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HomeMy WebLinkAbout12-15-2014 CITY COUNCIL AGENDA PACKETAlityrB URN WASHINGTON City Council Meeting December 15, 2014 - 7:30 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video M eeti ng vi dens are not avai I abl e unti 172 hours after the meeti ng has concl uded. I. CALL TO ORDER A. Flag Salute B. RoII CaII C. Announcements, Appointments, and Presentations 1. Boards and Commissions Reappointments City Council to confirm the following three year reappointments to expire December 31, 2017 to the following Boards and Commissions: Airport Board Donald Peters Arts Commission Dan Norman Cemetery Board Jeanne Coffey Human Services Committee Jason Berry Bette Vangasken Cecila Brugger Lodging Tax Advisory Board Khara Nixon David Kwok Ronnie Roberts Parks & Recreation Board Michael Hassen Richard Artura Greg Dobbs Planning Commission Judi Roland Page 1 of 158 Urban Tree Board Jan Speer Bryce Landrud 2. Lodging Tax Advisory Committee Appointment City Council to appoint Julie Krueger to the Lodging Tax Advisory Committee for new a three year term to expire December 31, 2017. 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. December 8, 2014 Minutes* (Peloza) B. Planning & Community Development C. Public Works 1. December 1, 2014 Minutes* (Osborne) D. Finance 1. December 1, 2014 Minutes* (Wales) E. Les Gove Community Campus F. Council Operations Committee 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 4, 2014 Special City Council Meeting Minutes* B. December 1, 2014 City Council Minutes* C. December 3, 2014 Special City Council Meeting Minutes* D. Claims Vouchers (Wales /Coleman) Claims voucher numbers 431473 through 431660 in the amount of Page 2 of 158 $1,337,790.75 and two wire transfers in the amount of $2452.21 and dated December 15, 2014. E. Payroll Vouchers (Wales /Coleman) Payroll check numbers 535200 through 535233 in the amount of $859,460.56, electronic deposit transmissions in the amount of $1,303,856.97 for a grand total of $2,163,317.53 for the period covering November 27, 2014 to December 10, 2014. F. Public Works Project No. C512A* (Osborne /Snyder) City Council to award Contract No. 13 -12, to Gary Harper Construction, Inc. on their low bid of $797,160.00 plus Washington State sales tax of $75,730.20 for a total contract price of $872,890.20 for Project No. C512A, Well 4 Emergency Power Improvements G. Public Works Project No. C524A* (Osborne /Snyder) City Council to approve final pay estimate No. 25 to Contract No.AG -C -401 in the amount of $22,119.00 and accept construction of Project No. C524A — SCADA System Improvements, Consultant and Technology Services H. Public Works Project No. CP1304* (Osborne /Snyder) City Council to grant permission to advertise for bids for Project No. CP1304, 37th Street & B Street NW Pre - Signal Project, Contract 14 -12 I. Public Works Project No. CP1320* (Osborne /Snyder) City Council to grant permission to advertise for bids for Project No. CP1320, Maintenance and Operations Storm Drainage Improvement Project J. VADIS Service Agreement AG -S -080* (Peloza /Coleman) City Council to approve Service Agreement No. AG -S -080 with Vadis for a litter control program (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. 6545* (Osborne /Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 3.12 of the City Code relating to public contracts (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6545.) B. Ordinance No. 6546* (Wales /Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 13.36.040, 13.36.230, 20.04.020, 20.04.120, 20.06.020, 20.06.100, Page 3 of 158 20.06.130 and 20.06.180 of the Auburn City Code relating to the City of Auburn Fee Schedule (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6546.) C. Ordinance No. 6547* (Wales /Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 3.68 of the Auburn City Code relating to Parks and Recreation fees (RECOMMENDED ACTION: City Council introduce and adopt Ordinance No. 6547.) VIII. RESOLUTIONS A. Resolution No. 5114* (Wales /Heid) A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Fee Schedule to adjust fees for 2015 (RECOMMENDED ACTION: City Council adopt Resolution No. 5114.) B. Resolution No. 5115* (Holman /Heid) 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, 5105 and 5112 (RECOMMENDED ACTION: City Council adopt Resolution No. 5115.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor X. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 158 MS.1 AuBuRN 1YY CAF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: December 8, 2014 Minutes December 9, 2014 Department: Attachments: Budget Impact: Police Minutes - December 8, 2014 $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Peloza Staff: Meeting Date: December 15, 2014 Item Number: MS.1 AUBURN * MORE THAN YOU IMAGINED Page 5 of 158 Au& 7Y or i r WASH € NGTONJ Municipal Services Committee December 8, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER MS.1 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, Vice Chair Wayne Osborne and Member Claude DaCorsi. Staff present were: Mayor Nancy Backus; Chief of Police Bob Lee; City Attorney Dan Heid, Parks; Arts & Recreation Director Daryl Faber; Solid Waste & Recycling Supervisor Joan Nelson; and Police Secretary Sue Van Slyke. Others present: Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications Discussion Item IV. E. Resolution No. 5115 City Attorney Dan Heid reviewed Resolution No. 5115 which will amend the City Council Rules of Procedure as adopted by Ordinance No. 5802 and amended by Resolution No. 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105 and 5112. Resolution No. 5115 would allow the sequence of agenda items in City Council meetings to be changed for flexibility purposes. There may be occasions when it would be advantageous to take items out of their order and consider them at an earlier or later time, depending upon the circumstances or parties in attendance at the meeting. A brief discussion by the Committee resulted in agreement with the need for this Resolution. Page 1 of 3 Page 6 of 158 II. CONSENT AGENDA A. Minutes - November 24, 2014 (Peloza) Vice Chair Osborne moved and Member DaCorsi seconded to approve the November 24, 2014 Municipal Services Committee minutes as written. Motion carried unanimously. 3 -0 III. ACTION A. VADIS Service Agreement AG -S -080 (Coleman) Solid Waste & Recycling Supervisor Joan Nelson presented the VADIS Service Agreement to the Committee. This is a bi- annual service agreement between the City of Auburn and Vadis for a litter control program for 2015. The service includes a recycling pickup program that runs from April to September each year. Ms. Nelson explained that the cost of the program remains higher than what the City currently pays. Vice Chair Osborne recommended to forward the 2015 -2016 Service Agreement No. AG -S -080 with Vadis to City Council for approval. Member DaCorci seconded. Recommendation passed. 3 -0 IV. DISCUSSION ITEMS MS.1 A. Resolution No. 5114 (Heid) City Attorney Dan Heid summarized Resolution No. 5114 which will amend the City of Auburn Fee Schedule to adjust fees for 2015. In this document, each department identified fees they feel need to be amended. Attorney Heid opened the meeting for questions from the Committee. Vice Chair Osborne stated that the incorrect Resolution number was listed at the top of page 23. Mr. Heid will amend the resolution to reflect the correct number. Vice Chair Osborne also addressed Section 4.a. on page 27 regarding the total valuation fees on Permits. He stated that there is a discrepancy in the fee total when the additional fee of $100.00 is added to the base fee. Attorney Heid will confer with Community Development and Public Works to adjust this fee schedule to reflect correct costs. At the conclusion of the discussion it was recommended that Attorney Heid research and either correct or clarify the following items. 1. Section B.4 on page 35 - Other Annual Franchise Fee where the Page 2 of 3 Page 7 of 158 4.5% of Gross Revenue is crossed off. 2. Section G. Graves on page 45 which shows an increase of the cost of a grave by $5000.00 from $4,995.00 to $9,995.00. B. Ordinance No. 6546 (Heid) Attorney Heid discussed Ordinance No. 6546 which will include fees that are stated in the Auburn fee schedule. This ordinance will accommodate some of the new fees that are currently in the fee schedule that were previously referenced in city code. Member DaCorsi pointed out that the lettering is out of sequence on page 59 with the rest of Section 8. Attorney Heid will correct this error. Vice Chair Osborne called attention to Section 5.K. where the nonrefundable application fee has doubled from $2,500.00 to $5,000.00. Attorney Heid will find out the reason this occurred. C. Ordinance No. 6547 (Heid) Attorney Heid explained that this Ordinance seeks to allow flexibility in the fees that are charged by the Parks and Recreation department.There currently is no methodology to deviate from the Fees and Charges Manual in special circumstances with individuals, groups or special populations. The Committee suggested amending the statement in Section 3.68.030.B which states "benefit to the public and the Department" to "benefit to the public, city and the Department ". D. Project Matrix (Peloza) Line item 28P will be removed from the Project Matrix. V. ADJOURNMENT MS.1 In regards to the next Municipal Services Committee meeting scheduled for December 22, 2014, Mayor Backus informed the Committee that there will not be any items moving forward from current committees due to the change to study sessions.Vice Chair Osborne moved to cancel the next Municipal Services Committee meeting on December 22, 2014. Member DaCorsi seconded. Motion approved. 3 -0 There being no further business to come before the Committee, the meeting was adjourned at 4:08 p.m. APPROVED this 9th day of December, 2014. Bill Peloza, Chair Sue Van Slyke, Police Secretary Page 3 of 3 Page 8 of 158 AuBuRN ITY CAF � \VASH E NGTo Agenda Subject: December 1, 2014 Minutes Department: Public Works AGENDA BILL APPROVAL FORM Attachments: Draft M inutes Administrative Recommendation: Background Summary: See attached draft minutes. Reviewed by Council Committees: Public Works Councilmember: Osborne Meeting Date: December 15, 2014 Date: December 9, 2014 Budget Impact: $0 Staff: Item Number: PW.1 PW.1 AUBURN * MORE THAN YOU IMAGINED Page 9 of 158 WASH € NGTONJ Public Works Committee December 1, 2014 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER 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: Assistant Director of Engineering /City Engineer Ingrid Gaub, Assistant Director of Public Works Operations Randy Bailey, Assistant City Engineer Jacob Sweeting, Utility Engineering Manager Lisa Tobin, Director of Administration Michael Hursh, City Attorney Dan Heid, Planning Services Manager Jeff Dixon and Public Works Secretary Molly Mendez. B. Announcements There were no announcements. C. Agenda Modifications There were no modifications to the agenda. II. CONSENT AGENDA A. Approval of Minutes Approve the minutes of the November 17, 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 17, 2014. Motion carried 3 -0. 111. ACTION PW.1 A. Small Works Project No. EM1303 (Moore) 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 Page 1 of 3 Page 10 of 158 Director of Administration Hursh provided a brief background summary of Project No. EM1303. Hursh confirmed this project did not go out to bid as this was an emergency repair in response to a question asked by Chairman Osborne. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee 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. Motion carried 3 -0. IV. DISCUSSION ITEMS A. Ordinance No. 6543 (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 City Attorney Heid responded to a question asked by Member DaCorsi regarding Section 10.36.270.A.3 of Ordinance No. 6543. B. Ordinance No. 6542 (Dixon) An Ordinance amending ACC 19.02 related to annual adjustment of school impact fees Planning Services Manager Dixon provided a brief background summary of Ordinance No. 6542. There were no questions from the Committee. C. Capital Project Status Report (Sweeting) Item 31 — C207A — A Street NW Extension — Wetland Monitoring, Reporting and Planting: Assistant Director of Engineering /City Engineer Gaub pointed out that this project was added to the Capital Project Status Report and that the next action they see will be the project award. D. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) There were no questions from the Committee. E. Action Tracking Matrix (Gaub) Vice -Chair Peloza requested to have the wording on item F, Lea Hill Road Repair revised to `Lea Hill Road Repair at 105th Intersection'. Staff will revise as requested. V. ADJOURNMENT PW.1 Page 2 of 3 Page 11 of 158 PW.1 There being no further business to come before the Public Works Committee, the meeting was adjourned at 3:42 p.m. Approved this 15th day of December, 2014. Wayne Osborne Molly Mendez Chairman Public Works Department Secretary Page 3 of 3 Page 12 of 158 AuBuRN 1YY CAF � \VASH E NGTo Agenda Subject: December 1, 2014 Minutes Department: Administration AGENDA BILL APPROVAL FORM Attachments: 12 -1 -2014 minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Wales Meeting Date: December 15, 2014 Date: December 9, 2014 Budget Impact: $0 Staff: Item Number: FN.1 FN.1 AUBURN * MORE THAN YOU IMAGINED Page 13 of 158 A cirri URN WASHINGTON Finance Committee December 1, 2014 - 5:00 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER 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 and Member Yolanda Trout were present. Vice Chair John Holman was excused. Officials and staff members present included: City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Community Development and Public Works Director Kevin Snyder, Emergency Preparedness Manager Sarah Miller, Solid Waste and Recycling Supervisor Joan Nelson, and City Clerk Danielle Daskam. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. November 17, 2014 Minutes Member Trout moved and Chair Wales seconded to approve the minutes as distributed. MOTION CARRIED UNANIMOUSLY. 2 -0 B. Claims Vouchers (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. Committee members reviewed claims vouchers and payroll and briefly discussed claims voucher number 431326. Member Trout moved and Chair Wales seconded to approve the claims vouchers and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 2 -0 FN.1 Page 1 of 4 Page 14 of 158 C. Payroll Vouchers (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. See claims vouchers above for approval of payroll vouchers. III. ORDINANCES A. 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 Finance Director Coleman presented Ordinance No. 6533 adopting the City's 2015 -2016 Biennial Budget. Council previously reviewed the proposed budget in several work sessions and public hearings. Member Trout moved and Chair Wales seconded to approve and forward Ordinance No. 6533 to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 2 -0 B. 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 Ordinance No. 6539 amending the 2013 -2014 Biennial Budget. The ordinance represents budget amendment number nine and includes fund balance adjustments, project funding requests, other spending authority for contracts for services, receipt of grant revenues, purchase of vehicles and equipment, and innovation and technology items. Member Trout moved and Chair Wales seconded to approve and forward Ordinance No. 6539 to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 2 -0 IV. RESOLUTIONS A. Resolution No. 5110 (Heid) 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, Page 2 of 4 FN.1 Page 15 of 158 Seattle and Tukwila for the establishment, implementation and operation of the Puget Sound Emergency Radio Network System (PSERN) City Attorney Heid presented Resolution No. 5110, which authorizes the Mayor to negotiate and execute interlocal agreements between the City and King County and other cities and users of the emergency radio system. City Attorney Heid explained the equipment utilized by the City, King County and other cities is out of date, no longer being made and will no longer be supported by its manufacturers. Therefore, King County and King County cities plan to replace the equipment through a bond measure. King County plans to place a bond measure before the voters in April 2015. Representatives of King County and other cities have been working to develop agreements that would provide for the creation of a new emergency radio system and for operation of the system thereafter. Member Trout moved and Chair Wales seconded to recommend approval of Resolution No. 5110. MOTION CARRIED UNANIMOUSLY. 2 -0 V. DISCUSSION ITEMS A. Resolution No. 5096 (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 Emergency Preparedness Manager Sarah Miller presented Resolution No. 5096. Manager Miller explained the City has been a signatory of the King County Hazard Mitigation Plan since 2004. The Plan is updated every four years. In order to be eligible to apply for Hazard Mitigation Grants, the City must either have its own Hazard Mitigation Plan or be a party to another Plan. Staff members are currently working on two separate grant applications for hazard mitigation. B. Vadis Service Agreement AG -S -080 Finance Director Coleman presented Service Agreement No. AG -S -080 with Vadis for a litter control program beginning January 1, 2015 through December 31, 2016. The agreement also includes a recycling pickup program that runs from April to September of each year. Vadis is a non - profit corporation that develops employment opportunities for individuals with disabilities. Each litter crew is made up of five specially challenged individuals and a crew supervisor who collect trash and debris along City traveled ways. The contract has been renewed since 1991. C. Ordinance No. 6543 (Heid) FN.1 Page 3 of 4 Page 16 of 158 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 City Attorney Heid presented Ordinance No. 6543, which amends Section 10.36.270 of the Auburn City Code related to parking restrictions. He explained Ordinance No. 6535 adopted on September 15, 2014, allows administrative changes to time and parking within the Downtown Business District. Ordinance No. 6543 will clarify the application of penalty provisions for parking code violations authorized by Auburn City Code Section 10.36.060. D. Study Sessions - Finance Items (Coleman) Committee members reviewed a list of Finance related items for consideration for the new Council study session format in the upcoming year and beyond. Items included budget and budget amendments, quarterly financial reports, property tax levy, other tax issues, state shared revenues, annexation sales tax credit, local revitalization sales tax credit, interfund loans, banking agreements, interagency agreements, labor contracts. VI. ADJOURNMENT FN.1 There being no further business to come before the Committee, the meeting adjourned at 5:36 p.m. APPROVED this day of December, 2014. LARGO WALES, CHAIR Danielle Daskam, City Clerk Page 4 of 4 Page 17 of 158 AuBuRN 1YY CAF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: November 4, 2014 Special City Council Meeting Minutes Department: Administration Attachments: 11-4-2014 minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: December 15, 2014 Date: December 2, 2014 Budget Impact: $0 Staff: Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 18 of 158 A ,,€ l 47] UBURN WASHINGTON Special City Council Meeting November 4, 2014 - 4:00 PM Auburn City Hall MINUTES I. CALL TO ORDER Mayor Nancy Backus called the special meeting to order at 4:00 p.m. Councilmembers in attendance included: Deputy Mayor Wagner, Bill Peloza, Wayne Osborne, John Holman Yolanda Trout and Claude DaCorsi. Councilmember Largo Wales was excused. Junior City Council members in attendance included: Chair Cole Lindell, Vice Chair Sydney Campbell, Angelina Zalutskiy, Mary Riel, Tyler Cushing and Brandon Berend. Junior City Councilmember Dalton Hands was excused. Auburn Youth Councilmembers present