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HomeMy WebLinkAbout12-01-2014 CITY COUNCIL AGENDA,A BURN N1 I. CALL TO ORDER A. Flag Salute B. Roll Call City Council Meeting December 1, 2014 - 7:30 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video M eeti ng vi deos are not avai I abl e unti 172 hours after the meeti na has concl uded. C. Announcements, Appointments, and Presentations 1. 2014 Tree Steward Proclamation Mayor Backus to proclaim Mike Poste as a 2014 Tree Steward for preserving and caring for the Oregon Myrtle located at 1008 4th Street NE and declaring it a "Significant Tree ". D. Agenda Modifications II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing is scheduled for this evening. 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 There is no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services 1. November 24. 2014 Minutes* (Peloza B. Planning & Community Development 1. November 24. 2014 Minutes* (Holman) C. Public Works 1. November 17, 2014 Minutes* (Osborne) D. Finance Page 1 of 181 November 17, 2014 Minutes* (Wales) E. Les Gove Community Campus F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for December 22, 2014 (Wagner) G. Junior City Council The next regular meeting of the Junior City Council is scheduled for December 15, 2014 (Wagner) IV. CONSENT AGENDA 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 November 17, 2014 Regular Meeting* B. Claims Vouchers (Wales /Coleman) Claims voucher numbers 431308 through 431472 in the amount of $3,039,619.66 and two wire transfers in the amount of $2,816.54 and dated December 1, 2014. C. Payroll Vouchers (Wales /Coleman) Payroll check numbers 535126 through 535199 in the amount of $363,247.58 and electronic deposit transmissions in the amount of $1,369,666.42 for a grand total of $1,732,914.00 for the period November 13, 2014 to November 26, 2014. D. Small Works Project No. EM1303* (Osborne /Hursh) City Council approve final payment for Small Works Contract No. 13 -22 in the amount of $60,672.38 and accept Project No. EM 1303, R Street Emergency Repairs (RECOMMENDED ACTION: City Council approve the Consent Agenda.) V. UNFINISHED BUSINESS There is no unfinished business. VI. NEW BUSINESS There is no new business. VII. ORDINANCES A. Ordinance No. 6533* (Wales /Coleman) An Ordinance of the City Council of the City of Auburn, Washington, adopting the 2015 -2016 Biennial Budget for the City of Auburn, Washington (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6533.) Page 2 of 181 B. Ordinance No. 6539* (Wales /Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013 -2014 Biennial Budget Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462, Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474, Ordinance No. 6481, Ordinance No. 6502, Ordinance No. 6510, authorizing amendment to the City of Auburn 2013 -2014 Budget as set forth in Schedule "A" and Schedule "B" (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6539.) C. Ordinance No. 6542* (Holman /Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the Auburn City Code relating to school impact fees (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6542.) D. Ordinance No. 6543* (Peloza/Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.270 of the Auburn City Code related to parking restrictions (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6543.) VIII. RESOLUTIONS A. Resolution No. 5096* (Peloza /Hursh) A Resolution of the City Council of the City of Auburn, Washington, authorizing the adoption of the 2014 King County Regional Hazard Mitigation Plan including the City of Auburn Plan Annex (RECOMMENDED ACTION: City Council adopt Resolution No. 5096.) B. Resolution No. 5110* (Peloza /Held) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate and execute interlocal agreements between the City of Auburn and King County and the Cities of Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle and Tukwila for the establishment, implementation and operation of the Puget Sound Emergency Radio Network System (PSERN) (RECOMMENDED ACTION: City Council adopt Resolution No. 5110.) C. Resolution No. 5112* (Wagner /Held) A Resolution of the City Council of the City of Auburn, Washington, amending the City Council Rules of Procedure as adopted by Ordinance No. 5802 and amended by Resolution Nos. 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909 and 5105 Page 3 of 181 (RECOMMENDED ACTION: City Council adopt Resolution No. 5112.) IX. REPORTS 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 Mayor X. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 181 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: November 24, 2014 Minutes AGENDA BILL APPROVAL FORM Department: Attachments: Police Minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Peloza Meeting Date: December 1, 2014 Date: November 25, 2014 Budget Impact: $0 Staff: Item Number: MS.1 MS.1 AUBURN * MORE THAN YOU IMAGINED Page 5 of 181 ,A BURN CALL TO ORDER Municipal Services Committee November 24, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES Chair Peloza called the meeting to order at 3:29 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present were: Chair Bill Peloza and Vice Chair Wayne Osborne. Member Claude DaCorsi arrived after Action Item I I I.A. Staff present were: Mayor Nancy Backus; Chief of Police Bob Lee; City Attorney Dan Heid; and Police Secretary Sue Van Slyke. Others present: Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. CONSENT AGENDA A. Minutes - November 10, 2014 (Peloza) Changes to the minutes include correcting the Resolution No. on the recommendation to move Resolution No. 5110 to full council for consideration. Previously stated Resolution No. 5096. Also, corrected the next meeting date in Adjournment from December 6, 2014 to November 24, 2014. Vice Chair Osborne moved and Chair Peloza seconded to approve the November 10, 2014 Municipal Services Committee meeting minutes as corrected. Motion carried unanimously. 2 -0 (Member Claude DaCorsi was not present at this time.) Page 1 of 3 MS.1 Page 6 of 181 III. ACTION A. Ordinance No. 6543 (Held) City Attorney Dan Heid reviewed Ordinance No. 6543 with the Committee. This ordinance will amend Section 10.36.270 of the Auburn City Code related to parking restrictions. #29 was added to the section stating "Any overtime parking or other parking restrictions designated in accordance with Section 10.36.060 of the City Code." This statement authorizes imposition of penalties for violations of ACC 10.30 6.060. Vice Chair Osborne moved and Chair Peloza seconded to move Ordinance No. 6543 to full Council for consideration. Member DaCorsi was unavailable at time of vote. Motion carried unanimously. 2 -0 B. Resolution No. 5110 City Attorney Dan Heid presented Resolution No. 5110 which will authorize the Mayor to negotiate and execute interlocal agreements between the City of Auburn and King County and the Cities of Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle and Tukwila for the establishment, implementation and operation of the Puget Sound Emergency Radio Network System (PSERN). Vice Chair Osborne inquired as to why road maintenance was included under Section 8.5.1 for the Project Budget. Mr. Heid explained that there may be movement or additional towers required which would result in the creation of roads for access to said towers.Vice Chair Osborne questioned as to the amount of training required for our police officers to become familiar with the new radio equipment. Chief of Police Bob Lee indicated that it will be a simple transition requiring minimal training. Mr. Heid expressed that the change over from the existing emergency radio system to the proposed new system will be seamless so as to not interrupt service to any parties within the agreement. Mayor Backus and Mr. Heid stressed that approval by the City of Auburn, as well as the other party jurisdictions, is necessary in order to allow the bond measure to move forward. The goal from King County is to place the bond measure on the April 2015 ballot. Vice Chair Osborne moved and Member DaCorsi seconded to move Resolution No. 5110 to full council for consideration. Motion carried unanimously. 3 -0 Page 2 of 3 MS.1 Page 7 of 181 IV. DISCUSSION ITEMS A. Project Matrix (Peloza) Changes to the Project Matrix include- 1 OP- Remove from matrix. 20P and 21 P: Combine sections. 24P: Change Review Date to April 2015. 31 P. Change to yearly update instead of quarterly. The Committee discussed that staff will be providing written reports in advance to the newly created study sessions on the majority of the Project Matrix topics starting in 2015. V. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 3:56 p.m. The next regular meeting of the Municipal Services Committee is scheduled for Monday, December 8, 2014 at 3 :30 p.m. Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. APPROVED this day of )2014. Bill Peloza, Chair Sue Van Slyke, Police Secretary Page 3 of 3 MS.1 Page 8 of 181 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: November 24, 2014 Minutes AGENDA BILL APPROVAL FORM Department: Attachments: Planning and Development agm a� Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Holman Meeting Date: December 1, 2014 Date: November 25, 2014 Budget Impact: $0 Staff: Item Number: PCD.1 PCD.1 AUBURN * MORE THAN YOU IMAGINED Page 9 of 181 'All OBURN VVAS,I�I N G "10 I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. Minutes -November 10, 2014* (Tate) III. DISCUSSION ITEMS Planning and Community Development November 24, 2014 - 5:00 PM Annex Conference Room 2 AGENDA A. Ordinance No. 6542* (Dixon) An Ordinance amending ACC 19.02 related to annual adjustment of school impact fees. B. Director's Report (Tate) C. PCDC Status Matrix* (Tate) IV. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. PCD.1 Page 1(b62881 'Alu,BURN VVA,S p � I N G "i'( Agenda Subject: November 17, 2014 Minutes AGENDA BILL APPROVAL FORM Department: Attachments: Public Works Draft M inutes Administrative Recommendation: Background Summary: See attached draft minutes. Reviewed by Council Committees: Councilmember: Osborne Meeting Date: December 1, 2014 Staff: Date: November 25, 2014 Budget Impact: $0 1 ■N PW.1 AUBURN * MORE THAN YOU IMAGINED Page 11 of 181 A C. 0d , BURN VVASM�N N G "() i ' CALL TO ORDER Public Works Committee November 17, 2014 - 3:30 PM Annex Conference Room 2 MINUTES Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wayne Osborne, Vice -Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Community Development & Public Works Director Kevin Snyder, Assistant Director of Engineering /City Engineer Ingrid Gaub, Assistant City Engineer Jacob Sweeting, Utility Engineering Manager Lisa Tobin, Water Utility Engineer Susan Fenhaus, Transportation Manager Pablo Para, Street Systems Engineer Jai Carter, Finance Director Shelley Coleman, Customer Care Manager Brenda Goodson - Moore, IT Customer Support Manager Reba Stowe, Planning Services Manager Jeff Dixon and Public Works Secretary Molly Mendez. B. Announcements There were no announcements. C. Agenda Modifications There were two agenda modifications. The first agenda modification added Discussion Items H (Auburn Manor Leak Adjustment), and Discussion Item I (Quarterly Financial Report). The second agenda modification added Action Item C, Resolution No. 5111. CONSENT AGENDA A. Approval of Minutes Public Works Committee to approve the minutes of the November 3, 2014 Public Works Committee meeting It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, November 3, 2014. Motion carried 3 -0. Page 1 of 7 PW.1 Page 12 of 181 III. ACTION A. Public Works Project No. CP1410 (Carter) Approve Final Pay Estimate No. 1 to Small Works Contract No. 14- 22 in the amount of $62,156.51 and accept construction of Project No. CP1410, 2014 Arterial & Collector Crack Seal Project Street Systems Engineer Carter provided brief background summary of the project. There were no questions from the Committee. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Final Pay Estimate No. 1 to Small Works Contract No. 14 -22 in the amount of $62,156.51 and accept construction of Project No. CP1410, 2014 Arterial & Collector Crack Seal Project. Motion carried 3 -0. B. Annual On -Call Agreements (Sweeting) Approve the Annual On -Call Professional Service Amendments for 2015 Assistant City Engineer Sweeting explained that the current Annual On -Call Agreements are set to expire at the end of 2014. We would like to renew these agreements to expire at the end of 2015. In addition, there are three of the agreements which will require monetary amendments to increase the total contract amount available for tasks in 2015. Sweeting then summarized the services provided by these firms. There was a group discussion regarding total contract amounts. Assistant Director of Engineering Services /City Engineer Gaub explained that On -Call Agreements may be renewed annually up to five years and funds remaining at the end of each year are carried over to the next year if the agreement is renewed. In addition, the City follows a selection process using either a request for qualifications or the City's consultant Roster depending on the work and potential amount associated with the various contracts. This is done on a 5 year cycle unless we are dissatisfied with the selected consultants performance and then the selection may occur sooner then 5 years. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Annual On -Call Professional Service Amendments for 2015. Motion carried 3 -0. C. Resolution No. 5111 (Gaub) A Resolution of the City Council of the City of Auburn, Washington, Page 2 of 7 PW.1 Page 13 of 181 confirming the determination of emergency for repairs to the traffic signal at the intersection of Oravetz Road and Kersey Way and ratifying and confirming prior acts Assistant Director of Engineering /City Engineer Gaub summarized the damage caused by the wind storm in early November. This resolution ratifies the declaration of emergency issued by Mayor Backus to allow allocation of funds for necessary repairs as a result of the storm. The estimated cost for repairs by the contractor is less than $7,500.00. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee adopt Resolution No. 5111. Motion carried 3 -0. IV. DISCUSSION ITEMS A. Ordinance No. 6539 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013 -2014 biennial budget ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462, Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474, Ordinance No. 6481, Ordinance No. 6502, Ordinance No. 6510, authorizing amendment to the City of Auburn 2013 -2014 budget as set forth in schedule "A" and schedule "B" Finance Director Coleman presented Budget Amendment #9 for a first reading. This is the final budget amendment for the 2013 -14 biennium and the fourth amendment for 2014. Coleman summarized the fund balance adjustments, project funding and other requests outline in the memo. B. Ordinance No. 6541 (Dixon) An Ordinance of the City Council of the City of Auburn, Washington, relating to Planning; adopting Comprehensive Plan Text Amendments pursuant to the provisions of RCW Chapter 36.70. For the purpose of these minutes, this item was discussed after Discussion Item I. Planning Services Manager Dixon presented a history of the comprehensive plan annual update process. Proposed updates were presented at the Planning Commission meeting on June 23, 2014 and again at the November 10, 2014 Planning Commission meeting. A Public Hearing was held November 5, 2014. The individual capital facilities plans were provided by the four school districts and a capital facilities plan was provided by the City. Page 3 of 7 PW.1 Page 14 of 181 Public testimony was considered in the Planning Commission recommendation. C. Activity Center Project CP0607 (Tate) Accept Construction of Project CP0607, Auburn Activity Center at Les Gove, and approve Final Pay Estimate No. 18 in the amount of $17,991.31. Community Development and Public Works Director Snyder summarized this project, which was physically completed in 2011. Challenges in closing out the LEED Certification process delayed close -out. These have been met and the Planning and Community Development Committee recommended to close out this project and approve the final pay estimate. This final payment in the amount of $17,991.31 will have no budget impact. D. Water System Comprehensive Plan Review (Fenhaus) Water Utility Engineer Fenhaus reviewed the preliminary draft of chapters 2 through 6 for the Water System Comprehensive Plan. A review schedule was provided to the Committee with the draft document. Chapter 2 Planning Considerations provides a history of the system, retail service areas, neighbors, interaction with neighbors. Chapter 3 Policies and Criteria was previously brought before Council for a thorough review. Any comments received have been captured in this draft. Chapter 4 Water Requirements describes anticipated demand based upon data provided by Planning Services and the Puget Sound Regional Council. Table 4.8 on page 4 -24 shows the classification /customer projections broken down by Water Service Area (described in section 4.7). Single family residential shows anticipated growth in the Lea Hill Service Area. The Valley Service Area shows significant increase in multifamily population primarily due to significant growth in commercial employment within that Service Area. Director Snyder said that the City has been identified to add approximately 9,600 new housing units by 2030. The Puget Sound Regional Council and King County anticipate 1.1 million new residents in the region by 2030. The majority of these will be through higher density housing. Fenhaus reviewed Table 4.17 on page 4 -43 showing anticipated daily demand by Service Area. Page 4 of 7 PW.1 Page 15 of 181 Fenhaus presented Chapter 6 Water Resources, which describes supply. Figure 6.2 on page 6 -18 shows the Maximum Daily Demand (MDD) Ability to Pump. The figure includes the ability to pump compared to projected demands. When the supply lines cross the demands we need to look at improvements to our sources. These are our capital projects. Chairman Osborne asked what is the current maximum production level per day. Fenhaus responded that we currently have an adequate supply and do for the next few years. Chairman Osborne asked about the wells that are currently offline Chapter 5 Existing System describes the current system and further defines the Service Areas. Vice -Chair Peloza asked for clarification regarding the vertical turbine pump for Well 1 on page 5 -20. Gaub clarified that it is a replacement and not an additional pump. Vice - Chair Peloza asked about wells that have generators that aren't being serviced right now. Is it possible to move these to wells that are in use that need a generator? Gaub responded affirmatively that existing generators are assessed first, but due to size requirements transferring them is not always feasible. E. Capital Project Status Report (Sweeting) Item 6 — CP1024 — AWS and M Street SE Intersection Improvements: Assistant City Engineer Sweeting clarified that staff have received a delivery date of the signal equipment in December so the completion date in December 2014 is potentially achievable. Item 11 — CP1409 — Oravetz Place Flooding Mitigation: Responding to a question asked by Member Peloza, Assistant City Engineer Sweeting stated that the project is a small project and is intended to be completed by the end of December. F. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) There were no questions from the Committee. G. Action Tracking Matrix (Gaub) Community Development and Public Works Director Snyder mentioned that we are holding a series of meetings regarding the system development charges for utilities. Meetings are being held with the Master Builders' Association of King & Snohomish County, the Master Builders' Association of Pierce County, and a public meeting for developers currently doing business with the City will be held on Thursday, November 20 at 5:30 in the Customer Service Center. H. Auburn Manor Leak Adjustment (Coleman) Page 5 of 7 PW.1 Page 16 of 181 For the purpose of these minutes, this item was discussed after Discussion Item A. Finance Director Coleman provided background information on Auburn Manor. This mobile home park has one domestic water meter feeding the entire park (approximately 125 -130 units). The system is old and has frequent recurring leaks around the facility. The facility has a swimming pool and is charged for sewer since they irrigate. Customer Care Manager Goodson -Moore stated that Auburn Manor has had leak issues in the past, and in October 2006 Auburn Manor received a refund check from the City for $121,000.00 after documentation was provided that all leaks were fixed. This was in addition to a previous adjustment in 2003 of $30,000.00. Goodson -Moore provided several examples of similar properties that have been denied adjustments because of persistent leaks that have not been repaired. Chairman Osborne asked what the leak adjustment amounts were for these examples. Coleman stated that the leak adjustment amount is not calculated if the request is denied. Concurrence to deny. Quarterly Financial Report (Coleman) For the purpose of these minutes, this item was discussed after Discussion Item H. Coleman presented the Quarterly Financial Report. We are on track with the current budget. Property tax is pretty close to budget. Sales tax is running above the 4 -5% increase budgeted for 2014. Building permits and other licenses and permits may taper in a year or two. Construction sales tax budgeted $1.6 million for 2014, which is used for the he Save our Streets fund. Water, sewer and storm funds are doing better than anticipated due to the rate increase 1.5 years ago. The utility funds are now operating with some income, which is used for capital projects. Vice -Chair Peloza asked a question regarding fees charged by credit card companies. This was followed by a group discussion. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:48 p.m. Approved this 1st day of December, 2014. Page 6 of 7 PW.1 Page 17 of 181 Wayne Osborne Molly Mendez Chairman Public Works Department Secretary Page 7 of 7 PW.1 Page 18 of 181 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: November 17, 2014 Minutes AGENDA BILL APPROVAL FORM Department: Attachments: Administration 11 ®17 ®2014 M intues Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Wales Meeting Date: December 1, 2014 Date: November 25, 2014 Budget Impact: $0 Staff: Item Number: FN.1 FN.1 AUBURN * MORE THAN YOU IMAGINED Page 19 of 181 .:ITYOf ''AUBURN CALL TO ORDER Finance Committee November 17, 2014 - 5:00 PM Annex Conference Room 1 MINUTES Chair Largo Wales called the meeting to order at 5:00 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at 1 East Main Street in Auburn. A. Roll Call Chair Largo Wales, Vice Chair Holman and Member Yolanda Trout were present. Officials and staff members present included: Mayor Nancy Backus, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Director of Community Development and Public Works Kevin Snyder, Customer Care Manager Brenda Goodson -Moore and Deputy City Clerk Shawn Campbell. B. Announcements There was no announcement. C. Agenda Modifications Updated exhibits for Ordinance No. 6533 were provided at the meeting. CONSENT AGENDA A. November 3, 2014 Minutes Member Trout moved and Vice Chair Holman seconded to approve the November 3, 2014 minutes. MOTION CARRIED UNANIMOUSLY. 3 -0 B. Claims Vouchers (Coleman) Claims voucher numbers 431138 through 431307 in the amount of $1,976,866.07 and dated November 17, 2014. Member Trout moved and Vice Chair Holman seconded to approve the claims and payroll vouchers as presented. MOTION CARRIED UNANIMOUSLY. 3 -0 C. Payroll Vouchers (Coleman) Payroll check numbers 535092 through 535125 in the amount of $890,419.15, electronic deposit transmissions in the amount of Page 1 of 4 FN.1 Page 20 of 181 $1,300,870.369 for a grand total of $2,191,289.51 for the period covering October 30, 2014 to November 12, 2014. See claims vouchers for Committee action on payroll vouchers. III. ORDINANCES A. Ordinance No. 6538 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the levy for regular property taxes by the City of Auburn for collection in 2015 for general City operational purposes in the amount of $16,879,116.00 Director Colman presented Ordinance No. 6538 setting the property tax levy for 2015. She stated the property tax levy amount for 2015 is almost $16.9 million. This includes estimated property taxes on new construction of $260,000. The estimated levy rate is approximately $2.04 per $1,000 assessed value compared to $2.15 per $1,000 assessed value in 2014. Vice Chair Homan moved and Member Trout seconded to approve and forward Ordinance No. 6538 to full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3 -0 IV. DISCUSSION ITEMS A. 2014 Third Quarter Financial Report (Coleman) Director Coleman presented the 2014 Third Quarter Financial report. Director Coleman explained revenues are above the budgeted amounts and expenditures are below budget. The Sewer Fund is operating with a positive income for the first time in many years. Chair Wales asked if cleanup from a recent storm event would be in the report. Director Coleman explained the City has funds dedicated to this type of event. If the clean up cost exceeds $5,000, the City will file an insurance claim for reimbursement. Chair Wales requested Director Coleman present to the Committee at the next meeting her recommendation on how the full Council could review this type of information once the Council moves to Study Sessions. B. Auburn Manor Leak Adjustment (Coleman) Director Coleman presented the proposed leak adjustment. She explained the mobile home park is served by one domestic meter for all of the residents. The park has repaired most of the leaks. The infrastructure is old and fails frequently. The park received a rebate in 2006 for $121,000. The Committee discussed ongoing leak adjustments and the possibility of requiring the property owner to repair and maintain the infrastructure. The Committee also discussed requiring the property owner t o p ain e Fo f 4 FN.1 Page 21 of 181 IJI irrigation meter. The residents who live in the court pay the bills, they should be the ones to receive the credit. The population at the court is mostly elderly and they would have a difficult time moving to another location. Customer Care Manager Goodson -Moore explained there are two different ways to calculate the leak adjustment. If the City calculates the adjustment for two months, the total credit would be $5,579.03. If the City calculates it for six months, the total credit would be $22,238.55. A portion of either credit would be paid by Metro Sewer. Member Holman stated if the City provides the larger credit he would want to require the property owner to upgrade the infrastructure in the park. C. Ordinance No. 6533 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, adopting the 2015 -2016 Biennial Budget for the City of Auburn, Washington Director Coleman presented Ordinance No. 6533. She stated the entire budget process is included in the two attachments in the agenda packet. Mayor Backus asked if the 2015 - 2016 Budget will include the funds for the King County Public Health Clinic. Director Coleman stated those funds will not be a part of this budget. The department will bring forward a budget amendment in early 2015 with the adjustment. D. Ordinance No. 6539 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013 -2014 Biennial Budget Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462, Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474, Ordinance No. 6481, Ordinance No. 6502, Ordinance No. 6510, authorizing amendment to the City of Auburn 2013 -2014 Budget as set forth in Schedule "A" and Schedule "B" Director Coleman presented Ordinance No. 6539. The ordinance is the final budget amendment for the 2013 - 2014 Budget. The amendment is mostly housekeeping items and closing out LID 250 and the Golf Course Fund. Chair Wales noted the City has invested in the Auburn Municipal Airport a great deal this year including a slurry seal, moving the business office and internet access. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 5:33 p.m. APPROVED this 1st day of December, 2014. Page 3 of 4 FN.1 Page 22 of 181 LARGO WALES, CHAIR Shawn Campbell, Deputy City Clerk Page 4 of 4 FNA Page 23 of 181 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the November 17, 2014 Regular Meeting Department: Attachments: Administration 11 ®17 ®2014 minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: December 1, 2014 Staff: Date: November 25, 2014 Budget Impact: $0 1 - . . CA.A AUBURN * MORE THAN YOU IMAGINED Page 24 of 181 Now, CALL TO ORDER IV City Council Meeting November 17, 2014 - 7:30 PM Auburn City Hall MINUTES Flag Salute Mayor Backus called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. Roll Call City Councilmembers present: Deputy Mayor Rich Wagner, Bill Peloza, Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and Yolanda Trout. Department Directors and staff members present included: Parks, Arts and Recreation Director Daryl Faber, City Attorney Daniel B. Heid, Community Development and Public Works Director Kevin Snyder, Assistant Police Chief Bill Pierson, Director of Administration Michael Hursh, Finance Director Shelley Coleman, Innovation and Technology Customer Support Manager Reba Stowe, Economic Development Manager Doug Lein, and Deputy City Clerk Shawn Campbell. C. Announcements, Appointments, and Presentations Entrepreneurship Week Proclamation Mayor Backus to proclaim November 17 -23, 2014 as "Entrepreneurship Week" in the City of Auburn. Mayor Backus read a proclamation declaring November 17 -23, 2014 as "Entrepreneurship Week" in the City of Auburn. Auburn Mountainview DECA students Taylor Shirley and Ellie Ness accepted the proclamation. Taylor Shirley talked about students pursuing entrepreneurship opportunities in the area. 2. Shop Local Presentation by Auburn Downtown Association Laura Westergard and Laura Theimer from the Auburn Downtown Association presented Council and the Citizens of Auburn a challenge to shop downtown first. Ms. Westergard noted that November 29th is shop local Saturday and encouraged everyone to shop Auburn downtown businesses. The Downtown Association presented Council with "Shop Local" reusable bags. 3. Independent Salary Commission Appointments City Council to approve the following appointments to the Independent Salary Commission. Per Ordinance No. 6504 which establishes the Independent Salary Commission, the first five commission members shall be appointed for different terms, as follows: Page 1 of 7 CA.A Page 25 of 181 One Year Term: Terry Hurlbut — appointed to serve a one year term expiring December 31, 2015. Two Year Term Ronald Beyersdorf - appointed to serve a two year appointment expiring December 31, 2016. Three Year Term: Nancy Colson— appointed to serve a three year term expiring December 31, 2017. Four Year Term: Cindy Gonzalez — appointed to serve a four year term expiring December 31, 2018. Isaiah Johnson — appointed to serve a four year term expiring on December 31, 2018. Deputy Mayor Wagner moved and Councilmember Peloza seconded to confirm the appointment of the members of the Independent Salary Commission. Deputy Mayor Wagner noted the Independent Salary Commission decisions are binding and final. MOTION CARRIED UNANIMOUSLY. 7 -0 D. Agenda Modifications Appointments to the Independent Salary Commission were added under Announcements, Appointment and Presentations. Resolution No. 5110 was removed and Resolution No. 5111 was added to the Agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 2015 -2016 Preliminary Biennial Budget (Wales /Coleman) All persons interested are encouraged to participate in this public hearing by making comments, proposals, and suggestions to the City Council and Mayor to consider prior to adoption of the City of Auburn's 2015 -2016 Biennial Budget. Director Coleman presented the 2015 - 2016 Biennial Budget review process and she reviewed the 2015 property tax levy. Mayor Backus opened the public hearing at 7:52 p.m. No one present requested to speak regarding the budget, and the hearing was closed. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Page 2 of 7 CA.A Page 26 of 181 Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Elam Anderson, 2301 23rd Ave E, Auburn Mr. Anderson questioned the funding for the Auburn Veteran's Day Parade. He spoke about his concerns regarding veterans benefits and programs in the City of Auburn, Washington State and nationally. Mayor Backus noted the cost to the City for the parade is under $10,000 and the Muckleshoot Indian Tribe contributed $6,500 to the parade. The Mayor noted the City of Auburn is very involved in veterans services. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met on November 10, 2014. The Committee reviewed Resolution No. 5110 regarding the PSERN agreement and Resolution No. 5096 regarding the 2014 King County Hazard Mitigation Plan. The Committee also discussed pet licensing and SCORE jail. The next regular meeting of the Municipal Services Committee is scheduled for November 24, 2014. B. Planning & Community Development Chair Holman reported the Planning and Community Development Committee meet on November 10, 2014. The Committee reviewed Public Works Project CP1015. The Committee also discussed the Water System Comprehensive Plan review and Comprehensive Plan amendments. The next Planning and Community Development Committee meeting is November 24, 2014. C. Public Works Chair Osborne reported the Public Works Committee met earlier today. The Committee reviewed Public Works Project CP1410 regarding the Arterial and Collector Crack Seal project, the annual on call amendments for professional services agreements and Resolution No. 5111 regarding emergency repairs to the traffic signal at the intersection of Oravetz Road and Kersey Way. The Committee also discussed Ordinance No. 6539 regarding the 2013 - 2014 Biennial Budget, Ordinance No. 6541 regarding Comprehensive Plan amendments, final pay agreement for CP0607, Water System Comprehensive Plan review, a water leak adjustment, the Third Quarter Financial Report and the capital projects status report. The next regular meeting of the Public Works Committee is scheduled for December 1, 2014 D. Finance Chair Wales reported the Finance Committee met this evening at 5:00. The Committee approved claims vouchers in the amount of $1,976,866.07 and wire transfers and payroll vouchers in the amount of $2,191,289.51. The Committee also forwarded Ordinance No. 6538 regarding establishing the levy for regular property taxes to full Council for consideration. The Committee discussed the Third Quarter Financial Report, a water leak adjustment for Auburn Manor, Ordinance No. 6533 regarding the 2015 - 2016 Biennial Budget Page 3 of 7 CA.A Page 27 of 181 and Ordinance No. 6539 regarding the final budget amendment to the 2013 - 2014 budget. The next regular meeting of the Finance Committee is scheduled for December 1, 2014. E. Les Gove Community Campus The next regular meeting of the Les Gove Community Campus Committee is scheduled for November 26, 2014. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for November 24, 2014. G. Junior City Council Deputy Mayor Wagner reported the Junior City Council met this evening at 5:00. The Committee discussed red light and school zone cameras and an anti - bullying campaign. The next regular meeting of the Junior City Council is scheduled for December 15, 2014. IV. CONSENT AGENDA 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. November 3, 2014 Regular Meeting Minutes B. Claims Vouchers (Wales /Coleman) Claims voucher numbers 431138 through 431307 in the amount of $1,976,866.07 and dated November 17, 2014. C. Payroll Vouchers (Wales /Coleman) Payroll check numbers 535092 through 535125 in the amount of $890,419.15, electronic deposit transmissions in the amount of $1,300,870.369 for a grand total of $2,191,289.51 for the period covering October 30, 2014 to November 12, 2014. D. Project CP0607 (Holman /Snyder) City Council to accept construction of Project CP0607, Auburn Activity Center at Les Gove, and approve Final Pay Estimate No. 18 in the amount of $17,991.31 E. Public Works Project No. CP1410 (Osborne /Snyder) City Council to approve Final Pay Estimate No. 1 to Small Works Contract No. 14 -22 in the amount of $62,156.51 and accept construction of Project No. CP1410, 2014 Arterial & Collector Crack Seal Project F. Annual On -Call Agreements (Osborne /Snyder) City Council to approve the annual on -call Professional Service amendments for 2015 Deputy Mayor Wagner moved and Councilmember Peloza seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7 -0 V. UNFINISHED BUSINESS There was no unfinished business. Page 4 of 7 CA.A Page 28 of 181 VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6538 (Wales /Coleman) An Ordinance of the City Council of the City of Auburn, Washington, establishing the levy for regular property taxes by the City of Auburn for collection in 2015 for general City operational purposes in the amount of $16,879,116.00 Councilmember Wales moved and Councilmember Holman seconded to adopt Ordinance No. 6538. MOTION CARRIED UNANIMOUSLY. 