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept)
2nd meeting of the month. The amended contract
expires 5/31/14. City will initiate RFP process.
20P Animal Control and Rescue Bob Lee 1/13/2014 On-Going
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept) 1st
meeting of the month.
21P AVHS Board Review and Animal Control
Licensing Program Shelley Coleman 1/27/2014 On-Going Monthly staff report to be provided after the 3rd Thursday
of the month.
24P Fireworks Update Bob Lee 6/9/2014 On-Going The Council Operations Committee/MIT met on 5/28/13.
Further MIT Fireworks improvements were announced.
28 P Solid Waste Rate Review Shelley Coleman 12/9/2013
Through MSWMAC input from other cities will help COA
determine if it will change to direct billing. New rates will
go into effect January 1 (2013 & 2014). Annual rate
increases are planned in the next 4-5 years to end the
commercial subsidy for residential service.
29P Golf Course & Restaurant Working Capital
Review and Future Plans Shelley Coleman 1/27/2014 On-Going
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept)
2nd meeting of the month.
31P Cemetery Update Daryl Faber 1/27/2014 Quarterly update to review Marketing Plan. 2nd meeting
of the month.
NO.ITEM OF INTEREST
3 I Shopping Cart Update Randy Bailey 1/13/2014 January (Prev July-Dec), July (Prev Jan-June).
4 I Ordinance No. 6398 - Pull Tabs Dan Heid 1/13/2014
Annual review of taxation basis to determine if any
changes need to be made -dependent upon status of
economy. Ordinance No. 6398 was enacted 2/21/12.
6I SCORE Jail Stats Shelley Coleman 1/27/2014
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd
meeting of the month. Review SCORE Jail statistics.
7I Concealed Pistol Licenses Benefit Cost
Analysis John Partridge 11/25/2013
Determine if we have appropriate costs for this task.This
item has been assigned to Councilmember Partridge to
take to the Regional Law Safety &Justice Committee
meetings for discussions.
8I Street Sweeping Schedule Randy Bailey 11/25/2013 Review street sweeping schedule.
Last Revision Date: 10/29/13 E:\AGENDA\MunicipalServicesPaperlessPacket\2013\21-November 12\Resources\Matrix 10-29-13.xls
DI.E Page 59 of 59