included: Marcus Ebey, Amber Muggy and Alexandra Ostos Department directors and staff members present included: Police Chief Bob Lee, City Attorney Dan Heid, Community Development and Public Works Director Kevin Snyder, Assistant Director of Engineering Services and City Engineer Ingrid Gaub, Director of Administration Michael Hursh, Teen Coordinator Jim Westhusing, Program Specialist Kjerstin Lange and Deputy City Clerk Shawn Campbell. II. DISCUSSION ITEMS CA.A A. Council Brainstorm for Auburn Youth Center and Community Center City Council joined by representatives from the Youth Advisory Board and Junior City Council will brainstorm with project consultants and City staff on design ideas, options and issues for the Auburn Youth Center and Community Center. Mayor Backus explained the purpose of the meeting is to discuss the Youth and Community Centers. Stan Lokting from arc Architect introduced the process and agenda for the meeting. He explained his firm has not started designing the buildings. The purpose of this meeting is to receive input from the City Council, Junior City Council and Auburn Youth Council. His firm needs to understand the priorities and needs of the City in order to design a building that stays within the $9 million budget and meets the needs of the community. He reviewed the project site and the need to integrate the project into the existing Les Gove Community Campus. Katrina Morgan from Fermata explained the plan is to design the new building to be Silver LEED Certified. The City held an eco charrette earlier in the day where the overarching goals for the project were set. The project will need to make accommodations for all the different age groups that will be using the new building. Page 1 of 3 Page 19 of 158 Deputy Mayor Wagner asked if the length of time required to recoup the cost of equipment has been established. He suggested less then 15 years. Ms. Morgan stated the payback period is still an open discussion. Councilmember Peloza asked about solar power. Mr. Lokting stated they would look at the payback period and if solar is too expensive for now they would install infrastructure so solar could be added at a later time. Mr. Lokting reviewed the priorities his company is focused on while designing the building, such as connecting the youth center and community center, being able to see out of the building, having a control center that is flexible depending on the use of the building, technology lab for computers, areas for music and writing, creating a usable setting for teens, the need for a stage or theater, and the ability to accommodate large gatherings. Councilmember DaCorsi stated he likes keeping the focus on creating an atmosphere that allows the space to be the center of the community. He said he wants it to be a one of a kind building but it is important to stay within budget. Deputy Mayor Wagner stated he would like there to be a place in the facility to accommodate pets. One of the rooms needs to be able to accommodate children from infants to toddlers. Councilmember Holman stated it is important to have easy access to the indoor and outdoor spaces. Councilmember Trout said the space needs to be configured to have a view of the park. Mr. Lokting asked the Junior City Councilmembers and the Auburn Youth Councilmembers what they felt was important to incorporate into the space. Youth Councilmember Marcus Ebey stated teens want something different, they want a place to hang out and talk to their friends. They want a space that is a home away from home. Junior City Council Chair Lindell stated some teens would enjoy activities to combine the seniors with the teens. Junior City Councilmember Zalutskiy suggested the lobby have a coffee house atmosphere. Parks Program Assistant Kjerstin Lange stated the Parks Department is working on creating a space that is like a coffee shop area with a training program for baristas. Teen Coordinator Jim Westhusing stated programs drive the building. He asked what types of programs the teens would like to see in the new facility. The members present suggested a community garden including lessons on how to grow fruits and vegetables, science labs, career day where professionals come in and talk about their profession. Youth Councilmember Ostos stated she wants to see programs that help with teen pregnancy, drop outs and drugs. Junior City Council Vice Chair Campbell asked if the programs and supplies would have a fee charged to the teens. Director Faber stated the City tries to provide all materials at either no cost or a very reduced cost. Youth Councilmember Muggy stated the gym needs to have activities besides basketball. Junior City Council Vice Chair Campbell suggested a sand volleyball court. Junior City Council Chair Lindell noted different social groups often have a difficult time intermixing. It would be helpful to have activities that help the different social groups mix. Junior City Council Vice Chair Campbell stated the City must ensure the different interests and ethnic groups are represented throughout the facility. The teen center is a place for teens to meet other Page 2 of 3 CA.A Page 20 of 158 teens. Mayor Backus stated most programs are geared for the majority. She asked how the City could program for less then the majority. Junior City Councilmember Zalutskiy suggested the City could employ counselors at the center. Junior City Council Chair Lindell stated the common goal is to get everyone to want to come to the park. The City needs to provide transportation to the teen center. Mayor Backus stated the City is working with the Auburn School District to provide transportation in the future. Youth Councilmember Ebey stated parking at the Park and Recreation building is already a problem. Councilmember DaCorsi suggested the space could be used as a celebration of the community, featuring significant accomplishments of the community. There are features of the park that need to be maintained such as the bocce courts and the half mile loop trail. Mr. Lokting explained his firm is going to continue community outreach meetings and community surveys. They will come back to the Council with two or three rough designs to choose from. Once an option has been selected they will present to Council again at 30% complete and 60% complete and then a final presentation with construction documents at 100% complete. The goal is to open the facility in June of 2015. III. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 5:45 p.m. APPROVED this 15th day of December, 2014. CA.A NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk Page 3 of 3 Page 21 of 158 AuBuRN 1YY CAF � \VASH E NGTo Agenda Subject: December 1, 2014 City Council Minutes Department: Administration AGENDA BILL APPROVAL FORM Attachments: 12 -01 -2014 minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: December 15, 2014 Date: December 10, 2014 Budget Impact: $0 Staff: Item Number: CA.B CA.B AUBURN * MORE THAN YOU IMAGINED Page 22 of 158 UBURN WASHINGTON City Council Meeting December 1, 2014 - 7:30 PM Auburn City Hall MINUTES I. CALL TO ORDER A. Flag Salute Mayor Nancy Backus called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call C. 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: Innovation and Technology Operations Manager Ashley Riggs, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Chief of Police Bob Lee, Parks, Arts and Recreation Director Daryl Faber, Community Development and Public Works Director Kevin Snyder, Economic Development Manager Doug Lein, Director of Administration Michael Hursh, Public Affairs and Market Liaison Dana Hinman, and City Clerk Danielle Daskam. 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 ". Mayor Backus read a proclamation declaring Mike Poste as a 2014 Tree Steward and designating the Oregon Myrtle tree at 1008 4th Street NE as a significant tree in Auburn. Mayor Backus introduced Bryce Landrud, Chair of the City's Urban Tree Board, who accepted the proclamation on Mr. Poste's behalf. Mr. Landrud stated the Oregon Myrtle tree could be the largest Myrtle in the State of Washington. According to Mr. Poste, the tree has been located at its current location since the 1940's. Mr. Landrud stated the tree is approximately five and one -half feet in diameter at the ground level and is approximately 40 -50 feet tall and has a spread of about 80 feet wide. Mr. Landrud thanked the City for designating the Oregon Myrtle as a significant tree. D. Agenda Modifications There was no change to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE Page 1 of 7 CA.B Page 23 of 158 A. Public Hearings No public hearing was 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. No one in the audience addressed the Council. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met November 24, 2014. The Committee reviewed Ordinance No. 6543 relating to parking restrictions and Resolution No. 5110 relating to interlocal agreements establishing the Puget Sound Emergency Radio Network System. The next regular meeting of the Municipal Services Committee meeting is scheduled for December 8, 2014. B. Planning & Community Development Chair Holman reported the Planning and Community Development Committee met November 24, 2014. The Committee reviewed Ordinance No. 6542 related to the annual adjustment of school impact fees. The Committee also discussed conversion of the Committee's work matrix to the study session format. The next regular meeting of the Planning and Community Development Committee is scheduled for December 8, 2014. C. Public Works Chair Osborne reported the Public Works Committee met this afternoon at 3:30. The Committee approved final payment for Small Works Project EM1303 for emergency repairs at 2840 Riverwalk Drive. The Committee discussed Ordinance No. 6543 related to parking restrictions, Ordinance No. 6542 relating to school impact fees, the capital project status report, infrastructure projects by others, and the Committee's matrix. The next regular meeting of the Public Works Committee is scheduled for December 15, 2014. D. Finance Chair Wales reported the Finance Committee met this evening at 5:00. The Committee approved claims vouchers and wire transfers in the amount of approximately $3,042,435.00 and payroll vouchers in the amount of approximately $1,732,914.00. The Committee also approved Ordinance No. 6533 adopting the 2015 -2016 Biennial Budget, Ordinance No. 6539 amending the 2013 -2014 Biennial Budget, Resolution No. 5110 relating to interlocal agreements for the creation of the Puget Sound Emergency Radio Network System, a service agreement with VADIS for a litter control program, Ordinance No. 6543 relating to parking restrictions, Resolution No. 5096 Page 2 of 7 CA.B Page 24 of 158 adopting the 2014 King County Regional Hazard Mitigation Plan, and potential study session items. The next regular meeting of the Finance Committee is scheduled for December 15, 2014. E. Les Gove Community Campus Deputy Mayor Wagner reported the Les Gove Community Campus Committee will meet on December 9, 2014. F. Council Operations Committee Deputy Mayor Wagner reported the Council Operations Committee met on November 24, 2014. The Committee reviewed Resolution No. 5012, which relates to the Deputy Mayor selection process. The Committee also received an update on the status of the Independent Salary Commission. G. Junior City Council 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. 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. 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. EM1303, R Street Emergency Repairs Deputy Mayor Wagner moved and Councilmember Peloza seconded to approve the Consent Agenda. The Consent Agenda includes claims and payroll vouchers and final payment for a Small Works contract. C. MOTION CARRIED UNANIMOUSLY. 7 -0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. CA.B Page 3 of 7 Page 25 of 158 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 Councilmember Wales moved and Councilmember Holman seconded to adopt Ordinance No. 6533. Ordinance No. 6533 adopts the 2015 -2016 Biennial Budget. The budget was reviewed in several Council study sessions and public hearings. MOTION CARRIED UNANIMOUSLY. 7 -0 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" Councilmember Wales moved and Councilmember Holman seconded to adopt Ordinance No. 6539. C. Ordinance No. 6539 represents the end of the year budget amendment for the 2013 -2014 Biennial Budget. MOTION CARRIED UNANIMOUSLY. 7 -0 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 Councilmember Holman moved and Councilmember Wales seconded to adopt Ordinance No. 6542. Ordinance No. 6542 relates to the annual adjustment of school impact fees. MOTION CARRIED UNANIMOUSLY. 7 -0 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 Councilmember Peloza moved and Councilmember Osborne seconded to adopt Ordinance No. 6543. MOTION CARRIED UNANIMOUSLY. 7 -0 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 CA.B Page 4 of 7 Page 26 of 158 Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 5096. MOTION CARRIED UNANIMOUSLY. 7 -0 B. Resolution No. 5110 (Peloza /Heid) 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) Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 5110. C. MOTION CARRIED UNANIMOUSLY. 7 -0 Resolution No. 5112 (Wagner /Heid) 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 Deputy Mayor Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 5112. Deputy Mayor Wagner explained the Resolution approves an amendment to the Council Rules relating to the process for selecting the Deputy Mayor. MOTION CARRIED UNANIMOUSLY. 7 -0 City Attorney Heid explained that any member of the City Council may be nominated for the position of Deputy Mayor by a Councilmember. The nomination does not require a second. The Councilmember receiving a majority of the votes cast by the members of the City Council shall be elected Deputy Mayor. The Council rules also provide for a run -off election if no single Councilmember receives a majority vote on the first ballot. Mayor Backus opened nominations for Deputy Mayor for the year 2015. Councilmember Osborne nominated Councilmember John Holman for Deputy Mayor in 2015. Councilmember DaCorsi nominated Deputy Mayor Wagner for Deputy Mayor in 2015. There being no other nomination, nominations were closed. Councilmember Holman was elected Deputy Mayor for the year 2015 with Councilmembers Osborne, Wales, Trout and Holman voting for Councilmember Holman. IX. REPORTS Page 5 of 7 CA.B Page 27 of 158 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 on his attendance at the Pierce County Regional Council meeting where discussion centered on the legislative agenda for the Pierce County delegation. Councilmember Holman reported that several members of the Council attended the National League of Cities (NLC) Conference in Austin, Texas. Councilmember Holman explained the NLC is comprised of 1,845 members cities from 42 states. The goals of NLC are to proactively drive federal policy on behalf of cities on issues that directly impact cities, find city solutions, and build the skills of its members. Based on a survey of its members, the most pressing issues for NLC are transportation, water /sewer infrastructure, and parks and open spaces. Councilmember Holman reviewed the areas where the NLC members believe Congress should take action in the next two years, where Federal leadership is most needed, the areas of most active regional partnerships, and the areas of most active private or public - private partnerships. Councilmember Osborne, a member of the NLC steering committee for the Transportation and Infrastructure Services Committee, spoke regarding the work of the committee and the need for a federal transportation bill. Councilmember Osborne reported the Washington contingent to NLC is a strong component of the NLC. Councilmember Wales, a member of the NLC Human Development Committee, spoke regarding the work of NLC Human Development Committee, which supports education and immigration reform. Councilmember Peloza reported he attended the National League of Cities where he served as chair of the Energy, Environment and Natural Resources Committee for the last time. Councilmember Peloza announced he was elected to the NLC Board of Directors for a two -year term. Mayor Backus wished Councilmember DaCorsi a very happy birthday on December 2nd. B. From the Mayor Mayor Backus reported on a breakfast meeting with representatives from Senator Cantwell's office where discussion focused on federal funding for transportation projects. Mayor Backus also reported on her attendance at the King County Flood Control District Advisory Committee meeting, a Safe Energy Leadership Alliance meeting, and interviews of the Auburn Tourism Board members. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:30 p.m. APPROVED this 15th day of December, 2014. CA.B Page 6 of 7 Page 28 of 158 CA.B NANCY BACKUS, MAYOR Danielle Daskam, City Clerk Page 7 of 7 Page 29 of 158 CA.0 AuBuRN 1YY CAF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: December 3, 2014 Special City Council Meeting Minutes Department: Administration Attachments: 12-3 -2014 minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: December 15, 2014 Date: December 8, 2014 Budget Impact: $0 Staff: Item Number: CA.0 AUBURN * MORE THAN YOU IMAGINED Page 30 of 158 AUBURN €1' LA WASH INGTON Special City Council Meeting December 3, 2014 - 8:00 AM Public Works Maintenance and Operations Building - 1305 C Street MINUTES I. CALL TO ORDER City Councilmembers present: Councilmember Wayne Osborne, Councilmember Bill Peloza and Councilmember Largo Wales. No quorum was present. the tour continued for informational purposes. Officials and staff members present included: staff members present included: Mayor Nancy Backus, Assistant Director of Engineering /City Engineer Ingrid Gaub, Assistant Director of Public Works Operations Randy Bailey, Sewer /Storm Manager Chad Jordison, Water Manager Allen Hunter, Street/Vegetation Manager David Ornsbey, Vegetation Supervisor Erik Cottle, Pump Specialist Dave King, Maintenance Worker II Susan Miller, Cross Connection Specialist Vince Konkler, and Cross Connection Specialist Dave Huhtala. II. DISCUSSION ITEMS A. Tour of Public Works Facilites The tour started at 8:05 a.m. at the Public Works Maintenance and Operations Building. The Council members and staff reviewed the system control room for the City's System Control and Data Acquisition (SCADA) system and reviewed what remote controls and monitoring capabilities the system has. The Council then toured the equipment used to create the salt brine used to treat streets in inclement weather conditions before leaving the Building site. The Council then received a tour of the following facilities: Ellingson Sewer Lift Station, White River Storm Pump Station, Lakeland Hills Water Booster Station /Reservoir 5, Reservoir 6, and the Howard Road Corrosion Control Facility and headworks. The tour ended at the Public Works Maintenance and Operations Building. III. ADJOURNMENT The tour concluded at 10:45 a.m. APPROVED this 15th day of December, 2014. CA.0 NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk Page 1 of 1 Page 31 of 158 CA.D C=ITY or AUBURN \VASHENG`O Agenda Subject: Claims Vouchers Department: Administration AGENDA BILL APPROVAL FORM Attachments: No Attachments Available Administrative Recommendation: Date: December 8, 2014 Budget Impact: $0 Approve claims vouchers. Background Summary: Claims voucher numbers 431473 through 431660 in the amount of $1,337,790.75 and two wire transfers in the amount of $2452.21 and dated December 15, 2014. Reviewed by Council Committees: Councilmember: Wales Staff: Coleman Meeting Date: December 15, 2014 Item Number: CA.D AUBURN * MORE THAN YOU IMAGINED Page 32 of 158 CA.E AuBuRN ITY CAF � \VASHENG`Or, AGENDA BILL APPROVAL FORM Agenda Subject: Date: Payroll Vouchers December 8, 2014 Department: Attachments: Budget Impact: Administration No Attachments Available $0 Administrative Recommendation: Approve Payroll Vouchers Background Summary: Payroll check numbers 535200 through 535233 in the amount of $859,460.56, electronic deposit transmissions in the amount of $1,303,856.97 for a grand total of $2,163,317.53 for the period covering November 27, 2014 to December 10, 2014 Reviewed by Council Committees: Councilmember: Wales Staff: Coleman Meeting Date: December 15, 2014 Item Number: CA.E AUBURN * MORE THAN YOU IMAGINED Page 33 of 158 (Ark' UBURN wAs - IENGTo Agenda Subject: Public Works Project No. C512A Department: Public Works AGENDA BILL APPROVAL FORM Attachments: Budget Status Sheet Bid Tab Vidnity Map Administrative Recommendation: Date: December 9, 2014 Budget Impact: $0 City Council award Contract No. 13 -12, to Gary Harper Construction, Inc. on their low bid of $797,160.00 plus Washington State sales tax of $75,730.20 for a total contract price of $872,890.20 for Project No. C512A, Well 4 Emergency Power Improvements. Background Summary: The purpose of this project is to provide emergency power, upgrade the chlorination system, and install security fencing at the City's Well 4 water facility. Providing a diesel generator for emergency power will ensure that one of the City's primary sources of water will continue to operate in the event electrical power is lost. Upgrading the chlorination system from the existing gas chlorination system to a liquid hypochlorite solution will increase operator safety and improve operations by providing a chlorination system similar to other City water sources. Both the new chlorination system and the generator will be housed in a new building that will be constructed adjacent to the existing building at the Well 4 site. Construction is anticipated to begin in January 2015 and be complete in July 2015. A project budget contingency of $57,850.00 remains in the 430 (Water) fund. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Snyder Meeting Date: December 15, 2014 Item Number: CA.F CA.F AUBURN * MORE THAN YOU IMAGINED Page 34 of 158 CA.F AUBURN * MORE THAN YOU IMAGINED Page 35 of 158 BUDGET STATUS SHEET Project No: C512A Project Title: Well 4 Emergency Power Improvements Project Manager: Seth Wickstrom Initiation Date: Nov 5, 2012 Advertisement Date: Nov 6, 2014 Award Date: O Initiation /Consultant Agreement O Permission to Advertise • Contract Award O Change Order Approval O Contract Final Acceptance Date: December 4, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2013 2014 2015 Total 430 Fund - Water 39,448 172,621 1,166,520 0 1,378,589 Total 39,448 172,621 1,166, 520 0 1,378,589 Estimated Cost (Funds Needed) Activity Prior Years 2013 2014 2015 Total Design Engineering - City Costs 6,850 18,917 26,000 0 51,767 Design Engineering - Consultant Costs 32,598 153,705 31,537 1,051,133 217,839 Construction Contract Bid 0 0 (1,108,983) 872,890 872,890 Authorized Contingency (10 %) 0 0 0 87,289 87,289 Construction Engineering - City Costs 60,000 60,000 Construction Engineering - Consultant Costs 30,954 30,954 Total 39,448 172,622 57,537 1,051,133 1,320,739 430 Water Budget Status * ( #) in the Budget Status Sections indicates Money the City has available. H: \PROJ \C512A -Well 4 Emergency Power \PWCCouncillnfo\Award \Backup (Not Part of Agenda Bill) \Budget 1 of 1 `atFs Sheet.xls 12/4/20 ?4a9EP..' SA 158 Prior Years 2013 2014 2015 Total *430 Funds Budgeted () (39,448) (172,621) (1,166,520) 0 (1,378,589) 430 Funds Needed 39,448 172,622 57,537 1,051,133 1,320,739 *430 Fund Project Contingency() 0 0 (1,108,983) 0 (57,850) 430 Funds Required 0 0 0 1,051,133 0 * ( #) in the Budget Status Sections indicates Money the City has available. H: \PROJ \C512A -Well 4 Emergency Power \PWCCouncillnfo\Award \Backup (Not Part of Agenda Bill) \Budget 1 of 1 `atFs Sheet.xls 12/4/20 ?4a9EP..' SA 158 Project Name: Prepared by: Bid Date: BID TABULATION BID TOTALS SUMMARY C512A, Well 4 Emergency Improvements, Contract 13-12 City of Auburn 11/20/14 ENGINEER'S ESTIMATE: $ 891,355.50 AVERAGE BASIC BID AMOUNT: $ 855,722.26 BASIC BID SPREAD AMOUNT: $ 92,739.30 Basic BID Amount Spread $ Spread % LOW BIDDER: Second Bidder: Gary Harper Construction, Inc. McClure & Sons, Inc. $ 797,160.00 $ 852,905.00 - $94,195.50 - $38,450.50 - 10.57% -4.31% Basic BID (Tax not Included) Gary Harper Construction, Inc $ 797,160.00 SGC General Contractors Non - Responsible McClure & Sons, Inc. $ 852,905.00 Award Construction, Inc. $ 854,265.00 Prospect Construction $ 884,382.00 T. Miller Construction, Inc. $ 889,899.30 Total BID (Tax Included) $ 872,890.20 $ 933,930.98 $ 935,420.18 $ 968,398.29 $ 974,439.73 12/9/2014 (12:15 PM) h: \proj \bidlabs1C512A BT2.xls 1 CA.F Page 37 :of 158 111L% .11r4lal _SS B I I GTON G? 4 -ID BURLINGTON z d BI 6th SE 6th 7th SE 8th ST SE 9thr : 8th 'rW �] 4414,0 4,z RD ST w ST ° ST SE MEI 9th 0) SE LES COVE E• PARK YMCA - SE E-. 10th ST U ul 11th SE 02 12th 13TH SE ") 14th SE U ST hriry WELL 1 19 �M+ y a Oq 15th SE g 16th SE E' 17th PROJECT LOCATION SCE C PL U 21st U r ST SE F C7 � 19th S 18th ST SE 20t 21st SE S w t pp z W 20TH CT t 0 E. CEDAR DR SE 22nd ST SE 22nd 23rd u) ST SE 23 ST SE 23rd ST SE • D / SE MUCKLESHOOT °o 0 0 c7 0 " T S L4 24th ST SE 25th ST SE CASINO 2+11 SE 25th ST SE Ni 26th T SE 225. ST SE 27th ST SE 28th ST 27tn sr SE F th ST SE R PL 4' ROTARY G F S PARK ?., 3 27th Sr SE ?g� 0 SSE RIDGE 25TH ST SE g R7 RNFRWAIK �-I AUBURN GAME FARM 41st rn WELL 3A /3B L 35th ST SE M PL 35TH CT SE E. 0 ST SE 35th 4 A E- 3515 37th ST SE D PL SE DR STUCK C512A: WELL 4 c1TYOF EMERGENCY POWER AUBURN WASHINGTON IMPROVEMENTS PROJECT CA.F VICINITY MAP NOT TO SCALE Page 38 of 158 CA.G AuBuRN 1YY OF � wAs - IENGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Public Works Project No. C524A December 9, 2014 Department: Attachments: Budget Impact: Public Works Budget Status Sheet $0 Vicinity Map Administrative Recommendation: City Council approve Final Pay Estimate No. 25 to Contract No.AG -C -401 in the amount of $22,119.00 and accept construction of Project No.C524A SCADA System Improvements, Consultant and Technology Services. Background Summary: This project upgraded the City of Auburn's Supervisory Control and Data Acquisition (SCADA) System for the City's water, sewer, and storm utilities. The work included design and installation of new telemetry systems, closed circuit television security cameras, and digital interface control systems that improve the City's ability to effectively monitor and manage critical utility infrastructure throughout the City. The project is also constructing physical security improvements such as fences, gates, equipment shelters, and lighting, which are being constructed as a separate construction contract. A total project budget contingency of $29,884.00 remains in the various utility accounts funding this project. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Snyder Meeting Date: December 15, 2014 Item Number: CA.G AUBURN * MORE THAN YOU IMAGINED Page 39 of 158 BUDGET STATUS SHEET Project No: C524A Project Title: SCADA System Improvements Project Manager: Jacob Sweeting Initiation Date: 3/5/2007 Advertisement Date: 3/18/2014 Award Date: 2/22/2011(Tech Contract) Q Final Acceptance d Permision to Advertise Physical Imp O Consultant Agreement Change Order Approval Date: December 9, 2014 Funds Budgeted (Funds Available) Funding 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total 430 Fund - Water 657,779 1,669,604 358,616 588,790 3,274,789 431 Fund - Sewer 329,737 1,044,185 234,409 306,666 1,914,997 432 Fund - Storm 151,347 443,060 145,531 151,489 891,427 431 Fund - Emergency Sewer Repairs 0 0 0 20,000 20,000 Total 1,138,863 3,156,849 738,556 1,066,945 6,101,213 Estimated Cost (Funds Needed) Activity 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total Design Engineering City 14,285 17,150 561 3,329 35,325 Technology Contract 1,107,440 3,065,875 679,219 317,488 5,170,022 Physical Site Security Construction Contract 0 0 0 518,500 518,500 Physical Site Security Contract - Change Order 1 - Emergency Repairs (Sewer) 0 0 0 15,000 15,000 Physical Site Security Contract - Change Order 2 - Additional Fence (Water) 27,469 27,469 Physical Site Security Contract - Change Order 3 - Emergency Repairs (Sewer) 5,000 5,000 Physical Site Security Contract - Change Order 4 - Shelter Modifications (Storm) 10,370 10,370 Remaining Physical Security Imp. Contingency 0 0 0 15,905 15,905 Construction Engineering 17,138 73,824 58,776 124,000 273,738 Total 1,138,863 3,156,849 738,556 979,222 6,013,490 430 Water Budget Status 431 Sewer Budget Status 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *430 Funds Budgeted () (657,779) (1,669,604) (358,616) (588,790) (3,274,789) 430 Funds Needed 657,779 1,669,604 358,616 570,457 3,256,456 *430 Fund Project Contingency ( ) 0 0 0 (18,333) (18,333) 430 Funds Required 0 0 0 0 0 431 Sewer Budget Status 432 Storm Budget Status 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *431 Funds Budgeted () (329,737) (1,044,185) (234,409) (326,666) (1,934,997) 431 Funds Needed 329,737 1,044,185 234,409 322,212 1,930,543 *431 Fund Project Contingency ( ) 0 0 0 (4,454) (4,454) 431 Funds Required 0 0 0 0 0 432 Storm Budget Status * ( # ) in the Budget Status Sections indicates Money the City has available. H: \PROD \C524A- SCADAImp \Budget\C524A BudgetStatusSheet.xls CA. G 1 of 1 Pa 12/912014_ 58 Pag ef 1 2011 (actual) 2012 (actual) 2013 (actual) 2014 Total *432 Funds Budgeted () (151,347) (443,060) (145,531) (151,489) (891,427) 432 Funds Needed 151,347 443,060 145,531 144,392 884,330 *432 Fund Project Contingency () 0 0 0 (7,097) (7,097) 432 Funds Required 0 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. H: \PROD \C524A- SCADAImp \Budget\C524A BudgetStatusSheet.xls CA. G 1 of 1 Pa 12/912014_ 58 Pag ef 1 SCADA Utility Sites - PEASLEY sT RIE tnsT NTTH STREET EMERALD PARK WHITE – MOUNTAIN TBBIEs- C? I VERDAE 167 BRANNAN PARK GREEN RIVER •GREEN RIVER- 022N _ SIRfE RAINIER 4A LEA �SHADOWS HILL Q ' LEA INTERVEI, HILL IN AT,,. Fs _ RAI I ��'j _u 7 RIDGE��II 1f� _ 1 I gj &V\ RIVERSIDE `LEA STREET .si _R jam( SALE WELL STREET-PORTE - -_R I WELL wgfi 11i r BPoUGE ii1�� T IIIM :i. III- �„' son .I �. VALLEY 1` AI WSY II III ; -w• MEADOWS � S EET _I� _ J \ ` ra -I -■�� ELL 1 �I,• s I1!I ! 11,. 18 OPER/1710N COAL CREE ACADEMY CADEMY �x'�omT 2 167 WELL ql —mg vELL M. �� ul 1 ELLINGSONI oIIWROAD WELL :38 WHITE RIVER WILDERNESS GAME FARM ACADEMY ACA MY BB JANSEN I,I ADDITION BRAUNWOOD R� RRAUNWOOD ESTATES RESERVOIR ESTATES LAKELAND HI SLg”' ner. %!J/RI/r • Sewer Siphons p Water Pump Stations _ Auburn City Limits I _I Sewer Pump Stations ® Water Reservoirs Potential Annexation Areas O Stoma Pump Stations b Water Wells CA.G Page 41 of 158 0 1200 2,400 3,600 4,800 6,000 FEET Ptlnteaon:0vi6 /11 ✓ Map ID: 3681 Information shown is for general reference purposes only and does not necessarily represent exact geographic or mrtographic data as mapped. The City of Auburn makes no warranty as to its accuaw. CA.H AuBuRN 1YY OF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Public Works Project No. CP1304 December 9, 2014 Department: Attachments: Budget Impact: Public Works Budget Status Sheet $0 Vicinity Map Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1304, 37th Street & B Street NW Pre - Signal Project, Contract 14 -12. Background Summary: The 37th Street and B Street NW Pre - Signal project will construct a new pre - signal, make modifications to the existing traffic signal, and install advanced railroad pre- emption for the at -grade Burlington Northern Santa Fe (BNSF) rail crossing intersection of 37th St NW and B St NW. This work will also mitigate the impacts from the proposed BNSF third mainline rail anticipated to be constructed in 2014. A project budget contingency of $10,580.00 remains in the 102 — Arterial Street Fund. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Snyder Meeting Date: December 15, 2014 Item Number: CA.H AUBURN * MORE THAN YOU IMAGINED Page 42 of 158 BUDGET STATUS SHEET Project No: CP1304 Project Title: 37th and B Street NW Pre - Signal Project Manager: Jacob Sweeting Initiation Date: 2/19/2013 Advertisement Date: Award Date: (� 2013 Carryforward 0 Permision to Advertise 0 Contract Award O Change Order Approval O Contract Final Acceptance Date:12/9/2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2013 (Actual) 2014 Total 102 Fund - FHWA Grant 0 22,112 285,438 307,550 102 Fund - Arterial Safety Improvements 0 12,310 64,590 76,900 Total 0 34,422 350,028 384,450 Estimated Cost (Funds Needed) Activity Prior Years 2013 (Actual) 2014 Total Design Engineering - City Costs 0 17,819 12,181 30,000 Design Engineering - Consultant Costs 0 16,603 38,397 55,000 Construction Estimate 0 0 163,800 163,800 Construction Contingency (15 %) 0 0 24,570 24,570 BNSF Improvements 59,500 59,500 ROW /Permits 4,500 4,500 Construction Engineering - Consultant Costs 8,000 8,000 Construction Engineering - City Costs 25,000 25,000 State Review 3,500 3,500 Total 0 34,422 339,448 373,870 102 Arterial Street Budget Status * (# ) in the Budget Status Sections indicates Money the City has available. Q.Nr 2OJ \CP1304 -37th & B St NW Pre - Signal \Budget \Budget Status Sheets \37th st & B st BudgetStafu @a% 11Q1f 158 Prior Years 2013 (Actual) 2014 Total *102 Funds Budgeted () 0 (34,422) (350,028) (384,450) 102 Funds Needed 0 34,422 339,448 373,870 *102 Fund Project Contingency () 0 0 (10,580) (10,580) 102 Funds Required 0 0 0 0 * (# ) in the Budget Status Sections indicates Money the City has available. Q.Nr 2OJ \CP1304 -37th & B St NW Pre - Signal \Budget \Budget Status Sheets \37th st & B st BudgetStafu @a% 11Q1f 158 44th ST NW THE co 42nd ST NE /g--1' NW MILL I CREEK 4- co yI ST NW co cri CHICAGO MILWAUKEE ST. PAUL co PACIFIC R R DRIVE 0) H N BURLINGTON NORTHERN R.R. BPLNW 40th ST NE z 1 E-1 37th ST z NE J , Z 35th RI E-, 0) U PROJECT SITE LOCATION NE 30th ST NW 30th Z31st ST ST NE z\ % , a A UB URN MUNICIPAL AIRPORT i%� 28th BRAA ST NE P` o z w z , 24th ST NE z 22nd z ST 1`iE P. 23rdNE z z CO ST, E- NE cij � 17th 18th cT KT-0 CITY OF AUBURN CA.H WASHINGTON 37th St NW and B St NW Pre - Signal Project VICINITY MAP Drawn: January 2013 sc = � @Di NW 1 inch et44 0 CA.I AuBuRN -ITY F WASH o AGENDA BILL APPROVAL FORM Agenda Subject: Date: Public Works Project No. CP1320 December 10, 2014 Department: Attachments: Budget Impact: Public Works Budget Status Sheet $55,738.00 Vidnity map Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1320, Maintenance and Operations Storm Drainage Improvement project. Background Summary: The Maintenance and Operations (M &O) Storm Drainage Improvement project consists of the following improvements at the City's M &O facility located at 1305 C Street SW: • Abandon the existing onsite storm pond and construct new larger storm facilities onsite. • Reconfigure the existing onsite storm drainage system to route into the new storm facilities. • Modify the existing decant facility bays for improved performance. • Construct a new decant facility to allow more material to be decanted. • Pave the driving areas that are currently gravel. Construction of this project is anticipated to start in February 2015 and be complete by late August 2015. A project increase of $110,664.00 within the 430 (Storm) fund may be necessary, however it would not require a budget adjustment since there is money is available in the 430 fund under the 2014 Street Utility Improvement budget. A budget adjustment of $55,738.00 from the 550 (Equipment Rental Fund) may be necessary to fund the project. Reviewed by Council Committees: Public Works AUBURN * MORE THAN YOU IMAGINED Page 45 of 158 CA.I Councilmember: Osborne Meeting Date: December 15, 2014 Staff: Snyder Item Number: CA.I AUBURN * MORE THAN YOU IMAGINED Page 46 of 158 BUDGET STATUS SHEET Project No: CP1320 Project Title: Maintenance & Operations Storm Drainage Improvements Project Manager: Seth Wickstrom Initiation Date: Februrary 18, 2014 Advertisement Date: Award Date: Q Project Initiation / Grant Acceptance ® Consultant Agreement O Permision to Advertise Q Contract Award Q Change Order Approval O Contract Final Acceptance Date: December 9, 2014 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available Funding Prior Years 2014 2015 Future Years Total 430 Water Fund - M &O Facility Expansion 3,698 220,000 3,000 0 220,000 430 Water Fund 15,943 424,054 49,088 0 49,088 431 Sewer Fund - M &O Facility Expansion 0 200,000 1,696,000 0 200,000 431 Sewer Fund - R &R Program* 0 0 40,763 0 40,763 432 Storm Fund - R &R Program ** 19,641 46,000 19,641 432 Storm Fund - Vactor Decant Facility 270,000 40,000 270,000 432 Storm Fund - M &O Facility Expansion 19,641 200,000 1,954,600 0 200,000 432 Storm Fund - Dept. of Ecology Grant 999,400 999,400 550 Equipment Rental - M &O Facility Expansion 270,000 270,000 Total 19,641 1,889,400 89,851 0 2,268,892 * This was a portion of the 2015 annual budget for the Sewer Repair & Replacement Program. ** This was a portion of the 2013 annual budget for the Storm Repair& Replacement Program. Estimated Cost (Funds Needed) Activity Prior Years 2014 2015 Future Years Total Design Engineering - City Costs 3,698 37,000 3,000 0 43,698 Design Engineering - Consultant Costs 15,943 424,054 247,188 0 439,997 Construction Estimate 0 (198,100) 1,696,000 0 1,696,000 Project Contingency (10 %) 0 0 169,600 0 169,600 Construction Engineering - City Costs 46,000 46,000 Construction Engineering - Consultant Costs 40,000 40,000 Total 19,641 461,054 1,954,600 0 2,435,295 430 Water Budget Status 431 Sewer Budget Status Prior Years 2014 2015 Future Years Total **430 Funds Budgeted () 0 (220,000) (49,088) 0 (269,088) 430 Funds Needed 0 21,900 247,188 0 269,088 **430 Fund Project Contingency () 0 (198,100) 0 0 0 430 Funds Required 0 0 198,100 0 0 431 Sewer Budget Status 432 Storm Budget Status Prior Years 2014 2015 Future Years Total **431 Funds Budgeted () 0 (200,000) (40,763) 0 (240,763) 431 Funds Needed 0 19,595 221,168 0 240,763 **431 Fund Project Contingency () 0 (180,405) 0 0 0 431 Funds Required 0 0 180,405 0 0 432 Storm Budget Status 550 Eauiament Rental Budget Status Prior Years 2014 2015 Future Years Total **432 Funds Budgeted () (19,641) (1,469,400) 0 0 (1,489,041) 432 Funds Needed 19,641 393,049 1,187,016 0 1,599,705 **432 Fund Project Contingency () 0 (1,076,351) 0 0 0 432 Funds Required 0 0 1,187,016 0 110,664 550 Eauiament Rental Budget Status ** (# ) in the Budget Status Sections indicates Money the City has available. 'C c8birn12 \building \PROJ \CP1320 -M & 0 Storm Improvements \4.00 City Council- Committee \Permision to Ad (PWC 12- 15 -15) \Backup (Not Part of Agerld CBSS"kleP 158 Prior Years 2014 2015 Future Years Total **432 Funds Budgeted () 0 0 (270,000) 0 (270,000) 432 Funds Needed 0 26,511 299,228 0 325,738 **432 Fund Project Contingency () 0 0 0 0 0 432 Funds Required 0 26,511 29,228 0 55,738 ** (# ) in the Budget Status Sections indicates Money the City has available. 'C c8birn12 \building \PROJ \CP1320 -M & 0 Storm Improvements \4.00 City Council- Committee \Permision to Ad (PWC 12- 15 -15) \Backup (Not Part of Agerld CBSS"kleP 158 600 1200 1-inch = 120 -feet Segale Properties SuperValue 701 15th St SW Location of Existing Storm 000011 Location of New Storm (Jetfoil 1 20 Maintenance ti and Operations. Stothi ainage' Improvement roject Marmon Keystone Corp improvement Existing Decant Facility New Decant ,,; Facility;;: Expansion Storm Facility. Auburn Maintenance and Operations 1305 C St SW Auburn School District (Bus Barn) --' � >I I Auburn Park 1 11 Maintenance GSA Park a I— w wC// U 400 ft,td ` .15th St�SW�-' tr CA -I Page 48 of 158 AuBuRN ITY Cdr • wAs - IENGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: VADIS Service Agreement AG -S -080 December 9, 2014 Department: Attachments: Budget Impact: Finance Agreement $0 Administrative Recommendation: City Council review and approve 2015 -2016 Service Agreement No. AG -S -080 with Vadis. Background Summary: AG -S -080 is a bi- annual service agreement between the City of Auburn and Vadis for a litter control program, beginning January 1, 2015, and ending December 31, 2016. This agreement also includes a recycling pickup program that runs from April to September of each year. The City's current agreement with Vadis is valid through December 31, 2014. The fees for services under this agreement shall not exceed $155,688.00 in 2015 and $159,582.00 in 2016. Vadis is a non - profit corporation that develops employment opportunities for individuals with disabilities. Each litter crew is made up of five specially challenged individuals and a crew supervisor who collect trash and debris along City traveled ways. The contract has been renewed annually since 1991. Vadis Litter Crew Accomplishments: 1) Annually, the litter crews remove 5,000 bags of litter from City traveled ways. 2) The litter crews maintain approximately 85 waste receptacles, 10 ash receptacles (for cigarette butts), and 45 recycling receptacles in the City. 3) The recycling crew maintains 105 recycling containers at the City Parks. 