7 -0 B. Ordinance No. 6541 (Holman /Snyder) An Ordinance of the City Council of the City of Auburn, Washington, relating to Planning; adopting Comprehensive Plan Text Amendments pursuant to the provisions of RCW Chapter 36.70 Councilmember Holman moved and Councilmember Wales seconded to adopt Ordinance No. 6541. MOTION CARRIED UNANIMOUSLY. 7 -0 VIII. RESOLUTIONS A. Resolution No. 5106 (Peloza /Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a 3 year agreement with GATSO USA, Inc. for photo enforcement solutions Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 5106. Councilmember Peloza explained the City had a photo enforcement program previously and the Council requested staff put the contract out to bid again for the program. Out of the three responses the Municipal Services Committee recommended GATSO for a three year contract. Councilmember Osborne stated if the City relocates a camera to a new location there will be a 30 day warning ticket period. The cameras also allow for amber alert notification and the administrative fees will not have a budget impact for the City. Councilmember Wales spoke of her concerns regarding photo enforcement including the need for photo enforcement, perception of the citizens and visitors to the City, less officers on the street for community policing and warning signs at intersections that do not have cameras. Mayor Backus noted the City has started removing signs where there is no photo enforcement camera. Deputy Mayor Wagner reported the Junior City Councilmembers discussed this at their meeting earlier tonight. The Councilmembers feel the red light cameras are a safety improvement for the City. Page 5 of 7 CA.A Page 29 of 181 Councilmember Holman stated the purpose of photo enforcement is to reduce accidents. During the time the City had Redflex there was no reduction in the number of accidents. The cameras could not be used to investigate criminal activities. He feels the enforcement should be done by an officer on the street. Councilmember Peloza stated he likes the signs at all intersections and supports the cameras. Councilmember DaCorsi stated when he researched the statistics on photo enforcement in other jurisdictions where they have seen an increase in traffic accidents. He wants the City to be a friendly place to live and feels the red light camera systems are unfriendly. Councilmember Trout stated this needs to be looked at as a safety issue and not a revenue source. She does not want red light cameras in the City. Deputy Mayor Wagner stated fatal accidents are reduced and there is down trend of collisions in the City. He noted the City is a safer place to drive since the cameras have been installed. MOTION FAILED 3 - 4 - Councilmembers Wales, Holman, DaCorsi and Trout voted no. B. Resolution No. 5111 A Resolution of the City Council of the City of Auburn, Washington, confirming the determination of emergency for repairs to the traffic signal at the intersection of Oravetz Road and Kersey Way and ratifying and confirming prior acts Councilmember Osborne moved and Councilmember Peloza seconded to adopt Resolution No. 5111. MOTION CARRIED UNANIMOUSLY. 7 -0 IX. REPORTS 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 Wagner reported he attended a DARE Graduation, a Senior Center Coffee Hour and the Western Washington College of Engineering Advisory Board meeting. Councilmember Trout reported she attended the Veteran's Day celebrations. Councilmember Osborne reported he attended the Veteran's Day celebrations. Councilmember Peloza reported he attended the Veteran's Day celebrations, the Buena Vista Seventh -day Adventist School Veteran's assembly, Sound Cities Association Public Issues Committee meeting, Water Resources Inventory Association No. 9 (WRIA 9) meeting, the Lower Green River System Framework meeting and the King County Solid Waste Advisory Committee meeting. Page 6 of 7 CA.A Page 30 of 181 Councilmember Wales reported she attended the Veteran's Day celebrations. Councilmember DaCorsi reported he attended the Association of Washington Cites Legislative Committee meeting. B. From the Mayor Mayor Backus read a portion of the King County Council budget synopsis that relates to the King County Public Health Clinic in the City of Auburn staying open. Mayor Backus reported she the attended the Veteran's Day celebrations. Mayor Backus recognized Kristy Pachciarz and Julie Krueger from the Parks Department for the amazing Veterans Day celebration. Mayor Backus also attended the high school band competition held at Troy Field. X. EXECUTIVE SESSION At 9:02 p.m., Mayor Backus recessed the meeting to executive session for approximately fifteen minutes in order to discuss pending /potential litigation pursuant to RCW 42.30.110(1)(i). Mayor Backus indicated no Council action would follow the executive session. City Attorney Heid and Finance Director Shelley Coleman attended the executive session. Mayor Backus reconvened the meeting at 9:18 p.m. XI. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:18 p.m. APPROVED this 1st day of December, 2014. NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk Page 7 of 7 CA.A Page 31 of 181 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Claims Vouchers AGENDA BILL APPROVAL FORM Date: November 25, 2014 Department: Attachments: Budget Impact: Finance No Attachments Available $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims voucher numbers 431308 through 431472 in the amount of $3,039,619.66 and two wire transfers in the amount of $2,816.54 and dated December 1, 2014. Reviewed by Council Committees: Finance Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: CA.B CA.B AUBURN * MORE THAN YOU IMAGINED Page 32 of 181 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Payroll Vouchers AGENDA BILL APPROVAL FORM Date: November 25, 2014 Department: Attachments: Budget Impact: Finance No Attachments Available $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 535126 through 535199 in the amount of $363,247.58 and electronic deposit transmissions in the amount of $1,369,666.42 for a grand total of $1,732,914.00 for the period November 13, 2014 to November 26, 2014. Reviewed by Council Committees: Finance Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: CA.0 CA.0 AUBURN * MORE THAN YOU IMAGINED Page 33 of 181 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Small Works Project No. EM1303 November 19, 2014 Department: Attachments: Budget Impact: Administration Fs ai avFsts $0 Administrative Recommendation: City Council approve final payment for Small Works Contract No. 13 -22 in the amount of $60,672.38 and accept Project No. EM1303, R Street Emergency Repairs. Background Summary: In July 2013, the City acquired the property located at 2840 Riverwalk Drive in Auburn. All buildings had been vandalized and in need of repairs for safety and security. The main building has been returned to its original condition. Reviewed by Council Committees: Councilmember: Osborne Staff: Hursh Meeting Date: December 1, 2014 Item Number: CA.D CAL AUBURN * MORE THAN YOU IMAGINED Page 34 of 181 SIERRk no.n7nk,cmw caluawr.+, -C TO: City "of Auburn 25 West Main Street Aubum, WA 98001 FROM: Sierra Construction Company, Inc. 19900 144th Ave. NE Woodinville, WA 98072 INVOICE PROJECT: R ST. PROP. EMERGENCY REPAIRS 2840 Riverwalk Drive Auburn, WA 98002 VALUE OF PREVIOUSLY INVOICE SUMMARY WORK COMPLETED COMPLETED Amount per attached listing: $314,402.25 $256,342:55 Less Retainage: $15,720.14 $12,817.15 REQUEST M 2131004 JOB M. 02 -13 -10 PERIOD TO: October 31, 2014 TERMS: Net 30 CURRENT AMOUNT DUE $58,059.70 $2,902.99 SUBTOTAL: • $298,68211 $243,525.40 $55,156.71 Washington State Safes Tax- 9.5% $29,868.21 524,352.54 $5,515.67 TOTAL $328,550.32 $267,877.94 $60,672.38 RECEIVED NOV 5 2014 City of Auburn Ccmmt'nity Dev & Public Works Fa Uffi-e LJ�anly ' -�stan i9. 01.CITAUB Acoun.ing Date: 1013S1203 AMOUNT DUE 1113012014 560,672.38 Approval for Payment Proj # Date\\ I '-ti lnitial� ❑ DESGN ❑ ROWAY ❑ CONST 13 ENVIR 13 VENGR Task GL Code Description' CA.D Page 35 of 181 } CONiTRACTOR 02,310 -04 OVMFR APPLICATION NO': 1or3112014 OR PAYMENT ►NVOIC1- DATE: ARCHITECT TIFICATE F Rp,CTOR: 02 -13-10 APPLICATION AND CER FROM CUNT Inc. PROJECT No: 1ol31r2o14 Sierra Construction Company, PERIOD TO: 12131 x2013 TO ptrVNER 19900 144th Ave NE OpNTRACT DATE: pdinville, WA 98072 City of s1 Ma Street T: R ST, PROP, EMERGENCY REPAIR 25 4e 98tre PftOJEC Auburn, 2540 R'rvetwalk Dnve WA 96002 st of the Contractor's knowledge, Auburn Allies that to the be ment has been ned Contractor ce b this p,ppl'catlon for Pay The unders"9 lief the 1Nork covered y nts that all amounts have been Pa" with the Canlrac certificates for Payment were CT FOR'. PAYMENT; information and be evious Certifica Ct TRA completed in accordan for which F TO AppLICA11014 FOR b Contractor for Wo and that current payment shown he h` tQN A . p,CT $312.249,00 y from the Owner.Q�R� CpNTR received Inc. 52,193.25 payments nsiruction Co+�Re1ny CT SUM $314,40225 TRACTD 'Sierra Co TRA CON Date: f . ORIGINAL CON orders 402.25 Change ora $314, 2, Net change by Line 1 + 2) By /it 3. CONTRACT SUM TO PATE ( f SPORED t0 St hing►on "� F^ bps' 4. TOTAL COMPLETED AND uatron Sheet) day of PATE (Column G on Co County of: King re me t $15 724.14 A1P1AGl Sworn and subscribed t IF be r ZB S. R� Notary public: violl $q 0D fires: of ComE n �Cwn Shaer} my Commission xP {Column D $15,720.14 .��ENT data Material TIFICATE FCR PA t).9 OOy° of Stored site otrse"at "ohs and t $$ f,82,11 CT's CER based on on st of the (Column F on Continuation Sheet) I p,RCHITE Contract pocume<' ner that to the b �i�tgd g + 5ta or Total accordance with the the Architect ce Aifle5 to the progressed as Total Retama9e (Qngontnuahon Sheet) In aLCO IiCation. Columr'S l bn m rising the aPP cumen�• and the ConUador is EARNED prGhitecYs knowledge• in i�8 sce n and belief the Work GE 568 21 co p LESS R£TAI� X29, with the contract 6 TOTAL Talal) quality of Wor1c is in ac. AMOUNT nce CERTIFIED - tL,. 4 less Line 5 TAX payment al the STATE SALES $267,877.9+1 entitled 10 pay 7. WASHINGTON TIFICATES FOR �0 572.38 1t1OUS CF ificate) pptlt]l1NT CERTIFIED... nt applied. tnitiat eu fxlures on this 8, LESS PRE u 6 and 7 from prior Ced the arrrou mount certified•} PAYMENT t ified di[Ws 1-m farm with the a tanatron rf amount tent are Chal jO cox+ $15,720.14 (08ched exA tinuation Sheet that ,�. CURRENT ppYMENT DUE ETAWAGE Application arid � the � CE TO FINISH. INCLUDING R pEQUCTIONS ARCHITECT pate: 10. BAIJN`I ppDIT10N5 pl1 3 less Line s) is a able only to the CHANGE ORDER SUMMARY $2,193.25 By AMOUNT CERTIFIED ' P y payment are without in revious ottabte- The lance or es approved' P to is not neg nce payment and a deP Total t hang Owner This Certifica Issua tractor under this COnkract . months b Contractor named nh� of the Owner or Gon Total app roved this month $2193.25 prejudice to any 9 TOTALS $2,19325 NET CHANGES by Change Order Page 36 Of 181 CAD CONTINUATION SHEET APPLICATION AND CERTIFICATION FOR PAYMENT, containing Contr actors signed certification is attached APPLICATION NO.: 021310 -D4 In tabulations below; amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items apply. APPLICATION DATE 10/31/2014 PERIOD TO:: 1013112914 Project: 0213101 R ST. PROP. EMERGENCY REPAIRS PROJECT NO.: 02 -13-10 A B C D E F G M I J K ITEM DESCRIPTION OF WORK ORIGINAL APPROVED SCHEDULED V10RK COMPLETED MATERIALS TOTAL % BALANCE RETAINAC,E ND. CONTRACT CHANGES VALUE PRESENTLY COMPLETED 01E7 TO (IF VARIABLE FROM THIS PERIOD STORED ANDSTORED FINISH RATE) PREVIOUS APPLICATION (NOTIN TO DATE (F*G) F OR G) (F+G +1-I) 01 General Requiwm is $ 65,928.00 $ O.Oo $ 65.928 DO $ 59,37520 $6.592.00 $ - $ 65,928.00 100% $ - $ 3,296.40 02 Site Conditions S20.232.00 $ a_DD S20.232.00 518.20880 $ 2.023.20 $ - $ 20232.00 100% S- $ 1,011.60 06 Wood & Plastic $ 4.000.00 $ 0.00 $ 4,000.00 $ 4,000.00 $ - $ - $ 4,060.00 100 % $ - $ 200.00 OB Doors & Windows $ 12,046.00 S 0.00 S 12,048 -DO $ 12,046.00 S • S • $ 12,046.DO 11130% s- $ 602.31) O9 Finishes $44.128.00 S 0.133 $ 44.128 -DO $ 44,12B.00 S • S. $ 44,128.00 100% 1- 12206.40 10 Specialties $ 9,448.00 S 0.00 $ 9,448.00 S 9,448.00 S- 5- S9.446.00 100 S - $ 472-30 12 FumishirV $1,000.00 S 0.00 $1.000A0 S 1,000.00 S- $ - S 1,000,00 1W% 5- $ 50.00 15 Maebanical $ 17,182.00 $ 0.00 $ 17,1 MOD S 17,182,00 $ - $- $ 17,182.00 100 §- $ 859.11 - 16 Electrical $ 116,730.00 $ 0,00 $ 118,730.00 S71,238.00 $ 47,492.00 S- $ 11 8,730.00 100% $ 5,936.50 40 Change Order 1 $ 0.00 S2,19325 $ 2.19325 $ 2.193.25 S- S - $ 2,19325 100 S - S1109.66 SO Overhead & Pmrfi $ 19,517.00 S 11.00 $ 19,517.00 $ 17,565.30 S1.9511.70 6- $ 19,517 -00 100% $ - $ 975 -87 TOTAL $ 312.209.00 $ 2.11325 s 314.4a225 3 256,342 -55 $ 58.059,70 S • $ 314,402 .25 100 $ - $15,72014 CAD Page 37 of 181 2:36,03PM R 1 PROP EµER�GY REP P �Name1 , TEptAM X j011opta EE ( R 2$ 0 R e avK i�irre iP o dre �e1 \N A tx,m,Vllp' 96pQ2 �g g hrytiz U� oS Managof'- . a Go^s�an Gomaa n \Y N a(neFtt� �' Pr UDC thatihe N u ^dseE , S "as ��) 6,d an d 9 nc• en of b letios .- ea m oti re�setr�vea d and rirt for tato" Std NE isus -oe acw+o""t 9�t for \ate anY snd a \\ Vey ai\ paY �� throu9 %Nelebl FRS 1 i4A A gtat�.?�P�v daes "oot �6�g1rebY e reteasj„ s tetease o tateren t data ygp t2 t ay. e undersr9rats m it\e su ®nd dire a �a rrre to the ed attar cha ad u `nv. \ \e, shed nor Aems ta^"sh e b pogres palm, the above a pT k irrNt\ to the ab? s,9ned has omrtats t �e relent'° D SIA.tEgSµ rson RE�Ep SE of a d and the rt c equip^` saes p\StO J.� \ jAetl Epp► PAid fact ?e '1. underst9 AY ends rve to s a antY a HIS ONC js \SHAVE NOT 6 ` oco G ntact (etePhOM1e r'0110"00 gt vRt�'r�e \eck t`as ^� t co a tere t'\i S RiG �E a \G N t4 �Ut) Go go ih en ttrg ch R1ent sha its aw \4 e%ce t Ct�t`EN� G G V? �N tT, dofj dherebY ack3 qnd (awn, ih�s(s\gned has °r` ^ 10tgAtZq .s d°a'ma^ iS OG FOR YpU't ned mat 6p h \t was d the dye pans tyro fe ent qi th Np ( \G� gF£N PAaNST YOV lF unders39 . \n d* su up°r' whrc t ice^ `r'hrch Indio' tpre anY reap Y O\ J ttA g�E AG Zed S�8 thB ��n pa d by a, char s a^ et, M tter,ats �a t�ceatt'Ir` Oe enders e^�. ENFGpGF� t 'el � hatewase anY air Arm• egU,tio^ ar demg4.denca of paYme S�A1E OF S,9 ^store 1n e.I'4�` 1 (ete '90f OD 10 re03'er 2, ..\d UND£R (NEG R EcS re \mss °n � p�R�URY ,FRV� A\'tO d2Y does ai ER?ENp't- 1NE VEtSA paiedih'S / rt. tarerre t GER1tP t)ND T f\AS natural to on at, �9 tA"d'� $ta c"'m of dal of �nartw w(e; $tgna A + �,{�r ir• ETnte1 on ihrs nat\ a\')V'ved +l at • d" Geed (((jjj� More me Wes, to rrtyeto f�� twhe orn0 `nsirume tng `a°S t3A� Siaie oi. J G f 91 iore0 `d a ^bty' i°r trumerrt on .t i �1 " ./ of thehrn at se dvgins r� (p{� 1� ntY dal °( 4 wt"`d' ex vow tatY act a Utorrzed to exec eq Y ° Gov d s - ins tree and �. e is au and e at ha J' 1 to Qn reo \Y t' cnstrurr a honed utY • staled ti EFyEpF t navy hgre\to set mY 1 r m to tye the nd no+�ed0 ses n (^en en trt k�,m \a trument s es and of th A" tab A it prn9 ins ta( the US an tjeha \t ` J'� ��%S! wry 0"t2 aoo is \d en�tY, ment c ,tON she State of re9 �L at d d\e vnth ^ deed of sa to thrs mstro ` dta�4V' '� tS' h ext c`rU tart act a� jed to a% ��tl t rN art K P � in and t°r wh vat`s` author' nd and attrxed to ._aj tree Std hathelshe r9 PU r �t mY ha ,�,,, �s.rl�n0 at EpF,\havet1ereunto -1-2Ii :ti G ,mrssw^exPres f ABA µER ��a /. ' �J$ O iM`f'dtNE$Wr\tten., � page fast at'o red Narar'f ubtrc � end tar the State res' at Gam((r.s5bn ex'prres Cp, D -- t the C i..i,y C�1: VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6533 November 20, 2014 Department: Attachments: Budget Impact: Finance Ordinance No. 6533 $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6533, establishing the Citys budget for 2015 -2016. Background Summary: Budget Process: In June, the City began the process of developing the budget for the 2015 -2016 biennium. This included budget workshops and public hearings as follows: - July 9: Fund and Budget Process Overview (workshop #1) - August 12 and 26: General, Proprietary, Capital and Special Revenue Funds (workshops #2 and #3) - September 10: General, Proprietary, Capital and Special Revenue Funds (workshop #4) - September 15: Review General Fund revenues; first public hearing on budget - September 18: General, Proprietary, Capital and Special Revenue Funds (workshop #5) During these presentations and workshops, Council provided policy guidance to the administration. These included clarifying 2013 -2014 accomplishments and expanding upon 2015 -2016 goals and objectives. 2015 -2016 Preliminary Budget: A copy of the 2015 -2016 Preliminary Budget was filed with the City Clerk, distributed to Council, and made available to the public on October 17, 2014. Ordinance No. 6533: Council's approval of Ordinance No. 6533 will establish the City's 2015 -2016 biennial budget. As the budget has been reviewed by Council during the budget workshops, adoption of Ordinance 6533 is scheduled as follows: - November 17: First reading by the Finance Committee and a public hearing before the full Council. ORD.A AUBURN * MORE THAN YOU IMAGINED Page 39 of 181 - December 1: Second and final reading by the Finance Committee with referral to the full Council for adoption. Staff recommends Council approval of Ordinance No. 6533. Reviewed by Council Committees: Finance Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: ORD.A ORD.A AUBURN * MORE THAN YOU IMAGINED Page 40 of 181 ORDINANCE NO. 6533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2015 -2016 BIENNIAL BUDGET FOR THE CITY OF AUBURN, WASHINGTON THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That pursuant to the provisions of Chapter 35A.34, the Mayor of the City of Auburn has heretofore duly completed and placed on file with the City Clerk of the City of Auburn a preliminary biennial budget for 2015 -2016, and that notice was thereupon duly published, as required by law, stating that the Mayor had completed and placed on file such preliminary budget and a copy would be furnished to any taxpayer who would call therefore at the office of the City Clerk, and that the City Council of the City of Auburn would meet on November 17, 2014 at 7:30 p.m. for the purpose of fixing the budget and any taxpayer might appear at such time and be heard for or against any part of such budget, and designated the place of such meetings as the Council Chambers of Auburn City Hall, 25 West Main Street, Auburn, Washington; That the Mayor of the City of Auburn duly provided a suitable number of copies of such detailed preliminary budget to meet the reasonable demands of taxpayers therefore; That the Mayor and the City Council of the City of Auburn met at the time designated in said notice in the Council Chambers of the Auburn City Hall, 25 West Main Street, City of Auburn, on November 17 at 7:30 p.m.; That any and all taxpayers of the City of Auburn were given full opportunity to be heard for or against such budget; That the City Council Ordinance No. 6533 November 17, 2014 O REPA1 of 1 Page 41 of 181 has conducted public hearings on September 15, 2014 and November 17, 2014 to consider this preliminary budget, That at said meetings said budget was considered; and that, at the meeting held by the City Council on the 1st day of December 2014 the City Council considered modifications of said budget and thereafter approved the 2015 -2016 biennial budget for the City of Auburn as herein adopted by this Ordinance as shown on Schedule A. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED PASSED: APPROVED: NANCY BACKUS, MAYOR Ordinarice No. 6533 November 17, 2014 O?meR of 2 Page 42 of 181 ATTEST: Danielle E. Daskam City Clerk PUBLISHED: Ordinance No. 6533 November 17, 2014 0�ffieA3 of 3 Page 43 of 181 Schedule A 2015 Budget Summary by Fund Beginning 2015 2015 Ending Fund Fund Balance Resources Expenditures Fund Balance GENERAL FUND $14,592,724 $58,767,680 $62,813,278 $10,547,126 Arterial Street 1,312,844 14,150,590 14, 354,730 1,108,704 co Local Street 1,196,068 1,752,500 2,600,000 348,568 z U_ Hotb/Motel Tax 139,991 94,040 86,000 148,031 LL w Arterial Street Preservation 521,910 2,134,700 2,195,410 461,200 ❑ Drug Forfeiture 505,405 97,100 304,448 298,057 Housing u Community Development 27,371 450,000 440,000 37,371 Recreational Trails 36,717 7,130 43,847 BusnessImprovement Area 41,212 55,060 55,000 41,272 Cumulative Reserve 5,582,204 1,314,100 658,000 6,238,304 Mitigalion Fees 5,205,964 994,890 3,586,423 2,614,431 1998 Library Bond 279,500 279,500 - ui 2 City Hall Annex 2010 A&B Bond 1,695,917 1,695,917 - Local Revitalization 2010 C&D Bond 594,637 594,617 20 Golf Course 389,195 389,195 p LID Guarantee 24,549 20 2,000 22,569 Libimo 7,864 7,257 7,247 7,874 r Municipal Park Construction 427,106 620,130 540,000 507,236 CL Capital Improvements 8,944,989 1,840,247 2,157,368 8,627,868 Local Revitalization 229,370 250 229,620 w Water 4,526,763 19,158,319 18,310,129 5,374,953 Z Slower 10,794,820 7,985,084 9,954,201 8,825,703 LL 934er Metro 2,447,311 16,101,737 16,056,900 2,492,148 Storm Drainage 10,674,042 10,141,339 13,034,095 7,781,286 8311d Wade 2,272,081 13,347,800 12,761,420 2,858,461 ~ Airport 682,748 1,060,369 1,451,008 292,109 Cemetery 12055 1,078,300 1,048,607 156.448 cLu_i Insurance 1,613,131 1,000 218,900 1,395,231 w Workers Compenslion 123,000 860,100 816,601 166,499 C3 ¢ z Facilities 1,546,227 3,638,820 3,838,569 1,346,478 �LL Innovation and Technology 2,363,378 5,660,747 8,195,259 1,828,866 r ? Equipment Rental 4,324,274 4,210,470 5,349,861 3,184,883 U Z LL Q LL Fire Pension 2,580,481 76,000 170,181 2,486,300 z❑ ¢z LL Cemetery Endowment Care 1,663,664 34,200 1,697,864 TOTAL $84.534,9591 $168,599,228 $182,194,484 $70,939,703 TOTAL BUDGET $253,134,187 $253,134,187 Ordinance No. 6533 November 17, 2014 Cff;@WAI of 4 Page 44 of 181 Schedule A 2016 Budget Summary by Fund Beginning 2016 2016 Ending Fund Fund Balance Resources Expenditures Fund Balance GENERALFUND $10,547,126 $59,354,240 $64,735,529 $5,165,637 Arterial3reet 1,108,704 12,088,787 12,320,712 876,779 ❑ Local areet 348.568 1,602,500 1,600,000 351,068 Z Z Hotel /Motel Tax 148,031 94,940 86,000 156,971 w Arterial 3reet Preservation 461.200 3,127,300 3,351,390 237,110 D Drug Forfeiture 298,057 97,100 273,028 122,129 i Housing & Community Development 37,371 450,000 440,000 47,371 Recreational Trails 43,847 7,130 50,977 Busne$Improvement Area 41,272 55,060 55,000 41,332 Cumulative Rearve 6,238,304 14,200 1,917,084 4,335,420 Mitigation Fees 2,614,431 994,890 1,221,827 2,387,494 1998 Library Bond - 285,100 285,100 U City Hall Annex 2010 A &B Bond - 1,688,444 1,688,444 Loral Revitalization 2010 C &D Bond 20 592,452 592,432 40 Golf Course - 351,553 351,553 - oUD Guarantee 22,569 20 2,000 20,589 U D #350 7,874 7,256 7,246 7.884 ¢ N Municipal Park Construction 507,236 9,016,000 9,155,000 368,236 4 Capital Improvements 8,627,868 1,756,036 5,561,324 4,622,580 U Local Revitalization w Water 5,374,953 14,264,636 15,748,910 3,890,679 z Stever 8.825,703 8,171,011 9,793,077 7,203,637 E %wer Metro 2,492,148 16,333,387 15,317,200 2,508,335 Ell 3orm Drainage 7,781,286 9,576,161 9,784,730 7,572,717 Solid Wage 2,858,461 13,427,400 13,040,602 3,245,259 Airport 292,109 881,900 826,807 347,202 Cemetery 156,448 1,178,300 1,098,229 236,519 Lu 0 Insurance 1,395,231 1,000 218,900 1,177,331 d Workers Compensdion 156,499 863,100 854,310 175,289 ¢ Z Facilities 1,346,478 3,598.400 3,797,528 1,147,350 Innovation and Technology 1,826,866 5,639,465 5,582,583 1,885,748 n- ? EGuipmelt Rental 3,184,883 3,669,480 4,638,014 2,216,349 U Z7 in L� 1E Fire Person 2,486,300 76,000 170,659 2,391,641 Zo ¢Z LL Cemetery Endowment Care 1,697,864 34,200 _ 1,732,064 TOTAL $70,939,703 $169,297,448 $165,515,218 $54,721,933 TOTAL BUDGET $240,237,151 $240,237,151 Ordinance No. 6533 November 17, 2014 OpkV?A5 Of 5 Page 45 of 181 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council introduce and adopt Ordinance No. 6539. Background Summary: Ordinance No. 6539 (Budget Amendment #9) represents the ninth and final budget amendment for the 2013 -2014 biennium and the fourth budget amendment for 2014. For details, see the attached transmittal memorandum and supporting attachments. Reviewed by Council Committees: Finance, Public Works Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: ORD.B ORD.B AUBURN * MORE THAN YOU IMAGINED Page 46 of 181 CITY OF ..... ,AljBURN WASHINGTON To: City Council From: Shelley Coleman, Finance Director CC: Nancy Backus, Mayor Date: November 12, 2014 Interoffice Memorandum Re: Ordinance #6539 — 2013 -2014 Budget Amendment #9 The City's biennial 2013 -2014 budget is approved by Council as two one -year appropriations. Budget Amendments #1 through #5 amended the budget for calendar year 2013 and Budget Amendments #6 through #8 amended the budget for calendar year 2014. This amendment is the ninth and final budget amendment for the biennium and the fourth budget amendment for calendar year 2014. Proposed amendments to the 2014 budget are as follows: Fund Balance Adjustments: This amendment adjusts citywide 2014 budgeted beginning fund balances to reflect actual ending balances as of the end of 2013. The General Fund beginning fund balances are adjusted by a net increase of $43,204.03. This represents a technical correction. In addition, the beginning working capital balance for the Golf Course Debt Service Fund, Fund 417, is increased by $3,326,675.20. This is a technical adjustment needed to complete closure of the Golf Course Debt Service Fund. The beginning working capital balance for the Golf Course Fund, Fund 437, is reduced by $8,164,204.16. This is a technical adjustment needed to complete closure of the Golf Course Fund. FTE Additions: No new FTEs are authorized under this amendment. Project Funding Requests: Project funding requests included in this budget amendment establish spending authority for new projects or additional spending authority for existing projects. Arterial Street Fund (Fund 102: $97,500.00) • Auburn Way South & M Street Improvements (CP1024) — $67,500.00 increase in funding for project; funded by additional Transportation Improvement Board grants. • Auburn Way South Pedestrian Improvements (CP 1118) — $15,000.00 increase in funding for project; funded by reimbursement from Comcast and Century Link. • Auburn Way South Corridor Improvements (CP 1119) — $15,000.00 increase in funding for project; funded by reimbursement from Comcast and Century Link. • Municipal Parks Construction Fund (Fund 321: $25,000.00) o Lea Hill Park (CP1003) — $25,000.00 for the completion of the Lea Hill Park restroom; funded by Fund 124 Parks Mitigation Fees. ORD.B AuBU!RN � M OIU I I iAN YOU IM AGI�Rage 47 of 181 • Storm Fund (Fund 432: $40,000.00) o Hi -Crest Storm Pipeline Repair & Replacement (CP1109) — $40,000.00 revenue /reimbursement from Lakehaven Utility District. Other Requests: Other requests included in this budget amendment establish spending authority for new items such as contracts for services, receipt of grant revenues, purchase of vehicles and equipment, Innovation and Technology items, etc. General Fund (Fund 001: $161,224.00) • Administration — $55,724.00 increase in budget for temporary staffing and miscellaneous expenditures, which will be funded by an Emergency Management Performance grant as approved by Council in Resolution No. 5097. • Parks — $4,500.00 to purchase LED lighting at the Auburn Avenue Theater, funded by a 4Culture grant. • Police — $5,000.00 increase in budget to pay for grant- funded training in the investigations unit. • General Fund — $96,000.00 receipt of Criminal Justice High Crime revenues from the State Department of Revenue. • LID 250 Fund (Fund 250: $435,300.00) o Increase in budgeted revenues and expense due to the prepayment of Local Improvement District #250 for off - street parking improvements (transfer to Capital Improvements Fund, Fund 328). • Capital Improvements Fund (Fund 328: $435,300.00) o Increase in budgeted revenues due to the prepayment of Local Improvement District #250 for off - street parking improvements. • Golf Course Debt Service Fund (Fund 417: — $3.32) o Technical adjustment, increasing budgeted expenditures to complete closure of the Golf Course Debt Service Fund. • Golf Course Fund (Fund 437: $118,572.75) o Technical adjustment, increasing budgeted expenditures to complete closure of the Golf Course Fund. • Sewer Metro Sub Fund (Fund 433: $30,000.00) o Increase in budgeted expenditures to cover anticipated payments to King County through the remainder of 2014. • Solid Waste Fund (Fund 434: $150,000.00) o Increase in budgeted revenues and expenditures due to the unpredictability of rolloff activity. • Airport Fund (Fund 435: $200,000.00) o Interfund loan from the Capital Improvements Fund (Fund 328) to provide funding for the Auburn Municipal Airport T Hangar Enclosure Project, as approved by Council in Resolution No. 5103. • Equipment Rental Fund (Fund 550: $93,075.00) • $35,040.00 increase in budget to replace a mower (Unit 6909C) that has reached the end of its useful life. • $58,035.00 increase in budget to replace a tractor (Unit 6720C) that has failed beyond repair. ORD.B AuBU!RN � MOIa l HiAN YOU IMAGI� age 48 of 181 Council approval of proposed Ordinance No. 6539 would amend the 2014 budget as follows: Table 1: 2014 Budget as Amended 2014 Budget as Amended $ 284,135,204.94 Budget Amendment #9 (Ord #6539) ( 3,250,000.93) Revised Budget as Amended $280,885,204.01 Attachments: ❖ 1. Proposed Ordinance #6539 (budget adjustment #9). ❖ 2. Summary of proposed 2014 budget adjustments by fund and department (Schedule A). ❖ 3. Summary of approved changes to adopted 2014 budget by fund (Schedule B). ORD.B AuBU!RN � M OIU I IiAN YOU lMAGI� age 49 of 181 ORDINANCE NO. 6539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6432, THE 2013 -2014 BIENNIAL BUDGET ORDINANCE, AS AMENDED BY ORDINANCE NO. 6456, ORDINANCE NO. 6462, ORDINANCE NO. 6472, ORDINANCE NO. 6473, ORDINANCE NO. 6474, ORDINANCE NO. 6481, ORDINANCE NO. 6502, ORDINANCE NO. 6510, AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2013 -2014 BUDGET AS SET FORTH IN SCHEDULE "A" AND SCHEDULE "B" WHEREAS, the Auburn City Council at its regular meeting of December 3, 2012, adopted Ordinance No. 6432 which adopted the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of March 4, 2013, adopted Ordinance No. 6456 (BA #1) which amended Ordinance No. 6432 which adopted the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of May 28, 2013, adopted Ordinance No. 6462 (BA #2) which amended Ordinance No. 6456 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of August 5, 2013, adopted Ordinance No. 6472 (BA #3) which amended Ordinance No. 6462 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of September 16, 2013, adopted Ordinance No. 6473 (BA#4) which amended Ordinance No. 6472 which amended the City of Auburn 2013 -2014 Biennial budget; and Ordinance No. 6539 November 12, 2014 ORUV of 4 Page 50 of 181 WHEREAS, the Auburn City Council at its regular meeting of December 2, 2013, adopted Ordinance No. 6481 (BA #5), which amended Ordinance No. 6473 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of December 2, 2013, adopted Ordinance No. 6474 (BA #6), which amended Ordinance No. 6481 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of March 17, 2014, adopted Ordinance No. 6502 (BA #7), which amended Ordinance No. 6474 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of June 16, 2014, adopted Ordinance No. 6510 (BA #8), which amended Ordinance No. 6502 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the City of Auburn deems it necessary to appropriate additional funds to the various funds of the 2014 budget as outlined in this Ordinance (BA #9); and WHEREAS, this Ordinance has been approved by one more than the majority of all councilpersons in accordance with RCW 35A.34.200. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 2013 -2014 Biennial Budget. The 2013- 2014 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule "A" attached Ordinance No. 6539 November 12, 2014 0p,tj.132 of 4 Page 51 of 181 hereto and incorporated herein by reference. The Mayor of the City of Auburn, Washington is hereby authorized to utilize revenue and expenditure amounts shown on said Schedule "A" and Schedule "B ". A copy of said Schedule "A" and Schedule "B" is on file With the City Clerk and available for public inspection. Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstance shall not be affected. Section 3. lmplementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR Ordinance No. 6539 November 12, 2014 ORES.EB3 of 4 Page 52 of 181 ATTEST: Danielle E. Daskam City Clerk . l &7i, V�A�, 6 '!�- -. City Attorney PUBLISHED: Ordinance No. 8539 November 12, 2014 OR@A(B4 of 4 Page 53 of 181 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 Fund ( #001)' .: 1, _ 2014 Beg: Fuhd Balance °` , 'Revenue's 2014 Expenditures :" Ending Fund Balance _ General Fund 2014 Adopted Budget 8,311,010 50,553,102 54,498,330 4,365,782 BA #6 (Ordinance #6474,12.3.2013) 5,238,690 5,047,826 4,393,501 5,893,015 BA #7 (Ordinance #6502, 3.17.2014) 268,348 (144,228) 589,148 (465,028) BA#8 (Ordinance #6510, 7.7.2014) 1,598,340 445,499 806,088 1,237,751 BA #9 (Proposed Ordinance #6539) General Fund Revenues Receipt of two quarters of Criminal Justice High Cnme revenues from DOF, 0 96,000 0 96,000 Administration Department Recognition of Emergency Management Performance Grant (EMPG) for 0 55,724 55,724 0 temporary staffing and supplies, Resolution No. 5097 Community Development and Public Works Department Increase budget for bank card processing fees. 0 0 120,000 (120,000) New signage for Downtown Parking Management Plan, Resolution No 5031 0 0 10,000 (10,000) Police Department Recognition of pass- through money received for WSORCA training 0 5.000 5,000 0 Parks Department Recognition of 4Culture Grant for the purchase of LED lighting at 0 4.500 4,500 0 the Auburn Avenue Theater Beginning Fund Balance Technical correction to the 2014 beginning undesignated fund balance to 43.204 0 0 43,204 match 2014 actuals. BA#9 Total 43,204 161,224 195,224 9,204 2014 Revised Budget, ,' z.: 15,459,592 56,063,423 60,482,290. 11,040,724' :.Memo:- Unrestricted GF Ending fund'balance t. ' _ Total Resources I Expenditures 8.0% General Fund Reserve Requirement 71,523,015 11,040;724 71,523,015 4,838,583 C: \Users \emcoske \Desktop \MTG Nov 17 -2014 \Ord 6539 - BA #9 \BA #9 - Sched A and S.xlsx Page 54 of 181 Page 1 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 - Arterial Street Fund ( #102 M. ' ' Beg: Fund'Balancd 2014 ` Revenues - 4 2014 Expenditures' ;,.'.Ending Fund`Balande-" 2014 Adopted Budget 856,364 3,849,658 3,892,270 813,752 BA #6 (Ordinance #6474,12.3.2013) 130,000 1,935,446 2,549,006 (483,560) BA #7 (Ordinance #6502, 3.17.2014) 961,893 5,873,643 6,871,306 (35,770) BA #8 (Ordinance #6510,7.7.2014) 487,665 0 16,265 471,400 BA#9 (Proposed Ordinance #6539) Recognition of State Grant for Auburn Way S & M Street Improvement 0 67,500 67.500 0 Project (CP1024). Increase budget for Auburn Way S Pedestrian Improvement Project (CP1118) 0 15,000 15,000 0 for design of utility trench, reimbursement from Century Link and Comcast Increase budget for Auburn Way S Corridor Improvement Project (CP1119: 0 15,000 15,000 0 for design of utility trench, reimbursement from Century Link and Comcast BA#9 Total 0 97,500 97,500 0 2074 Revised Budget °r:; 2;435,922 11,756;247 0 13,426,347 0 q` :. 765,822 Total Resources / Expenditures 14,192,169 14,192,169 Mitigation Fees Fund ( #124) - Beg. Fund Balance 2014 - Revenues 2014.Expendituies , ZEnding Fund =.Balance 2014 Adopted Budget 2,531,402 880,000 426,050 2,985,352 BA #6 (Ordinance #6474,12.3.2013) 0 1,045,300 1,090,790 (45,490) BA #7 (Ordinance #6502, 3.17.2014) 0 0 1,103,872 (1,103,872) BA #8 (Ordinance #6510, 7.7.2014) 2,109,366 0 0 2,109,366 BA#9 (Proposed Ordinance #6539) Transfer Out - Parks Mitigation Fees to Fund 321 for Lea Hill Park 0 0 25,000 (25.000) restroom (CP1003). BA #9 Total 0 0 25,000 (25,000) 2014.Revised Budget' 4,640,768 1,925;300 2,645,712 -3,920,356 Total Resources I Expenditures 6,566,068 6,566,068 C: \Users\emcoske \Desktop \MTG Nov 17- 2014 \Ord 6539 - BA#9 \BA #9 - Sched A and B.xlsx Page 55 of 181 Page 2 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 LID #250 ( #250) ;,• ;', : >- . ' ' ° v.s.., Beg. Fund Balance , 2014 t.. Revenues'< =' 2014 Expeinditures' Ending;Fund Balance 2014 Adopted Budget 369 56,393 56,373 389 BA #6 (Ordinance #6474,12.3.2013) 0 0 0 0 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 7 0 0 7 BA#9 (Proposed Ordinance #6539) Prepayment of LID #250 for off - street parking improvements. 0 435,300 435.300 0 BA#9 Total 0 435,300 435,300 0 2014 Revised Budget •. .. ,r :` _ .; .. .: , -. ;...; _:,::i >::'::'. �, , - :. 376_„ ,, 491;693; . :`. - ^491;673:.,:' _ ` .,• _., .. 