HomeMy WebLinkAbout12-01-2014 CITY COUNCIL AGENDA,A BURN
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I. CALL TO ORDER
A. Flag Salute
B. Roll Call
City Council Meeting
December 1, 2014 - 7:30 PM
Auburn City Hall
AGENDA
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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
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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.)
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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
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(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.
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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
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,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.)
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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
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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
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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
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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
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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
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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.
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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,
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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.
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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.
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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)
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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.
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Wayne Osborne Molly Mendez
Chairman Public Works Department Secretary
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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
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.: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
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$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
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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
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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
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CA.A Page 31 of 181
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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:
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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.
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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
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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
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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.
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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
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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.
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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
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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;
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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