4) The litter crews respond to calls on illegal dumping 3 - 4 times per week. 5) The litter crews also fill sandbags as needed. Reviewed by Council Committees: Finance, Municipal Services Councilmember: Peloza Staff: Coleman Meeting Date: December 15, 2014 Item Number: CA.J CA.J AUBURN * MORE THAN YOU IMAGINED Page 49 of 158 CA.J AUBURN * MORE THAN YOU IMAGINED Page 50 of 158 CITY OF AUBURN AGREEMENT FOR SERVICES AG -S -080 THIS AGREEMENT made and entered into on this day of , 2014, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Vadis, 1701 Elm Street, Sumner WA 98390, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its litter control and recycling program and is in need of services of individuals, employees or firms for litter control and recycling work; and, WHEREAS, the City desires to retain the Provider to provide certain services in connection with the City's work related to litter control and recycling; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above - described work, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services. ") The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services From time to time hereafter, the parties hereto may agree to the performance by the Provider of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Provider's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall control. In all other respects, any Amendment shall supplement and be construed in accordance with the terms and conditions of this Agreement. AG -S -080 cAVVis 'rage Page 51 of 158 3. Performance of Additional Services Prior to Execution of an Amendment The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of the Provider's performance of the requested services. The Provider hereby agrees that it shall perform such services upon the written request of an authorized representative of the City pending execution of an Amendment, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 8 of this Agreement. 4. Provider's Representations The Provider hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. Specific responsibilities of the City are set forth in Exhibit B, which is attached hereto and by this reference made a part of this agreement. 6. Provider's Responsibilities Specific responsibilities of the Provider are set forth in Exhibit B, which is attached hereto and by this reference made a part of this agreement. 7. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 8. Compensation As compensation for the Provider's performance of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit "C" attached hereto and made a part hereof (or as specified in an Amendment). The Provider shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing /claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafter in the normal course, subject to any AG -S -080 cpyis Page 2 of 7 Page 52 of 158 conditions or provisions in this Agreement or Amendment. The Agreement number must appear on all invoices submitted. 9. Time for Performance and Term of Agreement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall terminate on December 31, 2016. 10. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products ") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 11. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 12. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13. Administration of Agreement This Agreement shall be administered by Wayne Perrault, on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Joan Nelson Solid Waste & Recycling Supervisor 25 W Main St Auburn, WA 98001 -4998 Phone: 253 - 876 -1900 E -mail: jenelson @auburnwa.gov VADIS Mary Bushnell Group Employment Manager 1701 Elm Street Sumner, WA 98390 Fax: 253 - 863 -2040 E -mail: mary @vadis.org 14. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, AG -S -080 cpyis Page 3 of 7 Page 53 of 158 return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 15. Insurance The Provider shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. Insurance is to be placed with authorized insurers in Washington State with a current A.M. Best rating of not less than A -: VII. The Provider shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Provider shall take out and maintain in full force and effect the following insurance policies: a. Automobile Liability insurance, covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000.00 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate, and a $2,000,000.00 products - completed operations aggregate limit. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 16. Indemnification The Provider shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Provider, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and /or any of AG -S -080 cAVVis Page 4 of 7 Page 54 of 158 them, or jointly against the City and the Provider and their respective officers, agents and employees, or any of them, the Provider shall satisfy the same to the extent that such judgment was due to the Provider's negligent acts or omissions. 17. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 18. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 19. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 20. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "C" hereof. 21. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship AG -S -080 cAVVis Page 5 of 7 Page 55 of 158 with or exist for the benefit of any third party, including contractors, sub - contractors and their sureties. 22. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 23. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 24. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 25. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 26. Entire Agreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 27. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. AG -S -080 cpyis Page 6 of 7 Page 56 of 158 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN VADIS Nancy Backus, Mayor Attest: Danielle Daskam, City Clerk Approved as to form: Daniel B. Heid, City Attorney AG -S -080 cAVVis Page 7 of 7 Signature Name: Title: Signature Name: Title: Page 57 of 158 EXHIBIT A SCOPE OF WORK The purpose of this Agreement is to contract with the Provider, a non - profit corporation that develops employment for individuals with disabilities, on a two -year clean -up program for the Solid Waste Division. Litter Crew The Provider's Litter Crew shall perform the following: A. Specific Tasks The Provider's Litter Crew will collect and remove litter, trash, and debris from the shoulders of City traveled ways (including but not limited to streets, roads, alleys, paths, and parkways), public parking lots, and other designated areas. An additional supervisor, possessing a "Traffic Control Flagging License" certified by the State of Washington, will perform flagging on the busy streets such as Howard Road, Kersey Way, and Auburn Way South. This additional supervisor will be available two days per month. B. Examination of Work Sites The Provider shall examine all work sites thoroughly before commencing work at the site. It shall be the responsibility of the Provider to verify all the duties, assignments, and job sites. All existing conditions at the job site will be noted and copies with verification noted, given to the City's Solid Waste and Recycling Supervisor on a daily basis. C. Hours • The Provider shall perform tasks to completion between the hours of 8:00 AM and 3:30 PM Monday through Friday. • The Provider shall recognize the same observed holidays as the City with the exception of Veteran's Day. The Provider shall observe Christmas Eve in lieu of Veteran's Day. • The Provider will also take two (2) Floating Holidays per year for staff training. Hill Litter Crew The Provider's Hill Litter Crew shall perform the following: A. Specific Tasks The Provider's Hill Litter Crew shall perform tasks similar to the Litter Crew, but in the Lea Hill and /or West Hill area(s) for a total of 15 hours per week. The Provider will have an additional supervisor, possessing a "Traffic Control Flagging License" certificate by the State of Washington, perform flagging on busy streets such as Lea Hill Rd SE and SE 320th St one day per month. B. Hours The Provider's Hill Litter Crew shall perform tasks to completion between the hours of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday. AG -S -080 Exhibit A CA. JPage 1 of 2 Page 58 of 158 Recycling Crew The Provider's Recycling Crew shall perform the following: A. Specific Tasks The Provider's Recycling Crew shall collect recyclables from the City -owned recycling receptacles and maintain the recycling receptacles in the City of Auburn Parks for a total of 15 hours per week from April to September. The Recycling Crew will be supervised and will bring a second Provider vehicle. B. Hours The Provider's Recycling Crew shall perform tasks to completion between the hours of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday. AG -S -080 Exhibit A CA. JPage 2 of 2 Page 59 of 158 EXHIBIT B RESPONSIBILITIES PROVIDER The Provider shall be responsible for the following: 1. The performance and accomplishment of tasks and work assigned in accordance with paragraph 2 below. 2. The performance of all work as provided in this Agreement with its own employees. Individuals who perform work under this Agreement must be carried on the Provider's payroll. The Provider is responsible for administering and paying employee wages, benefits, and all other employee - related costs. Although the Provider's company headquarters may be located outside of Auburn, Washington, the Provider shall provide a full -time supervisor in the Auburn geographical area who will continuously oversee the Provider's employee work and will have authority to represent the Provider in the day -to -day activities. The Provider supervisor must be trained in traffic control and must possess a "Traffic Control Flagging License" certified by the State of Washington. The Provider will present the supervisor's name, address, and telephone number to the City's Solid Waste and Recycling Supervisor at the beginning of the contract period. 3. The Provider is responsible for the security of facilities where assigned tasks are performed as well as tools, equipment, safety gear, traffic control devices, and any other items which may be supplied by the City for the Provider's use in the performance of contracted duties. No equipment or supplies will be removed from City premises except as required for the performance of assigned duties. 4. The Provider shall supply the City with a quality control system acceptable to the City within ten days of the date of the Agreement. The quality control system shall be a plan specifying how the Provider will accomplish maintaining the level of performance required under this Agreement. Quality control statements shall be provided to the City's Solid Waste and Recycling Supervisor on a monthly basis. 5. The Provider shall supply a motor vehicle to transport its employees to and from the designated work sites. The Provider's vehicle shall be well identified with signs and equipped with safety warning lights, strobe light, and emergency flashers. 6. The Provider shall supply rain gear, foul weather gear, footwear as required, and clothing as needed for its employees. AG -S -080 Exhibit B CA. JPage 1 of 2 Page 60 of 158 7. The Provider shall follow accepted safety practices in the performance of all work. After every work shift of litter clean -up and other assigned tasks and services the following shall be done: the work areas shall be inspected for fire hazards; electrical or power machines and /or equipment shall be turned off; outside doors and windows closed and locked; gates closed and locked and all miscellaneous work tools and equipment shall be inspected and put away. CITY The City shall be responsible for the following: 1. The City shall supply litter bags to the Provider for its use in the collection of litter, trash, and debris. 2. The City shall supply traffic control devices, e.g., signs and traffic cones to the Provider so the Provider can place the traffic devices at work site(s) to protect its employees while performing services under this Agreement. The City shall also provide hard hats and reflective traffic vests. 3. The City shall supply the Provider with all grounds maintenance equipment and hand tools for performing outside grounds maintenance duties under this Agreement. 4. The City shall supply the Provider and its Auburn supervisor a copy of the daily work schedule and any change notices to use as a basic guide for the distribution of work each week. The work schedule may be changed as deemed appropriate by the City and a copy of such changes provided to the Provider and the City. The City shall determine the priority of the various assignments. The City shall verify that all services are satisfactorily performed as scheduled. AG -S -080 Exhibit B CA. JPage 2 of 2 Page 61 of 158 2015 Fee Schedule EXHIBIT C FEE SCHEDULE Monthly Fee # of Months Not -To- Exceed Amount Litter Crew $7,543.00 12 $ 90,516.00 Hill Litter Crew $3,735.00 12 $ 44,820.00 Recycling Crew $3,392.00 6 $ 20,352.00 Total Not To Exceed Amount $ 155,688.00 2016 Fee Schedule Monthly Fee # of Months Not -To- Exceed Amount Litter Crew $7,732.00 12 $ 92,784.00 Hill Litter Crew $3,828.00 12 $ 45,936.00 Recycling Crew $3,477.00 6 $ 20,862.00 Total Not To Exceed Amount $ 159,582.00 AG -S -080 Exhibit C CA. JPage 1 of 1 Page 62 of 158 AuBuRN ITY Cdr • wAs - IENGTo Agenda Subject: Ordinance No. 6545 Department: Public Works AGENDA BILL APPROVAL FORM Attachments: Ord 6545 Administrative Recommendation: Date: December 11, 2014 Budget Impact: $0 Public Works Committee recommend that City Council introduces and adopts Ordinance No. 6545. Background Summary: Ordinance No. 6545 authorizes provides for revision to Auburn City Code Chapter 3.12, Public Contracts. The ordinance includes modifications to contract authorities and processes as discussed with the City Council during the consideration of the Council Study Session format. In addition, these revisions provide clarification of the various bid processes available to the City for completion of public work and their requirements. Staff recommendations during the previous council committee discussions were as follows: 1. Match the various competitive bid limit authorities to the amounts as allowed by current RCW's and any future revisions of the RCW's. 2. Provide for the authority for award of construction contracts by the Director or his /her designee to be in line with State competitive bid limits for projects included in the approved budget. (Competitive bidding is currently required for any public work over $40,000.00 for single trade and $65,000.00 for multiple trade.) Other modifications included in this ordinance include removing requirements on small works contracting procedures that were above and beyond that required by State law. Reviewed by Council Committees: Finance, Public Works Councilmember: Osborne Meeting Date: December 15, 2014 Staff: Snyder Item Number: ORD.A ORD.A AUBURN * MORE THAN YOU IMAGINED Page 63 of 158 ORD.A AUBURN * MORE THAN YOU IMAGINED Page 64 of 158 ORDINANCE NO. 6 5 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.12 OF THE CITY CODE RELATING TO PUBLIC CONTRACTS WHEREAS, the current provisions of the Auburn City Code provide for procedures and requirements related to public contracting; and WHEREAS, many of these procedures and requirements date back to times when state statutes provided markedly different requirements; and WHEREAS, many of these state statutes have been modified from what the City Code calls for, and now provide for requirements more favorable to city contracting needs; and WHEREAS, It would be appropriate to amend the City Code sections to accommodate the statutory revisions and updated bid limits; and WHEREAS, with any revisions, it would be advantageous to make the processes as flexible as would be permitted under state law and to accommodate contracting needs that fall below the level of required competitive bidding; and WHEREAS, it would also be advantageous to allow department director discretion to address the award of bids falling below competitive bid requirements so as to allow work projects to commence in a more timely fashion. Ordinance No. 6545 December 11, 2014 Page 1 ORD.A Page 65 of 158 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Amendment to City Code. Chapter 3.12 of the City Code is amended to read as follows: Chapter 3.12 PUBLIC CONTRACTS Sections: 3.12.010 Definitions. 3.12.0113.12.020 Formal advertisement requiredBid solicitation. 3.12.020 3.12.030 Bid opening. 3.12.040 Rejection of bids. 3.12.0223.12.050 Disqualification of bidders. 3.12.060 Award. 3.12.070 Contractor's bond. 3.12.0253.12.080 Contractor evaluation form. 3.12.0303.12.090 Small works roster established. 3.12.032 Establishment of small works roster. 3.12.031 Procedure for utilization of small works roster. 3.12.0363.12.100 Limited public works process jam. 3.12.038 Posting of small works roster awards. 3.12.110 On Call Contracting 3.12.0503.12.120 Publication and printing, and notices. -.c- _ _ _ - -- 3.12.010 Definitions. The following definitions shall apply throughout this chapter: A. "Public works project" shall be as defined in RCW 39.04.010, as currently enacted or hereinafter amended. include all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the city. All public works, including maintenance, when performed by contract shall comply with the provisions of RCW 39.12,029. A "public workproject" shall include all scope of work necessary to result in a complete operating facility. The total scope of work necessary will not be subdivided for the purpose of avoiding public bidding. B. "Contract" shall mean a contract in writing for the execution of public work for a fixed or determinable amount duly awarded in conformance with this code. after For statutory provisions requiring public bidding on certain public contracts of second, third and fourth class cities, see RCW 35.23.352; for provisions making RCW 35.23.352 applicable to code cities, see RCW 35A.40.200 and 35A.65.010.Prior legislation: 1957 code § 1.30.030 and Ords. 3689 and 4327. Ordinance No. 6545 December 11, 2014 Page 2 ORD.A Page 66 of 158 works roster under the authority of RCW 39.04.155 need not be advertised. C. "Improvements" refers to a public work. D. " "Responsible Bidder" means a contractor who meets the criteria in RCW 39.04.350 and the requirements of ACC 3.12.050.(Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.011 3.12.020 Bid Solicitation A. Formal advertisement required. Except as otherwise authorized in RCW 39.04 and 39.28 or 35.23.352, relating to emergency public works, or other applicable general state law, as now enacted or as hereafter amended, all public work and improvements shall be done by contract pursuant to public notice and call for competitive bids whenever the estimated cost of such public work or improvement, including the cost of materials, supplies, equipment and labor will exceed the limits for competitive bid as stated in RCW 35.23.352 as now enacted or as hereafter amended, provided the city may use a small works roster pursuant to RCW 35.23.352. Where formal bidding is required, aA call for bids shall be issued in accordance with the provisions herein before any contract is let for the performance of any public work' used. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.020 B. Formal aAdvertising procedures. For projects requiring formal advertisement per ACC 3.12.020, aA notice of a call for bids, stating the nature of the contract to be let and the time on or before which sealed bids for the same must be filed with the city clerk, shall be given by posting notice thereof on the bulletin board in the lobby of City Hall. The notice shall also be published in the official newspaper, ander a newspaper of general circulation most likely to bring responsive bids, at least 13 days prior to the last date upon which bids will be received. The notice shall generally state the nature of the work to be done, where the that-plans and specifications may be seen or obtainedthereof shall then be on file in the City Hall for public inspection, and a specified hour and date when such bids shall be opened, and that the sealed bids be filed with the city clerk within the time specified therein. The clock within the city clerk's office shall be the official time used for determining receipt of bids. C. Council approval Issuance of solicitations for bids shall require City Council consent approval unless the solicitation is for a project identified in the city's current approved budget at the time of bid solicitation or if the estimated contract amount is within the budget authority of the Mayor as provided in ACC 3.10. Ordinance No. 6545 December 11, 2014 Page 3 ORD.A Page 67 of 158 D. For projects not required to be formally advertised, the city shall issue an invitation to bid, request for quote or other form as determined appropriate by the city engineer and in accordance with the requirements of RCW 39.04.155. 3.12.030 Bid opening A. For projects utilizing a formal advertisement process per ACC 3.12.020, bids shall be opened and publically read aloud by the city clerk at the time and location as set forth in the contract advertisement. B. For projects not utilizing a formal advertisement process, the city engineer shall determine whether a public reading of the bids is required and indicate this in the invitation to bidders or request for quote documents. 3.12.040 Rejection of bids The city shall have the power to reject any or all bids, to determine and to waive any irregularities or informalities that do not materially affect the substance of the bid itself, and to make further calls for bids in the same manner as the original call; or, if in its judgment the project can be done by the city at less cost than the lowest bid submitted, it may do so without making further call for bids or awarding any contract therefor. If no bid is received on the first call, the city may re- advertise and make a second call, or may enter into a contract by negotiation without further calls, or may purchase the supplies, material or equipment and perform such work or improvement with in -house forces. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.022 3.12.050 Disqualification of bidders. A bidder may be deemed not responsible and the proposal rejected, unless contract terms specify otherwise, if: A. The bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.351(1) as it is now or as amended; or Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; or C. The bidder, in the opinion of the city, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a requalification of the bidder; or P-.D. An unsatisfactory performance or safety record exists based on past or current contracting work for the city or for others, as judged from the standpoint of conduct of the work; workmanship; or progress; affirmative action; equal employment opportunity practices; termination for cause; of disadvantaged business enterprise, minority business enterprise, or woman's business enterprise utilization; or E. An unsatisfactory safety record exists based on past or current contracting work; or G-F. There is uncompleted work, with the city or others, which in the opinion of the city might hinder or prevent the prompt completion of the work bid upon; or D. A bidder is not prequalified for the work or to the full extent of the bid; Ordinance No. 6545 December 11, 2014 Page 4 ORD.A Page 68 of 158 E.G. The bidder failed to settle bills for labor or materials on past or current contracts, unless there are extenuating circumstances acceptable to the city; or H. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract, unless there are extenuating circumstances acceptable to the city; or 1. The bidder is unable, financially or otherwise, to perform the work, in the opinion of the city; or 1-J. A bidder is not authorized to do business in the state of Washington; or t-K. More than one proposal is submitted for the same project by a bidder under the same or different names; or L. Any other reasons deemed proper by the city. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.060 Award For contracts greater than the bid limits as provided in RCW 35.23.352 as now enacted or as hereafter amended, the city council shall award the contract to the lowest responsible bidder. For contracts less then the bid limits provided in RCW 35.23.325 as now enacted or as hereafter amended, the director or his /her designee shall have the authority to award the contract. 3.12.040 3.12.070 Contractor's bond. Whenever the city shall contract with any person or corporation to do any work, the city shall require the person or persons with whom such contract is made to make, execute, and deliver to the city clerk a sufficient bond, with a surety company as surety, conditioned that such person or persons shall faithfully perform all the provisions of such contract and pay all laborers, mechanics, subcontractors and material suppliers, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work. Said security company in accordance with RCW 39.08.010 shall be bound by the laws of the state of Washington and subject to the jurisdiction of the state of Washington. The provisions of RCW 39.08.010 through 39.08.030 shall not apply to any money loaned or advanced to any such contractor, subcontractor or other person in the performance of any such work. For contracts using the limited public works process, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 8234 that may be due from the contractor for the limited public works project; however, the city shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The city engineer shall have the authority to waive the payment and performance bond requirements and retainage requirements based on his /her evaluation of the project and determination of risk. Ordinance No. 6545 December 11, 2014 Page 5 ORD.A Page 69 of 158 On contracts of $00035,000.00 or Tess, upon mutual agreement, the city may, in lieu of the bond, retain 50 percent of the contract amount for a period of /15 30 days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue, Employment Security Department, and the Department of Labor and Industries receipt of all affidavits of wages paid for the prime and sub- contractors, and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. NOTE: See RCW 39.08.010.) 3.12.0253.12.080 Contractor evaluation form. After work is performed by a contractor, the inspector, project manager, and contract administrator for the project shall evaluate the Contractor's work performance as to certain criteria but not limited to the following • = - - • - - ' - -. A. Progress of the Work, including: 1.A- The ability, capacity and skill of the contractor to perform the work; 2g. Whether the contractor performed the work promptly and within the time specified without delay or interference; BG. Quality of the work- eafformed; C. Equipment; D. Administration /Management /Supervision; E. Coordination and Control -of Subcontractors; FD. Whether the contractor provided a safe working environment for his /her employees and the general public; G. Whether the contractor stood behind his /her service or work performed. A copy of the contractor evaluation form will be sent to the contractor if requested. The contractor evaluation form may be used by the city to determine whether or not the contractor is a responsible bidder who should be considered for further public works projects. (Ord. 4924 § 3, 1997.) 3.12.090030 Small works roster established- A. The city need not comply with formal sealed bidding procedures for construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed the current statutory limit in RCW 39.04.155, which includes the costs of labor, material, equipment, and sales and /or use taxes as applicable. Instead, the city may use the small works roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. B. Number of small work rosters. The city may create a single general small works roster. or may create a small works roster for different specialties or categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. Ordinance No. 6545 December 11, 2014 Page 6 ORD.A Page 70 of 158 C. Contractors on small works roster(s) The small works roster shall consist is herein authorized to utilize a construction of all responsible contractors who have requested to be on the roster and who are, and where required by law are; properly licensed or registered—a4s1-14ecided to perform contracting work in the state of Washington. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable licenses, certificates, registrations, bonding, insurance, or other appropriate matters on file with the City as a condition of being placed on a roster or rosters. The city reserves the right to exclude a contractor from the roster if they are deemed to be not responsible or to remove a contractor from the roster at such time as the city becomes aware of specific facts that would deem the contractor to be not responsible. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.032 roster. D. Publication of small work rosterEstablishmont of small works • •0 hed as follows: 1. At least once a year, the city shall publishad_vertise in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. the update of the small works roster. Responsible contractors The city shall be added to an appropriate the roster or rosters at any time that they submit a written request and necessary records. roster- 2. The city will utilize the statewide electronic database developed and maintained by the Municipal Research and Services Center of Washington (MRSC Rosters) or successor agency. A. In order to bo includod on the roster, contractors shall supply information in response to a standard questionnaire which shall include the following: 1. The contractor's state license and /or registration, where required by law; - - e ; 3. The contractor's claims history, safety record, financial history, bond forfeiture and construction litigation history, and ability to meet insurance requirements; 4. The contractor's experience, organization and technical qualifications necessary to perform proposed contracts; 5. The contractor's insurance coverage and bond; 6. The contractor's history of jobs performed for public agencies, including references. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.4 E. Quotations for Procedure for utilization of small works roster projects. Ordinance No. 6545 December 11, 2014 Page 7 ORD.A Page 71 of 158 follows: The city shall obtain telephone, written of electronic quotations for public works contracts from contractors on the appropriate small works roster(s) to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010, RCW 39.04.350, and ACC3.12.050, as follows: 1. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. The paragraph does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Quotations may be invited from all appropriate contractors on the appropriate small works raster(s). As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster(s) who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. 3. Far the purpose of this section, "equitably distribute" means that the City may not favor certain contractors on the appropriate small works roster(s) over other contractors on the appropriate roster(s) who perform similar services. At the time bids are solicited, the city shall not inform a contractor of the terms or amount of any other contractor's bid for the same project. 4. A written record shall be made by the City of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. B. When the small works roster is utilized, the city shall provide an demonstrate an interest. C. The invitation to the contractor on tho small works roster shall include an When awarding a contract for work under the small works roster, the city provided, however, that the city reserves its right under applicable law to reject any or Ordinance No. 6545 December 11, 2014 Page 8 ORD.A Page 72 of 158 works director shall have the authority to award the contract. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.0363.12.100 Limited public works processprojects. If a work, construction, alteration, repair, or improvement project is estimated to cost less than $35,000.00, or the current statutory limit in RCW 39.04.155(3),8 accordance with RCW 39.01.155, the city may award such a contract using the limited public works process provided under 39.04.155(3).for work, construction alteration, repair, or improvement projoct(s) estimated to cost less than $35,000 using the limitod . e Public works projects awarded under the limited public works process are exempt from the other requirements of the small works process provided under ACC 3.12.090934. For limited public works projects, the city shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the contractor submitting tho lowest responsible bidder, as defined under RCW 39.04.010, RCW 39.04.350, and ACC 3.12.050.; provided; hewever, to waive procedural irrogularities. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the city may waive the payment and performance bond requirements on chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the city shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The city shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. (Ord. 5866 § 1, 2004.) 3.12.110 On Call Contracting The city may use job order contractor as described in RCW 39.10.420 and following the procedures as identified in RCW 39.10. • When the city utilizes the small works roster procedure as established in ACC • Ordinance No. 6545 December 11, 2014 Page 9 ORD.A Page 73 of 158 . (Ord. 4924 § 3, 1997.) 3.12.0503.12.120 Publication, and printing, and notices. The city shall comply with the requirements of state law for publication, printing and notices Chapter 35A.65 RCW entitled "Publication and Printing" as now exists or hereafter amended and relating to all public printing for the city and the publication of legal notices by the city. (Ord. 4581 § 2, 1992.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. 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 and on January 1, 2015. INTRODUCED: PASSED: APPROVED: ATTEST: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk Ordinance No. 6545 December 11, 2014 Page 10 ORD.A Page 74 of 158 APPROVED AS TO FORM: iel B. Hei•, City Attorne PUBLISHED: Ordinance No. 6545 December 11, 2014 Page 11 ORD.A Page 75 of 158 AuBuRN ITY Cdr • \VASHENG`Or, Agenda Subject: Ordinance No. 6546 Department: City Attorney AGENDA BILL APPROVAL FORM Attachments: Ord 6546 Administrative Recommendation: Date: December 3, 2014 Budget Impact: $0 City Council adopt Ordinance No. 6546. Background Summary: Because some of the fees that are proposed to be included in the fee schedule (to be amended by resolution number 5114) are currently addressed in the city code, with the inclusion of those fees in the fee schedule, it is appropriate for the code sections that would otherwise have addressed those fees to be amended to reflect movement of fees to the fee schedule. (This ordinance would not need to be adopted if those fees were not included in the fee schedule.) Reviewed by Council Committees: Finance, Municipal Services, Planning And Community Development, Public Works Councilmember: Wales Meeting Date: December 15, 2014 ORD.B Staff: Heid Item Number: ORD.B AUBURN * MORE THAN YOU IMAGINED Page 76 of 158 ORDINANCE NO. 6 5 4 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13.36.040, 13.36.230, 20.04.020, 20.04.120, 20.06.020, 20.06.100, 20.06.130 AND 20.06.180, OF THE AUBURN CITY CODE RELATING TO THE CITY OF AUBURN FEE SCHEDULE WHEREAS, the City of Auburn fees are, generally, set forth in a Fee Schedule ; and WHEREAS, postseason the city are set forth in the fee schedule, but several specific fees are still located in city code sections; and WHEREAS, it would be prudent and appropriate to take some of the remaining fees currently set forth in the city code and move those fees to the fee schedule, so that all fees are generally found in one place; and WHEREAS, such a change would require an Ordinance to amend the sections of the City Code where fees were set or identified, if those fees were to be included in the City of Auburn Fee Schedule. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section1. Amendment to City Code. That Section 13.36.040 of the Auburn City Code be and the same hereby is amended to read as follows: 13.36.040 Franchise — Application requirements. An applicant for an initial franchise to construct, operate, and maintain a cable communication system within the city shall file an application in a form prescribed by the city, accompanied by a nonrefundable franchise applicationfil- fee in the amount to be determined by the city set forth in the City of Auburn fee Schedule. Ordinance No. 6546 December 10, 2014 Page 1 of 8 ORD.B Page 77 of 158 Section 2. Amendment to City Code. That Section 13.36.230 of the Auburn City Code be and the same hereby is amended to read as follows: 13.36.230 Franchise fee. A franchisee shall pay to the city quarterly, on or before the thirtieth day of each January, April, July and October, in a sum as set forth in the Auburn Fee Schedule. Such remittances shall be accompanied by forms furnished by the city to report detailed information as to the sources of such income. (Ord. 4625 § 2, 1993.) Section 3. Amendment to City Code. That Section 20.04.020 of the Auburn City Code be and the same hereby amended to read as follows: 20.04.020 Public way agreement applications. Any person that desires a public way agreement pursuant to this title shall file an application with the city which shall include the following information: A. The identify of the applicant, including all affiliates of the applicant; B. A description of the commercial utility or telecommunications services that are or will be offered or provided by the applicant using its facilities; C. A description of the transmission medium or transporting means that will be used by the applicant to offer or provide such telecommunications or utility services; D. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city all in sufficient detail to identify: 1. The location and route requested for applicant's proposed facilities; 2. The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route; 3. The location(s), if any, for interconnection with the utility or telecommunications facilities of other utility or telecommunications carriers, operators, and providers; and 4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate; E. If applicant is proposing to install aboveground and /or overhead facilities: 1. Evidence that surplus space is available for locating its utility or telecommunications facilities on existing utility poles along the proposed route; 2. Proof of compliance with city's zoning code; and 3. Demonstrate compatibility with existing and future street illumination systems; F. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify: Ordinance No. 6546 December 10, 2014 Page 2 of 8 ORD.B Page 78 of 158 1. The excess capacity currently available in such ducts or conduits before installation of applicant's utility or telecommunications facilities; 2. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's utility or telecommunications facilities; 3. Evidence of ownership or a right to use such ducts or conduits; G. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways: 1. The location proposed for the new ducts or conduits; and 2. The excess capacity that will exist in such ducts or conduits after installation of applicant's utility or telecommunications facilities; H. A preliminary construction schedule and completion date; 1. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the utility or telecommunications services, including, but not limited to, evidence that the applicant has registered with the Washington Utilities and Transportation Commission; J. All deposits or charges required pursuant to this title; K. Proof of ability to meet city's bonding requirements in ACC 12.24.050 when the applicant does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed and proof of ability to meet security requirements in ACC 20.10.240 through 20.10.260; L. A copy of an Auburn business license stamped and signed by the business license clerk, as designated by the mayor; and M. A nonrefundable application fee in the amount as set forth in the Auburn Fee Scheduleof$500.00. (Ord. 5897 § 22, 2005; Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 4. Amendment to City Code. That Section 20.04.120 of the Auburn City Code be and the same hereby is amended to read as follows: 20.04.120 Renewal of public way agreements. A provider that desires to renew its public way agreement in effect under this chapter for an additional term not to exceed five years shall, not more than 180 days nor less than 120 days before expiration of the public way agreement in effect, file an application, which is determined as complete in accordance with ACC 20.04.030, with the city for renewal which shall include the following: A. The information required pursuant to ACC 20.04.020; B. Any information required pursuant to the public way agreement between the city and the grantee; C. All deposits or charges required pursuant to this chapter; and D. A nonrefundable application fee of $75.00 as set forth in the Auburn Fee Schedule. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Ordinance No. 6546 December 10, 2014 Page 3 of 8 ORD.B Page 79 of 158 Section 5. Amendment to City Code. That Section 20.06.020 of the Auburn City Code be and the same hereby is amended to read as follows: 20.06.020 Franchise applications. Any person who desires a telecommunications or a commercial utility franchise pursuant to this title shall file an application with the city public works department which, in addition to the information required by ACC 20.04.020, shall include the following: A. Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising; B. An accurate map showing the location of any existing utility or telecommunications facilities in the city that applicant intends to use or lease so that the city can keep track of various systems using the public way(s) to prevent interference between the users; C. A description of the services or facilities that the applicant will offer or make available to the city and other public, educational and governmental institutions, if any; D. A description of applicant's service, access and line extension policies; E. The area or areas of the city the applicant desires to serve and an initial schedule for build -out to the entire franchise area; F. The applicant's intended means and methods of providing service and whether shared use of other utility poles or conduits is envisioned; G. All fees, deposits or charges required pursuant to this chapter; H. Such other and further information as permitted by federal and state law as may be requested by the city; I. Proof of ability to meet city's bonding requirements in ACC 12.24.050 when the applicant does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed and proof of ability to meet security requirements in ACC 20.10.240 through 20.10.260; J. A copy of an Auburn business license stamped and signed by the business license clerk, as designated by the mayor; and K. A nonrefundable application fee in the amount of $2,500as set forth in the Auburn Fee Schedule. (Ord. 5897 § 23, 2005; Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 6. Amendment to City Code. That Section 20.06.100 of the Auburn City Code be and the same hereby is amended to read as follows: 20.06.100 Franchise fees in addition to utility taxes. Revenue derived directly or indirectly from sources within the city shall be subject to applicable utility taxes as of the time of commencement of such operations. Franchise fees shall be in addition to any utility tax, but shall be collectible only to the extent as then allowed by law, and in no event may the combined utility tax and Ordinance No. 6546 December 10, 2014 Page 4 of 8 ORD.B Page 80 of 158 1 franchise fee exceed - - - - - - - - -the amount permitted by law. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 7. Amendment to City Code. That Section 20.06.130 of the Auburn City Code be and the same hereby is amended to read as follows: 20.06.130 Renewal of franchise. A franchisee that desires to renew its franchise under this chapter for an additional five -year term shall, not more than 240 days nor less than 180 days before expiration of the franchise in effect, file an application, which is determined as complete in accordance with ACC 20.06.030, with the city for a renewal of its franchise which shall include the following: A. The information required pursuant to ACC 20.06.020; B. Any information required pursuant to the franchise agreement between the city and the franchisee; C. All deposits or charges required pursuant to this chapter; D. A nonrefundable application fee in the amount-of-S-540,00 as set forth in the Auburn Fee Schedule. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 8. Amendment to City Code. That Section 20.06.180 of the Auburn City Code be and the same hereby is amended to read as follows: 20.06.180 Compensation for use of public ways. A. The city finds that the public ways to be used by commercial utilities and carriers and operators in the operation of telecommunications systems within the boundaries of the franchise are valuable public properties, acquired and maintained by the city at great expense to its taxpayers, and that the grant of use of said public ways is a valuable property right, without which grantees and franchisees would be required to invest substantial capital in public way costs and acquisitions; therefore, grantees and franchisees shall pay the city as a general compensation for the use of the public way during each year of the term of a franchise a franchise fee as determined by city council, not to exceed six percent of gross revenues for each quarter of each calendar year. Franchisees shall pay the franchise fee mandated by this chapter but the city acknowledges and understands that such amount (and any other fees, assessments, or taxes imposed on franchisees not described in ACC 20.06.180(E)) shall appear as a line item on the bill sent to, and shall be collected from, the subscribers; provided further, that the compensation required from any telecommunications operator or carrier engaged in the "telephone business," as defined in RCW 82.04.065 shall be consistent with RCW 35.21.860. B. Annual Franchise Fee Adjustments. The initial annual franchise fee percentage shall be the amount permitted by law four and one half percent of gross revenues unless and until it is further adjusted by city council. Any such adjustment Ordinance No. 6546 December 10, 2014 Page 5of8 ORD.B Page 81 of 158 shall occur at least 60 days before any subsequent annual anniversary date. Any adjustment shall become effective on the subsequent annual anniversary date. C. Quarterly Payment. Franchisees shall forward by check wire transfer an amount equal to this quarterly payment by the fifteenth day of the second calendar month immediately following the close of the calendar quarter for which the payment is calculated. D. Late Payment. In the event any quarterly payment is made after noon on the date 10 days after the date due, franchisees shall pay a late payment penalty of the greater of: 1. Twenty -five dollars; or 2. Simple interest at a 12 percent annual percentage rate on the total amount past due. EC. Fees and Compensation Not a Tax. The fees, charges and fines provided for in this title and any compensation charged and paid for the franchisee's use of the city's public ways, whether "fiduciary or in kind," are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from a commercial utility, telecommunications carrier, operator, or provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of utility or telecommunications services. FD. Ruling of Unenforceability. The compensation required from any commercial utility, telecommunications carrier, operator, or provider shall be as provided by law. In the event any franchise fee shall be held unenforceable by a court of law which has jurisdiction over the city, franchisees shall pay the equivalent amount paid in franchise fees as a city utility tax which, shall be applied retroactively to time periods during which the franchise fee was determined to be unenforceable. GE. Quarterly Report. In order to properly determine the gross revenues received by franchisees, the franchisee shall on the same date that each quarterly payment is made, file with the director of finance a sworn copy of a report, in a form acceptable to the city, in sufficient detail to itemize revenues from each of the revenue categories. The city may, if it sees fit and at its own expense, have the books and records of franchisees examined by a representative of said city to ascertain the correctness of the reports agreed to be filed herein. Neither the acceptance of any payment nor any subsequent review shall be deemed an agreement by the city that the correct payment was paid, absent a fully authorized written release by the city on any such payments or on such reports. Any necessary prorations shall be made in the first and last year of each term of the franchise. Any city request for access to books and records shall be allowed by the franchisee at reasonable times and for reasonable purposes. Such information shall be held in strict confidence by the city as allowed by law and used only for the purpose stated herein. 14F. Recalculation at End of Compensation Year. At the end of each calendar year, franchisees shall recalculate the total general compensation actually due. If additional amounts are due the city by franchisee, said amounts shall be paid by the fifteenth day of February following the calendar year during which such amounts were originally due. If amounts are found to be due the franchisees by the city, said amounts Ordinance No. 6546 December 10, 2014 Page 6of8 ORD.B Page 82 of 158 shall be credited by the fifteenth day of February during which such amounts were originally due. Any necessary prorations will be made. 1G. Taxes are Not to Be a Credit. The compensation paid under this franchise shall be exclusive of and in addition to all special assessments and taxes of whatever nature which are applicable to all other persons or entities doing business within the city, including, but not limited to, ad valorem tax, sales tax, corporate or business occupation taxes or other taxes or fees imposed or levied by any governmental entity. 4H. Utility Tax Liability — Franchise Fees. Revenues derived directly or indirectly from sources within the city shall be subject to applicable utility taxes as of the time of commencement of such operations. Franchise fees shall be in addition to any utility tax, but shall be collectible only to the extent as then allowed by law, and in no event may the combined utility tax and franchise fee exceed six percent of gross revenues in accordance with RCW 35.21.870. Franchise fees, if applicable, shall be levied on a nondiscriminatory basis. 141. Rights of City. Payment of money under any franchise shall not in any way limit or inhibit any of the privileges or rights of the city, except insofar as city's privileges or rights are expressly limited or inhibited by the terms of a franchise. 1J. Annual Report. Franchisees shall file annually with the director of finance no later than 90 days after the end of franchisee's fiscal year, an unaudited statement of revenues (for that fiscal year just ended) attributable to the operations of the franchisee's telecommunications system, within the city pursuant to the franchise agreement. The statement shall present a detailed breakdown of gross revenues and uncollectible accounts for the year. The city may, if it sees fit, have such report audited by an independent certified public accountant of its choosing. If the audit reveals an underpayment error in payment by franchisees of more than five percent, then franchisees shall pay for the costs of the audit. If the audit reveals an error in payment of five percent or less, the city shall pay the costs of the audit. The report will summarize those accounts reconciled to be within the franchise area by the city's quarterly review. MK. Circumventing Payments. Any transaction(s) which have the effect of circumventing payment of the required franchise fees and /or evasion of payment of franchise fees or any payments due the city under a franchise by noncollection or nonreporting of gross revenues, bartering, or any other means which evade the actual collection of revenues for business pursued by franchisees are prohibited. NL. Best Rates. As allowed by applicable law, part of the compensation to the city for the grant of any telecommunications franchise, the city shall be entitled to obtain subscriptions, at the city's discretion, to the communications service at franchisee's lowest comparable rate applicable to any government body or municipality of the state of Washington. In addition, city shall be entitled to franchisee's lowest comparable rate applicable to any governmental body or municipality of the state of Washington for purchase and /or lease, should the city determine to purchase and /or lease, equipment or modems applicable to government bodies or municipalities in the state of Washington for purposes of accessing the communications service. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Ordinance No. 6546 December 10, 2014 Page 7 of 8 ORD.B Page 83 of 158 Section 9. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 10. Severabilitv. 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 11. 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: ATTEST: Danielle E. Daskam, City Clerk APPROVED AS 0 FORM: I B. Held, ity Attorne Published: Ordinance No. 6546 December 10, 2014 Page 8 of 8 ORD.B APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR Page 84 of 158 AuBuRN ITY Cdr • wAs - IENGTo Agenda Subject: Ordinance No. 6547 Department: City Attorney AGENDA BILL APPROVAL FORM Attachments: Ord 6547 Administrative Recommendation: Date: December 3, 2014 Budget Impact: $0 City Council adopt Ordinance No. 6547. Background Summary: The current provisions of the City Code provide for some fees to be identified and treated as indicated in the code. However, there is sometimes a need for flexibility to be provided (to the parks director) so that programs can be presented when they might not otherwise be able to proceed. For instance, if a program has a certain minimum number of participants, and failing to meet that number means the program cannot go forward, it would be advantageous for the city to adjust the costs, if that will work, to bring in more participants so that the program can move forward, so long as the ultimate product is consistent with budgeting parameters and program needs. Additionally, in order for the city to attract events such as a golf tournament, for instance, it may be prudent to adjust some fees so that the program can go forward and the city facilities can be more beneficially utilized. Reviewed by Council Committees: Finance, Municipal Services, Planning And Community Development, Public Works Councilmember: Wales Meeting Date: December 15, 2014 ORD.0 Staff: Heid Item Number: ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 85 of 158 ORDINANCE NO. 6 5 4 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.68 OF THE AUBURN CITY CODE RELATING TO PARKS AND RECREATION FEES WHEREAS, the City Council previously enacted Ordinance 4406, establishing certain Parks and Recreation fees, which Ordinance has been subsequently amended; and, WHEREAS, the City Council also adopted a Fee Schedule by resolution, which allows for the fees contained therein to be updated in a more timely and efficient manner; and, WHEREAS, it would provide more clarity to staff and the public if all of the fees were established in one place; i.e., the Fee Schedule; and, WHEREAS, the Director of Parks and Recreation, with the recommendation of the Parks Board, recommend that the Director be given, within specific policy guidance, the authority to modify fees in order to respond to market conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 3.68 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 3.68 CITY PARKS AND RECREATION FEES Sections: 3.68.010 Authorization. Ordinance No. 6547 December 3, 2014 Page 1 of 7 ORD.0 Page 86 of 158 3.68.020 3.68.030 3.68.040 Advertisement of fees.Special promotional and marketing activities. € sioncWaiver of fees for individuals or groups. Standards for setting fees and chargesExperimental rates. 3.68.010 Authorization. A, The director of parks and recreation is authorized to picnic shelters and ball fields. Such fees shall be busod on policios established charge the fees and charges for the use of city recreation programs and facilities, including but not limited to, classes, performances, leagues, senior center activities, buildings, picnic shelters and ball fields as set forth the City's Fee Schedule or as published by the Department from time to time. B. The Director is also authorized to waive or reduce such fees, establish experimental rates, and engage in special promotional and marketing activities as conditioned in Sections 3.68.020 through 3.68.040 hereof. (Ord. 4406 § 1, 1990.) 3.68.020 Advertisement of fees Special promotional and marketing activities. A. The Director is authorized to undertake special promotional and marketing activities for the use of departmental facilities. A waiver or reduction from the established fees for special promotional or marketing purposes shall comply with the following five (5) criteria: 1. The waiver or reduction of the fee shall accord with sound management practices for municipal facilities of like character. It shall fulfill a declared objective furthering a departmental purpose such as acquainting the public with the facility or the service provided by the department, thereby establishing or broadening public usage; reaching out to people who would not otherwise make use of the facility; or securing advertising, services or other benefits from a sponsor or those attending. 2. The promotion and the fee waiver or reduction shall appear appropriate to the City's facility. It should avoid the appearance of a City endorsement or approval of a private product, service, or activity; the use of public facilities for electoral purposes prohibited by RCW 42.17A.555; or the granting of special privileges to a particular portion of the populace. 3. The promotion and attendance under the waiver or lower charge shall respect the use and enjoyment of the facility by people paying the established fee. In addition, those attending under the promotion should have an opportunity to use and enjoy the facility, without overcrowding. 4. Waivers or reduced fees shall be treated as special or extraordinary occurrences. Their frequency and extent, in aggregate, shall not have the effect Ordinance No. 6547 December 3, 2014 Page 2of7 ORD.0 Page 87 of 158 of subverting the established fee schedule through a multiplicity of special rates or by inducing the public to anticipate and defer usage of a facility in order to take advantage of recurrent promotions. 5. The opportunity to sponsor an arrangement shall be made available to individuals, associations, and businesses, similarly situated, on an equal basis, in accord with and subject to the Department's policies and procedures. B. The circumstances when special promotions and marketing conditions are available shall be defined in the Department's policies and procedures. (Ord. 4406 § 2, 1990.) 