396 Total Resources / Expenditures 492,069 492,069 Municipal'Park Construction Furid ( #321) Beg..Fund Balance _ Revenues. 2014 Expenditures Endin g YFund :Balance 2014 Adopted Budget 325,267 18,171,700 18,436,000 60,967 BA #6 (Ordinance #6474, 12.3.2013) 45,000 (7,983,269) (7,915,500) (22,769) BA #7 (Ordinance #6502, 3.17.2014) 0 1,365,883 1,365,883 0 BA #8 (Ordinance #6510, 7.7.2014) 104,212 47,230 47,230 104,212 BA#9 (Proposed Ordinance #6539) Transfer In from Fund 124 for Lea Hill Park restroom (CP1003). 0 25,000 25,000 0 BA#9 Total 0 25,000 25,000 0 2014 "Revised Budget: • '. 474;479 11,626,544 11,958;613 :. : 142;410 Total Resources/ Expenditures 12,101,023 12,101,023 CAUsers \emcoske \Desktop \MTG Nov 17- 2014 \Ord 6539 - BA #9 \BA #9 - Sched A and B.xlsx Page 56 of 181 Page 3 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 .. Capital Improvements,Fund ( #328) ' Beg Fund Balance 2014 Revenues;.. ;;f ,.,:` 2014 Expenditures . i r ',`Ending Fund.f3alance ' 2014 Adopted Budget 4,586,304 1,524,819 1,097,300 5,013,823 BA#6 (Ordinance #6474,12.3.2013) 1,625,319 1,615,790 6,544,408 (3,303,299) BA #7 (Ordinance #6502, 3.17.2014) 702,206 79,568 781,774 0 BA#8 (Ordinance #6510, 7.7.2014) 2,189,098 100,000 147,230 2,141,868 BA#9 (Proposed Ordinance #6539) Prepayment of LID #250 for off - street parking improvements. 0 435,300 0 435,300 Interfund loan to Airport Fund for T Hangar Enclosure Project, Resolution No. 5103. 0 0 200,000 (200,000) BA#9 Total 0 435,300 200,000 235,300 evisu g, 9,102,92 8,770,712 4,087,692 Total Resources Expenditures 12,858,404 12,858,404 G61f,Course Debt`Seniice Fund( . ,, 4: +r' °` Beg." Beg: Fund Balance.,",, 2014' . Revenues :' 2014 Expenditures Ending;Fund. Balance 2014 Adopted Budget 0 393,144 393,144 0 BA #6 (Ordinance #6474,12.3.2013) 0 (393,144) (393,144) 0 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) (3,326,679) 0 0 (3,326,679) BA #9 (Proposed Ordinance #6539) Technical adjustment to complete closure of the Golf Course Debt Service Fund 3,326,675 0 (3) 3,326,679 BA#9 Total 3,326,675 0 (3) 3,326,679 Revised , Total Resources / Expenditures (3) (3) C: \Users \emcoske \Desktop \MTG Nov 17- 2014 \Ord 6539 - BA #9 \BA #9 - Sched A and B.xlsx Page 57 of 181 Page 4 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 _ Storm Drainage,FUnd (#432) Beg. Fund Balance.::.' -2014 Revenues 2014 Expenditures -: z� Ending Fund:Balance .; 2014 Adopted Budget 6,299,114 9,295,843 8,530,856 7,064,101 BA #6 (Ordinance #6474,12.3.2013) 4,482,588 (5,501) 4,933,557 (456,470) BA #7 (Ordinance #6502, 3.17.2014) 6,453,350 1,689,400 8,142,750 0 BA #8 (Ordinance #6510, 7.7.2014) (1,472,113) 0 444,842 (1,916,955) BA#9 (Proposed Ordinance #6539) Recognize revenue from Lakehaven Utility District for design services for 0 40.000 0 40,000 the Hi -Crest Storm Pipeline Repair & Replacement Project (CP1109). BA#9Tota1 0 40,000 0 40,000 2014 Revised Budget ; ''., , ." • ' '._ ,', i " "' 15,762,939 ; .:: ,'s , ,11;019,742 _ -: 22,052,005 :. 4;730,677' Total Resources/ Expenditures 26,782,681 26,782,681 Sewer Metro Fund (#433)"x,`: `': +, %S ::; °' Beg. Fund.Batance t" 2014 .Revenues 2014 Expenditures: ' Ending_ F.und:Balance_ 2014 Adopted Budget 0 0 0 0 BA #6 (Ordinance #6474,12.3.2013) 0 15,000,000 15,000,000 0 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 1,826,811 0 0 1,826,811 BA#9 (Proposed Ordinance #6539) Anticipated payments to King County for 2014. 0 0 30.000 (30,000) BA#9 Total 0 0 30,000 (30,000) 2014 Revised Budget " -' "i; = "';.- "; ';,' " -" 1,826,811 ' .'. - 15,000,000 15,030,000 1,796,811 Total Resources / Expenditures 16,826,811 16,826,811 C: \Users \emcoske \Desktop\MTG Nov 17- 2014 \Ord 6539 - BA#9 \BA#9 - Sched A and B.xlsx Page 58 of 181 Page 5 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 Solid.Waste Fund (#434) _: '., " Bed.'Fu nd�Balance Revenues 2014 Expenditures , Ending Fund Balaric'e 2014 Adopted Budget 596,362 12,062,904 12,497,894 161,372 BA #6 (Ordinance #6474,12.3.2013) 0 1,087,595 43,830 1,043,765 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 908,198 24,000 24,000 908,198 BA#9 (Proposed Ordinance #6539) Anticipated revenues and expenditures from rolloff activity 0 150.000 150,000 0 BA #9 Total 0 150,000 150,000 0 2014 Revised Budget, •: :.1,504,560 „' ' 13,324,499 „ ".., 12,715,724 -" 2,113,336 Total Resources / Expenditures 14,829,059 14,829,059 Airport Fu i...r r . p nd,(#435) -# "" , <,• = ;, ,: : "'> Bal Bed. Fund ance 2014 Reven_ ues '•° ' 2014Ezpenditui'es; '" A867,903 Ending Fund Balance: 2014 Adopted Budget 544,152 808,380 484,629 BA #6 (Ordinance #6474,12.3.2013) 103,000 226,750 333,976 (4,226) BA #7 (Ordinance #6502, 3.17.2014) 7,930 134,256 158,566 (16,380) BA #8 (Ordinance #6510, 7.7.2014) 146,202 286,595 475,679 (42,882) BA#9 (Proposed Ordinance #6539) Interfund loan from Fund 328 to Airport Fund for the Airport T Hangar 0 200,000 200,000 0 Enclosure Project. Resolution No. 5103. 0 BA #9 Total 0 200,000 200,000 0 2014 Revised Budget "' rr 801,284 1,655,981; "- ' 2,036,124 421;141 Total Resources I Expenditures 2,457,265 2,457,265 C: \Users\emcoske \Desktop \MTG Nov 17 -2014 \Ord 6539 - BA #9 \BA #9 - Sched A and B.xlsx Page 59 of 181 Page 6 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 i Golf Course Fund (#437) ° °r . , Beg. Fund Balance, 2014: f Revenues 2014 Expenditures-' Ending Fund Balance <' 2014 Adopted Budget 91,134 1,521,430 1,537,577 74,987 BA #6 (Ordinance #6474,12.3.2013) (91,134) (1,521,430) (1,537,577) (74,987) BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 8,313,777 0 31,000 8,282,777 BA#9 (Proposed Ordinance #6539) 0 Technical adjustment to complete closure of the Golf Course Fund. (8,164,204) 0 118,573 (8,282,777) BA #9 Total (8,164,204) 0 118,573 (8,282,777) 2014 , Revised.Budget '. :';', ,, 149,573 • •, ? i °. • 0 - ., 149,573 - 0 Total Resources I Expenditures 149,573 149,573 Equipment Rental;F.und'( #550) .,,` .° .`' Y ,-•Be_g -Fund Balance` 2014: Revenues _ 2014:Expenditurest _ Ending Fund, Balance.' 2014 Adopted Budget 3,235,090 2,992,750 4,095,913 2,131,927 BA #6 (Ordinance #6474, 12.3.2013) 0 50,000 80,759 (30,759) BA #7 (Ordinance #6502, 3,17.2014) 861,030 280,000 1,301,340 (160,310) BA #8 (Ordinance #6510, 7.7.2014) 1,824,324 120,000 237,833 1,706,491 BA#9 (Proposed Ordinance #6539) Replace Tractor with John Deere 5075E Cab Model Tractor - Unit 6720C 0 0 58,035 (58,035) Replace Mower with John Deere 1580 Terrain Cut Commercial Mower - Unit 69090 0 0 35,040 (35,040) BA#9 Total 0 0 93,075 (93,075) 20% Revised, Budget ,. "• 5,920,444..:'+ 3,442,750 =- 5,808,920 • -3,554,274 -, Total Resources! Expenditures 9,363,194 9,363,194 T ., : -. . Grand Total'- 'AII.Funds :° Beg.. Fund Balance 2014'- Revenues 2014 Expenditures Ending Fund :Balance 2014 Adopted Budget 59,075,426 153,869,829 164,654,843 48,290,412 BA #6 (Ordinance #6474, 12.3.2013) 17,748,977 5,231,042 20,436,667 2,543,352 BA #7 (Ordinance #6502, 3.17.2014) 18,106,027 9,344,522 31,161,209 (3,710,660) BA #8 (Ordinance #6510, 7.7.2014) 19,716,758 1,042,624 3,123,178 17,636,204 BA#9 Total (4,794,325) 1,544,324 1,569,668 (4,819,669) 2014 Revised Budget. ° - =' :'r` ° .; : _ = :. ' =` • 109,852,863 ,, , ; " ,-171,032;341. 220,945,565 59,939,639 Total Resources f Expenditures 280,885,204 280,885,204 C: \Users \emcoske \Desklop\MTG Nov 17- 2014 \Ord 6539 - BA #9 \BA#9 - Sched A and B.xlsx Page 60 of 181 Page 7 DaPa% 2oCdY of A�bucn F`��ia� Fund sr- hedu \e dluse�tsD 6539 S, Mo ary At^eodmud9 Ordnance N e� Budget Page 61 of ABA P and g x�sx coske \�sktoP�''CG Noy 1?- 254 \Otd G \Users��n oR� e page 8 Schedule B 2014 Appropriations by Fund BA#6'-' 8;�, PA # 2014 Ft6ige&�,�] d Bud un X65'iO)Nl, 6539 General Fund (#001) 58,864,112 10,286,516 124.120 2,043,839 204,428 12,658,903 71,523,015 Arterial Street Fund (#102) 4.706.022 2,065.446 6,835,536 487,665 97,500 9,486,147 14,192,169 Local Street Fund (#103) 1,718,320 493,800 701,060 717,077 - 1,911,937 3,630,257 Hotel Motel Fund (#104) 165,431 - 45.670 45,670 211,101 Arterial Street Preservation Fund (#105) 3,627,660 5,000 623,600 (731,022) (102,422) 3,525,238 Drug Forfeiture Fund (#117) 1,198,768 - - (206,114) - (206,114) 992,654 Housing and Community Development Grant Fund (#119) 495,647 (8.124) (8,124) 487,523 Recreation Trails Fund (#120) 36,691 16 16 36,707 Business Improvement Area Fund (#121) 76,720 - 19,472 19.472 96,192 Cumulative Reserve Fund (#122) 5,703,796 2,000,000 527,332 2,527,332 8,231.128 Mitigation Fees Fund (#124) 3,411,402 1,045,300 2,109,366 3,154,666 6,566,068 1998 Library Fund (#229) 330,354 (46.354) (46,354) 284.000 2010 Annex A&B Bond Debt Fund (#230) 1,696,678 (158) (158) 1,696,520 2010 C&D Local Revitalization Debt Fund (#231) 598,520 (200) (200) 598,320 LID Guarantee Fund (#249) 34,688 (64) - (64) 34,624 LID #250 (#250) 56,762 7 435,300 435,307 492,069 LID #350 (#275) 7,246 10,888 10,888 18,134 Golf Course Debt Service Fund (#237) - 393.144 - - - 393.144 393,144 Municipal Park Construction Fund (#321) 18,496,967 (7,938,269) 1,365,883 151,442 25,000 (6,395,944) 12,101,023 Capital Improvements Fund (#328) 6,111,123 3,241,109 781,774 2,289,098 435,300 6,747.281 12,858,404 Local Revitalization Fund (#330) - - - 559,070 - 559,070 559,070 Golf Course Debt Service Fund (#417) 393,144 (393,144) - (3,326,679) 3,326,675 (393,147) (3) Water Fund (#430) 20,181,730 5,045,654 4.193,683 (605.674) 8,633,663 28,815,393 Sewer Fund (#431) 29,135,418 (14,006,575) 2,302,627 3,073,453 (8,630,495) 20,504,923 Storm Drainage Fund (#432) 15,594,957 4,477,087 8,142,750 (1,472,113) 40,000 11.187,724 26,782,681 Sewer Metro Fund (#433) - 15,000.000 - 1,826,811 - 16,826,811 16,826,811 Solid Waste Fund (#434) 12,659,266 1,087,595 - 932,198 150,000 2,169,793 14,829,059 Airport Fund (9435) 1,352,532 329,750 142.186 432,797 200,000 1,104.733 2.457,265 Cemetery Fund (#436) 1,107,862 127,200 - 203,082 - 330,282 1,438,144 Golf Course Fund (#437) 1,612,564 (1,612,564) 8,313,777 (8,164,204) (1,462.991) 149,573 Insurance Fund (#501) 1,784,479 - 33,252 33.252 1,817,731 Workers Compensation Self Insurance Fund (#503) - 840,000 - - 840,000 840,000 Facilities Fund (#505) 4,404,503 17,675 298,300 756,209 1,072,184 5,476,687 Innovation and Technology Fund (#518) 6,911,696 210,295 798,000 721,742 1,730,037 8,641,733 Equipment Rental Fund (#550) 6,227,840 50,000 1,141,030 1,944,324 3,135,354 9,363,194 Fire Pension Fund (#611) 2,555,786 231,000 (35,795)1 195,205 2,750,991 Cemetery Endowment Fund (#701) 1,686,571 (16,000) (6.907 1,663,664 ,ttr, ';-'-,�(3,2, '6o i jT 12,945;255, 450'549 - -�� .' 4,*; �', 2 8 SO,^ November 2014 Prepared by City of Auburn Finan l Planning Department page I ORD.B Page 62, of 181 'Alu,BURN VVAS I � I N G "i'()N' Agenda Subject: Ordinance No. 6542 AGENDA BILL APPROVAL FORM Date: November 25, 2014 Department: Attachments: Budget Impact: Community Development & AgendaBil I $0 Public Works Ordinance No. 6542 Table C rl I Proposal Administrative Recommendation: City Council introduce and adopt Ordinance No. 6542. Background Summary: See the attached Agenda Bill. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember: Holman Staff: Snyder Meeting Date: December 1, 2014 Item Number: ORD.0 ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 63 of 181 A UBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: ZOA14 -0006; Ordinance No. 6542 related to revision Date: November 25, 2014 of ACC 19.02 , School District Impact Fees Department: Attachments: Budget Impact: Community Development & Ordinance No. 6542 (none) Public Works Dept. Table Comparison of Impact Fee Proposal Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6542, Amending ACC 19.02 related to School District Impact fees. Background Summary: Title 19 (Impact Fees) of the Auburn City Code contains standards and regulations pertaining to the imposition of impact fees in the City of Auburn. Chapter 19.02 (School Impact Fees) addresses the establishment, calculation, collection and amendment of school impact fees within the municipal boundaries of the City of Auburn. The city originally established school impact fees in 1998 by Ordinance No. 5078. The portions of four school districts lie within the City limits. Pursuant to Section 19.02.060 (Annual Council Review) of the Auburn City Code, on at least an annual basis, the Auburn City Council shall review the information submitted by the Districts pursuant to ACC 19.02.050. The review shall be in conjunction with any update of the capital facilities plan element of the city's comprehensive plan. The City Council may also at this time determine if an adjustment to the amount of the impact fees is necessary. The City of Auburn annual Comprehensive Plan Amendment process for 2014 included requests for City approval of the Capital Facilities Plans of the four districts as follows: * 2014 - 2020 Auburn School District Capital Facilities Plan; * 2015 -2020 Dieringer School District Capital Facilities Plan; * 2015 Federal Way School District Capital Facilities Plan; and * 2014 -2015 through 2019 -2020 Kent School District Capital Facilities Plan. These requests were submitted in accordance with the provisions of Section 19.02.050 (Submission of District Capital Facilities Plan and Data) of the Auburn City Code. The School Districts' Capital Facilities Plans are contained in the working notebooks (three ring binders) for the 2014 Annual Comprehensive Plan Amendments, previously distributed to the City Council. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M &O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ® Planning ❑ Park Board ®Public Works ® Legal ❑ Police ® Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ®Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Holman Staff: Dixon Meeting Date: December 1, 2014 Item Number: ORD.0 AUBURN* MME TH � YOU IM) age" R4 of 181 Agenda Subject: Ordinance No. 6542 Date: November 25, 2014 Definition The city's code section 19.02 contains the city's regulations governing school impact fees. It provides the following definition: "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for school facilities needed to serve new growth and development that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the school facilities, and that is used for such facilities that reasonably benefit the new development. Related Authority Other key points of the city's regulations include: V The impact fee shall be based on a capital facilities plan adopted by the district and incorporated by reference by the city as part of the capital facilities element of the city's comprehensive plan (Chapter 5), adopted pursuant to Chapter 36.70A RCW, for the purpose of establishing the fee program. V Separate fees shall be calculated for single - family and multifamily types of dwelling units, and separate student generation rates must be determined by the district for each type of dwelling unit. V The fee shall be calculated on a district -wide basis using the appropriate factors and data supplied by the district. The fee calculations shall also be made on a district -wide basis to assure maximum utilization of all available school facilities in the district which meet district standards. V As a condition of the city's authorization and adoption of a school impact fee ordinance, the city and the applicable district shall enter into an interlocal agreement governing the operation of the school impact fee program, and describing the relationship and liabilities of the parties. The agreement must provide that the district shall hold the city harmless for all damages. V On an annual basis (by July 1st or on a date agreed to by district and the city and stipulated in the interlocal agreement), any district for which the city is collecting impact fees shall submit the Capital facilities plan and supporting information to the city. V Applicants for single - family and multifamily residential building permits shall pay the total amount of the impact fees assessed before the building permit is issued, using the impact fee schedules in effect, unless the fee has been deferred pursuant to City Ordinance No. 6341. V The impact fee calculation shall be based upon the formula set forth in ACC 19.02.110, "Impact fee formula ". The formula is the city's determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Based on this formula, the "Fee Obligation" is the "Total Unfunded Need" x 50% = Fee Calculation. The Capital Facilities Plans that were approved by the school boards contain proposed school impact fees for each of the Districts. The requests for adjustment of the school impact fees are required to be submitted concurrent with the submittal of the Capital Facilities Plans prior to July 1 of each year. A separate letter request is only required to be submitted to the city when the fee adjustment is requested to increase. Page 2 of 3 ORD.0 Page 65 of 181 Agenda Subject: Ordinance No. 6542 Date: November 25, 2014 Council Review and Decision The setting of the actual fees occurs through separate Council action amending Chapter 19.02 of the Auburn City Code. Section 19.02.060, (Annual Council Review) specifies the following: On at least an annual basis, the city council shall review the information submitted by the district pursuant to ACC 19.02.050. The review shall be in conjunction with any update of the capital facilities plan element of the city's comprehensive plan. The city council may also at this time determine if an adjustment to the amount of the impact fees is necessary; provided, that any school impact fee adjustment that would increase the school impact fee shall require the submittal of a written request for the adjustment by the applicable school district concurrent with the submittal of the annual capital facilities plan pursuant to ACC 19.02.050. In making its decision to adjust impact fees, the city council will take into consideration the quality and completeness of the information provided in the applicable school district capital facilities plan and may decide to enact a fee less than the amount supported by the capital facilities plan. Section 19.02.060 establishes that the Auburn City Council is not obligated to accept the fees proposed by the School Districts within their submitted Capital Facilities Plans and may establish fees that the Council determines are more appropriate and consistent with the public's interest in reasonably mitigating school impacts within the affected portion of the City. Recommendation The Dieringer School District submitted a proposed fee calculation of $5,231.00 for single family residential and $1,839.00 for multiple family residential based on their Capital Facilities Plan. Related to this, the Pierce County Council by Ordinance No. 2014 -100, adopted November 17, 2014 and effective January 1, 2015, established a school impact fee for the Dieringer School District of $3,270.00 for single family residential and $1,839.00 for multiple family residential. (The Dieringer School District is the only school district common to both the jurisdictions of the City of Auburn and Pierce County). Pierce County imposes the same maximum school impact fee for all school districts located in Pierce County. It may be appropriate to establish a fee applicable to Auburn for the Dieringer School district that is the same as Pierce County's fee since it is more appropriate and consistent with the public's interest in reasonably mitigating school impacts within the affected portion of the City. The draft Ordinance No. 6542 has been prepared to reflect school impact fees that are the same as Pierce County's school impact fee and differs from what the Dieringer School District has requested, as historically has been done. Committee Actions A discussion of the school impact fee changes was held at the Planning and Community Development Committee's (PCDC) regular meeting on November 24, 2014. The PCDC recommended approval of Ordinance No. 6542 with the school impact fees as identified in the individual capital facilities plans, with the exception of the Dieringer School District, that is based on fees consistent with the Pierce County ordinance. A discussion was held at the Public Works Committee regular meeting on December 1, 2014. The Ordinance is proposed to be considered by the full city council on December 1, 2014. Page 3 of 3 ORD.0 Page 66 of 181 ORDINANCE NO. 6 5 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTIONS 19.02.115, 19.02.120, 19.02.130 AND 19.02.140 OF THE AUBURN CITY CODE RELATING TO SCHOOL IMPACTS FEES WHEREAS, the City of Auburn has adopted a school impact fee ordinance and collects school impact fees on behalf of certain school districts located or located in part within the City of Auburn; and WHEREAS, the Auburn School District, Dieringer School District, Federal Way School District, and the Kent School District, each being located in part within the City of Auburn, have provided the City of Auburn with updated capital facilities plans to be considered during the City's 2014 annual comprehensive plan amendment process that addresses among other things, the appropriate school impact fee for single family residential dwellings and multi- family residential dwellings for each district; and WHEREAS, the Auburn School District issued a Determination of Non- Significance for the 2014 - 2020 Auburn School District Capital Facilities Plan May 19, 2014; the Dieringer School District issued a Determination of Non- Significance for the 2015 -2020 Dieringer School District Capital Facilities Plan June 17, 2014; the Federal Way School District issued a Determination of Non - Significance for the 2015 Federal Way School District Capital Facilities Plan May 2, 2014; and the Kent School District issued a Determination of Non - Significance for the 2014 -2015 through 2019 -2020 Kent School District Capital Facilities Plan May 30, 2014; and --------------- - -- Ordinance No. 6542 November 18, 2014 Page 1 of 7 ORD.0 Page 67 of 181 WHEREAS the City of Auburn issued a Determination of Non - Significance (DNS) on September 16, 2014 for the City of Auburn Year 2014 city- initiated comprehensive plan map and text amendments (File No. SEP14- 0011), and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn Planning Commission on November 5, 2014 conducted public hearings on the proposed Auburn School District 2014 -2020 Capital Facilities Plan, the proposed Dieringer School District 2015 - 2020 Capital Facilities Plan; the proposed Federal Way School District 2015 Capital Facilities Plan; and for the proposed Kent School District 2014 -2015 through 2019 -2020 Capital Facilities Plan; and WHEREAS, following the conclusion of the public hearing on November 5, 2014, and subsequent deliberations, the Auburn Planning Commission, following individual positive motions, made separate recommendations to the Auburn City Council on the approval of the Auburn School District 2014 -2020 Capital Facilities Plan, the Dieringer School District 2015 - 2020 Capital Facilities Plan; the Federal Way School District 2015 Capital Facilities Plan; and for the Kent School District 2014 -2015 through 2019 -2020 Capital Facilities Plan; and WHEREAS, the Auburn City Council considered the recommendations of the Auburn Planning Commission at a regularly scheduled meeting on November 17, 2014, and a positive motion approved the Auburn School District 2014 -2020 Capital Facilities Plan, the Dieringer School District 2015 - 2020 Capital Facilities Plan; the Federal Way --------------- - -- Ordinance No. 6542 November 18, 2014 Page 2 of 7 ORD.0 Page 68 of 181 School District 2015 Capital Facilities Plan; and for the Kent School District 2014 -2015 through 2019 -2020 Capital Facilities; and WHEREAS, on November 17, 2014 the Public Works Committee of the Auburn City Council at a regularly scheduled meeting reviewed the Planni.ng Commission's recommendations; and WHEREAS, on December 8, 2014 the Planning and Community Development Committee of the Auburn City Council at a regularly scheduled meeting recommended to the Auburn City Council the approval of amendments to Title 19 (Impact Fees) and more specifically, Chapter 19.02 (School Impact Fees) pertaining to school impact fees for single family residential dwelling units and multi - family dwelling units to be applied in the City of Auburn for the Auburn School District; Dieringer School District, Federal Way School District, and the Kent School District; respectively, based on the aforementioned capital facilities plans for each of these districts; and WHEREAS, the Auburn City Code provides for adjustments to school impacts fees based on a review of the capital facilities plans for the districts; and WHEREAS, Section 19.02.060 (Annual Council Review) of the Auburn City Code specifies that the Auburn City Council will in making its decision to adjust impact fees take into consideration the quality and completeness of the information provided in the applicable school district capital facilities plan and may decide to enact a fee less than the amount supported by the capital facilities plan; and Ordinance No. 6542 November 18, 2014 Page 3 of 7 ORD.0 Page 69 of 181 WHEREAS, on December 15, 2014, the Auburn City Council considered the recommendation of the Planning and Community Development Committee of the City Council at a regularly scheduled meeting on December 8, 2014. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to the City Code. Section 19.02.115 of the Auburn City Code is hereby amended to read as follows. 19.02.115 Impact fee calculation and schedule for the Dieringer School District. The impact fee calculation and schedule below is based upon a review of the impact fee calculation for single - family residences and for multifamily residences set forth in the most recent version of the Dieringer School District Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 241-42015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single - Family Dwelling Unit $SOS $3,270.00 Per Multifamily Dwelling Unit $1, 695:09 $1.725.00 (Ord. 6445 § 1, 2013; Ord. 6393 § 1, 2011; Ord. 6341 § 2, 2411; Ord. 6340 § 1, 2010; Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134 § 1, 2007; Ord. 6060 § 1, 2006; Ord. 5950 § 2, 2005.) Section 2. Amendment to the City Code. Section 19.02.120 of the Auburn City Code is hereby amended to read as follows. Ordinance No. 6542 November 18, 2014 Page 4 of 7 ORD.0 Page 70 of 181 19.02.120 Impact fee calculation and schedule for the Auburn School District. The impact fee calculation and schedule is based upon a review of the impact fee calculation for single - family residences and for multifamily residences set forth in the most recent version of the Auburn School District's Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 244-42015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single- Family Dwelling Unit $5-39 4-93 4x137.21 Per Multifamily Dwelling Unit $a487-.-84 $3,518.17 (Ord. 6445 § 2, 2013; Ord. 6393 § 2, 2011; Ord. 6341 § 2, 2011; Ord. 6340 § 2, 2010; Ord. 6279 § 2, 2009; Ord. 6214 § 2, 2008; Ord. 6134 § 2, 2007; Ord. 6060 § 2, 2006; Ord. 5950 § 1, 2005; Ord. 5793 § 1, 2003; Ord. 5232 § 1, 1999.) Section 3. Amendment to the City Code. Section 19.02.130 of the Auburn City Code is hereby amended as follows. 19.02.130 Impact fee calculation and schedule for the Kent School District. The impact fee calculation and schedule is based upon a review of the impact fee and calculation for single - family residences and for multifamily residences set forth in the most recent version of the Kent School District's Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. --------------- - -- Ordinance No. 6542 November 18, 2014 Page 5 of 7 ORD.0 Page 71 of 181 Effective January 1, 24442015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single - Family Dwelling Unit $5,486.00 Per Multifamily Dwelling Unit $3,378.00 (Ord. 6445 § 3, 2013; Ord. 6393 § 3, 2011; Ord. 6341 § 2, 2011; Ord. 6340 § 3, 2010; Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3, 2007; Ord. 6060 § 3, 2006; Ord. 5950 § 1, 2005; Ord. 5233 § 1, 1999.) Section 4. Amendment to the City Code. Section 19.02.140 of the Auburn City Code is hereby amended to read as follows. 19.02.140 Impact fee calculation and schedule for the Federal Way School District. The impact fee calculation and schedule is based upon a review of the impact fee and calculation for single- family residences and for multifamily residences set forth in the most recent version of the Federal Way School District's Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 242015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single - Family Dwelling Unit $5,363.0 $5,171.00 Per Multifamily Dwelling Unit $4, -4.00 $1,834.00 (Ord. 6445 § 4, 2013; Ord. 6393 § 4, 2011; Ord. 6341 § 2, 2011; Ord. 6340 § 4, 2010; Ord. 6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134 § 4, 2007; Ord. 6060 § 4, 2006; Ord. 6042 § 1, 2006.) Section 5. Constitutionality and Invalidity. If any section, subsection sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or --------------- - -- Ordinance No. 6542 November 18, 2014 Page 6 of 7 ORD.0 Page 72 of 181 unconstitutional by any Court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPR�VED 4S TO FORM: M Published: Ordinance No. 6542 November 18, 2014 Page 7 of 7 ORD.0 Page 73 of 181 School Impact Fee Proposal (Effective Year 2015) School District Multiple Family Single Family Past 2014 CFP says: Requested hn .HHn 1 1l Past 2014 CFP says: Requested h fee, Per Amount fee, Per Amount ACC 19.02 ACC 19.02 Auburn $3,387.84 $3,518.17 $3,518.17 u u . .,.. $5,398.93 $4,137.21 $4,137.21 Page 28 page 28 dp ..,„ ..,„ Dieringer $1,695.00 $1,839.00 $1,839.00 u u . .,.. $3,215.00 $5,231.00 $5,231.00 u u Page 15 Page 15 Federal $1,924.00 $1,834.00 $1,834.00 m u .., .,.. $5,363.00 $5,171.00 $5,171.00 Way Page 28 & d..p d..pd..p Page 28 & 30 30 d..pd..p Kent $3,378.00 $3,378.00 $3,378.00 $5,486.00 $5,486.00 $5,486.00 Page 29 & u ".:;,,.. Page 29 & 30 30 CFP = Capital Facilities Plan ACC = Auburn City Code ORD.0 Page 74 of 181 C i..i,y C�1: VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6543 November 19, 2014 Department: Attachments: Budget Impact: City Attorney Ordinance 65 $0 Administrative Recommendation: City Council adopt Ordinance No. 6543. Background Summary: Ordinance No. 6535, adopted on September 15, 2014, made some changes to Chapter 10.36 of the Auburn City Code in connection with the City of Auburn Comprehensive Downtown Parking Management Plan (CDPMP), employing short - term, mid -term and long -term parking management strategies. Among the strategies was a change in Chapter 10.36 of the Auburn City Code to allow administrative changes to time and parking within the Downtown Auburn Business District. As a follow -up to the changes in the city code resulting from Ordinance No. 6535, it is appropriate to clarify the application of penalty provisions for parking code violations related to Section 10.36.060 of the Auburn City Code, one of the sections changed with the adoption of Ordinance No. 6535. Reviewed by Council Committees: Municipal Services, Public Works Councilmember: Peloza Staff: Heid Meeting Date: December 1, 2014 Item Number: ORD.D ORD.D AUBURN * MORE THAN YOU IMAGINED Page 75 of 181 ORDINANCE NO. 6 5 4 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 10.36:270 OF THE AUBURN CITY CODE RELATED TO PARKING RESTRICTIONS WHEREAS, the City of Auburn regulates timed parking within certain areas of the City, particularly Downtown Auburn; and WHEREAS, parking restrictions are outlined in Chapter 10.36 of the Auburn City Code; and WHEREAS, within the CDPMP several short term, mid term, and long term parking management strategies were identified and the first strategy being addressed is modifying Auburn City Code Chapter 10.36 to allow administratively changes to timed parking within Downtown Auburn; and WHEREAS, the Public Works Committee of City Council reviewed the proposed a-mendments to Auburn City Code Chapter 10.36 at its September 15, 2014 meeting; and WHEREAS, it is appropriate to address the penalty for the parking violations included in Ordinance No. 6535 with the amendment of Section 10.36.060 of the City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment-to City Code. That Section 10.36.270 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No, 6543 October 14, 2014 Page 1 of 5 ORD.D Page 76 of 181 10.36.270 Prohibited parking places. A. Except when necessary to avoid conflict with other traffic or to comply with other provisions of this code or with the direction of a police officer or traffic - control sign or signal, it is unlawful for the operator of a vehicle to stop, stand, park or angle park such vehicle in or on any of the following places: 1. Within an intersection area; 2.. Within 20 feet of an uncontrolled Intersection; 3. Within 30 feet of an intersection controlled by a stop sign, yield sign, or traffic- control signal; 4. On a crosswalk or within 20 feet of a crosswalk, whether marked or unmarked; 5. In front of or within 50 feet of the driveway entrance to any fire or police station or within any marked area contiguous to such driveway, when properly signed; 6. in front of or within a fire or emergency service access or an area signed for other safety access purposes; 7. In front of or within 15 feet of a fire hydrant; 8. Within any space marked as a. fire lane; 9. In front of a public or private driveway, or within five feet of the end of the curb radius leading thereto; 10. On a sidewalk, pedestrian path, or landscape strip. However, parking shall be permitted on landscape strips subject to the maintenance requirements contained in ACC 10.36.215, and where the landscape strip is eight feet or greater in width between the curb and the sidewalk or the edge of right -of -way if there is no sidewalk, the adjacent curb is mountable, and the parked vehicle does not obstruct the use of the traveled way or sidewalk; 11. Alongside or opposite any street excavation or obstruction when such stopping, parking or angle parking would obstruct traffic; 12. In any alley, except that trucks or delivery vehicles may park or angle park in alleys for such time, not in excess of 30 minutes, as may be necessary for the expeditious loading or 'unloading of such vehicles or the delivery or pickup of articles or materials, unless otherwise restricted by this chapter; 13. Upon any bridge, overpass, underpass, trestle, or approaches thereto; 14. On that portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door or any other place adjacent to, or any door opening in any outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall or other place of public assembly through which the public must pass to leave such building, while such building is being utilized for public gatherings; and it shall be incumbent upon and the duty of the owner or agent of the property used for the purpose herein specified to designate such prohibited areas by the placement of stanchions or signs or curb markings of the form and type satisfactory to the city engineer; 15. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; Ordinance No. 6543 October 14, 2014 Page 2 of 5 ORD.D Page 77 of 181 16. At any place where official traffic signs have been erected at the direction of the city engineer prohibiting parking an angle parking, either at all times or at such times as are indicated upon signage giving notice thereof; 17. Outside of the limits of the individual parking spaces (stalls) designated for vehicular on- street parking; 18. Within 30 feet of the nearest rail of a railroad crossing; 19. At any place where all official signs prohibit stopping, 20. Within traffic lanes that are less than 18 feet wide on arterial and collector roadways, as designated in the comprehensive transportation plan, except when authorized by sign; 21. Within median lanes in the traveled way; 22. Within roadway shoulders that are less than eight feet wide; 23. Within marked bicycle lanes; 24. Upon any street or public way for the principal purposes of displaying the vehicles for sale or for advertising services for vehicles; 25. Upon any street or public way for the purpose of doing any work on, maintaining or repairing any vehicle except for repairs necessitated by an emergency; 26. Within any street -side drainage ditch or drainage swale; 27. Where prohibited by signage; of 28. Adjacent to a traffic island-, or 29. Any ovetime parking or other parking restrictions designated in accordance. with Section 10.36.060 of the City Code. B. No person shall move a vehicle not owned by him into any such prohibited area or away from a curb such distance as is unlawful. C. If any person wishes a different parking restriction sign placement or a different time parameter for any parking restrictions under this section, said person may forward such request to the city engineer. For review, the city engineer shall consult with community development and police. D. Violation — Penalty. Any person who violates this section has committed an infraction and, except for those subsections set forth in Table 270 -1, shall pay a fine of $30.00 within 15 days from the date of issuance of a notice of violation or of $40.00 if paid after the fifteenth day from issuance of the notice. Any person who violates any of the subsections listed in Table 270 -1 shall pay a fine as set forth in that table. Subsection 10.36.270(A)(1) 10.36.270(A)(2) 10.36.270(A)(3) 10.36.270(A)(7) 10.36.270(A)(8) Ordinance Igo. 6543 October 14, 2014 Page 3 of 5 Table 270 -1 If paid within 15 days $40.00 $40.00 $40.00 $50.00 $50.00 If paid after 15th day $50.00 $50.00 $50.00 $60.00 $60.00 ORD.D Page 78 of 181 10.36.270(A)(10) $40.00 $50.00 10.36.270(A)(16) $50.00 $60.00 10.36.270(A)(17) $50.00 $60.00 (Ord. 6535 § 2, 2014; Ord.. 6275 § 2, 2010; Ord. 6247 § 9, 2009; Ord. 6211 § 6, 2008; Ord. 6129 § 4, 2007; Ord. 6082 § 1, 2007; Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabillity. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6543 October 14, 2014 Page 4 of 5 ORD.D Page 79 of 181 APP VE AS TO FORM: Daniel B. F eid, City Attorne -- Published: Ordinance No. 6543 October 14, 2014 Page 5 of 5 ORD.D Page 80 of 181 A �%,A,w,I WINcs'1!4'YN Agenda Subject: Resolution No. 5096 Department: Attachments: Administration Resdutim No.5096 Administrative Recommendation: City Council adopt Resolution No. 5096. Background Summary: AGENDA BILL APPROVAL FORM Date: November 3, 2014 Budget Impact: $0 The City of Auburn has been a signatory of the King County Regional Hazard Mitigation Plan (RHMP) since 2004. A locally adopted hazard mitigation plan is required under the Disaster Mitigation Act of 2000 and makes the City eligible to apply for Hazard Mitigation Grants. Adoption of the 2014 RHMP update maintains the City's current status of having adopted a local hazard mitigation plan. A copy of the Plan is on file with the City Clerk. You can review the Plan (Volumes 1 and 2) at this site: http: / /www. kingcounty.gov /safety/ prepare/ EmergencyManagementProfessionaIs/ Plans /RegionaIHazardMitigationPIan. aspx Reviewed by Council Committees: Municipal Services, Public Works Councilmember: Peloza Meeting Date: December 1, 2014 Staff: H u rsh Item Number: RES.A RES.A AUBURN * MORE THAN YOU IMAGINED Page 81 of 181 RESOLUTION NO. 5 0 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ADOPTION OF THE 2014 KING COUNTY REGIONAL HAZARD MITIGATION PLAN INCLUDING THE CITY OF AUBURN PLAN ANNEX WHEREAS, the City of Auburn and other jurisdictions within King County, State of Washington, have expressed a cooperative interest in disaster mitigation planning efforts; and WHEREAS, the City supports disaster mitigation efforts and regional disaster planning; and WHEREAS, a locally adopted plan reviewed and approved by the Federal Emergency Management Agency (FEMA) is required under the Disaster Mitigation Act of 200, 44 CFR 201; and WHEREAS, regular revisions and updates are required by FEMA; and WHEREAS, FEMA has reviewed the plan proposed for adoption and approved it pending adoption by Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The City Council of the City of Auburn does hereby adopt the 2014 King County Regional Hazard Mitigation Plan including the City of Auburn plan annex. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Resolution No. 5096 November 25, 2014 RES.gage 1 of 2 Page 82 of 181 Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED AND SIGNED THIS DAY OF December, 2014. CITY OF AUBURN Nancy Backus MAYOR ATTEST: Danielle E. Daskam, City Clerk APPWWED AS TO FORM: W iel B. Heid, City Attorney Resolution No. 5096 November 25, 2014 RES.Rage 2 of 2 Page 83 of 181 'Alu,BURN VVAS p � I N G "i'( Agenda Subject: Resolution No. 5110 Department: Police AGENDA BILL APPROVAL FORM Attachments: Administrative Recommendation: City Council adopt Resolution No. 5110. Background Summary: Date: November 18, 2014 Budget Impact: $0 The City of Auburn, along with King County and other cities that operate emergency radio systems (ValleyCom, King County, Seattle and Eastside cities) have been contending for some time with the fact that the equipment we are currently using is out of date and is in need of replacement. This is not a situation unique to Auburn or King County, and in fact all jurisdictions who utilize the same type of equipment are having to face the same issue because the emergency radio equipment that is currently used is no longer being made and will soon no longer be supported by its manufacturers. It is therefore appropriate for King County and the King County cities to plan for a replacement emergency radio system. King County is getting ready to put a bond measure on the ballot before the voters of King County to establish a new emergency radio system and has been working in cooperation with other cities in the County to develop agreements that would provide for creation of the new emergency radio system and for operation of the system thereafter. The agreements have been negotiated to a significant degree, though some minor adjustments to the agreements may still need to be made to the agreements and to the attachments to those agreements. The proposed resolution authorizes the Mayor to negotiate (finish negotiating) the terms of these agreements and to execute them on behalf of the city of Auburn. All of the cities who are parties to the agreements, as well as King County, will need to RES.B AUBURN * MORE THAN YOU IMAGINED Page 84 of 181 execute these agreements, and the voters of King County will need to approve the bond measure to provide for this new emergency radio system. Approval by the city of Auburn, as well as the other party jurisdictions, is the prerequisite that allows the bond measure to move forward. The agreements have been negotiated, so far, so as to give each of the parties cities sufficiency a in the creation and operation of the new radio system, yet recognizing the specific responsibility King County has in moving forward with the bond measure upon which the new system is dependent. Reviewed by Council Committees: Finance, Municipal Services Councilmember: Peloza Staff: Heid Meeting Date: December 1, 2014 Item Number: RES.B RES.B AUBURN * MORE THAN YOU IMAGINED Page 85 of 181 RESOLUTION NO. 5 1 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE INTERLOCAL AGREEMENTS BETWEEN THE CITY OF AUBURN AND KING COUNTY AND THE CITIES OF BELLEVUE, FEDERAL WAY, ISSAQUAH, KENT, KIRKLAND, MERCER ISLAND, REDMOND, RENTON, SEATTLE AND TUKWILA FOR ESTABLISHMENT, IMPLEMENTATION AND OPERATION OF THE PUGET SOUND EMERGENCY RADIO NETWORK SYSTEM (PSERN) WHEREAS, King County and the cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila have been responsible for the ownership, operation and maintenance of various elements in the current King County Emergency Radio Communications System (KCERCS), a voice radio system that is nearly twenty years old and is increasingly unsupported by the supplier of the system's equipment, software and related repairs; and WHEREAS, the Parties determined that it is in the public interest for a new public safety radio system to be implemented that will provide public safety agencies and other user groups in the region with improved coverage and capacity, and uniformly high- quality emergency radio communications in the future; and WHEREAS, King County and the cities have been working together to provide for such a new system to be referred to herein as the "Puget Sound Emergency Radio Network System" or "PSERN System "; and WHEREAS, in furtherance of such efforts, the county and the cities have developed strategies for Interlocal Agreements for the formation of a new non - profit entity to operate the new system and to establish the terms under which the Parties and Resolution No. 5110 November 17, 2014 REGIC1 of 3 Page 86 of 181 the new entity will undertake the ownership, operations, maintenance, management and on -going upgrading /replacing of the PSERN System, and WHEREAS, there are still issues that need to be addressed by the parties, to assure that the new system fully meets the needs of the parties and of the end - users, consistent with the terms already defined. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to negotiate and execute Interlocal Agreements between the City of Auburn and King County and the cities of Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila, to establish a Puget Sound Emergency Radio Network (PSERN) entity and to provide for the operation thereof, which agreements shall be in substantial conformity with the agreements attached hereto as Exhibits "A" and "B" incorporated herein by this reference. Exhibit "A" [Puget Sound Emergency Radio Network Implementation Period Interlocal Cooperation Agreement] with its attachments is close to final form for the initial creation and establishment of the new emergency radio system. Exhibit "B" [Puget Sound Emergency Radio Network Operator Interlocal Cooperation Agreement] provides the basic format for the operation of the new emergency radio system but still has issues that need to be more fully vetted, including issues such as indemnification, discrimination and employment, and leaving other details for a future agreement or agreements or for PSERN Board by -laws. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5110 November 17, 2014 RE @gC2 of 3 Page 87 of 181 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2014. CITY OF AUBURN ATTEST: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk Resolution No. 5110 November 17, 2014 Rp@g.qB3 of 3 Page 88 of 181 EXHIBIT A PUGET SOUND EMERGENCY RADIO NETWORK IMPLEMENTATION PERIOD INTERLOCAL COOPERATION AGREEMENT RES.B Page 89 of 181 TABLE OF CONTENTS 1.0 Rules of Construction and Definitions ................................. ..............................4 1 2.0 Duration of Agreement ........................................................ ..............................7 2 3.0 The Parties' Responsibilities ............................................... ..............................7 3 4.0 Joint Board ......................................................................... ..............................8 4 5.0 PSERN System Implementation ........................................ .............................13 5 6.0 Dispatch Center Equipment Implementation ...................... .............................17 6 7.0 Subscriber Radio Equipment Implementation .................... .............................18 8.0 PSERN Project Budget for Implementation Period ............. .............................19 9.0 Transfer of System for Operations Period ........................ ............................... 22 10.0 Operations and Maintenance Pending Transfer ................. .............................23 11.0 Intellectual Property, Confidential Information and Records ............................23 12.0 Force Majeure ................................................................... .............................25 13.0 Termination of Agreement; Addition, Withdrawal and Removal of a Party ......25 14.0 Legal Relations .................................................................. .............................26 15.0 General .............................................................................. .............................27 EXHIBITS Ex. 1 Contracting Plan Ex. 2 List of Party Owned /Controlled Sites Ex. 3 List of Frequencies Ex. 4 Cost Allocation Model Ex. 5 List of User Agencies Eligible for Radio Exchanges Ex. 6 Contact Information PA RES.B Page 90 of 181 PUGET SOUND EMERGENCY RADIO NETWORK IMPLEMENTATION PERIOD INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ( "Agreement ") is entered into pursuant to the Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County ( "County ") and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle and Tukwila, each a political subdivision of the State of Washington (individually, a "Party," and collectively, the "Parties "). RECITALS A. The Parties, under various interlocal agreements, are responsible for the ownership, operations and maintenance of various elements in the current King County Emergency Radio Communications System (KCERCS), a voice radio system that is nearly twenty years old and is increasingly unsupported by the supplier of the system's equipment, software and repairs. B. The Parties have determined that it is in the public interest that a new public safety radio system be implemented that will provide public safety agencies and other user groups in the region with improved coverage and capacity, and uniformly high - quality emergency radio communications at a cost - effective price. Said new system is referred to herein as the "Puget Sound Emergency Radio Network System" or "PSERN System." C. The Parties seek to finance the costs of implementing the PSERN System by a funding measure to be placed on the ballot by the King County Council for consideration by the qualified electorate in King County. D. The Parties desire that the County act as the lead agency for planning, procurement, financing and implementation of the PSERN System and that a new non - profit corporation will be formed to assume the ownership and control of the PSERN System following Full System Acceptance. E. The purpose of this Agreement is to establish the terms under which the Parties will undertake the planning, financing, procurement, site acquisition and development, equipment installation, and other activities necessary to implement the PSERN System. F. Concurrent with this Agreement, the Parties have entered into a second interlocal cooperation agreement, referred to herein as the "PSERN Operations ILA," to establish general provisions for governance of the new non - profit corporation, referred to herein as the "PSERN Operator ", that will be created by the Parties and be responsible for the ownership, operations, maintenance, and on -going upgrading /replacing of the PSERN System during its anticipated useful life. RES.B Page 91 of 181 TERMS AND CONDITIONS OF AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree to the above Recitals and the following terms and conditions. 1.0 RULES OF CONSTRUCTION AND DEFINITIONS 1.1 Rules of Construction 1.1.1 Unless the context requires otherwise, the singular form of a word shall also mean and include the plural (and vice versa), and the masculine gender shall also mean and include the feminine and neutral gender (and vice versa). 1.1.2 References to statutes or regulations include all statutory or regulatory provisions consolidating, amending or replacing the statute or regulation referred to. 1.1.3 References to sections, exhibits, attachments or appendices are to this Agreement and references to articles or sections followed by a number shall be deemed to include all subarticles, subsections, subclauses, subparagraphs and other divisions bearing the same number as a prefix. 1.1.4 The words "including," "includes" and "include" shall be deemed to be followed by the words "without limitation ". 1.1.5 The words "shall" or "will" shall be deemed to require mandatory action. 1.1.6 Words such as "herein," "hereof' and "hereunder" are not limited to the specific provision within which such words appear but shall refer to the entire Agreement taken as a whole. 1.1.7 Words such as "person" or "party" shall be deemed to include individuals, political subdivisions, governmental agencies, associations, firms, companies, corporations, partnerships, and joint ventures. 1.1.8 References to "days" shall mean calendar days unless expressly stated to be "Business Days." If the due date for a task, payment, or any other requirement falls on a Saturday, Sunday or holiday observed by the County, the due date shall be deemed to be the next Business Day. 1. 1.9 Words not otherwise defined that have well -known technical industry meanings are used in accordance with such recognized meanings. 1.1.10 The headings and captions inserted into this Agreement are for convenience of reference only and in no way define, limit, or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement. all RES.B Page 92 of 181 1.1.11 This Agreement was negotiated and prepared by the Parties and their respective attorneys. The Parties acknowledge and agree that the rule of construction that an ambiguous contract should be construed against the drafter shall not be applied in any construction or interpretation of this Agreement. 1.1.12 The Parties agree that if any provision of this Agreement conflicts with a provision of the Emergency Radio Communications System Interlocal Cooperation Agreement such that the conflicting provisions cannot be harmonized, the provisions of this Agreement shall prevail. 1.2 Definitions Words and terms shall be given their ordinary and usual meanings except that the following terms are defined for this Agreement as follows: 1.2.1 Agreement means this Puget Sound Emergency Radio Network Implementation Period Interlocal Cooperation Agreement. 1.2.2 Alternate means a person appointed to serve in the absence of a Joint Board Representative. 1.2.3 Appointing Party(ies) means the City of Seattle, the EPSCA Cities, the ValleyCom Cities and King County. 1.2.4 Confidential Information means any information in written, graphic, verbal or machine - recognizable form that: (a) is related to the PSERN System; (b) is provided to a Party by another Party, the PSERN Contractor or another person or entity; and (c) is marked or identified as "confidential ", "proprietary," "trade secret" or similar designation. 1.2.5 Cost Allocation Model means the method used for determining the user rates applicable to Dispatch Centers and User Agencies for fees they will pay to either the County or the PSERN Operator during the Operations Period. 1.2.6 County means King County, Washington. 1.2.7 Dispatch Center means a facility or an entity that uses the PSERN System to dispatch users of Subscriber Radios. 1.2.8 EPSCA means the Eastside Public Safety Communications Agency. 1.2.9 EPSCA Cities means the Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, Washington. 1.2.10 Full System Acceptance (FSA) means the determination issued to the PSERN Contractor upon satisfactorily completing the final system development phase milestone. RES.B Page 93 of 181 1.2.11 Implementation Period means that period of time from the effective date of this Agreement through and until the beginning of the first full month after issuance of FSA. 1.2.12 Joint Board means the board formed by the Parties under this Agreement. 1.2.13 KCERCS means the existing King County Emergency Radio Communication System. 1.2.14 NAC means a notice of apparent completion issued under the contract with the PSERN Contractor. 1.2.15 Operations Budget means the budget funded by fees from Dispatch Centers and User Agencies to pay for the costs of operating, maintaining and upgrading the PSERN System after FSA. 1.2.16 Operations Period means the period that commences with the first full month after FSA. 1.2.17 Party means a signatory to this Agreement and excludes a signatory that withdraws from this Agreement. 1.2.18 Project (or PSERN Project) means all authorized activities relating to the planning, analysis, design, development, acquisition, site development, installation, testing, training, and operation of the PSERN System until FSA, starting -up a new PSERN Operator, transferring the PSERN System to same and any decommissioning, contract close -out and other project completion activities. 1.2.19 Project Budget means the budget approved by the Joint Board to spend the funds the County Council has appropriated to carry out PSERN Project activities and to fund the System Transition Stabilization Plan described at Section 8.8 of this Agreement. 1.2.20 Project Fund means the funds held by the County to fund the Project Budget including proceeds from the County -wide levy and proceeds from any bond or debt instruments. 1.2.21 Project Director means the County employee assigned to lead Project activities. 1.2.22 PSERN means the Puget Sound Emergency Radio Network. 1.2.23 PSERN Contractor means the prime contractor under County Contract # (or the County Contract) that is responsible, among other things, for supplying the PSERN System's equipment and software. 1.2.24 PSERN Operations Period ILA (or Operations Period ILA) means the interlocal cooperation agreement entered into by the Parties to establish the 11 RES.B Page 94 of 181 terms under which the PSERN Operator will own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 1.2.25 PSERN Operator means the new entity formed pursuant Section 9.1 of this Agreement to own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 1.2.26 PSERN Project (see "Project "). 1.2.27 PSERN System or System means all the elements constituting the PSERN System, excluding Subscriber Radios unless the context indicates inclusion. 1.2.28 Representative means a person appointed by an Appointing Party(ies) to serve on the Joint Board. 1.2.29 Subscriber Radio means an end user radio and includes a mobile (vehicular) and portable (handheld) radio which has been authorized and programmed to operate on the System. 1.2.30 User Agency means an entity that uses the PSERN System under a valid User Agency Agreement for its employees' radio communications. 1.2.31 User Agency Agreement means an agreement executed between the County or the PSERN Operator, as appropriate, and a User Agency establishing the terms under which a User Agency is allowed to access and use the System. 1.2.32 ValleyCom means the Valley Communications Center. 1.2.33 ValleyCom Cities means the Cities of Auburn, Federal Way, Kent, Renton, and Tukwila, Washington. 2.0 DURATION OF AGREEMENT 2.1 This Agreement shall take effect on the date when last signed by an authorized representative of each Party. 2.2 Unless extended by written amendment as provided in Section 15.10 or terminated earlier as provided in Section 13, this Agreement shall expire upon the issuance of FSA and the County's written notice to the other Parties that all Project activities have been completed. 2.3 Notwithstanding Section 2.1 and 2.2 above, if the Project is not funded by a voter approved measure prior to January 1, 2018, this Agreement shall terminate on January 1, 2018 unless extended by agreement of the Parties. 3.0 THE PARTIES' RESPONSIBILITIES 3.1 Appointing Representatives to Joint Board RES.B Page 95 of 181 The Parties, or groups of Parties, shall appoint Representatives to the Joint Board as provided under Section 4. 3.2 Use of Land and Improvements To the extent provided in Section 5.3, each Party agrees to make land and improvements available for PSERN System use. 3.3 Use of Licensed Spectrum To the extent provided in Section 5.4, each Party agrees to make licensed spectrum under its direct or indirect control available for PSERN System use. 3.4 Cooperation on PSERN System Activities Each Party understands and agrees that it is essential to public safety, within its jurisdiction and throughout King County, that the PSERN System be implemented without delay. In support of that objective, each Party agrees to cooperate in good faith with each other in all activities related to the PSERN System's implementation, operation and maintenance, which cooperation shall include: promptly responding to requests for information among the Parties; exercising best efforts to expedite the processing and execution of any requested reviews, inspections, approvals, permits, leases and agreements; and timely performing any construction, installation, testing and maintenance activities related to the PSERN System. 3.5 Other Responsibilities The Parties shall be responsible for such other activities and obligations as are specified herein or arise from a Joint Board action. 4.0 JOINT BOARD 4.1 Creation of Joint Board By executing this Agreement, the Parties hereby create a Joint Board pursuant to RCW 39.34.030(4). The Joint Board is not a separate legal or administrative entity within the meaning of RCW 39.34.030(3). The Joint Board shall oversee the activities of the Parties in connection with the PSERN System as provided in this Agreement. The Joint Board shall act on behalf of all Parties and as may be in the best interests of the PSERN Project. The Joint Board is not authorized to enter into contracts, own assets, or hire employees. 4.2 Joint Board Representatives 4.2.1 The Joint Board shall consist of four (4) voting Representatives appointed as follows by the Parties, or groups of Parties: a. City of Seattle: one (1) Representative and one (1) Alternate. b. Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond collectively: one (1) Representative and one (1) Alternate. Ej RES.B Page 96 of 181 c. Cities of Auburn, Federal Way, Kent, Renton and Tukwila collectively: one (1) Representative and one (1) Alternate. d. King County: one (1) Representative and one (1) Alternate. 4.2.2 The non - voting Chair of the Joint Board shall be the Deputy County Executive or his /her designee. The Chair or designee shall conduct the Joint Board's meetings and supervise the administrative activities related to meetings including scheduling, preparing the agendas, providing reports and other information materials to the Representatives and creating records of Joint Board actions. 4.2.3 The Joint Board may also appoint a chief of a police agency and a chief of a fire agency to serve as non - voting participants on the Joint Board, provided they are from agencies within King County. 4.2.4 The County Executive, the Mayor of the City of Seattle, the Mayors of the EPSCA Cities, and the Mayors of the ValleyCom Cities shall each provide to the Joint Board's Chair a written notice identifying the names of a primary Representative and an alternative Representative (Alternate) who are authorized to speak, vote and otherwise act on behalf of their respective Appointing Party or group of Parties. Such notices shall include the name(s), contact information and effective date(s) of the appointments. 4.2.5 An Alternate may only speak and vote on behalf of his /her Appointing Party(ies) if: (a) the Chair has received written notice of the Alternate's appointment; and (b) the primary Representative is absent from the meeting. References in this Agreement to a "Representative" shall include an Alternate who has been appointed in accordance with this Agreement and is acting in the absence of the primary Representative. 4.2.6 The Appointing Party or group of Parties shall promptly replace any vacancy in its positions of Representative and Alternate and may, at any time, replace its Representative or Alternate by giving the Chair of the Joint Board written notice of the change including: the name(s), contact information and effective date(s) of the replacement(s). 4.2.7 Each Representative and each Alternate shall be an employee of his /her Appointing Party(ies), ValleyCom or EPSCA. No Representative or Alternate shall be deemed to be an employee of, or entitled to compensation from, any Party other than his /her Appointing Party. 4.3 Quorum and Meeting Procedures 4.3.1 A quorum for a meeting of the Joint Board shall be all four (4) voting Representatives and the Chair or his /her designee. 4.3.2 The Joint Board shall establish procedures for its operations and meetings, including establishing regular monthly meeting schedule and location and providing for the scheduling of special and emergency meetings. To the extent allowed by Washington law, the Joint Board may establish procedures for RES.B Page 97 of 181 conducting meetings by telephonic or other electronic means provided that all Representatives and members of the public are able to hear each other during the meeting. If such procedures are established by the Joint Board, any Representative participating in a meeting by such means is deemed to be present at the meeting for all purposes including establishing a quorum. 4.3.3 The Joint Board shall take action by the unanimous vote of all four (4) voting Representatives. 4.3.4 Representatives must be present at a meeting to vote and may not vote by proxy. 4.3.5 The voting Representatives may select an acting Chair to serve in the absence of the Chair or his /her designee. 4.3.6 The Joint Board shall comply with applicable requirements of the Washington State Open Public Meetings Act (Chapter 42.30 RCW). 4.4 Joint Board Actions 4.4.1 The Joint Board shall oversee the implementation, operation and maintenance of the PSERN System to the extent provided in this Agreement. In furtherance of that oversight, the Joint Board is specifically authorized to take the following actions: a. Amend this Agreement including any exhibits; b. Establish committees and advisory groups, including an advisory operations board of emergency radio users, to perform activities related to the PSERN Project or to provide reports or recommendations to the Joint Board related to the PSERN Project; c. Adopt and amend policies, business rules, procedures, standards and guidelines related to the PSERN System including System access and use, security, and System and Subscriber Radio maintenance, upgrading and security; d. Approve the Project Budget subject to County Council appropriation; e. Approve contracts related to the Implementation Period; f. Approve those leases related to the PSERN System for which the monthly rent exceeds the per site monthly rent authorized in the Project Budget; g. Approve changes to PSERN System - related contracts if the cost of the change exceeds the authority granted to the Project Director under the Contracting Plan attached hereto and made a part hereof as Exhibit 1; h. Approve the PSERN System design and any changes to same affecting System performance; 10 RES.B Page 98 of 181 "M i. Approve the issuance by the County to the PSERN Contractor of Notice of Apparent Completion (NAC) of the following milestones: (i) Milestone 3H: System Optimization and RF Coverage Testing (ii) Milestone 3J Operational and Functional System Test (iii) Milestone 3K Pilot Test with 100 Users (iv) Milestone 5C Full System Acceptance j. Approve a transition plan that defines the tasks, responsibilities and schedule for transitioning from the KCERCS to the PSERN System including moving Dispatch Centers and User Agencies onto the PSERN System; k. Approve agreements between the County and User Agencies and Dispatch Centers establishing the terms and conditions for access to and use of the PSERN System; I. Approve such other actions as are specified under this Agreement as being made by the Joint Board; m. Delegate the Joint Board's authority under this Agreement subject to such limitations and conditions as the Joint Board may establish; and n. Approve a Party's request to withdraw from this Agreement and the terms and conditions of such approval in accordance with Section 13. 4.4.2 The PSERN System - related contracts will require prompt review of deliverables and notices of milestone completion. The Joint Board shall hold special meetings as needed and take action in a timely manner so as to avoid delay and other claims by PSERN System - related contractors. Impasse Resolution Procedure 4.5.1 If a matter requiring Joint Board action is moved at a Joint Board meeting but fails for lack of a unanimous vote by all four (4) Representatives, a voting Representative may submit written notice of an impasse to the other Representatives and the Joint Board Chair. The notice shall include a statement of the action being sought and the history of any Joint Board deliberation or vote(s) on the matter. 4.5.2 Within seven (7) days of receipt of a notice of impasse, the Chair or his /her designee shall designate a mediator to assist the Joint Board in resolving the impasse. The mediator shall be experienced in resolving disputes in public sector capital projects and may not be an employee of any of the Parties. 4.5.3 The Parties agree that it is essential to the success of the PSERN Project that any impasse be resolved as quickly as possible and accordingly agree to 11 RES.B Page 99 of 181 instruct their respective Representatives to cooperate with the mediator in good faith including expediting responses to any mediator requests for information and discussion. 4.5.4 The mediator shall promptly investigate the impasse and the respective positions of the voting Representatives. The mediator may recommend one or more non - binding alternatives for resolving the impasse. Regardless of the outcome of the mediation, each Party shall pay an equal percentage share of the cost of the mediator's fees and expenses, if any. The County shall pay the mediator and invoice each Party for its share. Each party shall pay the County within thirty (30) days after receiving the invoice. 4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing his /her recommendation(s), the Elected Executives Committee (EEC) shall meet with the Joint Board to attempt to resolve the impasse. The EEC shall be composed of the King County Executive; the Mayor of the City of Seattle; one elected official designated by the EPSCA Cities; and one elected official designated by the ValleyCom Cities. The Joint Board and the EEC shall convene to consider the matter and attempt to reach a resolution, which may include re- submitting the matter for a Joint Board vote, not later than twenty (20) days after the date the mediator provided his /her recommendation(s). 4.6 Emergency Procedures Consistent with applicable Washington State law, the Joint Board may adopt procedures for providing direction and decision - making in the event of emergencies that have or may have direct, significant and material negative effects on the implementation, operation and maintenance of the PSERN System when consideration of such emergencies by the Joint Board could not occur in a timely manner, all as determined by the Chair of the Joint Board. The procedures shall set forth how an emergency is declared and who declares it. Such procedures may allow expedited procurement and contracting procedures by the Project Director to address the emergency, as may be permitted by Washington State law. Each decision made pursuant to such procedures shall be communicated to the Parties as soon as reasonably possible and shall be subject to ratification by the Joint Board in a regular or special meeting within two (2) weeks after the finding of an emergency by the Chair of the Joint Board. 4.7 Record of Action Actions by the Joint Board shall be memorialized in writing and signed by the Chair or acting chair of the Joint Board. A copy of each action shall be distributed to each Joint Board Representative and Alternate within ten (10) Business Days of the action. 4.8 Joint Board Administrative Support The County shall provide administrative support for the Joint Board. The cost of providing such support shall be covered by the PSERN Project Budget during the Implementation Period and by the PSERN Operations Budget during the Operations Period. 12 RES.B Page 100 of 181 5.0 PSERN SYSTEM IMPLEMENTATION 5.1 Project Management The County will be responsible for performing all Project management activities including: a. all personnel actions related to the Project Director and other County employees assigned to Project activities; b. scheduling and management of day -to -day Project activities; c. developing a Project Budget and obtaining County Council appropriation (s), approving expenditures, and tracking expenditures against the Project Budget including its contingency; d. developing, tracking, and updating all required Project documentation; e. developing and performing all financial, accounting and inventory - control processes including establishing a Project Fund to receive levy and bond proceeds, processing invoices and making payments and distributions from the Project Fund, responding to audits, and tracking the receipt and distribution of equipment and other deliverables in accordance with applicable laws, regulations and policies; developing and implementing a transition plan for Joint Board approval; g. coordinating PSERN Project activities with the Parties and the KCERCS's users; and h. providing regular reports to the Joint Board on the Project's activities during the Implementation Period. 5.2 Contracting and Equipment Ownership 5.2.1 Subject to Joint Board approval, the County will procure, execute and administer all contracts, licenses and agreements related to the planning, analysis, design, development, installation, construction and testing of the equipment, software, facilities, improvements and other elements of the PSERN System. 5.2.2 The Project Director shall be responsible for contract procurement and contract administration activities in accordance with Exhibit 1 and any emergency contracting procedures approved by the Joint Board. 5.2.3 As the Party entering into the contract(s), the County will become the owner of the delivered PSERN System equipment except as provided in Section 7 for Subscriber Radios. The County will transfer said ownership to the new PSERN Operator formed in accordance with Section 9. 13 RES.B Page 101 of 181 5.3 PSERN System Sites 5.3.1 Subject to Joint Board approval if required under Section 4.4.1(f), the County will enter into leases and other arrangements to acquire the rights, for itself and its contractors, successors and assigns, to access, install, use, develop, or construct towers, structures, equipment, facilities and other improvements as needed for PSERN System implementation. 