HomeMy WebLinkAbout11-18-2019 CITY COUNCIL AGENDACity Council Meeting
Nov ember 18, 2019 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
I I I .AP P O I NT M E NT S
A .B oards & Commission A ppointments
City Council to confirm the appointments to the following boards and commissions for
new three-year terms to expire December 31, 2022.
Auburn M unicipal Airport Advisory Board
Dennis Decoteau
Human Services Committee
K elly L indberg
Tourism Board
Diane W itt
Tawyna Hudspeth
Transportation Advisory Board
Riley P atterson: Muckleshoot I ndian Tribal Position
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Ordinance No. 6739 (Gaub)
City Council to hold a public hearing regarding assuming the rights, powers,
functions, and obligations of the Auburn Transportation Benefit District (T B D)
2.2020 P roperty Tax L evy Public Hearing (Thomas)
City Council to hold a public hearing to receive public comments and suggestions
with regard to possible increases in property taxes
Page 1 of 68
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair Wales)
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the October 14, 2019, October 28, 2019 and
November 12, 2019 Study Session
B .Minutes of the November 4, 2019 Regular Council Meeting
C.Claim Vouchers (Thomas)
Claim vouchers list dated November 18, 2019 which includes voucher numbers
456273 through 456434 in the amount of $4,810,508.31 and three wire transfers in the
amount of $545,558.06.
D.P ayroll Vouchers (T homas)
P ayroll check numbers 538675 through 538688 in the amount of $243,089.61,
electronic deposit transmissions in the amount of $2, 085,277.26 for a grand total of
$2,328,366.87 for the period covering October 31, 2019 to November 13, 2019.
E .S etting the P ublic Hearing date for A stound B roadband, L L C
Franchise Renewal (Gaub)
F.S etting the P ublic Hearing date for the Mid-Biennial Review &
Modification of 2019-2020 B iennial B udget (T homas)
G.P ublic Works P roject No. C P 1819 (Gaub)
City Council to approve Change Order No. 2 in the amount of $90,727.00 to Contract
No. 19-02 for work on P roject No. C P 1819, A S T S E Preservation
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
Page 2 of 68
A .Ordinance No. 6739 (Gaub)
A ssuming the rights, powers, functions, immunities, and obligations of the Auburn
Transportation B enefit District
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6739.)
B .Ordinance No. 6742 (Gaub)
Related to infrastructure payback agreements, amending Chapter 3.25 of the Auburn
City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6742.)
C.Ordinance No. 6750 (T homas)
E stablishing the L evy for Regular Property Taxes for 2020 for general City operational
purposes in the amount of $22,368,188
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6750.)
X I .RE S O L UT IO NS
A .Resolution No. 5466 (Faber)
Authorizing an agreement with the Auburn Symphony Orchestra for tourism promotion
services
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5466.)
B .Resolution No. 5471 (Tate)
A uthorizing an agreement with the Washington State Department of Commerce to
accept and expend grant funds for a housing action plan
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5471.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6739 (Gaub)
Date:
November 4, 2019
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Ordinance No. 6739 See Ordinance
No. 6739 for further action on this item.
Background Summary:
Ordinance No. 6739 authorizes the City to assume the rights, powers, functions, and
obligations of the Auburn Transportation Benefit District (TBD).
The City created the Auburn TBD on September 12, 2011. Since the creation of the Auburn
TBD, the legislature has made changes that allow a City with a contiguous boarder to a TBD
to assume the powers and obligations of a TBD. In order to consider this assumption, the
City Council must conduct a public hearing.
The date of the public hearing was set by Resolution No. 5462 on November 4, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 18, 2019 Item Number:PH.1
Page 4 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
2020 Property Tax Levy Public Hearing (Thomas)
Date:
November 4, 2019
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council to conduct a public hearing to receive public comments and suggestions with
regard to possible increases in property taxes.
Background Summary:
This public hearing provides an opportunity for any citizens to make comments or
suggestions regarding revenue estimates and possible increases in property taxes.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:November 18, 2019 Item Number:PH.2
Page 5 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 14, 2019, October 28, 2019 and
November 12, 2019 Study Session
Date:
November 6, 2019
Department:
City Council
Attachments:
10-14-2019 Minutes
10-28-2019 Minutes
11-12-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 18, 2019 Item Number:CA.A
Page 6 of 68
City Council Study Session Community
Wellness Special F ocus Area
October 14, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, J ohn Holman and Yolanda Trout-Manuel.
Councilmember L argo Wales was excused.
The following department directors and staff members were present:
A ssistant City A ttorney Doug Ruth, Director of A dministration Dana
Hinman, Director of Public Works I ngrid Gaub, Director of Community
Development J eff Tate, Planning Services Manager J eff Dixon, Director
of P arks, A rts, and Recreation Daryl Faber, S pecial Events and F armers
Market S pecialist Amanda Valdez, Community Healthcare Consultant P at
B ailey, Real P roperty Analyst J osh A rndt, Airport Manager Tim
Mensonides, Chief of Police B ill Pierson, and City Clerk Shawn Campbell.
Mayor Nancy Backus was absent.
I I .A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS
There were no announcements, reports or presentations.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .No S moking or Vaping in City P arks (Faber) (20 Minutes)
No S moking or Vaping in P arks Discussion
I tem 4.D. was discussed first on the agenda.
Director F aber and Consultant B ailey presented Council with a proposal
for no smoking or vaping in City Parks. Director F aber discussed the
P ark's B oard and Blue Ribbon Committee's recommendation to establish
tobacco smoke free parks. Consultant Bailey reviewed the risks of
smoking, the current laws and City policies, support for smoking/tobacco
free parks, opposition of smoking/tobacco restrictions, communication and
enforcement for new regulations, neighboring communities, determining
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type of ban, sample code language, and the need to determine the type of
code and penalty.
Council discussed students vaping in schools, penalties from other
jurisdictions and if children would be subject to penalties.
B .Modification to the 2020-2025 Transportation I mprovement P rogram (Gaub) (10
Minutes)
E ngineer Webb presented Council with the proposed 2020-2025
Transportation I mprovement P lan modification. He reviewed the A uburn
Way North P reservation P hase 2 project, the 49th Street NE
improvements, the regional growth center access improvements, 15th
S treet NW and S R 167 improvements and the 2nd S T S E preservation
project.
Council discussed the projects and the best projects for funding.
C.Resolution No. 5458 (Hinman) (10 Minutes)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to negotiate and execute an Airport Office and A pron L ease with Normandy
A ircraft
P roperty Analyst Arndt and Airport Manager Mensonides discussed a
proposed new tenant at the A uburn Municipal Airport and the terms of the
lease.
D.Ordinance No. 6728 (Tate) (15 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to land
use development regulations related to mixed-use development; amending chapters
18.08, 18.23, and 18.57 of the A uburn City Code and Exhibit 1 to Ordinance No. 6382
Manager Dixon reviewed the proposed zoning code text changes and the
changes to Auburn City Code.
Council discussed future policy changes.
Deputy Mayor Peloza called for a 5 minute recess at 6:44 pm. He reconvened
the meeting at 6:49 pm.
I V.C O MMUNI T Y W E L L NE S S D I S C US S I O N I T E MS
A .Community Needs A ssessment P resentation (Tate) (20 Minutes)
A presentation from Cloudburst Consulting Group on the findings and
recommendations from the Auburn Community Needs Assessment.
Councilmember Trout-Manuel chaired this portion of the meeting.
Director Tate introduced J oel Warren and J ulie McF arland from
Cloudburst Consulting. They reviewed how the Community P rofile for the
Community Needs A ssessment was complied, the trends, community
needs by topic and housing needs, income, homelessness in the
Page 2 of 4Page 8 of 68
region and the Community Needs S urvey results.
Ms. Mc Farland shared the community engagement portion for the
survey and recommendations from Cloudburst including: increase funding,
prioritize and expand shelter and housing options, ensuring strong housing
location services, additional affordable housing, expanding access for
basic needs, access to resource information and navigation for community
support, safe parking options for people living in their cars, adopt clear
outcome-focused list for Human Services F unding Priorities, additional
messaging and strategic communications.
Ms. Mc Farland reviewed the budget recommendations, prioritizing existing
staff time, focus efforts to increase service provided participation in the
housing management information system and create a clear and concise
communication with residents around Human S ervices priorities.
B .J oint Meeting with the Human S ervices Committee (Tate) (30 Minutes)
Roundtable discussion between the Human Services Committee & the City Council.
Councilmember Trout-Manuel called the J oint Meeting with the Human S ervice
Committee to order at 7:28 pm.
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry Brown,
Claude DaCorsi, J ohn Holman and Yolanda Trout-Manuel. Councilmember
L argo Wales was excused.
B oardmembers present: S hanece Dedeaux, B arbara Derda, Tammy
Gourdin, S ue Miller, S hawn P arkhurst Paton and J oA nne Walters.
B oardmembers J ason Berry and L ela B rugger were excused.