3.68.030 Exclusions Waiver of fees for individuals or groups. fees are excluded from this chapter. A. The Director may waive or reduce an entry, use or program fee for an organization, association, group of individuals, or an individual, and authorize the supervisor of a facility to do so, irrespective of any special promotion or event whenever: 1. Such a waiver vindicates a constitutional right guaranteed by the First Amendment to the United States Constitution through its Fourteenth Amendment or Article I, Section 3 of the Washington Constitution; 2. The user provides services or assistance to the Department in lieu of the fee that would otherwise apply, or provides in -kind services or leaves improvements to the facility that offset the reduced fee revenue; 3. The user is poor or infirm or is a charitable organization assisting the poor or infirm, and charging the fee would have the effect of depriving the user or its clients of reasonable access to the facility or of opportunity to participate in a public event, and would cause hardship or directly reduce the assistance such organization provides to the poor or infirm; 4. The user is an organization serving the public or the community, lacks its own facility as a result of a calamity or other temporary distress, and the temporary use of the City's facility would allow the organization to continue providing service to the public or community. Such temporary use shall not exceed 90 days without further authorization from the City Council; 5. Another government requests use of the facility for a public purpose; or the use is granted under a reciprocal use of facilities agreement with another municipal government; 6. Free admission to the facility furthers a departmental purpose, e.q., the person is a volunteer for a department- sponsored or co- sponsored event, participates in an athletic event for public spectators, or enters in connection with a work assignment or to assist a concessionaire or as a parent or guardian to assist the Department in the instruction or care of a minor or ward or; B. In determining whether a fee should be waived or reduced, the Director shall be guided by the benefit to the public and the Department when granting the request, the frequency and amount of usage requested, the effect on and fairness to other users, its consistency with policies underlying the fee schedule Ordinance No. 6547 December 3, 2014 Page 3of7 ORD.0 Page 88 of 158 and this chapter, and the consequences of denying the request. (Ord. 4406 § 3, 1990.) 3.68.040 Experimental rates. facilities and for participation in parks and recreation programs shall be in A. Recreation Program Fees. charged an entry fee to cover part time staff, supplies, facility use, offi ciafs /umpiros and a 25 percent aistrative charge. B. Senior Center Program Fees. mileage and the senior center mileage fee schedulo. _ "' - -- --.: Of e: -: instructor and /or college fees, material costs, lab fees, and field trip center. 4. Hike and sports team travel foos will be charged according to uniforms not covered by team sponsorships. 6. Senior adult charges for food cooperative items shall, over the course of 7. Senior adult special meal ticket foes will, over the course of the year, cover the cost of food and beverage items, supplies and appropriate entertainment fees 8. Pop machine fees will cover the cost of pop and machine lease. cost of coffee and supplies over the course of the year. 10. "Live Embers" program brochure subscription fees will cover tho cost of- postage- 11. Congregate Meals and Home Delivered Meals on Wheels suggested Ordinance No. 6547 December 3, 2014 Page 4 of 7 ORD.0 Page 89 of 158 C. Arts and Community Event Fees. The arts commission shall location, sponsorship and grant funding. If a foe is to be chargod, tho arts commission will recommend a fee to cover the cost of the event expenses based on projected attendance. D. Developmentally Disabled Program Fees. The fee charged for E. Facility /Equipment Rental Fees. 2. Department sponsored youth, senior, arts commission performances 3. Upon written request and approval of the park board, the Auburn School District, Green River Community College, Auburn Jr. Football, Auburn maintenance is required, a fee will be charged to cover expenses. program fee or $2.00, whichever is greater. Drop in recreation programs and 2. Capital Improvement Fee. a. A capital improvement fee will be charged to all adult programs which use city owned athletic facilities; i.o., ball diamonds, soccer fields, football fields, for league or tournament play. b. A fee will also be charged to nondepartment sponsored leaguos or organizations which use departmont owned facilities, unless otherwise approved programs. 3. Refund Fee. A fee may be charged to individuals requesting refunds for more than 100 percent of the fee paid. G. Program Sponsorship Fees. Sponsorship may be solicitod from H. Low Income Fee Policy. 1. General Policies. Ordinance No. 6547 December 3, 2014 Page 5of7 ORD.0 Page 90 of 158 i. The "United States Department of Agriculture Child Nutrition Program Income Guidelines," as they currently exist or as they may be amended in tho future, will be used as the basis for estalalishing the family income guidelines. on the most current quarter. 100 percent, 75 percent, 50 percent and 25 percent funding levels qualifying c. Funding under this policy will only apply to Auburn parks and recreation department sponsored activities. city of Auburn. general fund.) 3. Adult Policies. a. An applicant over 17 years of age may receive funding if money b. An applicant over 17 years of age may receive funding for one activity a The city will determine the amount of the low income fee reduced fee rate or activity rogictration foe and the low income fee reduced fee rate or discount prior to participation The director is authorized to adiust a fee or charge for any particular facility on a temporary basis of up to one calendar quarter, or for a single season for a particular sport/activity in order to increase public attendance or usage and the resulting revenues. Temporary rates may take the form of special price during a special time. (Ord. 5765 § 1, 2003; Ord. 5056 § 2, 1998; Ord. 4428 § 1, 1990; Ord. 4406 § 4, 1990.) 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. Ordinance No. 6547 December 3, 2014 Page6of7 ORD.0 Page 91 of 158 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ATTEST: Danielle E. Daskam, City Clerk Heid, y- Attorney Published: Ordinance No. 6547 December 3, 2014 Page 7 of 7 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS MAYOR ORD.0 Page 92 of 158 AuBuRN Irk' OF � \VASHENG`O Agenda Subject: Resolution No. 5114 Department: City Attorney AGENDA BILL APPROVAL FORM Attachments: Res 5114 Administrative Recommendation: Date: December 3, 2014 Budget Impact: $0 City Council adopt Resolution No. 5114. Background Summary: Every year it is appropriate for the City Council to consider adjustment of fees that the city charges for the upcoming year. The fee schedule attached includes the proposed /recommended fee schedule changes submitted for consideration by the department directors of the various departments that are requesting changes to the current fee schedule. The fee schedule also adds some things that had previously not been included in the fee schedule but should be so that there is only one place a person needs to go to look for the schedule of fees for the City of Auburn. Reviewed by Council Committees: Finance, Municipal Services, Planning And Community Development, Public Works Councilmember: Wales Meeting Date: December 15, 2014 RES.A Staff: Heid Item Number: RES.A AUBURN * MORE THAN YOU IMAGINED Page 93 of 158 RESOLUTION NO. 5 1 1.4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY OF AUBURN FEE SCHEDULE TO ADJUST FOR 2015 FEES WHEREAS, in connection with the municipal functions and operations of the City of Auburn, the City provides various services, a number of which entail fees; and WHEREAS, the City Council provided for the adoption of a Fee Schedule with the passage of Ordinance 5707; and WHEREAS, in the course of reviewing City fees, and in keeping with the philosophy of setting City fees in amounts reflective of actual costs, and in further keeping with the intent to make City fees and charges consistently accessible, it is appropriate to review and -amend the fees and charges for City applications and activities for which fees are charged to adjust for changes to be effective January 2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. The City of Auburn Fee Schedule is hereby amended as set forth in the attached "Exhibit A" and Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon and on January 1, 2015. Resolution No. 5114 December 2, 2014 Page 1 of 2 RES.A Page 94 of 158 Dated and Signed this day of , 2014. ATTEST: Danielle E. Daskam, City Clerk Daniel B. Heid, City At orne Resolution No. 5114 December 2, 2014 Page 2of2 CITY OF AUBURN NANCY BACKUS, MAYOR RES.A Page 95 of 158 CITY OF AUBURN FEE SCHEDULE FEES FOR CITY PERMITS, LICENSES, PUBLICATIONS, AND ACTIONS Effective January 1, 2015 1 A. PLANNING FEES (Per Ordinance No. 5707, Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797, Resolution No. 3953, Resolution No. 4070, Resolution No. 4117, Resolution No. 4143, Ordinance No. 6077, Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276, Resolution No. 4552, Ordinance No. 6295, Resolution No. 4868, Resolution No. 4880, Resolution 4964, 1 Ordinance 6477, and- Resolution No. 5016 and Resolution 5114.) 1Y: Application, :Fees . Applicaticns= for' ,any' action::ielentified b!� w:shall :" ndt be: accepted' ,'fcr filing, :unless ^otherwise` noted, ° °until the efees Vi per `the 'below schedule have been;<paid to =the' Additional Meeting Fee (beyond the specified number) $259 per meeting Additional Re- submittal Fee (covers one re- submittal for all land use actions) $63 per re- submittal Address Assignment $104 per address Administrative Use Permits (covers 1 meeting with staff after which additional meeting fees apply) $880 Appeal of Administrative Decision to Hearing Examiner'' 6 $1,000 Binding Site PIan2 (covers 2 meetings with staff after which additional meeting fees apply) $1,139 + $62 /lot Boundary Line Adjustment': Residential Non - Residential (includes mixed use projects) $518 $854 Boundary Line Elimination' $500 Comprehensive Plan Map Amendments3 (covers 2 meetings with staff after which additional meeting fees apply) $2,070 (includes rezone application fee) Comprehensive Plan Text Amendments3 (covers 2 meetings with staff after which additional meeting fees apply) $1,000 Conditional Use Permits'' 6 (covers 2 meetings with staff after which additional meeting fees apply) Residential All Other (includes mixed use projects) $1,000 $2,000 Conditional Use Permits4 — Minor Adjustment (covers 1 meeting with staff after which additional meeting fees apply) Residential All Other (includes mixed use projects) $414 $554 Critical Areas Review: 1 Please note that the City of Auburn may collect a review fee on behalf of the Valley Regional Fire Authority for certain land use and /or environmental reviews which fee is collected in addition to the City's required fees. 2 Per Auburn City Code, a modification to an approved binding site plan shall be processed in the same manner as the original binding site plan approval. Therefore, the specified fee shall apply to a new or modified binding site plan approval request. 3 Fees for amendments to text or maps of the Comprehensive Plan apply only where an applicant seeks an amendment affecting specific properties rather than the City generally or property within the City generally. 4 Per Auburn City Code, a major adjustment to an approved conditional use permit shall be processed in the same manner as the original conditional use permit approval. Therefore, the specified fee shall apply to a new request for conditional use permit approval or a request for a major adjustment to a previously approved conditional use permit approval. RES.A Page 96 of 158 On -site monitoring & reporting (required) of wetlands & other environmentally sensitive areas Critical Areas Reasonable Use Determination City review of environmental studies, plans or reports (whether submitted with another city application or not and includes one re- submittal) Critical Areas Variance — administrative Critical Areas Variance — hearing examiner'' 6 $300 /monitoring event $259 $259 /study, plan or report $259 $1000 Current Use Taxation (covers 1 meeting with staff after which additional meeting fees apply) $800 Development Agreement — Amendment $2,200 + $60 /lot or dwelling unit Downtown Urban Center Design Review (covers 1 meeting with staff after which additional meeting fees apply) $1,139 Environmental Review (covers 1 meeting with staff after which additional meeting fees apply) SEPA Checklist review' (includes City issuance of DNS, MDNS, or DS as appropriate) Revised or Supplemental SEPA Checklist review' (includes City issuance of Addendum, if appropriate) SEPA 3rd Party Review $802 + $259 /required study $350 + $259 /required study Actual costs Environmental Impact Statement $802 + actual costs for preparation of draft & final statements including labor, materials, mailing & other actual costs relating to the drafting & circulating of the EIS. Final Plats — Subdivisions (covers 2 meetings with staff after which additional meeting fees apply and 1 re- submittal) $1,533 + $52 /lot Final Plats — Short Plats (covers 1 meeting with staff after which additional meeting fees apply and 1 re- submittal) $750 + $25 /lot Flexible Development Alternatives Application Review (covers 1 meeting with staff after which additional meeting fees apply and 1 re- submittal) $1,139 Hearing Examiner — Conduct of Hearing and Preparation of Decisions Total hourly charge for hearing examiner plus associated expenses to be paid by applicant prior to issuance of final decision Floodplain Development Permit $259 5 For monitoring required over multiple years, the total monitoring fee for the required monitoring period shall be paid prior to final plat approval or issuance of Certificate of Occupancy or release of required financial security. The total cost for the Hearing Examiner is in addition to the relevant application fee for applications requiring a public hearing before the Hearing Examiner (e.g. conditional use permit). Page 1 2 RES.A Page 97 of 158 Floodplain Habitat Impact Assessment Report Review $250 Floodplain Habitat Mitigation Plan Review $250 Combined Floodplain Habitat Assessment/Mitigation Plan Review $500 City Acknowledgement Review of FEMA Flood Map Revision Application $100 Mining Permits (covers 3 meetings with staff after which additional meeting fees apply) $3,623 Miscellaneous Administrative Decisions (i.g. sign area deviation, written interpretations, administrative variances) $500 Multi - Family /Mixed Use Design Standards Compliance Review (application covers 1 meeting with staff after which additional fees apply) $1,139 Plan Alteration or Vacations (application covers 1 meeting with staff after which additional fees apply) $1,000 /request Plat Modification (application covers 1 meeting with staff after which additional fees apply) $1,000 /request Preliminary Plats — Subdivisions'' s (application covers 3 meetings with staff after which additional fees apply) $3,000 + $120 /lot Preliminary Plats — Short Plats' (application covers 1 meeting with staff after which additional fees apply) $1,449 + $60 /lot Preliminary Site Plan Review (non -PUD) (application covers 1 meeting with staff after which additional fees apply) $1,035 Pre - application Meeting (application covers 1 meeting with staff after which additional fees apply) $259.00 — fee will be applied towards any related application made w /in 6 months of the date the pre - application meeting was held. PUD — Major Adjustment' (application covers 2 meetings with staff after which additional fees apply) $2,558 Public Notice Boards: 2' x 4' public notice board 4' x 4' public notice board $80 $136 Rezone (map amendment)s $1,760 School Impact Fee Collection:9 Per Single Family Dwelling Unit Per Multi- Family Dwelling Unit $52 $26 Shoreline (application covers 1 meeting with staff after which additional fees apply): Shoreline Exemption Determination Shoreline Conditional Use Permit6 Shoreline Substantial Development Permit6 Shoreline Variances $215 $1,139 $1,139 $1,139 ' A prior City Code amendment eliminated Planned Unit Developments (PUD). The PUD fees included herein are applicable only to the existing previously approved PUDs. 8 Application fee covers 2 meetings with staff after which additional meeting fees apply. 9 The City collects an application fee to cover the reasonable cost of administration of the school impact fee program. Page 13 RES.A Page 98 of 158 Short Plat Modification (application covers 1 meeting with staff after which additional fees apply) $259 /requested modification Sign Permit10 $100 Site Plan Approval – PUD, Residential° (application covers 1 meeting with staff after which additional fees apply) $1,139 + $62 /lot or unit Site Plan Approval - PUD, Non - residential° (application covers 1 meeting with staff after which additional fees apply) $1,139 + $62 /lot or unit Special Home Occupation Permits $259 Three -Party Outside Utility Extension Agreement - Site Specific Review (application covers 1 meeting with staff after which additional fees apply) $1,035.00 + plus the City's actual costs in performing under the terms of the agreement as negotiated between the parties Type I Temporary Use Permit $96 + $48 per extension request Type II Temporary Use Permit $144 + $48 per extension request Variance' (inclusive of Special Exceptions): Per each residence on a single family lot All other $259 $575 Water /Sewer Certificate' (outside of city limits for other than single- family) $311 Zoning Certification Letter: Residential Non - Residential (includes mixed use development) $52 $104 Zoning Code Text Amendment (application covers 1 meeting with staff after which additional fees apply) $1,035 BOOKS `MAPS, MATERIALS ° <: (pursuant:;to =Resolution,— b 3953) -, Comprehensive Plan Cost of Production Downtown Plan Cost of Production Downtown Plan Appendices Cost of Production Copies of Codes and Ordinances Cost of Production Maps Cost of Production 3 ; LAND:CLEARING, GRADING° AND` FILLING. FEES` (Per „ Ordinance No:= 61'46; Resolution 1” o.;! 4272: and °Resolu;tion, No: 4424;)= Land Clearing: Base Fee (for up to 1 acre) 1 to 5 acres Over 5 acres $311 Base Fee + $114 /acre Base Fee + $83 /acre Grading and Filling Fees: Base Fee (for up to 500 cubic yards) 500 to 250,000 cubic yards Over 250,000 cubic yards $311 Base Fee + $0.12 /cubic yard Base Fee + $0.02 /cubic yard 10 The City collects an application fee to cover the reasonable cost of zoning compliance review in addition to the building permit application fee identified in Table 1 -A, below. 11 Prices for printed materials do not include any taxes. Page 14 RES.A Page 99 of 158 E4R-M- T. 5;: rinance .581.9;- Resolution No.,' "3.773, ., �.�,.!,- .= BUI..... . FEES p'e'r:. finance 57 2 Resolution'No _3797, Resolution.No i 38'18,: ,,:-:.,:,,i.,4,..:.!-„.. eluto:� 3953, Resolution,�N o: 4.143,.: gfOrdlnance No. 6:1 .6 Resolution >No: 4272'and'_Resolution, No:,44 a. Building Permit Fees: The fee for each International Building Code, International Residential Code, Washington State Energy Code or Washington State Indoor Air Quality Code building permit shall be as set forth in Table 1 -A, below.12 Table 1 -A BUILDING PERMIT FEES TOTAL VALUATION FEE $1 00 to $500.00 $32.00 $501.00 to $2,000.00 $32.00 for the first $500.00 plus $6.00 for each additional $100 00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000 00 $114.00 for the first $2,000.00 plus $18.60 for each additional $1,000 00, or fraction thereof, to and including $25,000 00 $25,001.00 to $50,000.00 $544 00 for the first $25,000 00 plus $14 00 for each additional $1,000.00, or fraction thereof, to and including $50,000 00 $50,001.00 to $100,000.00 $903 00 for the first $50,000.00 plus $10.