5.3.2 The PSERN System sites identified in the List of Party Owned /Controlled Sites, attached hereto and made a part hereof as Exhibit 2, are controlled directly or indirectly by those Parties as indicated therein. If and to the extent a Party's interest permits, each such listed Party agrees to enter into a lease(s), assignment or other appropriate agreement with the County to permit the use by the PSERN System of the listed site(s) under its control on terms and conditions no worse than the best terms and conditions (for the lessee) that are then applicable in a comparable lease, license or agreement with another governmental entity. Consideration for such a lease may be provided as a cash payment, credit, or reciprocal benefit. 5.3.3 If during the PSERN System design process, other potential locations for PSERN System equipment or facilities are identified on any land or any improvement (such as buildings and towers) in which any Party has an ownership or tenancy interest, or otherwise controls, directly or indirectly through EPSCA or ValleyCom, then subject to any legal limitations, such Party agrees to enter into a lease(s), assignment or other appropriate agreement with the County to permit the use of such land or improvements by the PSERN System. Notwithstanding the forgoing, a Party shall not be required to enter into any lease, assignment, or other agreement that impairs a Party's right and ability to use the equipment or facilities as necessary for KCERCS or the Party's own purposes. The land and improvements shall be offered to the County: a. with a right of first refusal; and b. on terms and conditions no worse than the best terms and conditions (for the lessee) that are then applicable in a comparable lease, license or assignment with another governmental entity. Consideration for such a lease may be provided as a cash payment, credit, or reciprocal benefit. 5.3.4 Nothing in this Agreement shall require a Party, ValleyCom, or EPSCA to terminate or interfere with an existing lease or use of land or improvements. 5.3.5 The Parties will cooperate with the County in fulfilling its role and responsibilities under this Agreement. Without limiting the foregoing, the EPSCA Cities and the ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes and intent of this Section 5.3 and to the extent permitted by law. 5.3.6 In the event the Project is not funded by a voter approved measure prior to January 1, 2018, and this Agreement terminates on January 1, 2018, all leases and agreements entered into pursuant to this Section 5.3 shall also terminate on 14 RES.B Page 102 of 181 January 1, 2018 unless otherwise agreed to by the parties to the lease or agreement. 5.4 Frequencies 5.4.1 The Parties agree that they will cooperate with the County in any Federal Communications Commission process or application necessary to make available, or cause to be made available, for use in the PSERN System the licensed frequencies identified in the List of Frequencies attached hereto and made a part hereof as listed in Exhibit 3, and including any successor frequencies under re- banding. As part of the PSERN System design process, the Parties agree to cooperate in the development of PSERN frequency plans including agreeing to relicensing frequencies from the sites in which they are currently used to other sites in the PSERN System. Further, the Parties will consent to use of frequencies by the County and the PSERN Contractor under the design standards of the PSERN System. 5.4.2 The Parties will cooperate with the County in fulfilling its role and responsibilities under this Agreement. Without limiting the foregoing, the EPSCA Cities and the ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes and intent of this Section 5.4. 5.4.3 In the event a Party withdraws or otherwise terminates its participation in this Agreement and the PSERN System, it shall surrender all rights and interests it may have or claim to have in any frequencies determined by the Joint Board to be necessary for the PSERN System. The provisions and obligations of this Section 5.4 shall survive any termination of, or a Party's withdrawal from, this Agreement. 5.4.4 The Parties agree to take all steps necessary to ensure that all spectrum used in the PSERN System is transferred to and licensed in the name of the PSERN Operator to which ownership of the PSERN System is transferred after FSA. Said transfer and re- licensing shall be effected within sixty (60) days after ownership of the PSERN System has been transferred to the PSERN Operator. 5.4.5 Any frequencies currently used in KCERCS which are not reused in the PSERN System shall remain in the name of the original licensee under KCERCS and shall not be transferred to the PSERN Operator. 5.4.6 If the PSERN Project is terminated prior to FSA, or if following FSA the PSERN System is abolished in its entirety, the PSERN Operator (or if it has not yet been created, the County) will take all steps necessary to transfer the frequencies surrendered pursuant to this Section 5.4 back to each of the Parties, EPSCA, and ValleyCom, and /or their successors. 5.5 Transition from KCERCS to the PSERN System 5.5.1 The Parties agree to continue to operate and maintain the central switch, sub - systems and other elements of KCERCS to the extent the Parties directly or indirectly control such elements until the issuance of FSA of the PSERN System 15 RES.B Page 103 of 181 or such other time as the Joint Board approves. Nothing in this Agreement shall be interpreted to require a Party to undertake any action that would adversely and materially impact a Party's ability to operate KCERCS as necessary for public safety through the Implementation Period. 5.5.2 The Parties shall cooperate with each other in implementing the transition from the KCERCS to the PSERN System including: a. moving or removing, or causing /permitting such moving or removing, of KCERCS equipment to accommodate the installation of PSERN System equipment; b. consenting to the use by the County of frequency licenses for use in the PSERN System during the Implementation Period and until the licenses are transferred to the PSERN Operator, by: (1) executing letters of concurrence allowing the County to be a co- licensee for those frequencies during the Implementation Period; and (2) unlicensing those frequencies used by PSERN; and c. timely performance of all applicable tasks and responsibilities specified in the Transition Plan adopted by the Joint Board. 5.5.3 The County will serve as the PSERN System manager and enter into agreements with Dispatch Centers and User Agencies establishing the terms and conditions for their transition to and use of the PSERN System, as more fully described in Sections 6 and 7. 5.5.4 Through their direct or indirect participation on the KCERCS's Regional Communications Board, the Parties agree to take such actions as are necessary to effect the purposes of this section and any other matter necessary to the transition from the KCERCS to the PSERN System. 5.6 Decommissioning of KCERCS It is expected that through the PSERN Project, all KCERCS equipment will be decommissioned and removed. However, to the extent KCERCS equipment is not decommissioned and removed due to a decision by the Joint Board or a Party, the Parties shall be responsible for decommissioning the elements of the KCERCS that they own or are owned by entities in which they participate. 16 RES.B Page 104 of 181 6.0 DISPATCH CENTER EQUIPMENT IMPLEMENTATION 6.1 Dispatch Center Equipment The PSERN Project Budget will fund the purchase of certain PSERN System equipment that will be installed at Dispatch Centers in King County in a like- for -like exchange of existing KCERCS - related equipment in order to enable the Dispatch Centers to access and use the PSERN System. The County shall be the owner of said PSERN System equipment during the Implementation Period and will transfer ownership to the PSERN Operator as provided in Section 9. 6.2 Dispatch Center Agreements Neither the County nor the PSERN Operator may deny consoles or console service to any Dispatch Center. As a condition of using said new equipment and the PSERN System, each Dispatch Center shall enter into a Dispatch Center Agreement with the County or the PSERN Operator. The County and the PSERN Operator shall make consoles and console service available to each Dispatch Center on substantially similar terms and conditions. The Dispatch Center Agreement shall include, among others terms, the following: a. a grant by the Dispatch Center to the County and its successors and assigns for the space, access rights, power, fiber connections, internet access and other resources necessary for the County and its contractors to deliver, store, install, test, operate and maintain PSERN System equipment; b. the quantities and types of equipment that will be funded by the PSERN Project Budget and installed at the Dispatch Center; c. the schedule and locations for installation and testing of said equipment and training users; d. the provision that the County or PSERN Operator, as appropriate, will provide maintenance, updates, and upgrades to consoles for as long as they shall remain in service and owned by the County or the PSERN Operator; e. the process for repairing /replacing /upgrading equipment; f. the obligations for the Dispatch Center to pay the user fees and other costs of connecting to the PSERN System during the Operations Period; g. the Dispatch Center is responsible for theft, damage or other loss after delivery of equipment to the Dispatch Center's facility; and h. a commitment by the Dispatch Center to execute a novation replacing the County with the new PSERN Operator for the Operations Period. If a Party or entity is both a Dispatch Center and a User Agency, the above provisions may be addressed in a single Dispatch Center /User Agency Agreement. 17 RES.B Page 105 of 181 7.0 SUBSCRIBER RADIO EQUIPMENT IMPLEMENTATION 7.1 County Purchase of Initial Order of Subscriber Radios Pursuant to an executed User Agency Agreement as provided in Section 7.4, the County will purchase initial orders of Subscriber Radios on behalf of all User Agencies. Ownership of said County - purchased Subscriber Radios will be transferred to the User Agencies within the same fiscal year that the Subscriber Radios are put into service. User Agencies may enter into "piggyback" contracts with the PSERN Contractor for the direct purchase of additional Subscriber Radios. 7.2 Project Funding for Certain Subscriber Radios The PSERN Project Budget will be used to fund the initial order of certain types of Subscriber Radios and accessories for the User Agencies identified in the List of User Agencies Eligible for Radio Exchanges, which is attached hereto and made a part hereof as Exhibit 5. A User Agency listed in Exhibit 5 shall be eligible to receive a Project - funded Subscriber Radio and a kit of standard accessories in exchange for a trade -in radio used in the KCERCS, provided that each trade -in radio: a. was an active radio in the KCERCS zone controller within thirty (30) days prior to the date of the exchange; and b. is an operable radio at the time of the exchange. The new Subscriber Radio funded by the Project Budget shall be the type of radio as listed in Exhibit 5 that is the nearest equivalent to the trade -in radio. 7.3 Payments by User Agencies 7.3.1 A User Agency that is listed on Exhibit 5 shall pay the County for the added costs of any Subscriber Radios, features and accessories that are not covered by the Project Budget under Section 7.2. 7.3.2 A User Agency that is not listed in Exhibit 5 shall pay the County for the full cost, including taxes, of any Subscriber Radio purchased by the County on its behalf. 7.3.3 The County shall establish the method and timing of such payments in advance of placing an order with the PSERN Contractor. 7.4 User Agency Agreements No User Agency may register or use a radio or other device on PSERN unless it has entered into a User Agency Agreement with the County or the PSERN Operator. Neither the County nor the PSERN Operator may deny radios or radio service to any agency permitted to be licensed in the Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 if that agency enters into and complies with the provisions of a User Agency Agreement. The User Agency Agreements shall include, among other terms, the following: 18 RES.B Page 106 of 181 a. the quantities and types of Subscriber Radios that will be funded by the PSERN Project Budget and the amounts to be paid by the User Agency; b. designation of the User Agency's status (primary or secondary) and priorities at the talkgroup level; c. a grant of all space, access rights, power and other resources necessary for the County and its contractors to deliver, store, install, and test Subscriber Radios; d. the schedule and locations for installation and testing of Subscriber Radios and user training; e. the central management of encryption keys and the template for programming User Agency radios; f. the prohibition with applicable timeframes on a User Agency's re -sale or transfer of any Subscriber Radios and the requirements for tracking and reporting all Subscriber Radios to the County; g. the terms for use of the System including acceptable equipment models and features, protocols, maintenance standards and other conditions; h. the process for repairing /replacing Project- funded Subscriber Radios through the end of the warranty period; i. the obligations for the User Agency to pay the user fees and other costs of connecting to the PSERN System during the Operations Period; j. the User Agency is responsible for theft, damage or other loss after delivery of equipment to the User Agency's facility; and k. a commitment by the User Agency to execute a novation replacing the County with the new PSERN Operator for the Operations Period. 8.0 PSERN PROJECT BUDGET FOR IMPLEMENTATION PERIOD 8.1 Funding of Project Budget The PSERN Project Budget will be funded by proceeds from a County -wide property tax levy and, as needed, proceeds from bond or other debt instruments issued by the County. The reimbursement and other payments provided under this Section are conditioned upon voter - approval of the funding levy and the County Council's adoption of an appropriation for the PSERN Project Budget. Except as provided in this Agreement or by action of the Joint Board, the City of Seattle, the EPSCA Cities, and ValleyCom Cities shall not be required to reimburse the PSERN Project Budget or the County for costs incurred during the Implementation Period. 19 RES.B Page 107 of 181 8.2 Elective Contract Change 8.2.1 Any Contract Change determined by the Project Director to be elective, must be approved in advance by the Joint Board. The Joint Board may approve the Contract Change either as an Elective Contract Change or if the Joint Board determines the change is not elective, as a Contract Change. At the time the Joint Board approves an Elective Contract Change, it shall also approve a reimbursement allocation for the cost of the Elective Contract Change to be paid by one or more Parties in the event the Project Budget is insufficient to cover some or all of the cost of the Elective Contract Change as described in Section 8.2.2 below. 8.2.2 At the end of the Implementation Period, if the PSERN Project Budget is insufficient to pay the reimbursements and payments provided in this Section 8, the Parties shall reimburse the PSERN Project Budget for all Elective Contract Changes according to the allocations approved by the Joint Board, up to the amount of the budget shortfall beginning with the first adopted Elective Contract Change and proceeding in chronological order. 8.3 Reimbursement of Planning Phase Costs 8.3.1 The County shall use the Project Budget to reimburse itself, the City of Seattle, EPSCA and ValleyCom for the following costs incurred from August 1, 2012, through the start of the Implementation Period: a. the costs of staff labor hours expended on planning, analysis, procurement, legal and other PSERN System - related activities; and b. the costs of technical, financial, consultant, legal and other contractor services related to the PSERN System. Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate that is used in the normal course when the employee's time is charged for other purposes. Reimbursement for contractor services shall be at the reasonable, actual amount paid by the agency seeking reimbursement. 8.3.2 Requests for reimbursement under this Section 8.3 may be submitted to the County after the County Council's adoption of a PSERN Project Budget and appropriation. 8.3.3 Requests shall be submitted on a form prescribed by the County and be accompanied by such documentation as the County may require including time records and invoices. 8.4 Administrative, Election and Financing Costs The Project Budget shall cover the County's costs of providing administrative support to the Joint Board and the election, legal, financing, administration and other costs associated with the levy and the issuance of any bonds or other debt financing. 8.5 Reimbursement of Implementation Period Costs 20 RES.B Page 108 of 181 8.5.1 The Project Budget shall cover all of the County's costs incurred during the Implementation Period including: a. payments to the PSERN Contractor and other contractors b. County labor and internal charges c. rents, fees and other costs related to real property access and development activities d. insurance e. equipment, tools, technology, devices, vehicles and supplies f. travel g. training h. fuel i. freight j. utilities k. security systems and services I. road maintenance m. cost of claims, litigation and related legal and other expenses. 8.5.2 The County shall use the Project Budget to reimburse the City of Seattle, EPSCA and ValleyCom for the costs of staff labor hours expended during the Implementation Period on all PSERN System - related activities contemplated or required under this Agreement, including: a. preparation for and participation at Joint Board and technical committee meetings; b. witnessing the PSERN Contractor's factory testing, field testing of infrastructure and coverage testing; and c. escorting PSERN Contractor personnel to sites at which the City of Seattle, EPSCA or ValleyCom have current KCERCS maintenance responsibilities. Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate that is used in the normal course when the employee's time is charged for other purposes. Requests for reimbursement shall be submitted on a calendar quarter basis following the County Council's adoption of an appropriation for the PSERN Project Budget. Failure to submit a request within sixty (60) days after the end of a calendar quarter shall constitute a waiver of any reimbursement for cost incurred in said quarter. Requests shall be submitted on a form prescribed by the County and be accompanied by such documentation as the County may require including time records and invoices. 8.6 Subscriber Radio Purchases The Project Budget will be used to fund the initial order of certain types of Subscriber Radios and accessories as provided in Section 7. 8.7 PSERN Operator's Start -up Costs 21 RES.B Page 109 of 181 Upon creation of a new PSERN Operator as provided in Section 9.1, the County shall pay to said PSERN Operator the amount specified in the Project Budget for the new PSERN Operator's pre -FSA expenses for start -up activities under Section 9.2 and the Operations Period ILA. 8.8 System Transition Stabilization Fund The County shall, within the Project Budget, create a PSERN System Transition Stabilization Fund in the amount of $ 2,619,406.00, the purpose of which shall be to reduce and phase in the impact of increased console and radio rates on PSERN System User Agencies and Dispatch Centers. By March 31 of the year prior to the expected date for FSA as projected by the Project Manager, the Joint Board shall adopt a System Transition Stabilization Fund plan. 9.0 TRANSFER OF SYSTEM FOR OPERATIONS PERIOD 9.1 Creation of a new PSERN Operator Not later than one year prior to the expected date for FSA as projected by the Project Manager, the Parties shall create and establish a non - profit corporation as authorized under RCW 39.34.030 to own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 9.2 Start -up of PSERN Operator As provided in the Operations Period ILA, the Parties shall cause said new PSERN Operator to hire an Executive Director and staff, train staff, establish facilities, contract for goods and services, install systems and undertake all other steps necessary for the PSERN Operator to be able to accept the transfer of the PSERN System from the County and be fully responsible for the Operations Period upon issuance of FSA by the Joint Board. 9.3 Transfer and Novation Agreements The Parties shall cause the PSERN Operator to enter into agreements with the County and third parties that effect the following upon FSA and after the County has determined and notified the Parties that all Implementation Period activities have been completed: a. transfer all PSERN System - related equipment (other than subscriber radios as provided in Section 7.0); and b. the novation of the contract with the PSERN Contractor, the Dispatch Center and User Agency Agreements and all licenses, leases and other contracts and agreements related to the PSERN System. The Parties intend and agree that the PSERN Operator shall be deemed to be the successor to the County for all PSERN System purposes and shall assume all of the County's rights, responsibilities and liabilities under said contracts, licenses, leases and agreements. 22 RES.B Page 110 of 181 10.0 OPERATIONS AND MAINTENANCE PENDING TRANSFER 10.1 Interim Operations If the transfer of the PSERN System is not completed as provided in Section 9.0 above and the PSERN Operations Period ILA, then the County may continue to operate and maintain the PSERN System after FSA. 10.2 Cost Allocation Model 10.2.1 In the event the transfer to a new PSERN Operator has not occurred and if the County continues to act as the lead for operations and maintenance beyond FSA, the County will be paid monthly user rates by each Dispatch Center and User Agency, based on the Cost Allocation Model at Exhibit 4, until the transfer occurs and the County has closed out its role and incurs no more costs. 10.2.2 The Cost Allocation Model shall be applied to an annual Operations Budget developed by either the County or the PSERN Operator for each calendar year of Operations after FSA. The Dispatch Center and User Agency rates shall be recalculated annually to reflect cost changes from January 1 through December 31 of each year, and shall be included in the Operations Budget, which shall be subject to approval by the Joint Board. 10.2.3 By May 1 of each year, the County or PSERN Operator shall calculate the share of costs to be billed to the Dispatch Centers and User Agencies in accordance with the Cost Allocation Model and Operations Budget in the coming year and transmit that information to each Dispatch Center and User Agency. 10.3 The County shall collect fees in accordance with the Dispatch Center and User Agency Agreements. 11.0 INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND RECORDS 11.1 Intellectual Property The Parties may be provided with products, documents or other deliverables related to the PSERN System that are the subject of copyright, trade secret and other intellectual property rights of, or claims of such rights. Each Party agrees that it will exercise any intellectual property license rights in accordance with the license provisions of the County Contract and any other applicable licenses so long as the Party has prior notice of the license requirements. 11.2 Confidential Information 11.2.1 Each Party agrees that it will: (a) limit the distribution of Confidential Information to those employees, contractors or other persons who have a reasonable business need to know such information; and (b) take all reasonable 23 RES.B Page 111 of 181 care, and not less than the care the Party applies to its own confidential information, to prevent unauthorized use or disclosure of Confidential Information. Each Party agrees that it will not use, copy, convey or disclose any Confidential Information to any other person or entity unless expressly authorized in writing by the person that provided the Confidential Information or as may be required by law. 11.2.2 Such care shall include: (a) requiring such employees, contractors or other persons to sign a nondisclosure agreement; (b) requiring any contractors to also undertake reasonable protection measures; and (c) promptly enforcing any violations of such agreements. 11.3 Records. 11.3.1 Each Party shall keep records as required by state law and in accordance with such policies, procedures and retention schedules as may be established by the Joint Board. To the extent permitted by law, all records, accounts and documents relating to matters covered by this Agreement shall be subject to inspection, copying, review or audit by the Washington State Auditor or any Party. Upon reasonable notice, during normal working hours, each Party shall provide auditors from the Washington State Auditor or the other Parties with access to its facilities for copying said records at their expense. 11.3.2 Each Party shall be responsible for responding to public disclosure requests addressed to it in accordance with the Washington Public Records Act, Chapter 42.56 RCW, and such procedures as may be established by the Joint Board. If a Party receives a public records request for records related to the PSERN System, the Party receiving the request shall promptly notify the Project Director and the Joint Board. Absent agreement by the Parties on other arrangements, the Party receiving the request shall remain responsible for responding to the requester. In the event a request for records is addressed to the Joint Board but specifies records of a single Party, such Party shall assume responsibility for responding to the request. In the event a request for records is addressed to the Joint Board but does not specify records of a single Party, the County shall assume responsibility for coordinating the Parties' response to the request. 11.3.3 If the requested records include any Confidential Information, the Party receiving the request shall promptly notify the Party or other person or entity that designated the information as Confidential Information. Any Party receiving a public records request that includes Confidential Information shall not disclose the Confidential Information for ten (10) business days in order to give the affected Party or third party the opportunity to take whatever action they deem necessary to protect their interests before disclosure of the Confidential Information. A Party receiving a public disclosure request shall not be required to take any legal action in order to prevent disclosure of Confidential Information, nor shall a Party incur any liability to any other Party for disclosing Confidential Information in response to a public disclosure request so long as the disclosing Party has complied with the provisions of this Section 11. 24 RES.B Page 112 of 181 12.0 FORCE MAJEURE Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, strikes and other labor disruptions, and other industrial, civil or public disturbances that are not reasonably within the control of a Party causing the Party's inability to perform an obligation under this Agreement are "Force Majeure Events." If any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform or comply with any obligation or condition of this Agreement, such obligation or condition shall be suspended for the time and to the extent reasonably necessary to allow for performance and compliance and restoration of normal operations. 13.0 TERMINATION OF AGREEMENT; WITHDRAWAL OF A PARTY 13.1 Termination of Agreement by Joint Board. The Joint Board may terminate this Agreement in its entirety by the unanimous affirmative vote of all voting Representatives. 13.2 Withdrawal of a Party. 13.2.1 In the event that a Party desires to withdraw from this Agreement, it shall give written notice to the Joint Board including its reasons therefor, a description of the probable impacts on the other Parties, a description of the probable impacts to the scope, schedule and budget of the PSERN Project and a proposed withdrawal work plan that will identify all necessary actions which need to be undertaken to effect the withdrawal. 13.2.2 Upon receipt of the above - described notice and information, the Joint Board will consider the request for withdrawal. The Joint Board may in its sole discretion approve a Party's request to withdraw from this Agreement and establish any terms and conditions for approval. Approval requires a unanimous vote of all voting Representatives on the Joint Board. 13.2.3 A Party that is permitted to withdraw shall remain responsible for any obligations that arose prior to the effective date of the withdrawal and for any that are specified under Section 15.14 as surviving a withdrawal. A withdrawing Party shall be solely liable for any actual costs to the other Parties arising out of or resulting from the withdrawal. Any such costs or other amounts owed under this Agreement by a withdrawing Party shall be paid prior to the effective date of the withdrawal or, if such amounts are not yet established, then within thirty (30) days after the amount is established. 25 RES.B Page 113 of 181 14.0 LEGAL RELATIONS 14.1 Independent Contractors and No Third Party Beneficiaries 14.1.1 Each Party to this Agreement is an independent contractor with respect to the subject matter herein. No joint venture or partnership is formed as a result of this Agreement. 14.1.2 Nothing in this Agreement shall make any employee of one Party an employee of another party for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded by virtue of their employment. No Party assumes any responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of any other Party's employees. No employees or agents of one Party shall be deemed, or represent themselves to be, employees of another Party. 14.1.3 It is understood and agreed that this Agreement is solely for the benefit of the Parties, ValleyCom and EPSCA and gives no right to any other person or entity. 14.2 Claims Arising from the Joint Board's Acts or Omissions The Parties agree to share the cost, including the costs of defense, in the event of any claim, lawsuit, demand, judgment, award or liability of any kind against the Joint Board, any Party, ValleyCom or EPSCA and their respective officials and employees ( "Claim(s) ") arising out of, or in any way resulting from: (a) a Joint Board action or failure to act; or (b) the County's acts or omissions arising from a Joint Board action or failure to act. The Parties agree to share the costs arising from such a Claim(s), including the costs of defense in the following percentages: a. King County shall be liable for 25 %; b. City of Seattle shall be liable for 25 %; c. the EPSCA Cities shall be jointly and severally liable for 25 %; and d. the ValleyCom Cities shall be jointly and severally liable for 25% The Parties agree to cooperate with each other as necessary in responding to and defending against all such Claims, which may include developing a joint defense plan. 14.3 Other Claims Except for a Claim covered by Section 14.2, each Party to this Agreement shall protect, defend, indemnify, and save harmless the other Parties and their respective officials and employees, from any and all Claims, arising out of, or in any way resulting from, the indemnifying Party's negligent acts or omissions. No Party will be required to indemnify, defend, or save harmless any other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of another Party. Where such claims, suits, or actions result from concurrent negligence of two or more Parties, the indemnity 26 RES.B Page 114 of 181 provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. Each of the Parties agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to each of the other Parties only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 14.4 Waiver of Consequential and Certain Other Damages ALTHOUGH EACH PARTY ACKNOWLEDGES THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST EPSCA, VALLEYCOM, THE OTHER PARTIES, AND THEIR RESPECTIVE OFFICALS AND EMPLOYEES FOR ANY: COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, PROVIDED THAT THIS SECTION SHALL ONLY APPLY TO CLAIMS BETWEEN AND AMONG THE PARTIES, EPSCA AND VALLEYCOM, AND SHALL NOT BE INTERPRETED TO LIMIT ANY CLAIMS BROUGHT PURSUANT TO SECTION 14.3. 14.5 In the event that any of the Parties or combination of the Parties incurs any judgment, award, and /or cost arising therefrom, including attorney fees, to enforce the provisions of this Section 14, all such fees, expenses, and costs shall be recoverable from the responsible Party or combination of the Parties to the extent of that Party's /those Parties' culpability. 14.6 The provisions of this Section 14 shall survive the expiration or termination of this Agreement. 15.0 GENERAL 15.1 Filing of Agreement Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with the King County Recorder's Office or, alternatively, listed by subject on a Party's web site or other electronically retrievable public source. 15.2 Time of the Essence The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. 15.3 Specific Performance In the event a Party fails to perform an obligation under this Agreement, the other Parties or any one of them shall have the right to bring an action for specific performance, damages and any other remedies available under this Agreement, at law or in equity. 27 RES.B Page 115 of 181 15.4 No Waiver No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party or Parties claimed to have waived or consented. Waiver of any default of this Agreement shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach. Waiver of such default and waiver of such breach shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval of all Parties. 15.5 Parties Not Relieved of Statutory Obligations Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by the Joint Board, the performance may be offered in satisfaction of the obligation or responsibility. 15.6 Nondiscrimination The Parties shall comply with the nondiscrimination requirements of applicable federal, state and local statutes and regulations. 15.7 No Assignment No Party shall transfer or assign a portion or all of its responsibilities or rights under this Agreement, except with the prior authorization of the Joint Board. 15.8 Dispute Resolution If one or more Parties believes another Party has failed to comply with the terms of this Agreement, the affected Parties shall attempt to resolve the matter informally. If the Parties are unable to resolve the matter informally, any Party may submit the matter to mediation in accordance with the process provided in Section 4.5. If the Parties submit the matter to mediation and the matter is not resolved, then the aggrieved Party shall be entitled to pursue any legal remedy available. 15.9 Entire Agreement The Parties agree that this Agreement, including any attached exhibits, constitutes a single, integrated, written contract expressing the entire understanding and agreement between the Parties. No other agreement, written or oral, expressed or implied, exists between the Parties with respect to the subject matter of this Agreement, and the Parties declare and represent that no promise, inducement, or other agreement not expressly contained in this Agreement has been made conferring any benefit upon them. 15.10 Amendment Only In Writing This Agreement may be amended by action of the Joint Board in accordance with Section 4.4.1. 28 RES.B Page 116 of 181 15.11 Notices 15.11.1 Any notice under this Agreement shall be in writing and shall be addressed to the Chair of the Joint Board, the Project Director and to each Party's Representative. Any notice may be given by certified mail, overnight delivery, facsimile telegram, or personal delivery. Notice is deemed given when delivered. Email may be used for notice that does not allege a breach or dispute under this Agreement. 15.11.2 The names and contact information set forth in Contact Information, attached hereto and made a part hereof as Exhibit 6, shall apply until amended in writing by a Party providing new contact information to each other Party. 15.12 Choice of Law; Venue This Agreement and any rights, remedies, and /or obligations provided for in this Agreement shall be governed, construed, and enforced in accordance with the substantive and procedural laws of the State of Washington. The Parties agree that the Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 15.13 Severability The provisions of this Agreement are severable. If any portion, provision, or part of this Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of this Agreement and the remaining provisions shall remain in full force and effect. 