Director Tate explained the goal of this joint meeting is to allow the Council
and the Human S ervices Committee an opportunity to discuss shared
goals.
Councilmembers and B oardmembers discussed the need for additional
funding, needs besides housing, setting Human Services F unding to a
per-capita amount rather then a percentage amount.
There being no further discussion, the joint meeting was adjourned at 7:59p.m.
Councilmember Trout-Manuel called for a 5 minute recess at 7:59 pm. S he
reconvened the meeting at 8:04 pm.
C.C D B G Consolidated Plan and 2020 A nnual A ction Plan (Tate) (20 Minutes)
A n overview of the 2020-2024 City of Auburn C D B G Consolidated P lan, including the
2020 A nnual A ction Plan and the King County Consortium A nalysis of I mpediments to
Fair Housing Choice
Community Services Manager S cott presented Council with the
Consolidated P lan for the C D B G F unds. She reviewed the process and
Page 3 of 4Page 9 of 68
the requirements to receive C D B G funds, the timeline, what shaped the
Consolidated P lanning and process input, the overarching goals for the
consolidated plan, impediments to fair housing choice and the 2020
A nnual A ction Plan.
D.A uburn Farmers Market Season (Faber) (10 Minutes)
Director F aber and Specialist Valdez provided Council an update on the
2019 A uburn I nternational Farmers Market. They reviewed the Auburn
Farmers Market Mission, customer counts, season totals, vendor sales,
the 2019 expansion, food options at the market and plans for next year.
Council thanked S pecialist Valdez for her work on this project.
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion items.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Councilmember Trout-Manuel reported on a conversation she had with the
Washington State D O T regarding loitering in the state right of way.
Council discussed the Matrix, they removed the A uburn Ave T heater and
the domestic violence updates and added a W R I A 9 presentation for
2020.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting was adjourned at 8:40 p.m.
A P P R O V E D this 18th day of November, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 10 of 68
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
October 28, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, J ohn Holman, and Yolanda Trout-Manuel.
Councilmember L argo Wales was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: City Attorney Steve Gross, Director of Finance
J amie T homas, Director of Administration Dana Hinman, Director of
P ublic Works I ngrid Gaub, Director of Community Development J eff Tate,
E conomic Development Manager Doug L ien, Real Property A nalyst J osh
A rndt, E conomic Development Coordinator Tanya Carter, P lanning
S ervices Manager J eff Dixon, Development S ervices Manager J ason
K rum, S enior Planner T haniel Gouk, Customer Care Manager Brenda
Goodson-Moore, Solid Waste and Recycling Supervisor J oan Nelson,
P olice Commander Mike Hirman, and Deputy City Clerk Teresa Mattingly.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There were no announcements, reports or presentations.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .YMC A Healthy K ids Campus Update (Hinman) (20 Minutes)
YMC A Healthy K ids Campus Update
J ason Berry, E xecutive Director of the Auburn Valley YMC A , provided
Council with an update on the YMC A Healthy Kids Campus expansion
project and requested the City of A uburn invest $150,000 over the next
two years.
Council discussed services provided by the YMC A and confirmed there
are services available to domestic violence victims and their families.
Page 1 of 3Page 11 of 68
B .Council Rules - 2019 Amendment (Gross) (20 Minutes)
P roposed Revisions to Council Rules
I tem I V.C was discussed second on the agenda.
City Attorney Gross reviewed proposed revisions to the Council Rules of
P rocedure.
Council discussed the proposed revisions; election of a new Deputy
Mayor before the end of year, titles of ordinances or resolutions, public
comment and a silent vote does not count as a yes vote.
C.P otential A ssumption of Auburn Transportation Benefit District (Gaub) (10 Minutes)
Director Gaub and Director Thomas provided Council with an update on
the A ssumption of Auburn Transportation Benefit District into the City and
discussed the benefits of assuming the Transportation Benefit District and
how the City will proceed.
D.Ordinance No. 6733 Shoreline Master P rogram (S MP) P eriodic Update and
A ssociated Updates to the Critical A reas Ordinance (C A O) (Tate) (15 Minutes)
P lanner Gouk and Manager Dixon reviewed Ordinance No. 6733
S horeline Master Program (S MP ) Periodic Update and the A ssociated
Updates to the Critical Areas Ordinance. Planner Gouk discussed the
proposed updates, modest home provision, wetland buffer widths, stream
buffer widths, critical aquifer recharge areas and the P lanning
Commission's recommendation.
Council thanked the Planning Commission for all their work.
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .S olid Waste Contract P rocurement (T homas) (15 Minutes)
Deputy Mayor Peloza called for a 5 minute recess at 7:13pm, the meeting
reconvened at 7:18 p.m.
Councilmember Holman presided over this portion of the meeting.
Manager Goodson-Moore and Supervisor Nelson provided Council with
an update on the Solid Waste Contract Procurement and discussed the
request for proposal schedule.
B .2019 A uburn Tourism Update (Hinman) (15 Minutes)
Manager L ien and Coordinator Carter provided Council with a 2019
A uburn Tourism update. T hey explained the B oard decides what projects
to fund each year, how to fund these activities, current board members,
2019 tourism strategies, tourism demand generators, improving visitor
Page 2 of 3Page 12 of 68
experience and next steps for 2020.
Council discussed the option of promoting the World Cup in 2026 and the
City of Auburn's relationship with "dogpatch L abs" from I reland.
C.2019 Business I mprovement A rea Update (Hinman) (15 Minutes)
A nalyst A rndt and Business I mprovement A rea (B I A) Chairperson
Giovanni DiQuattro provided Council with a 2019 B usiness I mprovement
A rea and Auburn Downtown Association (A D A ) update. T hey discussed
the purpose of the B I A and B I A funds, yearly assessments and
exemptions, current committee members, 2019 B I A funded projects and
partnerships, the purpose of the A D A, the A D A events and upcoming
projects.
Council discussed new L E D lighting, bike storage and requested a
breakdown of how much each funded project received in 2019 from the
B I A.
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion items.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the Matrix, no changes were made.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting was adjourned at 7:45 p.m.
A P P R O V E D this 18th day of November, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 13 of 68
City Council Study Session P W C D S FA
Nov ember 12, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, J ohn Holman and Yolanda Trout-Manuel.
Councilmember L argo Wales was excused.
The following department directors and staff members were present:
A ssistant City A ttorney K endra Comeau, Director of Community
Development J eff Tate, Director of P ublic Works I ngrid Gaub, Director of
P arks Arts and Recreation Daryl Faber, Director of F inance J amie
Thomas, P olice Commander J amie O'Neil, Assistant Director of Public
Works J acob S weeting, Utilities Engineering Manager L isa Tobin, Senior
Traffic Engineer J ames Webb and City Clerk Shawn Campbell. Mayor
Nancy B ackus arrived at 6:00 pm.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There were no announcements, reports or presentations.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6750 (T homas)(10 Minutes)
E stablishing the 2020 regular property tax levy in the amount of $22,368,188
Director T homas provided Council with a presentation on the 2020
Revenue S ources and Mid-B iennial B udget. S he explained there will be
three Council actions one for the property tax levy, and two budget
adjustments. S he reviewed the 2020 property tax levy, Mid-B iennial
B udget adjustment, and the year end budget adjustment.
B .Ordinance No. 6751 (T homas)(5 Minutes)
A mending the 2019-2020 B iennial B udget Ordinance
S ee ordinance No. 6750.
Page 1 of 3Page 14 of 68
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .Resolution No. 5466 (Faber)(15 Minutes)
A presentation from the Auburn Symphony Orchestra regarding their recent performing art
season and discussion of the draft contract with the Orchestra for 2020
Councilmember DaCorsi chaired this section of the meeting.
Director F aber, A uburn S ymphony Board P resident, Cindy
L ein and Auburn Symphony Orchestra Executive Director, Rachel Perry
presented Council with a review of the 2019 season and a working plan for
the 2020 season.
B .Ordinance No. 6742 (Gaub)(5 Minutes)
A mending Code provisions related to infrastructure payback agreements
Manager Tobin presented Council with proposed changes to the Auburn
City Code regarding payback agreements.
C.Transportation I mpact Fee Update (Gaub)(15 Minutes)
E ngineer Webb presented Council with the Transportation I mpact F ee
update. He explained the funding need has increased and the
Transportation I mpact Fees would need to be increased to meet the
additional need.
D.Facility E xtension Permit Fees (Gaub)(15 Minutes)
Director Tate and A ssistant Director S weating presented Council with the
Faculty E xtension F ee update. T hey reviewed what a Faculty (FA C)
encompasses and the proposed changes to the fee structure. W ith the
proposed fee increases the City would have 100% cost recovery plan
review.
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion items.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the matrix, no changes were made.
V I I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 7:13 p.m.
Page 2 of 3Page 15 of 68
A P P R O V E D this 18th day of November, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 16 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the November 4, 2019 Regular Council Meeting
Date:
November 12, 2019
Department:
City Council
Attachments:
11-04-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 18, 2019 Item Number:CA.B
Page 17 of 68
City Council Meeting
Nov ember 4, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet, and led those
in attendance in the Pledge of Allegiance.
B .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, J ohn Holman and Yolanda Trout-Manuel.
Councilmember L argo Wales was excused.
Mayor Nancy Backus and the following department directors and staff
members were present: City Attorney Steve Gross, Director of Finance
J amie T homas, Director of Human Resources & Risk Management
Candis Martinson, Director of P ublic Works I ngrid Gaub, Director of
Community Development J eff Tate, Director of Parks, Arts, and
Recreation Daryl F aber, Director of I nnovation & Technology David Travis,
Community Healthcare Consultant P at B ailey, Chief of P olice Bill P ierson,
and City Clerk S hawn Campbell.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
There were no announcements, reports or presentations.
I I I .AP P O I NT M E NT S
There were no appointments.
I V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
Page 1 of 6Page 18 of 68
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
B ruce Wandler, 34017 133rd Ave S E , Auburn
Mr. Wandler spoke about prohibiting smoking and vaping in City Parks.
E lias Barrera, 1001 37th S T S E , Auburn
Mr. Barrera spoke about prohibiting smoking and vaping in City Parks.
E laine K itamura, 701 2nd Ave, S eattle
Ms. K itamura spoke about prohibiting smoking and vaping in City P arks.
Novilyn delaP ena, 401 5th Ave Ste. #3 S eattle
Ms. delaP ena spoke about prohibiting smoking and vaping in City P arks.
Van Nguyen, 2 E ast Main Street
Ms. Nguyen spoke about prohibiting smoking and vaping in City P arks.
B ob Z immerman, 33029 46th Place S, A uburn
Mr. Z immerman spoke about safety concerns.
J onna Chissum, 1102 Auburn Way S , Auburn
Ms. Chissum spoke about services offered at the King County L ibrary and
prohibiting smoking and vaping in City Parks.
Tamara Garcia, 401 37th S t S E , Auburn
Ms. Garcia spoke about prohibiting smoking and vaping in City Parks.
L eticia Mendez, 1901 37th Way S E, A uburn
Ms. Mendez spoke about prohibiting smoking and vaping in City Parks.
Maricela Tafollu, 401 37th Way S E, A uburn
Ms. Tafollu spoke about prohibiting smoking and vaping in City Parks.
Marie P once, 223 D S t S E , Auburn
Ms. P once spoke about prohibiting smoking and vaping in City Parks.
Virginia Haugen, 2503 R S T S E, A uburn
Ms. Haugen spoke about the lease on the A uburn Ave T heater.
C.Correspondence
L etters regarding smoking and vaping from the Puget Sound Clean A ir
A gency and the A merican Heart A ssociation were provided to Council.
Page 2 of 6Page 19 of 68
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair Wales)
Councilmember DaCorsi, Vice Chair of the F inance ad hoc committee,
reported he and Councilmember Wales have reviewed the claims and
payroll vouchers described on the Consent Agenda this evening and
recommended their approval.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the October 21, 2019 Regular Council Meeting
B .Claim Vouchers (Thomas)
Claim vouchers list dated November 4, 2019 which includes voucher numbers 456099
through 456272, in the amount of $868,491.95 and six wire transfers in the amount of
$849,404.37
C.P ayroll Vouchers (T homas)
P ayroll check numbers 538659 through 538674 in the amount of $572,220.50,
electronic deposit transmissions in the amount of $2,015,857.72 for a grand total of
$2,588,078.22 for the period covering October 17, 2019 to October 30, 2019
D.2020 Property Tax L evy P ublic Hearing (T homas)
City Council to call for a public hearing to receive public comments and suggestions
with regard to possible increases in property taxes
Deputy Mayor Peloza moved and Councilmember B aggett seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
Page 3 of 6Page 20 of 68
X .O RD INANC E S
A .Ordinance No. 6733 (Tate)
A n Ordinance of the City Council of the City of A uburn, Washington, related to the
S horeline Master Program; and amending Chapter 16.10 of the A uburn City Code, and
repealing and reenacting Chapter 16.08 of the Auburn City Code
Councilmember DaCorsi moved and Councilmember Holman seconded to
adopt Ordinance No. 6733.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Ordinance No. 6747 (F aber)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to tobacco
use in public parks, and amending chapter 2.22 of the Auburn City Code
Councilmember Trout-Manuel moved and Councilmember Baggett
seconded to adopt Ordinance No. 6747.
Councilmember B rown moved to amend the Class 3 Civil I nfraction to a
Class 4 Civil I nfraction. Councilmember Trout-Manuel seconded.
Councilmember B rown stated he does not want to have a legal financial
obligation connected with the prohibition.
City Attorney Gross explained the difference between a Class 3 and a
Class 4 Civil I nfraction.
Councilmember Trout-Manuel asked about the ability to do community
services in lieu of a fine.
Councilmember Holman spoke about the need for penalties associated
with a violation.
A ME ND E D MO T I O N FA I L E D. 3-3
Councilmembers DaCorsi, Trout-Manuel and Brown voted no.
Deputy Mayor Peloza and Councilmembers Holman and Baggett voted
yes.
MA I N MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .RE S O L UT IO NS
A .Resolution No. 5462 (Gaub/Thomas)
A Resolution of the City Council of the City of A uburn, Washington, establishing a
hearing date to consider an Ordinance authorizing the City to assume the rights,
powers, functions, and obligations of the A uburn Transportation B enefit District
Deputy Mayor Peloza moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5462.
Page 4 of 6Page 21 of 68
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5467 (Faber)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an agreement between the City of A uburn and the Washington
Department of Commerce to accept and expend grant funds for interior restoration of
the A uburn Arts and Culture Center
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5467.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5468 (Faber)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to negotiate and execute an agreement between the City of Auburn and King
County to accept and expend grant funds for the coordination and provision of services
for seniors
Councilmember B rown moved and Councilmember B aggett seconded to
adopt Resolution No. 5468.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
D.Resolution No. 5469 (Gross)
A Resolution of the City Council of the City of A uburn, Washington, amending the City
Council rules of procedure
Deputy Mayor Peloza moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5469.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor Peloza reported he attended the opening of NO V US
A utoglass Company.
Councilmember B rown reminded everyone to vote Tuesday, November
5th.
B .From the M ayor
Mayor Backus shared information about a Homelessness Governance
Model and reported that she attended the Auburn F ood B ank's 26th Annual
Harvest B reakfast and the second session of the I nclusive A uburn
Page 5 of 6Page 22 of 68
E xecutive P rofessional Development program with E quity and I mplicit B ias
Consultant Bernardo Ruiz. Mayor B ackus also reminded everyone this
S aturday is the Veterans Day P arade.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 8:01 p.m.
A P P R O V E D this 18th day of November, 2019.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 23 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
November 13, 2019
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers
Background Summary:
Claim vouchers list dated November 18, 2019 which includes voucher numbers 456273
through 456434 in the amount of $4,810,508.31 and three wire transfers in the amount of
$545,558.06
.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:November 18, 2019 Item Number:CA.C
Page 24 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
November 13, 2019
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers
Background Summary:
Payroll check numbers 538675 through 538688 in the amount of $243,089.61, electronic
deposit transmissions in the amount of $2, 085,277.26 for a grand total of $2,328,366.87 for
the period covering October 31, 2019 to November 13, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:November 18, 2019 Item Number:CA.D
Page 25 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting the Public Hearing date for Astound Broadband, LLC
Franchise Renewal (Gaub)
Date:
November 4, 2019
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council set the date of the Public Hearing for renewal of Franchise Agreement No.
FRN19-0015 for Astound Broadband, LLC.
Background Summary:
City Council will set the date of the public hearing for renewal of Franchise Agreement No.
FRN19-0015 for Astound Broadband, LLC for December 2, 2019 at 7:00 pm in Council
Chambers.
Astound Broadband, LLC has applied for renewal to their existing Franchise Agreement to
continue to operate within the City’s rights of way a telecommunications system throughout
the City. Per Auburn City Code 20.06.140 a public hearing shall be held prior to granting or
denying renewal of a Franchise Agreement.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 18, 2019 Item Number:CA.E
Page 26 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting the Public Hearing date for the Mid-Biennial Review &
Modification of 2019-2020 Biennial Budget (Thomas)
Date:
November 4, 2019
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council to call for a public hearing to be held December 2, 2019 to receive public
comments and suggestions with regard to the proposed modifications to the 2019-2020
Biennial Budget, including revenue estimates and possible increases in property taxes.
Background Summary:
This is the public hearing to provide any citizens an opportunity to make comments or
suggestions regarding the mid-biennial correction prior to its adoption.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:November 18, 2019 Item Number:CA.F
Page 27 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1819 (Gaub)
Date:
November 7, 2019
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$60,600.00
Administrativ e Recommendation:
City Council approve Change Order No. 2 in the amount of $90,727.00 to Contract No. 19-02
for work on Project No. CP1819, A ST SE Preservation.