15.14 Survival Provisions The following provisions shall survive and remain applicable to each of the Parties notwithstanding any termination or expiration of this Agreement and notwithstanding a Party's withdrawal from this Agreement. Section 11 Intellectual Property, Confidential Information and Records Section 14 Legal Relations Section 15.12 Choice of Law; Venue Additionally, unless otherwise determined by the Joint Board, Sections 5.3 and 5.4 shall survive a Party's withdrawal from this Agreement. 15.15 Counterparts This Agreement shall be executed in counterparts, any one of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. 29 RES.B Page 117 of 181 IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in the spaces provided below. KING COUNTY Name Title Date Approved as to Form: Deputy Prosecuting Attorney CITY OF BELLEVUE Name Title Date Attest: City Clerk Approved as to Form: City Attorney 30 CITY OF AUBURN Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF FEDERAL WAY Name Title Date Attest: City Clerk Approved as to Form: City Attorney RES.B Page 118 of 181 CITY OF ISSAQUAH Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF KIRKLAND Name Title Date Attest: City Clerk Approved as to Form: City Attorney 31 CITY OF KENT Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF MERCER ISLAND Name Title Date Attest: City Clerk Approved as to Form: City Attorney RES.B Page 119 of 181 CITY OF REDMOND Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF SEATTLE Name Title Date Attest: City Clerk Approved as to Form: City Attorney 32 CITY OF RENTON Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF TUKWILA Name Title Date Attest: City Clerk Approved as to Form: City Attorney RES.B Page 120 of 181 Exhibit 1 Contracting Plan 1.0 General 1.1 This Contracting Plan sets forth the general contract procurement and contract administration responsibilities of the County and its employees with regard to those contracts determined to be necessary or desirable for the planning, implementation, testing, operation and maintenance of the PSERN System during the term of the Agreement. Such contracts include contracts with: (a) the vendor providing the PSERN System and Subscriber Radios; (b) the consultant designing the improvements at certain sites; and (c) the contractor constructing said site improvements. 1.2 The Project Director, and those King County employees designated by the Project Director, shall be responsible for the procurements and day -to -day administration of such contracts and shall make all decisions related thereto subject to such approval by the Joint Board as may be required by the Agreement 2.0 Contract Procurement Activities 2.1 The County shall be responsible for the following contract procurement activities: a. drafting and issuing the applicable Invitations To Bid (ITBs) or Requests for Proposals ( "RFPs ") and any modifications to these documents; b. responding to questions and evaluating bids or proposals submitted in response to the ITBs or RFPs; c. conducting contract negotiations; d. awarding contracts and responding to any protests or challenges to the awards; and e. responding to requests for County records related to the procurement processes. 2.2 The Joint Board may appoint technical or other committees to participate with the County in the above procurement activities by providing timely review, comments and recommendations to the County's Buyer and Project Director, as applicable. 3.0 Contract Administration Activities 3.1 The County shall be responsible for administering PSERN System - related contracts including the following activities: a. Monitoring contractors' compliance with contract schedule, scope, budget, quality requirements, and all other terms and conditions; b. Participating in inspections, testing and other compliance- verification measures; c. Identifying performance deficiencies and requiring remediation; d. Managing the Contract Change Order and amendment processes and performing cost /price analyses of Contract Changes as necessary; e. Reviewing and responding to the contractors' deliverables and assertions of milestone completion within prescribed review timeframes using the agreed upon procedures; f. Responding to and resolving contractor claims; g. Processing and paying contractor invoices; h. Administering warranty claims; RES.B Page 121 of 181 i. Coordinating communications between contractors and the owners of sites and facilities at which PSERN System equipment will be located or current equipment will be removed; j. Coordinating communications between contractors and the owners of vehicles in which PSERN System equipment will be installed; k. Coordinating with User Agencies in the ordering of Subscriber Radios; I. Coordinating internal and external audits; m. Responding to information and public disclosure requests from the public and media; n. Monitoring expenditures compared to the Project Budget, including use of contingency amounts; o. Providing reports to the Joint Board on contract administration and the current status of the PSERN Project; and p. Contract Close -out. 3.2 The Project Director shall develop appropriate procedures and practices for the activities listed above. The Project Director may amend such procedures and practices as necessary. 3.3 The Parties acknowledge that it is essential the Project Director serve as the sole communication conduit with each contractor on matters related to the PSERN System. Unless specifically designated by the Project Director, the Joint Board Representatives, their Alternates, members of any committees and the Parties and their employees, representatives, consultants, and agents shall not communicate with the contractors on PSERN System - related matters. 4.0 Contract Changes 4.1 The County shall execute in writing any changes or amendments to a contract's terms, conditions, specifications, scope, schedule, price, or other requirements ( "Contract Change ") 4.2 Except in case of an emergency, the Project Director shall obtain prior - approval by the Joint Board of any Contract Change that: a. individually adds more than $200,000 in contract cost; b. collectively, when combined with all other Contract Changes to the applicable contract, adds more than $1,000,000 in cost to that contract; C. adds more than thirty (30) days to a contract's schedule; d. materially changes the PSERN System design; e. exceeds a PSERN Project Budget line item; or f. that the Project Director determines to be elective. 5.0 Contractor Claims 5.1 In the event a contractor files a claim for additional time or money, the Project Director shall notify the Joint Board of the requested Contract Change and whether the Project Director approves or rejects same. The Project Director is authorized to negotiate and resolve such claims, subject to the same limitations as regarding Contract Changes set forth above. 5.2 The Joint Board, its committees and the Parties shall cooperate with the Project Director and support the Project Director in responding, defending and /or resolving such claims including collecting and providing information and participating in any dispute resolution and legal proceedings related to such contractor requests or claims. 2 RES.B Page 122 of 181 6.0 Conditions on Participation in Procurement and Contract Administration Activities The Project Director may require, as a condition of participating in the PSERN System procurement and contract administration activities, that Joint Board Representatives and Alternates, committee members and any other individuals agree in writing to keep information confidential and comply with all laws, regulations, PSERN System contracts, County requirements and the provisions of this Agreement including provisions relating to conflict of interest, confidentiality, records retention, records disclosure and other requirements. END OF EXHIBIT 1. 3 RES.B Page 123 of 181 Exhibit 2 List of Party Owned /Controlled Sites King County Sites Seattle Sites Valleycom Sites EPSCA Sites Clearview Apple Cove Cambridge Education Hill Crista Capitol Hill McDonald Peak Norway Hill Federal Way Northeast Skyway West Tiger Mountain Grass Mountain West Seattle PSAP King County Regional Justice Center Harborview Medical Center Seattle Fire Department Kent Sites Redmond Sites King County Courthouse Seattle Public Utilities Cambridge Education Hill King County Jail Sound Transit OMF DISPATCH UW Police Department King County Regional Justice Center Valleycom PSAP Bellevue Sites Marysville Water Tank Bellevue Fire Station 9 Rattlesnake Mountain Ring Hill Snoqualmie Pass Sobieski Mountain Squak Mountain Top Hat View Park Participating PSAP'S and Dispatch Locations Bothell Police Department PSAP Enumclaw Police Department PSAP Harborview Medical Center DISPATCH Issaquah Police Department PSAP King County Courthouse DISPATCH King County Jail DISPATCH NORCOM 911 PSAP King County RCECC PSAP Redmond Police Department PSAP King County Regional Justice Center DISPATCH Seattle Fire Department PSAP Seattle Police Department PSAP Seattle Public Utilities DISPATCH Sound Transit LCC DISPATCH Sound Transit OMF DISPATCH UW Police Department PSAP Valleycom PSAP King County Youth Service Center DISPATCH END OF EXHIBIT 2. RES.B Page 124 of 181 Exhibit 3 List of Frequencies Seattle EPSCA Valleycom Fixed Mobile Fixed Mobile Fixed Mobile 851.1875 806.1875 851.1375 806.1375 851.0625 806.0625 851.4125 806.4125 851.8875 806.8875 851.0875 806.0875 851.9375 806.9375 852.6375 807.6375 851.1625 806.1625 851.9875 806.9875 853.3875 808.3875 851.3625 806.3625 852.1625 807.1625 853.4125 808.4125 851.8125 806.8125 852.6875 807.6875 854.2375 809.2375 851.9625 806.9625 852.9125 807.9125 855.4875 810.4875 852.1125 807.1125 853.4375 808.4375 866.1625 821.1625 852.6125 807.6125 853.6625 808.6625 866.2125 821.2125 852.7125 807.7125 854.1125 809.1125 866.4125 821.4125 852.8625 807.8625 854.1875 809.1875 866.4625 821.4625 853.3125 808.3125 854.3625 809.3625 866.6625 821.6625 853.4875 808.4875 854.4125 809.4125 866.9125 821.9125 853.6125 808.6125 866.2875 821.2875 866.9875 821.9875 854.0875 809.0875 866.3125 821.3125 867.2250 822.2250 854.2875 809.2875 866.3375 821.3375 867.2500 822.2500 855.7125 810.7125 866.4375 821.4375 867.3125 822.3125 855.9875 810.9875 866.6875 821.6875 867.3625 822.3625 856.4375 811.4375 866.7125 821.7125 867.3875 822.3875 856.7125 811.7125 866.7375 821.7375 867.4875 822.4875 856.9375 811.9375 866.8875 821.8875 867.8125 822.8125 857.2625 812.2625 867.2875 822.2875 867.8875 822.8875 857.4375 812.4375 867.7625 822.7625 868.2000 823.2000 857.7125 812.7125 867.7875 822.7875 868.2250 823.2250 857.9375 812.9375 868.1750 823.1750 868.5250 823.5250 858.2625 813.2625 868.4750 823.4750 868.6500 823.6500 858.7125 813.7125 868.6750 823.6750 868.7750 823.7750 858.9375 813.9375 868.8750 823.8750 868.8250 823.8250 859.4375 814.4375 866.1625 821.1625 868.9000 823.9000 859.9375 814.9375 866.4125 821.4125 868.9500 823.9500 860.2625 815.2625 866.6625 821.6625 868.9750 823.9750 860.7125 815.7125 868.2250 823.2250 867.0125 822.0125 866.3625 821.3625 868.6500 823.6500 866.3875 821.3875 868.9000 823.9000 866.9375 821.9375 867.5125 822.5125 866.9625 821.9625 867.3375 822.3375 867.4375 822.4375 867.8375 822.8375 867.8625 822.8625 868.4250 823.4250 868.4500 823.4500 866.5125 821.5125 1 RES.B Page 125 of 181 King County King County Fixed Mobile Fixed Mobile 154.9650 153.9950 866.3875 821.3875 155.1900 154.6500 866.4875 821.4875 155.3700 155.3700 866.4875 821.4875 460.5500 465.5500 866.5500 866.5500 851.0625 806.0625 866.5750 866.5750 851.0875 806.0875 866.6000 866.6000 851.1625 806.1625 866.6250 866.6250 851.3625 806.3625 866.6500 866.6500 851.8125 806.8125 866.9375 821.9375 851.9625 806.9625 866.9625 821.9625 852.1125 807.1125 867.3375 822.3375 852.6125 807.6125 867.4375 822.4375 852.8625 807.8625 867.4625 822.4625 853.3125 808.3125 867.6875 867.6875 853.4875 808.4875 867.6875 867.6875 853.6125 808.6125 867.7000 867.7000 854.0875 809.0875 867.7125 822.7125 854.2875 809.2875 867.8375 822.8375 855.2375 810.2375 867.8625 822.8625 855.9875 810.9875 867.9750 822.9750 856.2375 811.2375 868.0125 823.0125 856.4625 811.4625 868.2500 823.2500 856.4875 811.4875 868.4000 823.4000 856.9625 811.9625 868.4250 823.4250 856.9875 811.9875 868.4500 823.4500 857.2375 812.2375 868.5750 823.5750 857.4625 812.4625 868.7000 823.7000 857.4875 812.4875 858.2375 813.2375 858.4625 813.4625 858.4875 813.4875 858.9625 813.9625 859.4625 814.4625 860.4625 815.4625 860.9625 815.9625 866.0125 821.0125 866.0500 866.0500 866.0750 866.0750 866.1000 866.1000 866.1250 866.1250 866.1500 866.1500 866.3625 821.3625 E RES.B Page 126 of 181 END OF EXHIBIT 3. 3 RES.B Page 127 of 181 King Seattle EPSCA Valleycom County 5945.20 5945.20 5974.85 5945.20 6063.80 6034.15 6004.50 5974.85 6315.84 6197.24 6635.00 6004.50 10715.00 6286.19 10795.00 6093.45 10795.00 10775.00 10835.00 6197.24 10995.00 10795.00 11285.00 6226.89 11095.00 10835.00 11405.00 6256.54 11215.00 10955.00 11525.00 6345.59 11285.00 11245.00 11565.00 6675.63 11445.00 11285.00 6795.00 11585.00 11325.00 6835.63 11445.00 10715.00 10755.00 10795.00 10915.00 11035.00 Frequency in MHz 11075.00 11215.00 11245.00 11285.00 11405.00 11565.00 END OF EXHIBIT 3. 3 RES.B Page 127 of 181 Exhibit 4 Cost Allocation Model For the first year of PSERN System operation, rates to be paid by each User Agency and Dispatch Center will be computed as provided in this Exhibit 4. The PSERN System annual operating budget and the number of public safety radios, other radios, and consoles will be known quantities at the time the rates are computed. Division of Budget Between Radios and Consoles Percentage of annual budget to be paid with radio user fees = X. Percentage of annual budget to be paid with console user fees = Y. X = [83% of employee - related costs in the PSERN annual operating budget + annual vendor costs for radio - related equipment] / PSERN annual operating budget x 100. Y = [17% of employee - related costs in the PSERN annual operating budget + annual vendor costs for console - related equipment] / PSERN annual operating budget x 100. Public Safety and Other Radio Rates X% of the PSERN System annual operating budget will be paid with public safety radio rates and other radio rates combined. The other radio rate shall be 78% of the public safety radio rate. X% of PSERN annual operating budget = [12 x the monthly public safety radio rate x the number of public safety radios] + [12 x the monthly other radio rate x the number of other radios]. Console Rates Y% of the PSERN System annual operating budget will be paid with console rates. Y% of PSERN annual operating budget = 12 x the monthly console rate x the number of consoles. END OF EXHIBIT 4. RES.B Page 128 of 181 Exhibit 5 List of User Agencies Eligible for Radio Exchanges Auburn School District Bellevue Community College Bellevue School District Cedar River Water and Sewer District City of Algona City of Auburn City of Bellevue City of Black Diamond City of Bothell City of Burien City of Carnation City of Clyde Hill City of Covington City of Des Moines City of Duvall City of Enumclaw City of Federal Way City of Issaquah City of Kenmore City of Kent City of Kirkland City of Lake Forest Park City of Medina City of Mercer Island City of Newcastle City of Pacific City of Redmond City of Renton City of Sammamish City of SeaTac City of Seattle City of Shoreline City of Snoqualmie City of Tukwila City of Woodinville Covington Water District Eastside Fire & Rescue Eastside Hazmat Enumclaw School District Kent School District King County King County Fire District # 2 King County Fire District # 4 King County Fire District #11 King County Fire District #13 King County Fire District #16 King County Fire District #20 King County Fire District #27 King County Fire District #28 King County Fire District #36 King County Fire District #43 King County Fire District #44 King County Fire District #45 King County Fire District #47 King County Fire District #51 King County Public Hospital District # 1 King County Public Hospital District # 2 King County Public Hospital District # 4 King County Water District #20 King County Water District #49 King County Water District #75 Lake Washington School District Midway Sewer District NORCOM Northeast Sammamish Sewer & Water District Northshore School District Northshore Utility District Public Health - Seattle & King County Renton School District Riverview School District Ronald Wastewater District Sammamish Plateau Water & Sewer District Seattle Children's Hospital Snoqualmie Nation Soos Creek Water and Sewer Sound Transit South Correctional Entity South King Fire and Rescue 1 RES.B Page 129 of 181 EPSCA Federal Way Public Schools Harborview Medical Center Highline School District Issaquah School District Kent Fire Authority Seattle Public Schools Veterans Administration Seattle Colleges (formerly Seattle Community College District) Airlift Northwest Emergency Service Patrol Seattle Housing Authority Washington Poison Control Center END OF EXHIBIT 5. Tahoma School District University of Washington Valley Communications Center Valley Regional Fire Authority Valley View Sewer District RES.B Page 130 of 181 Exhibit 6 Contact Information Kinq County: Chief Information Officer King County Department of Information Technology (KCIT) Chinook Building 401 Fifth Avenue Seattle, WA 98104 (206) 263 -7887 City of Auburn: Mayor City of Auburn 25 West Main Street Auburn, WA 98001 (253) 931 -3041 City of Bellevue: Mayor City of Bellevue 450 110th Avenue NE P.O. Box 90012 Bellevue, WA 98009 (425) 452 -7810 City of Federal Way: Mayor City of Federal Way 333258 th Avenue South Federal Way, WA 98003 (253) 835 -7000 City of Issaquah: Mayor City of Issaquah 130 East Sunset Way P.O. Box 1307 Issaquah, WA 98027 (425) 837 -3020 City of Kent: Mayor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856 -5700 END OF EXHIBIT 6. City of Kirkland: Mayor City of Kirkland 1235 th Avenue Kirkland, WA 98033 (425) 587 -3001 City of Mercer Island: Mayor City of Mercer Island 9611 SE 36th Street Mercer Island, WA 98040 (206) 275 -7993 City of Redmond: Mayor City of Redmond 15670 NE 85th Street P.O. Box 97010 Redmond, WA 98073 (425) 556 -2101 City of Renton: Mayor City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430 -6500 City of Seattle: Mayor City of Seattle 7th Floor, 600 Fourth Avenue Seattle, WA 98124 (206) 684 -4000 City of Tukwila: Mayor City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1850 RES.B Page 131 of 181 EXHIBIT "B" PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement (ILA) is entered into pursuant to the Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County and the cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila, each a political subdivision or municipal corporation of the State of Washington (individually, a "Party ") and, (collectively, the "Parties "). RECITALS A. The Parties, under various interlocal agreements, have been responsible for the ownership, operation and maintenance of various elements in the current King County Emergency Radio Communications System (KCERCS), a voice radio system that is nearly twenty years old and is increasingly unsupported by the supplier of the system's equipment, software and related repairs. B. The Parties determined that it is in the public interest that a new public safety radio system be implemented that will provide public safety agencies and other user groups in the region with improved coverage and capacity, and uniformly high - quality emergency radio communications. Said new system is referred to herein as the "Puget Sound Emergency Radio Network System" or "PSERN System." C. The costs of implementing the PSERN System will be financed by a voter approved funding measure. D. The Parties have negotiated a separate agreement ( "Implementation Period ILA ") that designates King County to act as the lead agency for planning, procurement, financing and implementation of the PSERN System with the oversight of a Joint Board established pursuant to the Implementation Period ILA. E. When the Implementation Period ILA has achieved its purpose, the Parties will create a new non - profit entity, formed under Chapter 24.06 RCW, to assume the ownership and control of the PSERN System following Full System Acceptance. This new entity, also referred to in the Implementation Period ILA and herein as the "PSERN Operator', is to be responsible for the ownership, operations, maintenance, management and on -going upgrading /replacing of the PSERN System during its useful life. F. The purpose of this Agreement is to establish the terms under which the Parties will form the new non - profit entity and undertake the ownership, operations, maintenance, management and on -going upgrading /replacing of the PSERN System. Page 1 RES.B Page 132 of 181 NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree to the above Recitals and the following: 1.0 RULES OF CONSTRUCTION AND DEFINITIONS 1.1 Rules of Construction 1.1.1 Unless the context requires otherwise, the singular form of a word shall also mean and include the plural (and vice versa), and the masculine gender shall also mean and include the feminine and neutral gender (and vice versa). 1.1.2 References to statutes or regulations include all current and future statutory or regulatory provisions consolidating, amending or replacing the statute or regulation referred to. 1.1.3 References to sections, exhibits, attachments or appendices to this Agreement and references to articles or sections followed by a number shall be deemed to include all subarticles, subsections, subclauses, subparagraphs and other divisions bearing the same number as a prefix. 1.1.4 The words "including," "includes" and "include" shall be deemed to be followed by the words "without limitation ". 1.1.5 The words "shall" or "will" shall be deemed to require mandatory action. 1.1.6 Words such as "herein," "hereof' and "hereunder' are not limited to the specific provision within which such words appear but shall refer to the entire Agreement taken as a whole. 1.1.7 Words such as "person" or "party" shall be deemed to include individuals, political subdivisions, governmental agencies, associations, firms, companies, corporations, partnerships, and joint ventures. 1.1.8 References to "days" shall mean calendar days unless expressly stated to be "Business Days." If the due date for a task, payment, or any other requirement falls on a Saturday, Sunday or holiday observed by the County, the due date shall be deemed to be the next Business Day. 1.1.9 Words not otherwise defined that have well -known technical industry meanings are used in accordance with such recognized meanings. 1.1.10 The headings and captions inserted into this Agreement are for convenience of reference only and in no way define, limit, or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement. Page 2 RES.B Page 133 of 181 1.1.11 This Agreement was negotiated and prepared by the Parties and their respective attorneys. The Parties acknowledge and agree that the rule of construction that an ambiguous contract should be construed against the drafter shall not be applied in any construction or interpretation of this Agreement. I WtIIIIIIIIIIIIIIIIIIIIII 00 iti1[iC 111 Words and terms shall be given their ordinary and usual meanings except that the following terms are defined for this Agreement as follows: "Board of Directors" or "Board" means the board formed by the Parties to govern the PSERN Operator. "AGREEMENT " means this Interlocal Cooperation Agreement. "BUDGET" means the budget approved by the Board of Directors to pay for the anticipated costs of operating and maintaining the PSERN System. "CONSOLIDATED SERVICE AREA" means those geographic areas of King County, Pierce County and Snohomish County, Washington, previously served by the emergency radio networks of King County, the City of Seattle, the Eastside Public Safety Communications Agency (EPSCA) and the Valley Communications Agency (ValleyCom), and which areas are to be prospectively served by the PSERN System. The Consolidated Service Area shall also include those other geographic areas that are added to the area served by the PSERN System as expanded in accordance with action of the Board of Directors. "COUNTY " means King County, Washington. "EXECUTIVE DIRECTOR " means the individual selected by the Board of Directors to administer the PSERN Operator on a daily basis. "FULL SYSTEM ACCEPTANCE " or "FSA" means the determination issued to the PSERN System Contractor upon satisfactorily completing the final system development phase milestone pursuant to Contract No. [Contract Reference Number to be included here] "KCERS" means the King County Emergency Radio Communication System. "OPERATIONS PERIOD" means the period that commences with the first full month after FSA and continuing through the life of the PSERN System. "PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR " or " PSERN Operator" means the non - profit corporation created pursuant to this Agreement Page 3 RES.B Page 134 of 181 and the Implementation Period ILA to be incorporated in Washington State for the purpose of owning, operating, maintaining, managing and ongoing upgrading /replacing of the PSERN System during the Operations Period. "PUGET SOUND EMERGENCY RADIO NETWORK SYSTEM" or " PSERN System" means the land mobile radio system constructed under the Implementation Period ILA. It also means all equipment, software, and other work deployed to provide public safety communication service(s) or an addition to an existing infrastructure to provide new or additional public safety communication service(s). "System" means an infrastructure that is deployed to provide public safety communication service(s) or an addition to an existing infrastructure to provide new or additional public safety communication service(s). "SERVICE RATE" means the rate or rates charged to User Agencies in accordance with the Rate Model appended hereto, or as it may be amended by action of the Board of Directors. "SERVICES" means voice, data, video, or other services communication provided to User Agencies. "USER AGENCY " means an entity that is authorized under a User Agency Agreement to use the PSERN System. "USER AGENCY AGREEMENT" means an agreement executed between the County or the PSERN Operator, as appropriate, and a User Agency establishing the terms under which a User Agency is allowed to access and use the PSERN System. 2.0 DURATION OF AGREEMENT 2.1 Effective Date and Conditions Except as provided herein, this Agreement shall be in effect on the date it is last signed by an authorized representative of each the Parties, and shall remain in effect until terminated as provided in Section 7. However, Sections 4, 5, and 6 of this Agreement shall not be effective until the date the articles of incorporation for the PSERN Operator are filed with the Washington Secretary of State pursuant to Chapter 24.06 RCW. 3.0 PURPOSE OF THE AGREEMENT Following completion of the Implementation Period ILA and Full System Acceptance, the purpose of this Agreement is to provide communication services to public safety users and any other agencies permitted to be licensed in the 800 MHz Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within the boundaries of the Consolidated Service Area. To effectuate this purpose, the Parties authorize Page 4 RES.B Page 135 of 181 establishment of a non - profit entity pursuant to Chapter 24.06 RCW, which entity shall be known as the PSERN Operator, initially consisting of King County, and the cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle and Tukwila. 4.0 BOARD OF DIRECTORS 4.1 Creation of Board of Directors The affairs of the PSERN Operator shall be governed by a Board of Directors that is hereby created pursuant to RCW 39.34.030(4) that shall act on behalf of all Parties and as may be in the best interests of PSERN. The Board of Directors is not a separate legal or administrative entity within the meaning of RCW 39.34.030(3). 4.2 Composition of the Board of Directors The Board of Directors shall be composed of four voting members: one member from King County, one member from the City of Seattle, one member representing the cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, and one member representing the cities of Auburn, Federal Way, Kent, Renton and Tukwila. Each such member shall be the Chief Executive Officer of the political subdivision or municipal corporation from which the representative comes, or his /her designee. The Board of Directors Chair shall be elected from among its members. The Board of Directors shall also elect a Vice Chair from among its members to serve in the absence of the Chair. Each of the Parties shall provide written notice of their initial Board of Directors member to the Chair of the Joint Board established under the Implementation Period ILA. Thereafter, notice of a change to a Party's Board of Directors member shall be effective upon delivery of written notice by the Party to the Chair of the Board of Directors. 4.2.1 The Board of Directors shall also include two nonvoting members to comment and participate in discussion but who are not entitled to vote on any matter and who are selected by the voting members: one member from the law enforcement public safety profession and one member from the fire or emergency medical services public safety profession. Each such member shall be the Chief or his /her designee. These members shall not be employees of one of the Parties. 4.3 Quorum and Meeting Procedures 4.3.1 A quorum for a meeting of the Board of Directors shall be a majority of the Board members who have voting authority. Action by the Board of Directors shall require the affirmative vote of at least three Board members. 4.3.2 Any Board of Directors member who has voting authority may request that a vote on a measure be deferred until the next meeting. The measure shall then be deferred for one meeting unless the other three members find either that there is an emergency requiring that the vote be taken at the originally scheduled meeting or that a delay would likely result in harm to the public, Users, or the Page 5 RES.B Page 136 of 181 PSERN Operator. A vote on the same measure shall not be deferred a second time without the concurrence of the majority of the Board of Directors. 4.2.2 The Board of Directors shall establish by -laws and procedures for its operations and meetings including the establishing of a regular meeting schedule and location and providing for the scheduling of special and emergency meetings. 4.2.3 The Board of Directors shall take actions by vote and each voting Board member shall be entitled to one vote. All votes shall have equal weight in the decision - making process. 4.2.4 Board members must be present at a meeting to vote and may not vote by proxy, provided that if approved by the Board, a member may participate in Board meetings and may vote on Board issues via telephone or other electronic voice communication. 4.2.5 Monthly meetings of the Board of Directors shall be scheduled provided that there shall be a minimum of two (2) meetings held each year. Other meetings may be held upon request of the Chair or any two members. 4.2.6 The Board of Directors shall comply with applicable requirements of the Washington State Open Public Meetings Act (Chapter 42.30 RCW). 4.2.7 A designee attending Board of Directors meetings on behalf of a regular member of the Board shall be entitled to exercise all rights of the member to participate in such meetings, including participating in discussion, making motions, and voting on matters coming before the Board. 4.3 Board of Directors Actions 4.3.1 The Board of Directors shall oversee the operation and maintenance of the PSERN Operator. In furtherance of that oversight, the Parties confer upon the Board of Directors the broadest power and authority provided to King County and each member city consistent with the Washington Constitution to achieve the purpose of this Agreement. Any specific enumeration of municipal power contained in this Agreement or in any other applicable general law shall not be construed in any way to limit the general description of power contained in this Agreement, and any specifically enumerated powers shall be construed as in addition and supplementary to the powers conferred in general terms through this Agreement. All grants of municipal power to the municipalities electing to exercise authority under the provisions of this Agreement, whether the grant is in specific terms or in general terms, shall be liberally construed in favor of the grant of powers given by the municipalities that are Parties to this Agreement. By way of example, some of those powers include: Page 6 RES.B Page 137 of 181 a. Amend this Agreement, subject to Section 11.10; b. Establish committees and advisory groups to perform activities related to the PSERN System; c. Adopt and amend budgets and approve expenditures. d. Adopt and amend policies and bylaws for the administration and regulation of the PSERN Operator; e. Approve contracts within the parameters of the established purchasing and contracting policies; f. Direct and supervise the activities of the Operating Board and the Executive Director; g. Hire, set the compensation for, and terminate the employment of the Executive Director. The Board shall evaluate the Executive Director's performance and give the Executive Director a written evaluation of his or her performance at least annually; h. Establish a fund or special fund or funds as authorized by RCW 39.34.030; i. Establish Services Rates and terms of use for User Agencies; j. Conduct regular and special meetings; k. Approve PSERN operation and maintenance standards; I. Determine the services the PSERN Operator shall offer and the terms under which they will be offered; m. Approve agreements with third parties; n. Incur debt in the name of the PSERN Operator to make purchases or contracts for services to implement the purposes of this Agreement; o. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the PSERN Operator; p. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all of its property and assets; Page 7 RES.B Page 138 of 181 q. Sue and be sued, complain and defend, in all court of competent jurisdiction; r. Hold licenses for radio frequencies; s. Recommend action to the legislative bodies of the Parties and User Agencies; t. Delegate the Board of Directors' authority under this Agreement subject to such limitations and conditions as the Board of Directors may establish. u. Enter into agreements with other agencies to accomplish tasks for the PSERN Operator such as agreements regarding procurement, employee benefits, and property leasing; v. Exercise any powers necessary to further the goals and purposes of this Agreement that are consistent with the powers of the Parties; and 5.0 OPERATING BOARD Creation of Operating Board An Operating Board of radio users will be created by the Board of Directors for the purposes of providing advice and other duties as deemed appropriate by the Board of Directors. 6.0 EXECUTIVE DIRECTOR The Executive Director shall report to the Board of Directors and shall advise it from time to time on matters related to the operation and functions of the PSERN System and the PSERN Operator, including proposed budgets, financial and liability issues, and other appropriate matters related to the PSERN System and the PSERN Operator. The Director may also request assistance from the Operating Board to address tasks calling for technical and user - related expertise. 6.1 Executive Director Duties 6.1.1 The Executive Director shall: a. Schedule and manage the PSERN Operator's day -to -day activities in consistent with the policies, procedures, and standards adopted by the Board of Directors; Page 8 RES.B Page 139 of 181 b. Hire, evaluate at least annually, and terminate staff in compliance with the PSERN Operator's budget; c. Propose and administer Annual Budgets including its contingency; d. Approve expenditures and sign contracts in amounts up to $100,000 that are included in the budget without additional approval of the Board of Directors; e. Track the performance of PSERN systems and services; f. Provide support to the Board of Directors; g. Recommend policies, procedures, and standards, including changes to these policies, procedures, and standards; h. Provide written monthly reports to the Board of Directors describing the PSERN Operator's budget status, system performance against targets, partial or full system outages, purchases equal to or greater than $10,000, and usage statistics; i. Maintain and manage records in accordance with the state Public Records Act (Ch. 42.56 RCW) and other applicable state and federal laws and regulations; and j. Perform other duties as assigned. 6.2 Qualifications and Status of the Executive Director The Executive Director shall have experience in the technical, financial and administrative fields of public safety radio and his or her appointment shall be on the basis of merit only. The Executive Director is an "at will" position that may not be modified by any PSERN Agency policy, rule, or regulation regarding discipline or termination of PSERN Agency employees, and accordingly, the Executive Director may be terminated from his or her position upon majority vote of the Board of Directors. 