Background Summary:
This project is restoring 4.77 lane miles (0.95 CL Miles) of roadway, upgrading approximately
40 curb ramps, and replacing approximately 1,000 feet of water main on A Street SE from
East Main Street to 17th Street SE. Pavement replacement between 6th Street SE and 17th
Street SE is complete with minor items remaining. Water main replacements are expected to
be complete by the end of this year. The remaining pavement restoration work between E
Main Street and 6th Street SE is anticipated to be completed in the Spring of 2020.
This Change Order No. 2 requires Council approval because it would exceed the maximum
contract amount set forth in ACC 3.10.026. This change order is needed due to the following:
Quantity overruns due to large areas of pavement that were not originally anticipated to
require repair, but failed during construction and required replacement.
Unforeseen underground utility conflicts during the water main installation along A Street
SE. Additional efforts including traffic control were needed to deal with the conflicts and
removal of obstructions.
Budget Considerations:
Additional 105 Arterial Street funds in the amount of $60,600 is needed to fund this change
order and is included in upcoming Budget Amendment No. 4.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 18, 2019 Item Number:CA.G
Page 28 of 68
Page 29 of 68
1 of 1
Project No: CP1819 Project Title: A Street SE Preservation
Project Manager: Kim Truong
Budget Update
Project Initiation (PMP) Date: June 29, 2018 Advertise
Advertisement Date: May 1, 2019 Contract Award
Award Date: June 3, 2019 Change Order Approval
Contract Final Acceptance
Funding 2018 (actual) 2019
2020 Total
105 Fund - Arterial Preservation 10,858 1,020,942 0 1,031,800
105 Fund - Federal Grant 69,570 812,231 0 881,800
460 Fund - Water 12,517 642,483 0 655,000
461 Fund - Sewer 20,000 0 20,000
462 Fund - Storm 160,000 0 160,000
Total 92,944 2,655,656 0 2,748,600
Activity 2018 (actual) 2019
2020 Total
Design Engineering - City Costs 92,944 54,497 0 147,440
Construction Contract 0 2,289,695 0 2,289,695
Authorized Construction Contingency Remaining 0 104,124 0 104,124
Change Order #1 20,495 20,495
Change Order #2 90,727 90,727
Materials Testing 0 14,010 0 14,010
Other - Services and Permits 0 15,178 0 15,178
Construction Engineering - City Costs 0 127,530 0 127,530
Total 92,944 2,716,256 0 2,809,200
2018 (actual) 2019
2020 Total
*105 Funds Budgeted ( )(80,427) (1,833,172) 0 (1,913,599)
105 Funds Needed 80,427 1,893,772 0 1,974,199
*105 Fund Project Contingency ( )(0) 0 0 0
105 Funds Required 0 60,600 0 60,600
2018 (actual) 2019
2020 Total
*460 Funds Budgeted ( )(12,517) (642,483) 0 (655,000)
460 Funds Needed 12,517 642,483 0 655,000
*460 Fund Project Contingency ( )0 0 0 0
460 Funds Required 0 0 0 0
2018 (actual) 2019
2020 Total
*461 Funds Budgeted ( )0 (20,000) 0 (20,000)
461 Funds Needed 0 20,000 0 20,000
*461 Fund Project Contingency ( )0 0 0 0
461 Funds Required 0 0 0 0
2018 (actual) 2019
2020 Total
*462 Funds Budgeted ( )0 (160,000) 0 (160,000)
462 Funds Needed 0 160,000 0 160,000
*462 Fund Project Contingency ( )0 0 0 0
462 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
ENG-270, Revised 12/17
461 Sewer Budget Status
462 Storm Budget Status
105 Arterial Preservation/Federal Grant Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
Updated: November 7, 2019
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Page 30 of 68
A Street SE Preservation Project - Phase 3 (East Main St to 17th St SE)
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/4/2016
Page 31 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6739 (Gaub)
Date:
November 4, 2019
Department:
Public Works
Attachments:
Ordinance No. 6739
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6739.
Background Summary:
Ordinance No. 6739 authorizes the City to assume the rights, powers, functions, and
obligations of the Auburn Transportation Benefit District (TBD).
The City created the Auburn TBD on September 12, 2011. In 2015, the legislature changed
the law to allow that a City with the same boundaries as the TBD may assume the rights,
powers, functions, and obligations of that TBD.
At this time, the Auburn TBD has enacted no funding revenue options and has not collected
or spent any funds, it does not have any contracts, it has not committed to any projects, and
does not have any assets.
By taking advantage of the 2015 legislative change, the City’s financial reporting obligations
would be streamlined. Total debt capacity for the TBD would be limited to the City’s debt
capacity, but neither the City nor the TBD has the funding capacity to leverage the full debt
capacity allowed by law.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 18, 2019 Item Number:ORD.A
Page 32 of 68
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 1 of 4 Rev. 2019
ORDINANCE NO. 6739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ASSUMING THE RIGHTS,
POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS
OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT
WHEREAS, on September 19, 2011, the City Council adopted Ordinance No. 6377
creating the Auburn Transportation Benefit District ("Auburn TBD") with geographical
boundaries comprised of the corporate limits of the City, all in accordance with chapter
36.73 RCW; and
WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second
Engrossed Substitute Senate Bill 5987 (SESSB 5987) codified in Chapter 36.74 RCW,
which, in Section 36.74.030, authorizes the City to assume the rights, powers, functions,
and obligations of the existing Auburn TBD; and
WHEREAS, the Auburn Transportation District does has not collected or spent any
funds, does not have any contracts, has not committed to any projects, and does not have
any assets; and
WHEREAS, on November 4, 2019, the City Council adopted Resolution No. 5462,
the City declared its intent to conduct a public hearing to consider the proposed
assumption of the rights, powers, functions, and obligations of the existing Auburn TBD;
and
WHEREAS, on November 18, 2019, the City Council conducted the public hearing
allowing all persons interested in the proposed assumption the opportunity to be heard;
and
Page 33 of 68
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 2 of 4 Rev. 2019
WHEREAS, the City Council has determined that the public interest and welfare
will be satisfied by the City assuming the rights, powers, immunities, functions, and
obligations of the existing Auburn TBD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Assumption of Auburn Transportation Benefit District. Pursuant
to RCW 36.74.020, the City of Auburn hereby assumes all of the rights, powers,
immunities, functions, and obligations of the Auburn TBD. The City is hereby vested with
each and every right, power, immunity, function, and obligation currently granted to or
possessed by the Auburn TBD as of the effective date of this Ordinance. The rights,
powers, functions, and obligations previously exercised and/or performed by the
governing body of the Auburn TBD are hereby assumed by and transferred to the Auburn
City Council.
Section 2. Amendment to Auburn City Code. Chapter 3.23 of the Auburn City
Code is amended to read as set forth in Exhibit A.
Section 3. Rules, Regulations, Pending Business, and Contracts. Pursuant
to RCW 36.74.050, all rules and regulations and all pending business before the board of
the Auburn TBD shall be continued and acted upon by the City Council. In addition,
pursuant to Section 305(2), all existing contracts and obligations of the Auburn TBD
remain in full force and effect and must be performed by the City. The assumption does
not affect the validity of any official act performed by any official or employee prior to the
assumption authorized under the law.
Page 34 of 68
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 3 of 4 Rev. 2019
Section 4. Records of the Auburn TBD. Pursuant to RCW 36.74.060, all
reports, documents, surveys, books, records, files, papers, or other writings relating to
the administration of the powers, duties, and functions available to the Auburn TBD must
be made available to the City.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 7. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 35 of 68
--------------------------------
Ordinance No. 6739
October 18, 2019
Page 4 of 4 Rev. 2019
Published: ____________________
Page 36 of 68
ORD 6739 EXH. A
Ch. 3.23 Transportation Benefit District | Auburn City Code Page 1 of 3
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17, 201…
Chapter 3.23
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.23.010 Assumption of powers and functions of Transportation Bbenefit dDistrict established.
3.23.020 Governing board.
3.23.030 Authority of the district.
3.23.040 Use of funds.
3.23.050 Dissolution of district.
3.23.060 Liberal construction.
3.23.010 Assumption of powers and functions of Ttransportation benefit district
established.
As authorized by Chapter 36.74.030 of the Revised Code of Washington, the City of Auburn assumes all
rights, powers, immunities, functions, and obligations that were possessed and exercised by the There is
created a transportation benefit district to be known as the Auburn tTransportation bBenefit dDistrict .or
“district” with geographical boundaries comprised of the corporate limits of the city as they currently exist or
as they may exist following future annexations. All actions of the city taken under the authority conferred on a
transportation benefit district will be specifically identified. (Ord. 6377 § 3, 2011.)
3.23.020 Governing board.
A. The governing board of the transportation benefit district shall be the Auburn city council acting in an ex
officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in
Chapter 36.73 RCW.