7.0 WITHDRAWAL AND REMOVAL 7.1 Withdrawal of a Party. 7.1.1 In the event that a Party desires to withdraw from this Agreement, it shall give written notice to the Board before January 1st of the year prior to the year the withdrawal will be effective. The Party's withdrawal shall become effective on Page 9 RES.B Page 140 of 181 the last day of the year following delivery and service of appropriate notice to all other Parties. 7.1.2 A Party that withdraws shall remain responsible for any obligations that arose prior to the effective date of the withdrawal and for any that are specified under Section [Section reference to be inserted.] as surviving a withdrawal. A withdrawing Party shall be solely liable for any actual costs to the other Parties arising out of or resulting from the withdrawal. Any such costs or other amounts owed under this Agreement by a withdrawing Party shall be paid prior to the effective date of the withdrawal or, if such amounts are not then established, then within thirty (30) days after the amount is established. 7.1.3 If Party withdraws from this Agreement, the withdrawing Party will forfeit any and all rights it may have to PSERN System real or personal property, or any rights to participate in the PSERN Operator, unless otherwise provided by the Board of Directors. 7.2 Removal of a Party. The Board of Directors may, for cause, remove a Party from this Agreement and terminate the Party's rights to participate in PSERN. Cause may include, but is not limited to, failure to act in good faith in participating in the Board of Directors and willful, arbitrary failure to approve and appropriate funds necessary to pay the Party's share of the costs under this Agreement. 8.0 DISSOLUTION AND TERMINATION Three (3) or more Parties may, at any one time, by written notice provided to all Parties, call for a complete dissolution of the PSERN Operator and termination of this Agreement. Upon an affirmative majority vote by the Board of Directors and an affirmative majority vote of the legislative bodies of each of the Parties for such dissolution and termination, the Board of Directors shall establish a task force to determine how the PSERN System assets, liabilities and properties will be divided upon dissolution. Final approval of the disposition of the PSERN System assets shall require an affirmative majority vote by the Board of Directors. Upon an affirmative majority vote by the Board of Directors and upon an affirmative majority vote of the legislative bodies of each of the Parties, the PSERN Operator shall be directed to wind up business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to dissolve and terminate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. 9.0 LEGAL RELATIONS 9.1 Employees and No Third Party Beneficiaries Page 10 RES.B Page 141 of 181 9.1.2 Nothing in this Agreement shall make any employee of one Party an employee of another party for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded by virtue of their employment. No Party assumes any responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of any other Party's employees. No employees or agents of one Party shall be deemed, or represent themselves to be, employees of another Party. 9.1.3 It is understood and agreed that this Agreement is solely for the benefit of the Parties and gives no right to any other person or entity. �IIPMITCa'ililiMTMe , Each Party to this Agreement shall protect, defend, indemnify, and save harmless the other Parties and their respective officials and employees, from any and all Claims, arising out of, or in any way resulting from, the indemnifying Party's negligent acts or omissions arising out of this Agreement. No Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of another Party. Where such claims, suits, or actions result from concurrent negligence of two or more Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. Each of the Parties agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to each of the other Parties only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. Any loss or liability resulting from the negligent acts, errors, or omissions of the Board of Directors, Operating Board, Executive Director and /or staff, while acting within the scope of their authority under this Agreement, shall be borne by the PSERN Operator exclusively. The provisions of this Section shall survive the termination, expiration or withdrawal from of this Agreement. 10.0 PUBLIC RECORDS 10.1 Records Keeping Responsibilities. 10.1.1 The Executive Director shall keep records related to the PSERN System and PSERN Operator as required by state law and in accordance with the policies, procedures and retention schedules as may be established by the Administrative Board. 10.1.2 Each Party shall keep records related to the PSERN System and PSERN Operator as required by state law and in accordance with such the policies, procedures and retention schedules as may be established by the Party, and each Party shall be responsible for responding to public disclosure requests Page 11 RES.B Page 142 of 181 addressed to it in accordance with the Washington Public Records Act, Chapter 42.56 RCW, and such procedures as may be established by the Party. 10.1.3 The Executive Director shall be responsible for responding to public disclosure requests addressed to the PSERN Operator in accordance with the Washington Public Records Act, Chapter 42.56 RCW, and such procedures as may be established by the Administration Board. 10.1.4 If a Party or the PSERN Operator or the Executive Director receives a public records request for records related to the PSERN System or the PSERN Operator, the recipient of that request shall promptly notify the other parties to this Agreement, Chair of the Administration Board and the Executive Director. 10.1.5 Absent agreement by the Parties or other arrangements, the recipient of that request shall remain responsible for responding to the requester. In the event a request for records is addressed to the PSERN Operator, the Executive Director or the Board of Directors but specifies records of a single Party, such Party shall assume responsibility for responding to the request. In the event a request for records is addressed to the Board of Directors but does not specify records of a single Party, PSERN shall assume responsibility for coordinating the Parties' response to the request. 11.0 GENERAL 11.1 Filing of Agreement Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with the King County Recorder's Office or, alternatively, listed by subject on a Party's web site or other electronically retrievable public source. 11.2 Time of the Essence The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. 11.3 Specific Performance In the event a Party fails to perform an obligation under this Agreement, the other Parties or any one of them shall have the right to bring an action for specific performance, damages and any other remedies available under this Agreement, at law or in equity. 11.4 No Waiver No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party or Parties Page 12 RES.B Page 143 of 181 claimed to have waived or consented. Waiver of any default of this Agreement shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach. Waiver of such default and waiver of such breach shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval of all Parties. 11.5 Parties Not Relieved of Statutory Obligation Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by the Board of Directors, the performance may be offered in satisfaction of the obligation or responsibility. 11.6 Nondiscrimination The Parties shall comply with the nondiscrimination requirements of applicable federal, state and local statutes and regulations. 11.7 No Assignment No Party shall transfer or assign a portion or all of its responsibilities or rights under this Agreement, except with the prior authorization of the Administration Board. 11.8 Dispute Resolution If one or more Parties believe another Party has failed to comply with the terms of this Agreement, the affected Parties shall attempt to resolve the matter informally. If the Parties are unable to resolve the matter informally, any Party may submit the matter to mediation. In any event, if the matter is not resolved, then any Party shall be entitled to pursue any legal remedy available. 11.9 Entire Agreement The Parties agree that this Agreement, including any attached exhibits, constitutes a single, integrated, written contract expressing the entire understanding and agreement between the Parties. No other agreement, written or oral, expressed or implied, exists between the Parties with respect to the subject matter of this Agreement, and the Parties declare and represent that no promise, inducement, or other agreement not expressly contained in this Agreement has been made conferring any benefit upon them. 11.10 Amendment Only In Writing This Agreement may be amended by an affirmative majority vote the Board of Directors and unanimity of the Parties. Page 13 RES.B Page 144 of 181 11.11 Notices 11.11.1 Any notice under this Agreement shall be in writing and shall be addressed to the Parties' as listed below. Any notice may be given by certified mail, overnight delivery, or personal delivery. Notice is deemed given when delivered. Email, acknowledgement requested, may be used for notice that does not allege a breach or dispute under this Agreement. Email notice is deemed given when the recipient acknowledges receipt. 11.11.2 The names and contact information set forth in this Agreement shall apply until amended in writing by a Party providing new contact information to each other Party and the date the amendment is effective. 11.12 Conflicts In the event that any conflict exists between this Agreement and any exhibits hereto, the Agreement shall control. 11.13 Choice of Law; Venue This Agreement and any rights, remedies, and /or obligations provided for in this Agreement shall be governed, construed, and enforced in accordance with the substantive and procedural laws of the State of Washington. The Parties agree that the Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 11.14 Severability The provisions of this Agreement are severable. If any portion, provision, or part of this Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of this Agreement and the remaining provisions shall remain in full force and effect. 11.15 Survival Provisions The following provisions shall survive and remain applicable to each of the Parties notwithstanding any termination or expiration of this Agreement and notwithstanding a Party's withdrawal or removal from this Agreement. Section 8 Legal Relations Section 10 Public Records Section 11.13 Choice of Law; Venue 11.16 Counterparts Page 14 RES.B Page 145 of 181 This Agreement shall be executed in counterparts, any one of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. 11.17 Execution and Effective Date. This Agreement shall be executed on behalf of each Party by its duly authorized representative, pursuant to an appropriate motion, resolution, or ordinance of such Party. IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names and indicated the date of signing in the spaces provided below. KING COUNTY Name Title Date Attest: Clerk Approved as to Form: Deputy Prosecuting Attorney CITY OF BELLEVUE Name Title Date Attest: City Clerk Page 15 RES.B CITY OF AUBURN Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney CITY OF FEDERAL WAY Name Title_ Date Attest: City Clerk Page 146 of 181 Approved as to Form: City Attorney CITY OF ISSAQUAH Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF KIRKLAND Name Title Date Attest: City Clerk Approved as to Form: City Attorney Page 16 RES.B Approved as to Form: City Attorney CITY OF KENT Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney CITY OF MERCER ISLAND Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney Page 147 of 181 CITY OF REDMOND Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF SEATTLE Name Title Date Attest: City Clerk Approved as to Form: City Attorney Page 17 RES.B CITY OF RENTON Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney CITY OF TUKWILA Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney Page 148 of 181 'Alu,BURN VVAS I � I N G "i'(') N' AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 5112 November 25, 2014 Department: Attachments: Budget Impact: City Attorney Resclubai No. 5112 $0 Administrative Recommendation: City Council adopt Resolution No. 5112. Background Summary: The current provisions of the Council of its Rules of Procedure reflects that the deputy mayor shall be selected by the City Council annually, or more often as deemed appropriate by the City Council. Annual selection of the deputy mayor is consistent with the past practice of the City Council and would be in conformity with the requirements of state law (RCW 35A.12.065). It was suggested, however, that a process be added to the Rules of Procedure to address how the selection /election of the Deputy Mayor shall occur. A process was proposed and approved /recommended by the Council Operations Committee along the following lines: ELECTION OF DEPUTY MAYOR The Auburn City Code and State law provide for periodic election of deputy mayor (or Mayor pro tem). Any member of the City Council may be nominated for the position of Deputy Mayor by having that Councilmember's name placed in nomination by a Councilmember. [The nomination of a councilmember for this position does not require a second, and a councilmember may nominate him or herself.] The Councilmember receiving a majority of the votes cast by the members of the City Council shall be elected Deputy Mayor. A Councilmember may vote for him or herself. The names of all nominees for the position of Deputy Mayor shall be included in the vote. RES.0 AUBURN * MORE THAN YOU IMAGINED Page 149 of 181 If no single Councilmember received a majority of the votes cast, a second vote /ballot, between the two nominees who received the largest number of votes, would be needed. In the second vote /ballot, whichever of these two nominees received the larger number of votes would be elected to the position of Deputy Mayor. It may be that if there were a larger number of nominees in the initial election, there would not be (only) two councilmembers who received the largest number of votes. For instance, if one nominee received three votes a second nominee received two votes and a third nominee also received two votes, it might be appropriate to have an initial run off between the second and the third nominees to determine who would be included in the final runoff against the first nominee. The Council Operations Committee recommended that the agenda bill also include a time -table for selection of the Deputy Mayor, as follows: The Council Rules of Procedure (Res. 5112) would be before the City Council on December 1, 2014, the selection /election of the Deputy Mayor could be on the December 1 or December 15, 2014 Council Meeting and the first Study Session (over which the Deputy Mayor shall preside) shall be on January 12, 2015. Reviewed by Council Committees: Council Operations Committee Councilmember: Wagner Staff: Heid Meeting Date: December 1, 2014 Item Number: RES.0 RES.0 AUBURN * MORE THAN YOU IMAGINED Page 150 of 181 RESOLUTION NO. 5 1 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL RULES OF PROCEDURE AS ADOPTED BY ORDINANCE NO. 5802 AND AMENDED BY RESOLUTION NOS. 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909 and 5105 WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance No. 5802 approving the Rules of Procedure of the City Council; and WHEREAS, Ordinance No. 5802 also provided that future amendments or modifications to the Council Rules of Procedure could be accomplished by Resolution properly introduced and passed by the City Council; and WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6, 2010, February 22, 2011, August 15, 2011, May 21, 2012, and February 19, 2013, the City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909 and 5105, respectively, which Resolutions adopted certain modifications to the Council Rules of Procedure; and WHEREAS, in connection with the selection of the Deputy Mayor for the City of Auburn, the Council Operations Committee has recommended additional modifications to the Rules of Procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Rules of Procedure of the City Council, as adopted by Ordinance No. 5802 on February 2, 2004, amended by Resolution No. 4282 on December 12, 2007, Resolution No. 4429 on December 15, 2008, Resolution No. 4467 Resolution No. 5112 November 24, 2014 Page 1 of 2 RES.0 Page 151 of 181 on April 6, 2009, Resolution No. 4615 on July 6, 2010, Resolution No. 4686 on February 22, 2011, Resolution No. 4740 on August 15, 2011, Resolution No. 4813 on May 21, 2012, Resolution No. 4909 on February 19, 2013, and Resolution No. 5105 on November 3, 2014, are hereby amended as set forth in Exhibit "A ", attached hereto and incorporated herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out-the directives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signature hereon, and on January 1, 2015. DATED and SIGNED this day of , 2014. ATTEST: Danielle E. Daskam, City Clerk jorney ------------------------------- Resolution No. 5112 November 24, 2014 Page 2 of 2 RES.0 CITY OF AUBURN NANCY BACKUS, MAYOR Page 152 of 181 Exhibit A— Resolution No. 5112 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 1 SECTION 2 COUNCIL MEETINGS 1 SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 10 SECTION 5 PRESIDING OFFICER - DUTIES 11 SECTION 6 COUNCILMEMBERS 12 SECTION 7 DEBATES 13 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 14 SECTION 9 VOTING 16 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 17 SECTION 11 PUBLIC HEARINGS AND APPEALS 17 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 18 SECTION 13 COUNCIL POSITION VACANCY 204-9 SECTION 14 COUNCIL MEETING STAFFING 204-9 SECTION 15 COUNCIL RELATIONS WITH STAFF 204-9 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 212-0 SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 2427 SECTION 18 TRAVEL AUTHORIZATION 2739 SECTION 19 CONFIDENTIALITY 2834 - SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 2834 RULES OF PROCEDURE OF THE CITY_ COUNCIL OF THE CITY OF AUBURN, WASHINGTON SECTION 1 - AUTHORITY The Auburn City Council hereby establishes the following rules for the conduct of Council meetings, proceedings and business. These rules shall be in effect upon adoption by resolution of Council and until such time as they are amended or new rules are adopted in the manner provided by these rules. SECTION 2 - COUNCIL MEETINGS All meetings of the City Council shall be open to the public and all persons shall be permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30. RP9V Page 153 of 181 Exhibit A — Resolution No. 5112 The City Clerk shall be responsible for preparing agendas for all City Council meetings pursuant to the authority of Section 2.03.100 of the City Code'. The City Clerk shall cause to be prepared action minutes of all of the Council meetings, which minutes shall contain an account of all official actions of the Council. Council meetings shall be electronically recorded and retained for the period of time as provided by State law. 2.1 Regular Meetings - In accordance with Sections 2.06.010(A) and 2.06.020 of the City Code, the regular meetings of the City Council shall held on the first and third Mondays of every month in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington. The regular meeting location may be changed by a majority vote of the City Council. Regular Council meetings will begin at the hour of 7:00 p.m. A quorum shall constitute four or more Councilmembers for the transaction of business. In the event that a scheduled Regular Council meeting falls on a legal holiday, the meeting shall be held at 7:00 p.m. on the first business day following the holiday. The Presiding Officer shall be as set forth in Section 5.1 herein. The Presiding Officer shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the Presiding Officer's immediate left. When the Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the Deputy Mayor shall be seated in the center of the dais. The seating arrangement for the other members of the Council shall be as directed by the City Council pursuant to a motion duly made and seconded and approved by a majority of the City Council, following the recommendation of an ad hoc committee of three Councilmembers called for that purpose. ' 2.03.100 Meeting coordination duties. The mayor or the mayor's designee shall be responsible for the preparation_ of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues forwarded by the city council and/or or by the ad hoc committees designated to act on behalf of the city council, and for including in those agendas the items and issues proposed by the mayor and city administration, for consideration by the council. The mayor or the mayor's designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times far public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.) RL9.C2 Page 154 of 181 Exhibit A — Resolution No. 5112 [See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord. 3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC 2.06.080 (1957 code § 1.04.090).] 2.2 Study Sessions - In accordance with Sections 2.06.010(B) and 2.06.020 of the City Code, Study Sessions of the City Council shall held on the second, fourth and fifth Mondays of every month in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington. The regular meeting location may be changed by a majority vote of the City Council. The Deputy Mayor shall preside over Study Sessions. Study Sessions will begin at the hour of 5:30 p..m. A quorum shall constitute four or more Councilmembers for the transaction of business. In the event that a scheduled Study Session falls on a legal holiday, the meeting shall be held at 5:30 p.m. on the first business day following the holiday. No particular seating arrangement shall be required for the Deputy Mayor or other members of the Council, or for the Mayor or any other persons invited to sit at the table of Study Sessions. 2.3 Regular Meeting Times:2 The regularly scheduled meetings of the City Council shall be held at the following times, unless re- scheduled and/or reset to different times: 1. First Monday of the month - Regular Council Meeting - - 7:00 PM 2. Second Monday of the month - Council Study Session - - 5:30 PM 3. Third Monday of the month - Regular Council Meeting - - 7:00 PM. 4. Fourth Monday of the month - Council Study Session - - 5:30 PM 5. Fifth Monday of the month - Council Study Session - - 5:30 PM. 2.4 Special Meetings - In accordance with Section 2..06.040 of the City Code and Section 35A.12.110 RCW, a special meeting of the City Council may be called by the Mayor or any three members of the Council by written notice delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting; provided, however, that no ordinance or resolution shall be 2 Any of these regularly scheduled meetings may be cancelled if not needed. RMC3 Page 155 of 181 Exhibit A — Resolution No. 5112 passed, or contract let or entered into, or bill for the payment of money allowed, at any special meeting unless public notice of such meeting has been given by such notice to the local press, radio and television as will be reasonably calculated to inform the city's inhabitants of the meeting. [See ACC 2.06.040 (1957 code § 1.04.070).] 2.5 Emergency Meetings - Emergency meetings may be called by the Mayor, in accordance with Section 42.30.070 RCW, when by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by the City Council to meet the emergency, in which case, the meeting site notice requirements otherwise applicable shall not apply. 2..6 Executive Sessions - A Council meeting that is closed except to the Council, the Mayor, City Attorney and authorized staff members and/or consultants authorized by the Mayor. The public is restricted from attendance. Executive sessions may be held during Regular and Special meetings of the City Council, and will be announced by the Presiding Officer. Executive session subjects are limited to considering such matters as permitted by State law. [See former ACC 2.06.070 (1957 code § 1.04.080).] 2.7 Cancellation of Meetings - Meetings may be canceled by a majority vote of the Council and proper notice given by the City Clerk. SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA All items to be included on the Council's agenda for consideration should be submitted to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council meeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or his/her designee. A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting. In connection with the action of the City Council at Regular Council Meetings, certain items of business shall be subject to First and Second Readings prior to final approval by the City Council. 3.1 The protocol for First and Second Readings shall be as follows: A. First and second readings apply to Ordinances only. B. Resolutions /consent items /contract awards, etc. would still be acted on at only one Regular Council Meeting. RL9.0 Page 156 of 181 Exhibit A— Resolution N.P. 5112 C. Ordinance action, especially those resulting in changes to City codes – to which First and Second Readings would apply – may take more consideration and discussion than other types of action. D. First and Second Readings would be beneficial to a transparent public process. E. First Reading — discussion only at one Regular Council Meeting. F. Second Reading — action at the next Regular Council Meeting or could be a future subsequent Council meeting depending on Council's discussion and any needed staff follow -up. G. Provides Council with opportunity to ask questions and get information at First Reading. 3.2 The agenda format of the Regular City Council meeting shall be as follows: A. Call to order. The Presiding Officer shall call the meeting to order. B. Pledge of Allegiance. The Presiding Officer, Councilmembers and, at times, invited guests will lead the Pledge of Allegiance. C. Roll call. The City Clerk will call the roll. Councilmembers may request to be excused from a meeting by requesting the same of the Mayor in advance of the meeting. The reason for the request shall be given at the time of the request. D. Announcements, Proclamations and Presentations A proclamation is defined as an official announcement made by the Presiding Officer or the City Council regarding a non - controversial event, activity or special interest group which has a major city -wide impact. E. Appointments RLS0 Page 157 of 181 Exhibit A — Resolution No. 5112 Appointing individuals to various committees, boards and commissions. Confirmation of appointments, where confirmation is called for, may be preceded by discussion in executive session, where appropriate. F. Agenda modifications Changes to the Council's published agenda are announced at this time. G. Public Hearings and Appeals Individuals may comment on public hearing and appeal items, provided that when an appeal is a closed record appeal, the matter shall be considered based on information, evidence and documents in the record. Argument on the appeal shall refer only to matters, information, documents and evidence presented at the underlying hearing from which the appeal is taken, and no new information, evidence or documents may be added, and argument on the appeal may only deal with information, evidence and documents in the record. The Presiding Officer will state the public hearing and/or appeal procedures before each hearing. H. Audience Participation Members of the audience may comment on items relating to any matter related to City business under the Audience Participation period. Comments are limited to three (3) he per person, and a total of fifteen (15) minutes per topic. Groups who have a designated speaker may have a total of ten (10) minutes to speak. Public comments sign -up forms will be available at the City Clerk's desk at each meeting for use of those citizens wishing to address the Council. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the Presiding Officer. Citizens may also speak on individual agenda items on the printed agenda at the time they are considered by the Council as requested by the Presiding Officer. Correspondence J Council Ad Hoc Committee Reports Council ad hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendations to the City Council, if any. R11199C6 Page 158 of 181 Exhibit A — Resolution No. 5112 K. Consent Agenda Approval of the Consent Agenda, including items considered to be routine and non - controversial, may be approved by one motion. Items on the Consent Agenda include but are not limited to the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. Approval of minutes. 2. Fixing dates for public hearings and appeals. 3. Approval of claims and vouchers, bid awards and contracts. 4. Approval of surplus property. 5. Other items designated by the City Council. L. Unfinished Business Unfinished business of a general nature and that it was removed from Consent Agenda for separate discussion and action. M. New Business Business, other than ordinances and resolutions, that has not been previously before the City Council. N. Ordinances All ordinances shall be in writing, and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their adoption, provided that any councilmember may upon request, have a full reading of the text of a proposed ordinance prior to the vote on its adoption. It shall not require a second to the request for a full reading of an ordinance. It is further provided, however, that the requirement for a reading of the title of the proposed ordinance, or a full reading of the text of the proposed ordinance may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at the council meeting. 2. First & Second Reading RLERC7 Page 159 of 181 Exhibit A — Resolution No. 5112 Prior to the vote on a motion to adopt or otherwise address an Ordinance, each Ordinance shall be submitted to the City Council for its consideration at a First and Second Reading, as follows: a. First Reading. The First Reading of an Ordinance shall take place at a Regular City Council Meeting. 1. The Ordinance shall be included on the Meeting Agenda under Ordinances a_ nd shall include the indication of "First Reading." 2. The Ordinance shall be read by the City Attorney, in accordance with Section 3.2, Paragraph M, of these Rules.. 3. The Ordinance shall be placed before the City Council by a motion to adopt or approve the Ordinance, which motion shall be seconded. a) After the motion is seconded, Councilmembers may discuss the merits of or issues related to the Ordinance. b) If there is no second to the motion, the motion dies. c) Discussion on the motion shall be in accordance with Section 7 of these Rules. d) There shall be no vote on the motion until after the Second Reading, unless the Second Reading is waived as provided for below. b. Waiver of Second Reading. The City Council may choose to waive the Second Reading of an Ordinance if it feels the need for expedience in adopting or acting on the Ordinance. 1. Waiver of Second Reading shall be made by a motion to waive the Second Reading, duly seconded and approved by a super - majority [a majority plus one] of Councilmembers present. 2. If the Second Reading is waived, the City Council may approve or act on the Ordinance at the point in the agenda following the approval of the motion to waive Second Reading. c. Second Reading. The Second Reading of an Ordinance shall take place at the Regular City Council Meeting next following the date of the Regular City Council Meeting of the First Reading of the Ordinance. ReWC8 Page 160 of 181 Exhibit A — Resolution No. 5112 2. The Ordinance shall be included on the Meeting Agenda under Ordinances and shall include the indication of "Second Reading." 3. The Ordinance shall be read by the City Attorney, in accordance with Section 3.2, Paragraph M, of these Rules. 4. No new motion is necessary to place the Ordinance before the City Council if a motion to adopt or approve the Ordinance was duly made and seconded on the date of the meeting of the First Reading. Councilmembers may discuss the merits of or issues related to the Ordinance. a) Discussion on the motion shall be in accordance with Section 7 of these Rules. b) Following discussion on the motion, the City Council may vote on the motion or take such other action as is appropriate under these Rules of Procedure or other Appropriate rules of parliamentary procedure. After a motion to adopt an ordinance has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the ordinance, without simply repeating the ordinance title as read by the City Attorney and may choose to comment on any results of Council discussion or action regarding the issue. Discussion and debate by the City Council on ordinances will be held prior to the vote on an ordinance. Councilmembers shall decide whether or not to amend the ordinance, or direct staff to further review the proposed ordinance. An ordinance shall be adopted by a majority vote of a quorum of the City Council, provided that adoption of any ordinance that grants or revokes a franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council, and provided that public emergency ordinances require a vote of a majority plus one of the whole Council membership. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace. O. Resolutions All resolutions shall be in writing, and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their passage, provided RLPSM9 Page 161 of 181 Exhibit A — Resolution No. 5112 that any councilmember may upon request, have a full reading of the text of a proposed resolution prior to the vote on its passage. It shall not require a second to the request for a full reading of a resolution. It is further provided, however, that the requirement for a reading of the title of the proposed resolution, or a full reading of the text of the proposed resolution may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at the council meeting. After a motion to pass a resolution has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the resolution without simply repeating the resolution title as read by the City Attorney, and the council_member may choose to comment on any results of Council discussion or action regarding the issue. Discussion and debate by the City Council on resolutions will be held prior to the vote on a resolution. Councilmembers shall decide whether or not to amend the resolution, or direct staff to further review the proposed resolution. A resolution shall be passed by a majority vote of a quorum of the Council, Provided that passage of any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the Council. P. Mayor and Councilmember Reports The Mayor and Councilmembers may report on their significant City - related activities since the last regular meeting. The Mayor and Councilmembers shall limit their reports to not more than three (3) minutes, with sensitivity to avoiding duplicate reporting. Q. Adjournment 3.3. Recess - The foregoing agenda may be interrupted for a stated time as called by the Presiding Officer to recess for any reason, including executive sessions. [See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120 (1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2., 2002; 1957 code § 1.04.200).] SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS RMC10 Page 162 of 181 Exhibit A — Resolution No. 5112 4.1 Councilmembers shall attend Regular Council meetings and Study Sessions. Councilmembers shall inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting or Study Session, or if they knowingly will be late to any such meetings. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive, continued or prolonged absences may be addressed by the City Council on a case by case basis. [See ACC 2.06.050 and RCW 35A.12.0601 4.2 Councilmembers are expected to attend the meetings of the Ad Hoc _Council Committees to which they are assigned. Councilmembers should inform the Chair of such Ad Hoc Council Committees or the City Clerk if they are unable to attend any meetings of such Ad Hoc Council Committees, and should inform the Chair or City Clerk if they expect to be late to any such Ad Hoc Council Committee meeting. If a Counc_iimember has informed the Chair or City Clerk that he or she is unable to attend such Ad Hoc Committee meeting, the minutes for that meeting, if minutes are required and /or taken, shall show the Councilmember as having an excused absence for that meeting. Provided that excessive, continued or prolonged absences may be addressed by the City Council on a case by case basis. 