B. Meetings of the TBD board shall be governed by the procedural rules applicable to meetings of the city
council, as these rules may be amended by the city council from time to time. TBD board actions shall be
taken in the same manner and follow the same procedure as for the adoption of city council resolutions.
Meetings of the TBD board shall, whenever possible, take place on the same dates scheduled for city council
meetings.
Page 37 of 68
ORD 6739 EXH. A
Ch. 3.23 Transportation Benefit District | Auburn City Code Page 2 of 3
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17, 201…
C. The mayor shall serve as the chair of the TBD board and shall preside over all meetings of the TBD board.
D. Auburn city attorney will serve as legal advisor to the TBD board, except where separate counsel is
engaged by the TBD or the city attorney has a conflict of interest.
E. The treasurer of the transportation benefit district shall be the city finance director.
F. The board shall develop a material change policy to address major plan changes that affect project delivery
or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1).
G. The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).
H. The board may authorize an advisory committee, consisting of up to seven city residents who are
stakeholders in the city’s arterial system, to advise the board as requested on matters relating to project
priorities and material changes. Advisory member candidates shall be nominated by the mayor and confirmed
by the board. (Ord. 6377 § 3, 2011.)
3.23.030 Authority of the district.
The board city shall have and may exercise any powers provided by law to fulfill the purpose of the district.
(Ord. 6377 § 3, 2011.)
3.23.040 Use of funds.
The funds generated under the authority granted to a by the transportation benefit district may be used for any
purpose allowed by law including to operate the district and to making e transportation improvements that are
consistent with existing state, regional, and local transportation plans and necessitated by existing or
reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements
funded by under the authority of a district shall be made in an effort to protect the city’s long-term investments
in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal
performance of the infrastructure over time, to avoid more expensive infrastructure replacements in the future
and to improve modal connectivity within the city of Auburn. Additional transportation improvement projects
of the district may be funded only after compliance with the provisions of RCW 36.73.050(2). (Ord. 6377 § 3,
2011.)
Page 38 of 68
ORD 6739 EXH. A
Ch. 3.23 Transportation Benefit District | Auburn City Code Page 3 of 3
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17, 201…
3.23.050 Dissolution of district.
The transportation benefit district shall be automatically dissolved, pursuant to the procedures set forth in
Chapter 36.73 RCW, when all indebtedness of the district has been retired and when all of
the district’s anticipated responsibilities have been satisfied. (Ord. 6377 § 3, 2011.)
3.23.0650 Liberal construction.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the
accomplishment of its purposes. (Ord. 6377 § 3, 2011.)
The Auburn City Code is current through Ordinance 6719, and legislation passed through June 17,
2019.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the
city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Code Publishing Company
Page 39 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6742 (Gaub)
Date:
November 7, 2019
Department:
Public Works
Attachments:
Ordinance No. 6742
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6742.
Background Summary:
Under Washington state law, a developer or property owner (“applicant”) has the right to seek
reimbursement from other property owners (“benefited properties”) who later connect to the
public streets or utilities that the applicant constructed as part of the applicant’s property
development. The payback agreement between the City and the applicant provides the
mechanism for the City to collect the reimbursement from the benefited properties as a
condition of service, and to provide the reimbursement to the applicant.
Ordinance No. 6742 authorizes modifications to ACC 3.25 to provide more efficient
administration of the payback agreement process for the city and the developer by linking
portions of the payback process to key milestones in the applicant’s property development
process.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:November 18, 2019 Item Number:ORD.B
Page 40 of 68
--------------------------------
Ordinance No. 6742
October 18, 2019
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6742
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON RELATED TO
INFRASTRUCTURE PAYBACK AGREEMENTS,
AMENDING CHAPTER 3.25 OF THE AUBURN CITY CODE
WHEREAS, Chapter 3.25 of the Auburn City Code authorizes developers, property
owners, and the City who build improvements to the City’s infrastructure to recover a
portion of their costs from other property owners that benefit from those improvements
through a Payback Agreement with the City; and,
WHEREAS, after reviewing the current process, staff recommends adding
clarifying language to Chapter 3.25 of the Auburn City Code that will assist the City’s
administration of the Payback Agreement and Facility Extension Agreement processes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 3.25 of the Auburn City Code
is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 41 of 68
--------------------------------
Ordinance No. 6742
October 18, 2019
Page 2 of 2 Rev. 2019
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Published: ____________________
Page 42 of 68
ORD 6742 EXHIBIT A
Page 1 of 4
ORD 6742
EXHIBIT A
Chapter 3.25
PAYBACK AGREEMENTS
Sections:
3.25.010 Purpose.
3.25.020 Definitions.
3.25.030 City funding.
3.25.040 Agreement– When mandatory.
3.25.050 City engineer’s authority.
3.25.060 Application– Process.
3.25.070 Costs eligible for reimbursement.
3.25.080 Formation of reimbursement area.
3.25.090 Contract execution and recording.
3.25.100 Implementation of agreement.
3.25.010 Purpose.
The purpose of this chapter is to provide a mechanism to reimburse an eligible applicant
and/or the city for costs associated with the construction of public street or public utility
system improvements. This chapter is intended to implement the provisions of Chapters
35.72 and 35.91RCW as presently adopted or as may be subsequently amended. (Ord.
6696 § 1 (Exh. A), 2018; Ord. 6512 § 1, 2014.)
3.25.020 Definitions.
A. Use of Words and Phrases. As used in this chapter, unless the context or subject
matter clearly requires otherwise, the words or phrases defined in this section have the
indicated meanings.
B. “Applicant” means the owner, developer, or building permit applicant who is required
by any ordinance of the city to construct improvements as a prerequisite of property
development. Street or utility improvements constructed in order to comply with the
city’s subdivision code, zoning code, comprehensive plan, and ACC Title 12 or 13 are
declared to be prerequisites to further property development for the purposes of RCW
35.72.010 and 35.91.020(1)(a).
C. “Assessment reimbursement area” means all real properties that will benefit from a
street or utility system improvement.
D. “Connection” for utility services means the initial provision of water, sewer or storm
drainage service for an individual property after the issuance of an appropriate permit
under Chapter 13.06 or 13.20 ACC, where the property benefits from utility services as
described in ACC 3.25.100, and which results in the creation of a utility payment
Page 43 of 68
ORD 6742 EXHIBIT A
Page 2 of 4
account with the city, and service fees being assessed under that account. Connection
does not include the physical tie-in or attachment of mainline water, sewer, or storm
drainage infrastructure to the city’s system or to infrastructure being dedicated or
conveyed to the city after construction of that infrastructure that is required under
Chapter 13.40 ACC.
E. “Facility (FAC) extension agreement” means an agreement between the city and the
developer, as defined in Chapter 13.40 ACC, for the city to accept the public portions of
facilities constructed by the developer.
EF. “Payback agreement” means contracts authorized by Chapters 35.72 and 35.91
RCW and this chapter, as presently adopted or as may be subsequently amended, for
transportation or utility system improvements.
FG. “Transportation system improvements” means those improvements to the public
street transportation facilities including, but not limited to, paving, installation of curbs,
gutters, storm drainage, sidewalks, street lights, right-of-way landscaping, traffic signals,
and traffic control signs and markings.
GH. “Utility system improvements” means those improvements to the public water,
sewer, or storm drainage systems including, but not limited to, pumping stations,
conveyance, distribution and service lines, structures, storm drainage storage and
treatment ponds/vaults, and disposal plants, water mains, hydrants, reservoirs, wells, or
appurtenances to those systems. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512 § 1, 2014.)
I. “Completion” means city acceptance of all improvements constructed as part of the
FAC extension agreement.
…
3.25.060 Application – Process.
A. For each public street or utility system improvement the applicant is required to
construct that is determined by the city engineer to be eligible for a payback agreement,
the applicant may apply to the city to establish a payback agreement. The For eligible
projects, a complete payback agreement application must be received not later than 10
business days after the date that the city’s letter of eligibility is postmarked before
execution of the FAC extension agreement, or the applicant will be deemed to have
waived the right to request a payback agreement.
B. The application to enter into a payback agreement must include all the following
items:
A1. A nonrefundable application fee in the amount specified in the city’s fee
schedule.
Page 44 of 68
ORD 6742 EXHIBIT A
Page 3 of 4
B2. An estimate of all costs of the project including, but not limited to, design
engineering, permitting, property acquisition, construction engineering, contract
administration, surveying, and construction costs associated with the system
improvements.
C3. A map and legal description identifying the proposed boundaries of the
assessment reimbursement area and each separately owned parcel within that
area and including the applicable amount of area and/or front footage of the
property. The map will identify the location of the project in relation to the parcels
of property in the area.
D4. A preliminary assessment reimbursement roll stating the proposed
assessment for each separate parcel of property within the proposed
assessment reimbursement area as determined by apportioning the total project
cost on the basis of the benefit of the project to each parcel of propert y within the
area. The payback reimbursement charge to other properties will be based on
the total project cost, figured on a front foot or area assessment basis, or other
equitable method, as determined by the city, or any combination of these
methods at the reasonable discretion of the city engineer.
E5. A complete list of record owners of property within the proposed assessment
reimbursement area certified as complete and accurate by the applicant and
which states names and mailing addresses for each owner.
F6. The applicant’s acknowledgement that a street payback agreement may
extend for a period of up to 15 years (unless extended as provided for by
statute), and a utility payback agreement may extend for a period of not less than
20 years (unless extended as provided for by statute), from the date of final
acceptance by the city and the recovery shall be assigned to run with the land.
G7. The applicant’s acknowledgement that approval of the payback agreement
will be conditioned on the applicant agreeing to waive any claims for liability of
the city in establishment and enforcement of payback agreements, including an
acknowledgement that the city is not responsible for locating a beneficiary or
survivor.
H8. The applicant’s acknowledgement that it must provide sufficient security to
ensure to complete the improvements. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512
§ 1, 2014.)
3.25.070 Costs eligible for reimbursement.
A. The city council may provide for the reimbursement of all or part of the costs
advanced by the city funds and/or applicant for the street or utility system
improvements, including:
Page 45 of 68
ORD 6742 EXHIBIT A
Page 4 of 4
A1. The design engineering, permitting, property acquisition, construction
engineering, contract administration, surveying, and construction costs
associated with the street or utility system improvements.
B2. The cost of all advertising, mailing and publishing of notices.
C3. The cost of legal services and any other expenses incurred by the city in
connection with the construction or financing of the improvement, including the
issuance of any bonds.
D4. City costs of administering the agreement.
E5. Outside professional services as applicable.
B. Costs eligible for reimbursement to the applicant will not include frontage street or
utility improvements that would have been normally required of the applicant per
Chapter 12.64A, 13.08, or 13.40 ACC. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512 § 1,
2014.)
C. Applicant waives the right to a payback agreement for any improvements for which
final costs are not submitted to the City within 120 days after completion.
…
3.25.090 Contract execution and recording.
A. Following completion of the facility extension and receipt of final costs to be included
in the payback agreement, the city will provide the applicant with the payback
agreement for execution.
AB. The applicant will provide an executed copy of the payback agreement to the city.
The applicant will not be allowed to make any further changes to the executed payback
agreement unless the changes are mutually agreed to by the City.
C. Within 90 days of receipt of the executed payback agreement, the city engineer will
request that the city council schedule a public hearing.
D. Following the public hearing, the city council will consider the payback agreement.
BE. The payback agreement will be recorded in the King or Pierce County department
of records, as appropriate. Once recorded, the payback agreement is binding on
property owners of record within the assessment area who are not party to the
agreement. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512 § 1, 2014.)
…
Page 46 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6750 (Thomas)
Date:
November 14, 2019
Department:
Finance
Attachments:
Ordinance No. 6750
Memo
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6750, establishing the Property Tax levy for calendar
year 2020
Background Summary:
Proposed Ordinance No. 6750 establishes the 2020 Property Tax Levy based upon
preliminary information from King County. It represents an increase over the 2019 levy of
$218,909 plus the increase due to new construction and refund levy. King County will not
finalize the City’s assessed valuation (AV), new construction, and refund levies until
December. Therefore the levy is based upon preliminary information as it is scheduled for
Council adoption on November 18, 2019. The following table summarizes the 2020
Property Tax levy:
T able 1. 2020 Property T ax Levy Calculations
2019 property tax levy $ 21,890,932
1.000% increase 218,909
Estimated new construction 243,119
Estimated refund levy 15,228
Total Estimated property tax levy $ 22,368,188
As of this date the County has preliminarily established the 2020 assessed valuation
(including estimated new construction) for the City of Auburn at $12.334 billion which is a
8.1% increase over the 2019 level of $11.414 billion. The total 2020 Property Tax Levy will
be distributed to the General Fund to support general governmental operations.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 18, 2019 Item Number:ORD.C
Page 47 of 68
Page 48 of 68
----------------------------
Ordinance No. 6750
November 18, 2019
Page 1 of 3
ORDINANCE NO. 6750
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 2020 FOR GENERAL CITY
OPERATIONAL PURPOSES IN THE AMOUNT OF
$22,368,188
WHEREAS, the City Council of the City of Auburn has met and considered
its budget for the calendar year 2020; and
WHEREAS, pursuant to RCW 84.55.120 the City Council held public
hearings on November 18, 2019 and December 2, 2019, after proper notice was
given, to consider the City of Auburn’s 2020 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 2020 are authorized in the amount of $22,368,188. Not including the
Page 49 of 68
----------------------------
Ordinance No. 6750
November 18, 2019
Page 2 of 3
addition of new construction and improvements to property, any increases
related to the value of state assessed property, and any refund levies available,
the regular property tax levy for 2020 collection represents an increase from
regular property taxes levied for collection in 2019 of $218,909 which is a 1.0%
increase in revenue from the previous year.
Section 2. Implementation. The Mayor is hereby authorized to
implement those administrative procedures necessary to carry out the directions
of this legislation.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
of it to any person or circumstance will not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: _________________
PASSED: ______________________
APPROVED: ___________________
Page 50 of 68
----------------------------
Ordinance No. 6750
November 18, 2019
Page 3 of 3
____________________________
NANCY BACKUS
MAYOR
ATTEST:
_____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Published: ________________
Page 51 of 68
Interoffice Memorandum
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: November 5, 2020
Re: 2020 Property Tax Ordinance No. 6750
Attached is proposed Ordinance No. 6750, establishing the 2020 Property Tax Levy. The 2020 Property Tax
Levy is based upon preliminary information from King County as of November 5, 2019, and represents an
increase over the 2019 levy of $218,909, not including new construction and the refund levy.
The estimated increase on new construction is $243,119 and the refund levy is $15,228. 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, 2019. The
following table summarizes the 2020 Property Tax levy:
Table 1. 2020 Property Tax Levy Calculations
2019 property tax levy $ 21,890,932
1.000% increase 218,909
Estimated new construction 243,119
Estimated refund levy 15,228
Estimated Property Tax Levy $ 22,368,188
As of this date the County has preliminarily established the 2020 assessed valuation (including estimated
new construction) for the City of Auburn at $12.334 billion which is an 8.1% increase over the 2019 level of
$11.414 billion.
The total 2020 Property Tax Levy will be distributed to the General Fund to support general governmental
operations.
Attachments:
1. Ordinance No. 6750
Page 52 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5466 (Faber)
Date:
November 13, 2019
Department:
Parks/Art and Recreation
Attachments:
Resolution No. 5466
2020 Auburn Symphony Orches tra Contract
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council approve Resolution 5466.
Background Summary:
The City of Auburn has supported the Auburn Symphony Orchestra for the past several years
to assist in promoting and marketing Auburn as a destination for arts and events that in turn
contribute to the economy. Performing art programs serve as an economic driver and the
activities of the Auburn Symphony Orchestra assists in attracting visitors to Auburn. For 2020,
it is proposed that the City enters into a contract with the Auburn Symphony Orchestra with a
specific scope of services for marketing, outreach and audience building, and organization
efforts that assist in showcasing Auburn as a destination for arts and events.
Rev iewed by Council Committees:
Municipal Services
Councilmember:DaCorsi Staff:Faber
Meeting Date:November 18, 2019 Item Number:RES.A
Page 53 of 68
--------------------------------
Resolution No. 5466
October 17, 2019
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5466
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND AUBURN SYMPHONY ORCHESTRA FOR
TOURISM PROMOTION SERVICES
WHEREAS, the City is interested in promoting and marketing Auburn as a tourist
Destination; and
WHEREAS, there are activities located and occurring within the corporate
boundaries of the City the promotion of which would be beneficial to the City and to the
residents and businesses of the City; and
WHEREAS one source of such activities is the Auburn Symphony Orchestra, the
Service Provider, herein; and
WHEREAS, a program of advertising for such events would help to insure the
success of such activities by informing people about them encouraging people to attend
and attracting tourists to the City; and
WHEREAS, in order to advertise the City, attract visitors, and encourage tourism
it would be advantageous for the City to contract with the Service Provider for promotional
services in connection therewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and the Auburn Symphony Orchestra, which agreement will be in substantial conformity
with the agreement attached as Exhibit A.
Page 54 of 68
--------------------------------
Resolution No. 5466
October 17, 2019
Page 2 of 2 Rev. 2019
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 55 of 68
2020 Auburn Symphony Orchestra Contract
November 12, 2019
Page 1 of 8
CITY OF AUBURN and AUBURN SYMPHONY ORCHESTRA
CONTRACT FOR SERVICES
THIS CONTRACT is made and entered into on the _______ day of
__________________, 2019, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (the “City”), and the AUBURN SYMPHONY
ORCHESTRA, a not-for-profit corporation organized pursuant to 26 U.S.C. 501 (C)(3)(the
“Service Provider” or “ASO” and collectively, the “Parties”).