4.3 Councilmembers shall attend the Special Meetings of the City Council. Councilmembers, shall inform the Mayor or the City Clerk if they are unable to attend any such meetings, or shall so inform the Mayor or City Clerk if they expect to be late to any such Special meeting. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such Special meeting, the minutes for that meeting shall show the Councilmember as having an excused absence for that meeting. Provided that excessive, continued or prolonged absences may be addressed by the City Council on a case by case basis. 4.4 Attendance at Ad Hoc Council Committ.ee meetings and Special meetings will not be considered "regular meetings" for the purposes of RCW 35A.12.060, applicable to Regular City Council meetings. However, in addition to the application of RCW 35A.12.060 to Regular City Council meetings, unexcused absences from any Regular or Special meetings, or Ad Hoc Committee meetings, shall constitute a violation of these Rules of Procedure. SECTION 5 - PRESIDING OFFICER - DUTIES 5.1 Conduct of Meetings RE49.01 Page 163 of 181 Exhibit A — Resolution No. 5112 The Presiding Officer at all Regular Meetings of the Council shall be the Mayor and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent and a quorum is present, the Council shall elect one of its members to serve as Presiding Officer until the return of the Mayor or Deputy Mayor. Additionally, the Deputy Mayor shall serve as the presiding officer for Council Study Sessions. It is further provided that, though not the Presiding Officer of Study Sessions, the Mayor is encouraged to attend Study Sessions. [See former ACC 2.06.090 (1957 code § 1.04.100).] 5.2 The Presiding Officer: A. Shall preserve order and decorum at all meetings of the Council and cause the removal of any person from any meeting for disorderly conduct; B. Shall observe and enforce all rules adopted by the Council; C. Shall decide all questions on order, in accordance with these rules, subject to appeal by any Councilmember; D. Shall recognize Councilmembers in the order in which they request the floor, giving every councilmember who wishes an opportunity to speak, provided that the mover of a motion shall be permitted to debate it first, and provided that the Presiding Officer may also allow discussion of an issue prior to the stating of a motion when such discussion would facilitate wording of a motion; E. May affix approximate time limit for each agenda item; F. When matters on the agenda are placed, or are able to be placed under more than one classification or category, as defined by the Order of Business, and the matters involve or are closely related to other subject matter, then the Presiding Officer may, in the Presiding Officer's discretion, present such matters before the Council, for discussion, consider and vote, at a different place in the agenda without the necessity of any vote thereon, notwithstanding their initial different placement on the written agenda. [See former ACC 2.06.100 (1957 code § 1.04,170.); ACC 2.06.190 (1957 code § 1.04.210).] SECTION 6 - COUNCILMEMBERS RL&C12 Page 164 of 181 Exhibit A — Resolution No. 5112 6.1 Remarks. - Councilmembers desiring to speak shall address the presiding officer, and when recognized, shall confine himself /herself to the question under debate. 6.2 Questioning. - Any member of the Council, including the Presiding Officer, shall have the right to question any individual, including members of the staff, on matters germane to the issue properly before the Council for discussion. Under no circumstances shall such questioning be conducted in a manner to the extent that such would constitute a cross - examination of or an attempt to ridicule or degrade the individual being interrogated. 6.3 Obligation to the Public Agency. - Notwithstandin± to express their independent opinions and exerc Councilmembers should act in a way that reflects the City and of the community. Councilmembers members of the City Council and City staff in wa,, government. 1 the right of Councilmembers ise their freedom of speech, positively on the reputation of shall also interact with other ,s that promote effective local 6.4 Council Training. - Councilmembers are expected to participate in training offered by individuals, agencies, entities and organizations including but not limited to the Association of Washington Cities and the State of Washington, so as to afford the Councilmembers the opportunity to better understand their roles as City Councilmembers. 6.5 Participation in Committees, Agencies and Organizations. - To better represent the interests of the City of Auburn, Councilmembers are encouraged to participate in assignments to local, regional, state and national committees, agencies and organizations. (See former ACC 2.06.130 (1957 code § 1.04.134).] SECTION 7 - DEBATES 7.1 Speaking to the Motion. - No member of the Council, including the Presiding Officer, shall speak more than twice on the same motion except by consent of the Presiding Officer or a majority of the Councilmembers present at the time the motion is before the Council. 7.2 Interruption. - No member of the Council, including the Presiding Officer, shall interrupt or argue with any other member while such member has the floor, other than the Presiding Officer's duty to preserve order during meetings as provided in Section 5.2.A of these rules. 7.3 Courtesy. - All speakers, including members of the Council, which includes the Presiding Officer, in the discussion, comments, or debate of any matter or issue RF&C13 Page 165 of 181 Exhibit A — Resolution fro. 5112 shall address their remarks to the Presiding Officer, be courteous in their language and deportment, and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff or the pubic, but shall at all times confine their remarks to those facts which are germane and relevant to the question or matter under discussion. 7.4 Transgression. - If a member of the Council shall transgress these rules on debates, the Presiding Officer shall call such member to order, in which case such member shall be silent except to explain or continue in order. If the Presiding Officer shall transgress these rules on debate or fail to call such member to order, any other member of the Council may, under a point of order, call the Presiding Officer or such other member to order, in which case the Presiding Officer or such member, as the case may be, shall be silent except to explain or continue in order. 7.5 Challenge to Ruling. - Any member of the Council, including the Presiding Officer, shall have the right to challenge any action or ruling of the Presiding Officer, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Presiding Officer, shall govern. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS 8.1 All City Council meeting discussions shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED (latest edition). 8.2 If a motion does not receive a second, it dies. Matters that do not constitute a motion include nominations, withdrawal of motion by the person making the motion, request for a roll call vote, and point of order or privilege; therefore a second is not needed. 8.3 A motion that receives a tie vote is deemed to have failed, provided that except where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. 8.4 When making motions, Councilmembers shall be clear and concise and not include arguments for the motion within the motion. 8.5 After a motion has been made and seconded, the Councilmembers may discuss their opinions on the issue prior to the vote. RLSC14 Page 166 of 181 Exhibit A — Resolution No. 5112 8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to the provisions of Section 9 hereof, that Councilmember shall so advise the City Council, and shall remove and absent himself /herself from the deliberations and considerations of the motion, and shall have no further participation in the matter. Such advice shall be given prior to any discussion or participation on the subject matter or as soon thereafter as the Councilmember perceives a need to abstain, provided that, prior to the time that a Councilmember gives advice of an intent to abstain from an issue, the Councilmember shall confer with the City Attorney to determine if the basis for the Council member's intended abstention conforms to the requirements of Section 9. If the intended abstention can be anticipated in advance, the conference with the City Attorney should occur prior to the meeting at which the subject matter would be coming before the City Council. If that cannot be done, the Councilmember should advise the City Council that he/she has an "abstention question" that he /she would want to review with the City Attorney, in which case, a brief recess would be afforded the Councilmember for that purpose. 8.7 A motion may be withdrawn by the maker of the motion at any time without the consent of the Council. 8.8 A motion to table is nondebatable and shall preclude all amendments or debates of the issue under consideration. A motion to table is to be used in instances where circumstances or situations arise which necessitate the interruption of the Councilmembers' consideration of the matter then before them. A motion to table, if passed, shall cause the subject matter to be tabled until the interrupting circumstances or situations have been resolved, or until a time certain, if specified in the motion to table. To remove an item from the table in advance of the time certain requires a two- thirds' majority vote. 8.9 A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. 8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 8.11 A motion to call for the question shall close debate on the main motion and is not debatable. This motion must receive a second and fails without a two- thirds' vote; debate is reopened if the motion fails. 8.12 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. RL&C15 Page 167 of 181 Exhibit A — Resolution No. 5112 8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table (table), roll call vote, point of order, reconsideration and take from the table. 8.14 Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). 8.15 Debate of the motion only occurs after the motion has been moved and seconded. 8.16 The Presiding Officer, City Attorney or City Clerk should repeat the motion prior to voting. 8.17 The City Clerk will take a roll call vote, if requested by the Presiding Officer, a Councilmember, or as required by law. 8.18 When a question has been decided, any Councilmember who voted in the majority may move for reconsideration. In order to afford Councilmembers who voted in the majority the potential basis for a motion for reconsideration, Councilmembers who voted in the majority may inquire of Councilmembers who voted with the minority as to the reasons for their minority vote, if not stated during debate prior to the vote. 8.19 The City Attorney shall act as the Council's parliamentarian and shall decide all questions of interpretations of these rules which may arise at a Council meeting. 8.20 These rules may be amended, or new rules adopted, by a majority vote of the full Council. [See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code § 1.04.230).] SECTION 9 - VOTING 9.1 Voice vote - A generalized verbal indication by the Council as a whole of "yea or nay" vote on a matter, the outcome of which vote shall be recorded in the official minutes of the Council. Silence of a Councilmember during a voice vote shall be recorded as a vote with the prevailing side, except where such a Councilmember abstains because of a stated conflict of interest or appearance of fairness. 9.2 Roll call vote - A roll call vote may be requested by the Presiding Officer or by any Councilmember. 9.3 Abstentions - It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. However, a Councilmember may RE&C16 Page 168 of 181 Exhibit A — Resolution No. 5112 abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness. 9.4 Votes by Mayor - Except where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. [See former ACC 2.06.150 (1957 code § 1.04.150).] SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 10.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address for the record, and limit their remarks to three (3) minutes, in addition to filling out the speaker sign -in sheet available at the City Clerk's desk. All remarks will be addressed to the Council as a whole. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions to the time restrictions of persons addressing the Council when warranted, in the discretion of the Presiding Officer. 10.2 Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the Presiding Officer, unless permission to continue is granted by a majority vote of the Council. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 11 - PUBLIC HEARINGS AND APPEALS 11.1 Quasi-judicial hearings require a decision be made by the Council using a certain process, which may include a record of evidence considered and specific findings made. The following procedure shall apply: A. The Department Director of the department (most) affected by the subject matter of the hearing, or said Director's designee, will present the City's position and findings. Staff will be available to respond to Council questions. B. The proponent spokesperson shall speak first and be allowed (10) minutes. Council may ask questions. C. The opponent spokesperson shall be allowed ten (10) minutes for presentation and Council may ask questions. D. Each side shall then be allowed five (5) minutes for rebuttal, with the proponent spokesperson speaking first, followed by the opponent spokesperson. RLP &C17 Page 169 of 181 Exhibit A — Resolution No. 5112 E. The City Clerk shall serve as timekeeper during these hearings. F. After each proponent and opponent spokesperson have used their speaking time, Council may ask further questions of the speakers, who shall be entitled to respond but limit their response to the question asked. 11.2 Public hearings where a general audience is in attendance to present arguments for or against a public issue: A. The Department Director or designee shall present the issue to the Council and respond to questions. B. A person may speak for three (3) minutes. No one may speak for a second time until everyone who wishes to speak has had an opportunity to speak. The Presiding Officer may make exceptions to the time restrictions of persons speaking at a public hearing when warranted, in the discretion of the Presiding Officer. C. The City Clerk shall serve as timekeeper during these hearings. D. After the speaker has used their allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. E. The hearing will then be closed to public participation and open for discussion among Councilmembers. F The Presiding Officer may exercise changes in the procedures at a particular meeting or hearing, but the decision to do so may be overruled by a majority vote of the Council. SECTION 12 - DEPUTY MAYOR 12.1 Annually or more often as deemed appropriate, the members of the City Council, by majority vote, shall designate one of their members as Deputy Mayor for such period as the Council may specify. A. Any member of the City Council may be nominated for the. position of Deputy Mayor by having that Councilmember's name placed in nomination by a Councilmember. rThe nomination of a councilmember for this position does not require a second, and a councilmember may nominate him or herself. REWC�L8 Page 170 of 181 Exhibit A — Resolution No. 5112 B. The Councilmember receiving a majority of the vote_ s cast by the members of the City Council shall be elected Deputy_ Mayor. A Councilmember may_ vote for him or herself. C. The names of all nominees for the position of Deputy Mayor shall be included in the vote. D. If no single Councilmember received a majority of the votes cast, a second vote /ballot between the two nominees who received the largest number of votes, would be needed. In the second votelballot, whichever of these two nominees received. the larger number of votes would be elected to the position of Deputy Mavor. [See RCW 35A.12.065.] 12.2 The Deputy Mayor shall perform the following duties: Intra - Council Relations • Serve as the Chair of the Council Study Sessions • Serve as an ex- officio member of all other—ad hoc committees of the City Council • Assist in new Councilmember training • Support cooperative and interactive relationships among council members • Work with Administration to prepare agendas for Council Study Sessions Mayor - Council Relations • Help maintain a positive and cooperative relationship between the Mayor and the City Council • Act as conduit between the Mayor and the City Council on issues or concerns relating to their duties Intergovernmental and Community Relations • Act in absence of Mayor as requested and/or as required • Be aware of all City regional and intergovernmental policies and activities in order to be prepared to step into the role of Mayor if necessary • Serve as the Chair of the City's Emergency Management Compensation Board [See former ACC 2.06.090 (1957 code § 1.04.100)] 3 It may be that if there were a lareer number of nominees in the initial election, there would not be (only) two councilmembers who received the largest number of votes. For instance, if one nominee received three votes a second nominee received two votes and a third nominee also received two votes, it might be appropriate to have an initial run off between the second and the third nominees to determine who would be included in the final run -off ap,ainst the first nominee. RLSC19 Page 171 of 181 Exhibit A -- Resolution No. 5112 SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE 13.1 In the event that an unexpired Council position becomes vacant, the City Council has ninety (90) days from the occurrence of the vacancy to appoint, by majority vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to State law. The Council may make such appointment at its next regular meeting, or at a special meeting called for that purpose. If the Council does not appoint a person within the ninety (90) day period, the Mayor may make the appointment from among the persons nominated by members of the Council. 13.2 In the event of extended excused absences or disability of a Councilmember, the remaining members by majority vote may appoint a Councilmerhber Pro Tempore to serve during the absence or disability. SECTION 14 - COUNCIL MEETING STAFFING 14.1 Department Directors shall attend all meetings of the Council unless excused. 14.2 The City Attorney shall attend all meetings of the Council unless excused, and shall upon request, give an opinion, either written or oral, on legal questions. The City Attorney shall act as the Council's parliamentarian. The Assistant City Attorney shall attend meetings when the City Attorney has been excused. [See former ACC 2.06.060 (1957 code § 1.04.160).] SECTION 15 - COUNCIL RELATIONS WITH STAFF 15.1 There will be mutual courtesy and respect from both City staff and Councilmembers toward each other and of their respective roles and responsibilities. 15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers will acknowledge City staff as administering the Council's policies. 15.3 It is the intent of Council that all pertinent information asked for by individual Council members shall be made available to the full Council. 15.4 Individual Councilmembers shall not. attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. Councilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. RES.C90 Page 172 of 181 Exhibit A — Resolution No. 5112 15.5 Other than through legislative action taken by the Council as a whole, individual Councilmembers shall not interfere with the operating rules and practices of any City department. 15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare any report that is significant in nature, or initiate any project or study without the consent of a majority of the Council. This provision, however, does not prohibit individual Councilmembers from discussing issues with the Mayor or making individual requests or suggestions to the Mayor. The Mayor shall endeavor to advise and update the Councilmember(s) on the status or follow -up of such issues. 15.7 All councilmember requests for information, other than requests for legal advice from the City Attorney's Office, shall be directed through the Mayor in order to assign the task to the proper staff. The Deputy Mayor may work with the Mayor's designated staff_ to prepare Study Session agendas and facilitate Study Session work. 15.8 Any written communication with staff shall also include the Mayor as a recipient. SECTION 16 - COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 In addition to the regularly scheduled City Council meetings (Regular Council Meetings) scheduled on the first and third-Mondays of the month, City Council shall regularly schedu.le Council Study Sessions on the second, fourth and fifth Mondays of the month for review of matters that would come back before the City Council at Regular Council Meetings. Different than the format for Regular Council Meetings (identified in Section 3 hereof), Study Sessions shall be less formal than Regular Council Meetings and shall give the City Council the opport unity to discuss and debate issues coming before it for action at Regular Council meetings. The format for these meetings shall be as follows: A. Meeting Times: Study Sessions shall be scheduled as set forth in Section 2.3, above. B. Study Sessions should conform to the following: Meeting faciiitation - the Deputy Mayor shall preside over /conduct Study Sessions. 2. Four or more Council_memhers shall constitute a quorum for Study Sessions. RETb 1 Page 173 of 181 Exhibit A —Resolution No. 5112 3. Two and one half hours maximum timeframe (goal). 4. Maximum of five agenda items (goal). 5. Timeframe per agenda item - up to 30 to 40 minutes. 6. Agenda items should relate to future policy- making, strategic planning or key state or federal issues affecting current or future city operations. 7. Agenda items should be substantive only (e.g., traffic impact fee increase proposals, comprehensive plan updates, rather than day -to- day operational issues. [Non - substantive items (e.g., accepting a grant, authorizing contract b.idd.ing, etc..) should go directly to the Regular City Council meeting. C. Study Session Meeting Formae 1. Call to Order The Presiding Officer shall call the meeting to order. 2. Roll call The City Clerk will call the roll. Councilmembers may request to be excused from a meeting by requesting the same of the Mayor or City Clerk in advance of the meeting. The reason for the request shall be given at the time of the request. 3. Announcements, Reports and Presentations The Presiding Officer shall provide any announcements, reports or presentations that need to be shared with the City Council in advance of the agenda discussion items. After that these announcements, reports or presentations, City Council members may have questions or wish to discuss the issues at this time or request that they be put on a future Study Session agenda for further discussion. 4. Agenda items for Council Discussion. The Presiding Officer shall announce each of the various items that are on the agenda for Council discussion, and, as warranted, request a preliminary report from staff or a consultant or other individual(s) 4 It is the intention of the City Council that Study Sessions shall be televised on the City's public access channel if reasonably possible. RE&C22 Page 174 of 181 Exhibit A — Resolution No. 5112 involved in the issue. The Presiding Officer shall endeavor to call upon the members of the City Council in the order of their requests to discuss the Agenda Item. After such report(s), if any, the Presiding Officer shall open the floor for Council discussion on the agenda items in their order on the agenda, unless a different order is approved by a majority of the Councilmembers present. Council discussion shall be in conformity with the provisions of Section 7 of these rules, other than the requirement that there be a motion before Council discussion. At the conclusion of the discussion, or at the point the Council feels its questions have been answered and discussion vetted, the Presiding Officer shall move the attention of the Council to the next discussion item on the agenda; provided that if, after a lengthy discussion on a particular agenda item, the Presiding Officer concludes that discussion should be continued to a later date, the Presiding Officer may conclude discussion on that agenda item and schedule the matter for a later Study Session. With the support of a consensus of Councilmembers, the Deputy Mayor shall call for Study Session agenda items requiring formal Council action to be included in agendas for upcoming Regular Council Meetings. 5. Other Discussion Items The Presiding Officer and/or members of the City Council may bring up other discussion items to be discussed at this time or to be scheduled for discussion at a future Study Session; provided that if the Presiding Officer concludes that there is not sufficient time to discuss or continue discussing the topic, the Presiding Officer may defer discussion or continued discussion to a future Study Session. 6. Adjournment The Presiding Officer shall adjourn the Study Session after conclusion of discussion on the agenda items. 16.2 The Mayor or a majority of the City Council may establish such ad hoc committees as may be appropriate to consider special matters that require special approach or emphasis. Such ad hoc committees may be established and R1C23 Page 175 of 181 Exhibit A — Resolution No. 5112 matters referred to them at study sessions, without the requirement that such establishment or referral take place at a regular City Council meeting. The Mayor shall appoint Council representatives to intergovernmental councils, boards and committees, provided that the Deputy Mayor shall appoint Councilmembers to Council ad hoc committees. It is further provided that the Mayor shall appoint members to Council ad hoc committees if the Deputy Mayor is disabled or precluded from acting in that capacity. Councilmember appointments to intergovernmental councils, boards and committees, including ad hoc committees, shall be periodically reviewed to determine which councilmembers could best be able to represent the City on such councils, boards and committees. 16.3 Ad hoc council committees shall consider all matters referred to them. The chair of such ad hoc committee shall report to the City Council the findings of the committee. Committees may refer items to the Council with a committee recommendation or with no committee recommendation. 16.4 Advisory Boards, Committees and Commissions established by ordinance, consisting of citizens appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the City Council. 16.5 Committee Chairpersons shall have broad discretion in conducting their meetings. They will generally follow Roberts Rules of Order, Newly Revised. 16.6 Unless otherwise expressly provided for an ad hoc committee of the City Council, such committees shall not receive public testimony or allow audience part icipation in connection with or related to the agenda item being discussed by the Committee,. Unless otherwise expressly provided for such ad hoc committee, it is the intention of the City Council that such ad hoc committees function informally and not in any way that takes action in lieu of or on behalf of the full City Council. The purpose and function of such ad hoc committees shall be to review matters in advance of their consideration by the full City Council, and perhaps record and make recommendations to the full City Council. With that, it is the in that these committees operate informally, without the need for compliance with the Open Public Meetings Act (Chapter 42.34. RCW). 16.7 Committee Chairpersons shall approve all agenda items and may, at their discretion, remove or add agenda items during the course of the meeting. SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 17.1 If a Councilmember meets with, attends a meeting or otherwise appears an before individuals, another governmental agency, a community organization, or a private entity or organization, inc'lud'ing individuals, agencies, or organizations with whom or with which the City has a business relationship, and makes RMC24 Page 176 of 181 Exhibit A — Resolution No. 5112 statements directly or through the media, commenting on an issue that does or could affect the City, the Councilmember shall state the majority position of the City Council, if known, on such issue. Personal opinions and comments which differ from those of the Council majority may be expressed if the Councilmember clarifies that these statements do not represent the City Council's position, and the statements are those of the Councilmember as an individual. Additionally, before a Councilmember discusses anything that does or could relate to City liability, the Councilmember should talk to the City Attorney or the City's Risk Manager, so that the Councilmember would have a better understanding of what may be said or how the discussion should go to control or minimize the City's liability risk and exposure. 17.2 Councilmembers need to have other Councilmember's concurrence before representing another Councilmember's view or position with the media, another government agency or community organization. 17.3 Councilmembers shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember's role as a City official. 17.4 Communication among Councilmembers shall conform to the following parameters: A. Except in connection with Council members meeting, informally, in committees not subject to the Open Public Meetings Act, to assure that communication on agenda items occurs to the greatest extent possible at the public meetings, and to avoid even the perception that email is being used in a way that could constitute a public meeting, e.g., successive communications on City Council topics that involve a quorum of the Councilmembers. Councilmembers should refrain from emailing Councilmembers about such agenda items. Councilmembers should be prepared to communicate about matters that are on upcoming Council agendas at the public meetings. If Councilmembers wish to share information with other councilmembers about matters that are on upcoming agendas, the Councilmembers should forward that information to the Mayor for distribution in the council meeting packets. B. Councilmembers may communicate via email to other Councilmembers, including to a quorum of the full City Council about matters within the scope of the City Council's authority or related to City business, but not yet scheduled on upcoming Council agendas, to indicate a desire that certain items be included on upcoming meeting agendas; provided that RLSgE;25 Page 177 of 181 Exhibit A — Resolution No. 5112 Councilmembers shall never ask for responses from the other Councilmembers in that communication. C. Email communication among Councilmembers relating to City operations should also include the Mayor as a recipient/addressee. D. Councilmembers may email the Mayor about City business without limitations or restrictions. 17.5 Internet & Electronic Resources /Equipment Use. A. Policy. It is the policy of the City Council that Internet and electronic resources equipment use shall conform to and be consistent with the requirements of City of Auburn Administrative Policy and Procedure 500- 03, "Internet & Electronic Resources /Equipment Use — Elected Officials" adopted hereby and incorporated herein by this reference. It is important to note that all letters, memoranda, and interactive computer communication involving City Councilmembers and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with exceptions stated by the Public Records Act (RCW 42.56), are public records. B. Electronic Communications. (1) . Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record. Users should delete these messages once their administrative purpose is served. (2) All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying. (3) Electronic communications that are intended to be shared among a quorum of the City Council or of an ad hoc Council Committee, whether concurrently or serially, must be considered in light of the Open Public Meetings Act -, if applicable. If the intended purpose of the electronic communication is to have a discussion that should be held at an open meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the Council shall not occur. RL @ZC26 Page 178 of 181 Exhibit A — Resolution Igo. 5112 (4) Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business. In general, electronic communication is discoverable in litigation, and even deleted electronic communication is not necessarily removed from the system. Confidential electronic communications should not be shared with individuals other than the intended recipients, or the attorney - client privilege protecting the document from disclosure may be waived. (5) Electronic communication between Councilmembers and between Councilmembers and staff shall not be transmitted to the public or news media without the filing of a public disclosure request with the City Clerk. (6) As a cautionary note, if an elected public official uses his or her personal home computer to send electronic communications dealing with City business, the electronic communications and electronic records may be subject to discovery demands and public disclosure requests. That possibility amplifies the need for caution in how one uses electronic communication for City business. 17.6 Different than where a City Councilmember is appointed by the City Council or the Mayor to serve as a member of a board, commission, committee, task force or any other advisory body, the City Council may appoint a Councilmember to serve as a non - member Liaison to a board, commission, committee, task force or any other advisory body. Anytime a Councilmember is appointed as such a Liaison, the position or role of Liaison is subordinate to that of Councilmember, and the Councilmember's responsibility is first and foremost to the City and to the City Council. The role and responsibility of the Councilmember- Liaison is to keep the City Council apprised of the activities, positions and actions of the entity or organization to which the Councilmember has been appointed Liaison, and not to communicate to the board, commission, committee, task force or other advisory body a statement as the position of the City Council, except as authorized or directed by the City Council. 17.7 Whenever a member of the City Council attends any meeting of any other entity or organization, he or she should endeavor to be prudent in what he or she says or does at such meeting. Further, the Councilmember should avoid attending such meeting if that attendance would impose an interference with the meeting or the operations of the other entity or organization, or of the operations of the City. SECTION 18 - TRAVEL AUTHORIZATION 18.1 In accordance with the City of Auburn travel policy, approvals or expenditure of travel related costs and/or approval of specific travel events or activities by RLS&C27 Page 179 of 181 Exhibit A — Resolution No. 5112 Councilmembers beyond the authority provided in the travel policy and budget shall be as follows: the requesting Councilmember shall submit his/her request to expend travel related costs and/or request for authorization for specific travel purposes to the Mayor to be included on an upcoming Council meeting agenda in advance of the date(s) of such expenditure or travel. The City Council may pursuant to a motion, approve the request by a majority vote of a quorum of the City Council at the meeting in which the matter is considered. SECTION 19 - CONFIDENTIALITY 19.1 Councilmembers shall keep confidential all written materials and verbal information provided to them during Executive Sessions, to ensure that the City's position is not compromised. Con fdentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE 20.1 Councilmembers shall conform their conduct to the requirements, standards and expectations set forth in these Rules of Procedure. In addition to and notwithstanding whatever other enforcement mechanisms may exist for legal, ethical or practical obligations on Councilmember performance or conduct, violations of these Rules of Procedure by Councilmembers may be enforced by action of the City Council through sanctions such as votes of censure or letters of reprimand, and such other action as may be permitted by law. RLUC28 Page 180 of 181 Exhibit A — Resolution No. 5112 City Council Rules of Procedure: Adopted: February 2, 2004 Ordinance No. 5802 Amended by Resolution No. 4282, December 17, 2007 Amended by Resolution No. 4429, December 15, 2008 Amended by Resolution No. 4467, April 6, 2009 Amended by Resolution No. 4615, July 6, 2010 Amended by Resolution No. 4686, February 22, 2011 Amended by Resolution No. 4740, August. 15, 2011 Amended by Resolution No. 4813, May 21, 2012 Amended by Resolution No 4909, February 19, 2013 Amended by Resolution No. 5105, November 3, 2014 RE�C29 Page 181 of 181