1. SCOPE OF SERVICES BY SERVICE PROVIDER The Service Provider will engage,
enrich and inspire our community through artistically vibrant performances; will uphold
the highest artistic and professional standards; will present a broad range of repertoire;
will serve a wide and diverse audience; and will provide quality educational experiences
for all ages. Service Provider will provide classical music opportunities to area youth
through reduced ticket prices to concerts as well as outreach to Auburn area schools.
Service Provider will actively participate in community events and include City of
Auburn logo in all applicable promotional materials. Service Provider will comply with
requirements listed in Attachment “A.”
2. TERM OF CONTRACT: The Term of this Contract will be from January 1, 2020,
through December 31, 2020.
3. COMPENSATION TO SERVICE PROVIDER:
a. The Parties understand that the Service Provider operates on a fiscal year that runs
from July 1 through the following June 30, and that its concert season is
consistent with its fiscal year. The City’s fiscal year is from January 1 through the
following December 31. The Parties agree that the marketing services provided
throughout the year are adequate consideration for the City to pay the Service
Provider its full consideration due for the calendar year by the end of June each
year in order to support the Service Provider’s budget cycle.
b. The total contract is for $75,000 per calendar year, which will be paid as set forth
in Attachment “B.”
c. Invoicing and Reports. The Service Provider will submit invoices and reports not
later than 30 calendar days before payment is due. For each reporting period, the
Service Provider will provide report outlining how the Service Provider met the
performance measures set forth in this Agreement.
4. NON-APPROPRIATION OF FUNDS: If sufficient funds are not appropriated or
allocated for payment under this Agreement for any future fiscal period, the City will not
be obligated to make payments for Services or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
Page 56 of 68
2020 Auburn Symphony Orchestra Contract
November 12, 2019
Page 2 of 8
remaining Services for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. RECORDS INSPECTION AND AUDIT: All compensation payments will be subject to
the adjustments for any amounts found upon audit or otherwise improperly invoiced and
all records and books of accounts pertaining to any work performed under this Contract
will 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 Contract.
6. CONTINUATION OF PERFORMANCE. In the event that any dispute or conflict arises
between the parties while this Contract is in effect, the Service Provider agrees that,
notwithstanding such dispute or conflict, the Service Provider shall continue to make a
good faith effort to cooperate and continue work toward successful completion of
assigned duties and responsibilities. Nothing in this section is intended to restrict or
otherwise limit the Parties rights of termination set forth elsewhere in this Contract.
7. CONTRACT ADMINISTRATION: This Contract will be administered by Auburn
Symphony Orchestra Manager on behalf of the Service Provider and by Mayor or the
Mayor’s designee on behalf of the City. Any written notices required by terms of this
Contract will be served or mailed to the following addressees unless changed by written
notice to the other Party:
If to the City: City of Auburn, 25 West Main Street, Auburn WA 98001
If to the Service Provider: Auburn Symphony Orchestra, P.O. Box 2186, Auburn WA
98071
8. NOTICES: All notices or communications permitted or required to be given under this
Contract will be in writing and will 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.
9. INSURANCE: The Service provider shall procure and maintain insurance, as required in
this Section, without interruption from commencement of the Service provider’s work
through the term of the contract and for thirty (30) days after the Physical Completion
date, unless otherwise indicated.
A. No Limitation. The Service provider’s maintenance of insurance, its scope of
coverage and limits as required herein shall not be construed to limit the liability of the
Service provider to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
B. Minimum Scope of Insurance. The Service provider’s required insurance shall be
of the types and coverage as stated below:
Page 57 of 68
2020 Auburn Symphony Orchestra Contract
November 12, 2019
Page 3 of 8
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
2. Commercial General Liability insurance shall be as least at broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent service providers, products-completed
operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide a per project general
aggregate limit using ISO form CG 25 03 05 09 or an equivalent
endorsement. There shall be no exclusion for liability arising from
explosion, collapse or underground property damage. The City shall be
named as an additional insured under the Service provider’s Commercial
General Liability insurance policy with respect to the work performed for
the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01
or substitute endorsements providing at least as broad coverage.
3. Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
C. Minimum Amounts of Insurance. The Service provider shall maintain the
following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate and
$2,000,000 products-completed operations aggregate limit.
D. City Full Availability of Service provider Limits. If the Service provider
maintains higher insurance limits than the minimums shown above, the City shall be
insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Service provider, irrespective of whether such limits
maintained by the Service provider are greater than those required by this contract or
whether any certificate of insurance furnished to the City evidences limits of liability
lower than those maintained by the Service provider.
Page 58 of 68
2020 Auburn Symphony Orchestra Contract
November 12, 2019
Page 4 of 8
E. Other Insurance Provision. The Service provider’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to contain
that they shall be primary insurance as respect the City. Any insurance, self-insurance, or
self-insured pool coverage maintained by the City shall be excess of the Service
provider’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A: VII.
G. Verification of Coverage. The Service provider shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsements, evidencing the insurance
requirements of the Service provider before commencement of the work. Upon request
by the City, the Service provider shall furnish certified copies of all required insurance
policies, including endorsements, required in this contract and evidence of all subservice
providers’ coverage.
H. Subservice providers’ Insurance. The Service provider shall cause each and
every Subservice provider to provide insurance coverage that complies with all
applicable requirements of the Service provider-provided insurance as set forth herein,
except the Service provider shall have sole responsibility for determining the limits of
coverage required to be obtained by Subservice providers. The Service provider shall
ensure that the City is an additional insured on each and every Subservice provider’s
Commercial General liability insurance policy using an endorsement as least as broad as
ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed
operations.
I. Notice of Cancellation. The Service provider shall provide the City and all
Additional Insureds for this work with written notice of any policy cancellation within
two business days of their receipt of such notice.
J. Failure to Maintain Insurance. Failure on the part of the Service provider to
maintain the insurance as required shall constitute a material breach of contract, upon
which the City may, after giving five business days’ notice to the Service provider to
correct the breach, immediately terminate the contract or, at its discretion, procure or
renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City,
offset against funds due the Service provider from the City.
10. INDEMNIFICATION: Service Provider will defend, indemnify and hold the City, its
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorneys’ fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
If a court of competent jurisdiction determines that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Page 59 of 68
2020 Auburn Symphony Orchestra Contract
November 12, 2019
Page 5 of 8
Service Provider and the city, its officers, officials, employees, and volunteers, the
Service Provider’s liability, including the duty and cost to defend, will be only to the
extent of the Service Provider’s negligence. It is further specifically and expressly
understood that the indemnification provided constitutes the Service Provider’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.
11. RESTRICTION AGAINST ASSIGNMENT: Service Provider will not assign this
Contract or any interest nor any money due or to become due without first obtaining the
written consent of the City. Service Provider will not subcontract any part of the services
to be performed without first obtaining the written consent of the City.
12. AMENDMENT MODIFICATION OR WAIVER: No amendment modification or
waiver of any condition provision or term of this Contract will be valid or of any effect
unless made in writing signed by the Party or Parties to be bound 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 will not affect or impair any right
arising from any subsequent default.
13. TERMINATION AND SUSPENSION: Either Party may terminate this Contract upon
ninety (90) days written notice to the other Party. If the Service Provider has performed
services pursuant to the Contract, the Service Provider will be compensated for such
services in accordance with the rate of compensation provided in Attachment “B.”
13. PARTIES IN INTEREST: This Contract will be binding upon and the benefits and
obligations provided for inure to and bind the Parties and their respective successors and
assigns provided that this section will not be deemed to permit any transfer or assignment
otherwise prohibited by this Contract. This Contract is for the exclusive benefit of the
Parties and it does not create a contractual relationship with or for the benefit of any third
party.
14. COSTS TO PREVAILING PARTY: In the event of litigation or other legal action to
enforce any rights responsibilities or obligations under this Contract, the prevailing Party
will be entitled to receive its reasonable costs and attorney’s fees.
15. APPLICABLE LAW: This Contract and the rights of the Parties will be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any
action will be King County, Washington. The Parties agree and understand that any
applicable statute of limitation will commence no later than the substantial completion by
the Service Provider of the services.
16. CAPTIONS HEADINGS AND TITLES: All captions headings or titles in the paragraphs
or sections of this Contract are inserted for convenience of reference only and shall not
constitute a part of this Contract or act as a limitation of the scope of the particular
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2020 Auburn Symphony Orchestra Contract
November 12, 2019
Page 6 of 8
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 Contract shall not be
affected by any determination as to who is the drafter of this Contract this Contract
having been drafted by mutual agreement of the Parties.
17. SEVERABLE PROVISIONS: Each provision of this Contract is intended to be
severable. If any provision is found by a court of competent jurisdiction to be illegal or
invalid or not applicable to any person or circumstance for any reason whatsoever such
illegality invalidity or non-applicability will not affect the legality or validity of the
remainder of this Contract or its applicability to other persons or circumstances.
18. ENTIRE AGREEMENT: This Contract contains the entire understanding of the Parties
and supersedes all prior agreements contracts and understandings between the Parties
with respect to such subject matter.
19. COUNTERPARTS: This Contract may be executed in multiple counterparts and will
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 Contract to be executed
effective the day and year first set forth above:
AUBURN SYMPHONY ORCHESTRA CITY OF AUBURN
_________________________________ ____________________________________
Nancy Backus, Mayor
Title:___________________________
Date:___________________________ Date:_______________________________
APPROVED AS TO FORM:
____________________________________
Steven Gross, City Attorney
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2020 Auburn Symphony Orchestra Contract
November 12, 2019
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Service provider: Auburn Symphony Orchestra
Contract #______
ATTACHMENT A
Scope of Services
Scope of Work:
1. Auburn Symphony Orchestra (ASO) will engage, enrich and inspire our community
through artistically vibrant performances; will uphold the highest artistic and professional
standards; will present a broad range of repertoire; will serve a wide and diverse
audience; and will provide quality educational experiences for all ages.
2. ASO will produce, at the minimum, three full symphony programs, four chamber
concerts, three summer concerts each performing arts season.
3. ASO will conduct outreach into Auburn public schools and offer reduced price student
tickets.
4. Conduct outreach to new audiences through programming and marketing efforts.
5. Participate in community events and/or festivals through hosting a booth and/or
partnering to present programming as part of the event program.
Service Provider Agrees to:
1. Credit the City of Auburn in all appropriate public announcements, programs,
advertising, and other forms of notice relating to the activity and service covered under
this agreement and produced by, for, and under the direction of the organization. Where
possible, the City of Auburn logo should be used. If logo is not appropriate, ASO may
list the funder as : City of Auburn.
2. Provide access to members of the City Council and Auburn Arts Commission for
purposes of evaluation to at least three performances each year.
3. Meet with the City Council, Arts Commission, or the Arts Coordinator once during the
contract period, to provide information regarding programming and administration of the
programs.
4. Provide the City of Auburn reports and data as outlined as part of the payment schedule.
5. Make available to the City of Auburn the service providers financial and other records,
upon request, to determine compliance with this agreement.
6. Include City Council members and Arts Commissioners in their mailing list.
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2020 Auburn Symphony Orchestra Contract
November 12, 2019
Page 8 of 8
ATTACHMENT B
Compensation
Payment Schedule
Phase I: To be completed by January 31, 2020. Not to Exceed $25,000.00 upon receipt or
completion of the following:
• Full execution of this contract
• Receipt of completed invoice
• Receipt of schedule of activities and programming for 2019-20 performing arts season
• Submission of all printed material and copies of paid advertisements completed between
June 2019 and January 20201
• Attendance reports for concerts (from September 2019 through January 31, 2020;
including zip code demographic summary of patrons and student discount tickets
claimed, and tracking of new versus returning attendees.
• Outline summary of outreach activities and community participation efforts
• Receipt of annual report from prior ASO fiscal year and
• Submission of marketing plan and budget for ASO 2019-2020 performing arts season.
Phase II: To be completed by March 31, 2020. Not to exceed$25,000.00 upon receipt or
completion of the following:
• Receipt of completed invoice
• Submission of all printed material and copies or documentation of paid advertisements
completed between January 2020 and March 2020
• Attendance reports for ASO concerts (from February 1-March 31, 2020); including zip
code demographic summary of patrons and student discount tickets claimed, and tracking
of new versus returning attendees and
• Outline summary of outreach activities and community participation efforts.
Phase III: To be completed by June 5, 2020. Not to exceed $25,000.00 upon receipt or
completion of the following:
• Receipt of completed invoice
• Submission of all printed material and copies of paid advertisements completed between
March 2020 and June 5, 2020
• Attendance reports for ASO concerts (from March 31-June 4, 2020); including zip code
demographic summary of patrons and student discount tickets claimed, and tracking of
new versus returning attendees
• Outline summary of outreach activities and community participation efforts and
• Summary of annual fundraiser.
1 NOTE: While this Contract covers performances in 2019 and 2020, references are made to the ASO’s 2019-2020
season, which includes periods covered in this Contract.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5471 (Tate)
Date:
November 12, 2019
Department:
Community Development
Attachments:
Resolution No. 5471
Grant Award Letter from WA Dept of Commerce
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council vote to approve Resolution No. 5471.
Background Summary:
The Washington State Legislature authorized up to $5 million for the development of housing
action plans intended to increase urban residential capacity, with a maximum award amount
per jurisdiction of $100,000. The City of Auburn intends to utilize this funding for the
development of a Housing Action Plan to accomplish short term goals identified in the
Housing Element of the city’s comprehensive plan including evaluating city zoning regulations
are allowed at an appropriate density in an appropriate zone, inventory housing opportunities
for disadvantaged populations, and coordinating with transit agencies to align transportation
and housing resources to be most effective.
Signed into law by Governor Inslee on May 9, 2019, E2SHB 1923 authorized the Department
of Commerce to issue up to $5 million in grant funding for the purpose of increasing
residential housing capacity in urban areas. The City of Auburn submitted a grant application
on September 30, 2019, requesting the maximum award of $100,000 in collaboration with
neighboring jurisdictions Burien, Federal Way, Kent, Renton, and Tukwila. As a part of the
collaborative effort, up to $20,000 per jurisdiction has been allocated for the purpose of
collecting sub-regional data necessary for the development of a Housing Action Plan. On
November 5, 2019, Auburn was officially awarded the grant in the amount of $100,000. All
city legislative action associated with E2SHB 1923 must be taken by April 1, 2021, and all
grant deliverables are due to be submitted to the Washington State Department of
Commerce by June 15, 2021.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:November 18, 2019 Item Number:RES.B
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--------------------------------
Resolution No. 5471
November 18, 2019
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE WASHINGTON STATE DEPARTMENT
OF COMMERCE TO ACCEPT AND EXPEND GRANT
FUNDS FOR A HOUSING ACTION PLAN
WHEREAS, On May 9, 2019, the Governor of Washington signed into law
Engrossed Second Substitute House Bill (E2SHB) 1923; and
WHEREAS, E2SHB 1923 authorized the Washington Department of Commerce
to issue Five Million Dollars in grant assistance to local cities for planning efforts related
to housing; and
WHEREAS, the City of Auburn submitted a grant application requesting the
maximum grant amount of One Hundred Thousand Dollars on September 30, 2019; and
WHEREAS, the City of Auburn, as a part of the grant application, is to partner with
the cities of Burien, Federal Way, Kent, Renton, and Tukwila, including up to Twenty
Thousand Dollars of grant funding diverted to conduct sub-regional data collection; and
WHEREAS, sub-regional funding and data collection efforts are to be administered
by representatives from the City of Kent, and financially through the South King Housing
and Homelessness Partners (SKHHP); and
WHEREAS, the City of Auburn commits to conducting a Housing Action Plan
utilizing the sub-regional data collection, and remaining grant funding; and
WHEREAS, the final scope of work to be determined in coordination with the
Department of Commerce is substantially unchanged from the original application for
grant funding; and
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--------------------------------
Resolution No. 5471
November 18, 2019
Page 2 of 2 Rev. 2019
WHEREAS, all city legislative action associated with E2SHB funding must be
taken by April 1, 2021, and;
WHEREAS, grant deliverables must be submitted to the Washington State
Department of Commerce by June 15, 2021.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to negotiate and execute an agreement
between the City of Auburn and the Washington State Department of Commerce to
accept grant funds for a Housing Action Plan, and to expend such funds.
Section 2. The Mayor is authorized to enter into additional agreements and to
implement those administrative procedures necessary to carry out the directives of this
legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
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STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
November 5, 2019
The Honorable Nancy Backus
Mayor of Auburn
25 West Main Street
Auburn, Washington 98001
RE: E2SHB 1923 Grant – Increasing Residential Building Capacity
Dear Mayor Backus:
I am pleased to inform you that the city of Auburn has been awarded $100,000.00 in grant funds for the
2019-21 Biennium to assist with increasing urban residential building capacity and streamlining
regulations. The Washington State Legislature created this new grant program under Engrossed Second
Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible
land use planning activities for cities to consider implementing to increase housing capacity.
Your jurisdiction recently submitted a grant application, identifying actions it intends to develop and
adopt, as well as its grant funding need to assist with this work. Your scope of work and budget must be
consistent with the scope of work and budget included in your grant application.
This grant will be administered by the Washington Department of Commerce, Growth Management
Services unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget
will need to be executed between your organization and the Department of Commerce. Funds may be
retroactively applied to project costs related to your grant scope of work, beginning July 28, 2019, the
effective date of E2SHB 1923.
Eric Guida, Senior Planner is available to help you if you have any questions. Please call
(360) 725-3044 or eric.guida@commerce.wa.gov for assistance with this contract going forward.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc: Anthony Avery, Senior Planner
Eric Guida
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