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,397.00 for the first $100,000.00 plus $9.00 for each additional $1,000 00, or fraction thereof, to and including $500,000 00 $500,001.00 to $1,000,000.00 $4,912.00 for the first $500,000.00 plus $8.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000 00 $1,000,000.00 and up $8,769.00 for the first $1,000,000 00 plus $6 00 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours $63.00 per hour (minimum charge — two hours) 2. Reinspection fees assessed under provisions of Section 109.4.13 .... $63 00 per hour 3. Inspections for which no fee is specifically indicated $63 00 per hour (minimum charge — one half hour) 4. Additional plan review required by changes, additions or revisions to plans .. .. $63 00 per hour (minimum charge — one half hour) 5. For use of outside consultants for plan checking and inspections, or both . Actual costs FOOTNOTES: I Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2 Actual costs include administrative and overhead costs. b. Mechanical Permit Fees: The fee for each permit issued under provisions of the International Mechanical Code, International Fuel Gas Code, NFPA 54 (National Fuel Gas Code), NFPA 58 (Liquefied Petroleum Gas Code), or the mechanical device provisions of the International Residential Code shall be as set forth in Table 2 -A, below. For new single - family dwellings a flat rate permit fee of $185.00 may be charged in lieu of fees as prescribed in Table 2 -A. Table 2 -A MECHANICAL PERMIT FEES Permit Issuance and Heaters: 1 For the issuance of each mechanical permit ... ........ $26.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled $9 00 Unit Fee Schedule (Note: The following do not include permit- issuing fee.) 1. Furnaces: 12 Please note that the City of Auburn may collect a review fee for the Valley Regional Fire Authority for certain permit applications that is collected in addition to the City's required fees. Page 1 5 RES.A Page 100 of 158 For the installation or relocation of forced -air or gravity -type fumace or bumer, including ducts and vents attached to such appliance up to and including 1000,000 Btu/h (29.3kW) $18.00 For the installation or relocation of forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3kW) $22.00 For the installation or relocation of each floor furnace, including vent $18.00 For the installation or relocation of each suspended heater, recessed wall heater or floor- mounted unit heater $18.00 2. Appliance Vents: For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit .. $9 00 3. Repairs or Additions: For the repair of, the alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code $16.00 4. Boilers, Compressors and Absorption Systems: For the installation or relocation of each boiler or compressor to and including 3 horsepower (10 6 kW) or each absorption system to and including 100,000 Btu/h (29.3 kW) $18.00 For the installation or relocation of each boiler or compressor over 3 horsepower (10.6kW) to and including 15 horsepower (52.7 kW),or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW) $31.00 For the installation or relocation of each boiler or compressor over 15 horsepower (52.7kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (146.6kW) to and including 1,000,000 Btu/h (293.1kW) $41.00 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293 1 kW) to and including 1,750,000 Btu/h (512.9 kW) $62.00 For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1.750.000 Btu/h (512.9 kW) . $102.00 5. Air Handlers: For each air handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L /s), including ducts attached thereto $12.00 Note: This fee does not apply to an air - handling unit which is a portion of a factory- assembled appliance, cooling system, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. For each air - handling unit over 10,000 cfm (4719 L /s) $22.00 6. Evaporative Coolers: For each evaporative cooler other than a portable type $12.00 7. Ventilation and Exhaust: For each ventilation fan connected to a single duct $9.00 For each ventilation system which is not a portion of any heating or air - conditioning system authorized by a permit $12.00 For the installation of each hood which is served by a mechanical exhaust, including the ducts for each hood $12.00 8. Incinerators: For the installation or relocation of each domestic -type incinerator . $22.00 For the installation or relocation of each commercial or industrial -type incinerator .. $18.00 9. Miscellaneous: For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories or for which no other fee is listed in the table $12.00 Other Inspections and Fees: 1 Inspections outside of normal business hours, per hour (minimum charge -- two hours) $63.00 2. Reinspection fees assessed under provisions of Section 109 4 13 .... $61.003. Inspections for which no fee is specifically indicated, per hour (minimum charge -- one -half hour) $63 00 3. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge -- one -half hour) $63 00 * Or the total cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. c. Plumbing Code Permit Fees: For new single - family dwellings a flat rate permit fee of $185.00 may be charged in lieu of fees as prescribed in Table 3 -A. Page 1 6 RES.A Page 101 of 158 Table 3 -A PLUMBING PERMIT FEES Permit Issuance: 1. For issuing each permit .... 2. For issuing each supplemental permit ... Unit Fee Schedule (in addition to items 1 and 2 above): 1. For each additional plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefore) 2. For each building sewer and each trailer park sewer 3. Rainwater systems - per drain (inside building) . 4. For each water heater and/or vent 5. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen -type grease interceptors functioning as fixture traps .... 6. For each installation, alteration or repair or water piping and /or water treatment, each 7. For each repair or alteration of a drainage or vent piping, each fixture ...... 8. For each lawn sprinkler system on any one meter including backflow protection devices therefore 9. For atmospheric -type vacuum breakers not included in item 12. 1 to 5 over 5, each 10. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller over 2 inch (51 mm) diameter 11. For initial installation and testing for a reclaimed water system 12. For each annual cross - connection testing of a reclaimed waster system (excluding initial 13 For each medical gas piping system serving one to five inlet(s) /outlet(s) for a specific gas 14. For each additional medical gas inlet(s) /outlet(s) ... Other Inspections and Fees: I. Inspections outside of normal business hours .... 2. Reinspection fee 3 Inspections for which no fee is specifically indicated 4 Additional plan review required by changes, additions or revisions to approved plans (minimum *Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater equipment, hourly wages and fringe benefits of all the employees involved. $24.00 ... ... $12.00 $9.00 $19 00 .. $9.00 $9.00 $9.00 .... $9 00 ....... $9.00 $9.00 $6.00 .... $2.00 ... ... $9:0933.00 $17.0041.00 ...... ... .. .. $35.00 test) $35.00 $57 00 ........ $6.00 ........ $63.00 ........ $63 00 $63 00 charge - one -half hour) $63.00 This cost shall include supervision, overhead, Fees: Permit fees shall be assessed in accordance with this section. Fees specified shall be adjusted for inflation each year based upon the Seattle Consumer Price Index. Fees shall be rounded down to nearest whole dollar. Appeal Fees: The fee for appeals of codes adopted pursuant to ACC Chapter 15 shall be $110.00 plus total hearing examiner costs. Plan Review Fees: When submitted documents are required by Section 106.3 of the Construction Administrative Code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1 -A. The plan review fees specified in this section are separate fees from the permit fees and in addition to permit fees. Temporary Certificate of Occupancy Fees: There shall be a fee equal to ten percent of the building permit fee for issuance of a temporary certificate of occupancy. ' 5. -.ADMINISTRATIVE PROCEDURES`ANDAMISCELLANEOUS INSPECTIONS:- In addition to . any, otherifees,specified inthis chapter there sha,ll:be,a.fee'schedule.for certain:.' ''administrative;'procedures no,otherw se included as >set::forth?inuthe following schedule of ..... ..... Adult Family Home Inspection $160 Demolition, permit and inspections Per Table 1 -A Relocation (pre- inspection) Per Table 1 -A Housing Inspection Actual City Cost, minimum $21 Change of Use Per Table 1 -A Sign Permits Unless except by Ch. 18.56 ACC, the fee shall accompany Page 17 RES.A Page 102 of 158 B. ENGINEERING AND PUBLIC WORKS DEPARTMENT FEES 1. Transportatwiqmpa.ct; Fee Rate Schedule':. "(Per :Ordinance -No: 5763 as (amended 6y. ;:Resolution. No . 3953, ; Ordinance: No ;:6005 Resolution No:;` 4103_ ; Resolution No:' 4424, and, .rw•s4,�zvnsi,.'f �. ,h +� ��.- ':.!•z .Y;.�'•2.. .: �'-.:' - p'i'ej'. esolution ;4'964fand;Resolutior► Ala- .4 :.��.. ,�,�;. , each application for a sign permit. The amount of the fee shall be based upon the value of the sign pursuant to Table 1 -A. 6 w'RENTAL HOUSING, ''BUSINESS LICENSE::FEES Per Resolution.No., 4601-01 No: `; 5882 ,'- 'Resolution;='Noo.;>4272, Resolution." No :.f�4424t'and:Ordinance'6477):, , = „ . a. The fee for a license to operate rental housing businesses in the City, as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the total number of units as follows: One to four dwelling units Five to 24 dwelling units Twenty -five or more dwelling units Communal residence $53 /year $106 /year $212 /year $150 /year b. The fee for a license to operate rental housing businesses in the city shall be for the license year from January 1 to December 31, and each applicant must pay the full fee for the current license year or any portion thereof during which the applicant has engaged in the operation of rental housing businesses. c. The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5.10 of the Auburn City Code (ACC); provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5.05 and 5.10 of the Auburn City Code (ACC). d. Notwithstanding the provisions of sub - section (1) of this section, the fee for operating rental housing facilities for any single individual, partnership, corporation or entity shall not exceed $424.00 per license period. For the 2010 calendar year only, rental housing business license renewals shall be valid for the period July 1, 2010 to December 31, 2010 subject to the payment of one -half of the specified fee. For the 2011 calendar year and subsequent calendar years, rental housing business license renewals shall be for the period January 1 through December 31. B. ENGINEERING AND PUBLIC WORKS DEPARTMENT FEES 1. Transportatwiqmpa.ct; Fee Rate Schedule':. "(Per :Ordinance -No: 5763 as (amended 6y. ;:Resolution. No . 3953, ; Ordinance: No ;:6005 Resolution No:;` 4103_ ; Resolution No:' 4424, and, .rw•s4,�zvnsi,.'f �. ,h +� ��.- ':.!•z .Y;.�'•2.. .: �'-.:' - p'i'ej'. esolution ;4'964fand;Resolutior► Ala- .4 :.��.. ,�,�;. , Land Use ITE Land Use Code Independent Variable Trip Rate Non - Downtown Fee Rate Downtown Fee Rate industrial General Light Industrial 110 sf /gfa 0.97 $6436.03 - General Heavy Industrial 120 sf /gfa 0.68 $5- 054.74 - Industrial Park 130 sf /gfa 0.85 $5- 645.29 - Manufacturing 140 sf /gfa 0.73 $4.844.54 - Mini- Warehouse /Storage 151 sf /gfa 0.26 $1-591.49 - Page l 8 RES.A Page 103 of 158 Land Use ITE Land Use Code Independent Variable Trip Rate Non - Downtown Fee Rate Downtown Fee Rate Residential Single - Family (detached) 210 du 1.00 $3,611.363,413.48 $2,919.502,764.92 Multi - Family 23� du 0.62 $27386,652 237.30 $1,933.191,812.21 Mobile Home 240 du 0.59 $1,718.721,611.17 $637.09597.22 Senior Housing 252' du 0.27 $786.53737.31 - Lodging Hotel 310 room 0.60 $2,196.932,340.68 $2,022.521,895.95 Motel 320 room 0.47 $1,, 955. 931 833.53 - Recreational Movie Theater 445 seat 0.08 $162.72152.53 $120.11112.88 Health Club 493' sf /gfa 3.53 $8:548.01 $6425.92 Institutional Elementary School 520 student 0.15 $212.2•198.96 $157.06147.23 Middle School /Jr. High 522 student 0.16 $359. 56337.06 $266.07249.42 High School 530 student 0.13 $490:4375.29 $296.25277.71 Church 560 sf /gfa 0.55 $2.121.99 $1.571.47 Day Care Center 565 sf /gfa 12.34 $19.2618.05 $11.2513.36 Library 590 sf /gfa 7.30 $9-689.08 $7.176.72 Medical Hospital 610 sf /gfa 0.93 $3.873.63 $3442.94 Asst. Living, Nursing Home 254, 620 bed 0.22 $640- 88600.77 - Office General Office 710, 715, 750 sf /gfa 1.49 $7.126.67 $4.844.54 Medical Office 720 sf /gfa 3.57 $13.3712.54 $998.52 Post Office 732 sf /gfa 11.22 $11.8813.95 $10.12949 Retail Free Standing Discount Superstore 813 sf /gla 4.35 $6- 846.42 $5. 064.75 Free Standing Discount Store 815 sf /gla 4.98 $9:-938.47 $186.26 Hardware /Paint Store 816 sf /gla 4.84 $6.315.94 $494.39 Shopping Center 820 sf /gla 3.71 $5455.02 $3- 963.71 Car Sales - New 841 sf /gla 2.59 $9.929.30 $7.346.88 Page 1 9 RES.A Page 104 of 158 Car Sales - Used N/A space 0.28 $1,072.021,004.93 $793.29743.65 Automobile Parts 843 sf /gla 5.98 $6:-035.65 $4.464.18 Sales Tire Store 848 sf /gla 4.15 $6:-846.41 $5064.74 Supermarket 850 sf /gla 9.48 $13.2612.43 $9.819.20 ITE Land Use Independent Trip Non - Downtown Fee Downtown Fee Land Use Code Variable Rate Rate Rate Convenience 851 sf /gla 52.41 $27.6525.92 $20.4619.18 Market Home Improvement 862 sf /gla 2.33 $2.652.48 $4- :961.84 Store Drugstore w/o 880 sf /gla 8.40 $6,986.55 $5.174.84 Drive - Through Drugstore w/ Drive- 881 sf /gla 9.91 $8- 948.38 $6,626.20 Through Furniture Store 890 sf /gla 0.45 $8- 380.35 $0- 280.26 Services Drive -in Bank 912 sf /gfa 24.30 $20.1. 018.84 $11.8713.94 Quality Restaurant 931 sf /gfa 7.49 $14.8413.91 $10.9810.29 High Turnover 932 sf /gfa 9.85 $13.4412.60 $9- 949.32 Restaurant Fast Food 933 Restaurant w/o sf /gfa 26.15 $27.7526.01 $20.5419.25 Drive - Through Fast Food 934 Restaurant w/ sf /gfa 32.65 $34532.48 $25.6424.04 Drive - Through Espresso Stand w/ 938 sf /gfa 75.00 $26. 5324.87 $4-9- 6318.40 Drive - Through Auto Care Center 942 sf /gfa 3.11 $4.984.67 $5693.46 Service Station 944 vfp 13.87 $14,228.1613,337.77 $10,528.849,869.95 Service Station w/ 945 vfp 13.51 $10,513.629,855.68 $7,780.087,293.21 Mini -Mart Notes: A. Basic trip rates are based on the ITE Trip Generation Manual, 9th Edition. B. Impact fee rate calculation is based upon the following methodology: - Basic Trip Rate = PM Peak Hour Trip Generation (per unit of measure) - Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee /(divide by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per unit of measure) C. For land uses not specifically identified here, trip generation rates could be derived from ITE or a special study by the applicant. D. sf /GFA= Square feet Gross Floor Area; sf /GLA= Square Feet Gross Leasable Area; VFP= Vehicle Fueling Position. E. Projects eligible for the Downtown Fee Rate are those located entirely within the boundary identified on Figure 1. Page I 10 RES.A Page 105 of 158 2. Tuck = ;Dependant "Land Use Supplementary�Transportatiori iImpact.Fee: ,Rate Schedule: (Per} Resolution`No:'_4122 and, Resolution'No:;4424.). ,_ ;,. .... Land Use ITE Land Use Code Independent Variable Truck Trip Rate Impact Fee Rate (per sf) Industrial Light Industry/Manufacturing 110, 130, 140 sf /gfa $0.06 $0.11 Heavy Industry 120 sf /gfa $0.04 $0.09 Retail Shopping Center 820 sf /gla $0.01 $0.01 Land Use ITE Land Use Code Independent Variable Truck Trip Rate Impact Fee Rate (per sf) Car Sales 841 sf /gfa $0.09 $0.16 Supermarket 850 sf /gfa $0.33 $0.64 Free - Standing Discount Store 813, 815, 861, 863, 864 sf /gfa $0.10 $0.19 Home Improvement Store 862 sf /gfa $0.37 $0.70 Services Restaurant 931, 932 sf /gfa 0.63 $1.20 Fast Food Restaurant 933, 934 sf /gfa 2.87 $5.51 Notes: A. ITE Land Use Code based on ITE Trip Generation, 9th Edition B. Impact fee rate calculation is based upon the following methodology: - Truck Trip Rate = Daily Truck Trip Generation (per unit of measure) - Truck Trip Rate x Per Trip Fee = Impact Fee Rate (per unit of measure) C. For land uses not specifically identified in the table, trip generation rates could be derived from a special study by the applicant. D. sf /gfa= square feet of gross floor area 3. 'Impact. :Fees; By,'Lan.d "Use ° - Revenue Credit' = -20 %.(Per Ordinance.,No:•;597.7,;. Resolution. „= 3953;; andFResolution No.,:4022)=:':� „ ... '°�'� ..... ..�:� y.. ... _ .. Land Use Total Fire & EMS Cost per Unit of Development Adjustment (Revenue Credit) at 20% Fire and EMS Impact Fee per Unit of Development Residential - All calculations below are per dwelling unit - Total x Number of Units Single Family, Duplex, Mobile Home $362.66 $72.53 $290.13 Multi - Family $383.09 $76.62 $306.47 Non - Residential - All calculations below are per square foot - Total x Square Feet Hotel /Motel $0.53 $0.11 $0.42 Hospital /Clinic $1.05 $0.21 $0.84 Group Living $2.63 $0.53 $2.10 Office $0.29 $0.06 $0.23 Retail $0.62 $0.12 $0.50 Restaurant /Bar /Lounge $1.62 $0.32 $1.30 Industrial /Manufacturing $0.11 $0.02 $0.09 Leisure /Outdoors $1.08 $0.22 $0.86 Page 1 11 RES.A Page 106 of 158 Agriculture $0.71 $0.14 $0.57 Church $0.38 $0.08 $0.30 Schools /Colleges $1.07 $0.21 $0.86 Government /Public Buildings $1.81 $0.36 $0.86 Casino $3.78 $0.77 $3.01 Jails $21.99 $4.40 $17.59 Facility °Extension` Fees: - %(Rer Resolution;; =No: 3953;x: =Re °solutions= 5114) ?Ordinance`3NE 579.1 rand'a rimended-b Ordinance- `N6: 58.19, No. 4272 '..arid- Resolution +No 4424 and ',Resolution: `No: ,.. ,t : The Facility Extension Application Fee is $552.00, plus $167.00 for each Facility (Water, Sanitary Sewer, Storm Drainage, Street, private street and private storm systems within private streets). Facility Extension Fees are the summation of the following categories (a +b +c +d), or $1,660.00, whichever is greater. a. For the combined linear footage of water, sewer, storm drainage and private storm drainage within private streets: The first 0 lineal feet (LF) to 1000 LF is charged at $5.50 per LF plus, The next 1001 LF to 2500 LF is charged at $2.80 per LF plus, Any additional over 2500 LF is charged at $1.65 per LF. b. For the linear footage of streets and private streets: The first 0 LF to 500 LF will be charged at $6.90 per LF plus, The next 501 LF to 1000 LF will be charged at $4.10 per LF plus, Any additional over 1000 LF will be charged at $1.10 per LF. c. For non - linear extensions such as pump stations or traffic signals, the extension fee will be determined by the City Engineer based on an estimate of the City's labor Cost associated with the plan review, inspection, and administration of the application. d. For that portion of the water or sewer facility located outside City Limits, but within existing County (King or Pierce) right -of -way, an additional fee of $444.00 plus $5.00 per LF of the combined water and sewer extension located in the existing County right -of -way applies. Facility Extension Fees will be paid as follows: a. Forty percent (40 %) at the time of execution of the facility extension agreement. b. Sixty percent (60 %) upon the City's approval of the construction drawings and prior to the start of construction. Additional Review: a 3`d review prior to plan approval will require an additional Each additional plan reviews beyond fee of $512.00 be paid at the time of the additional review submittal. If the review requires more then 8 hours of staff time to complete an additional fee of $64.00 per hour will be charged and must be paid prior to plan approval. or revisions to plans during construction will Additional plan review required by changes, additions require an additional fee of $256.00 be paid at the time the additional review is submitted and prior to any review being completed. If the review requires more thenthan 4 hours of staff time to complete an additional fee of $64.00 per hour will be charged and must be paid prior to plan approval. Page 12 RES.A Page 107 of 158 5. Right= ofrWay;;UseRermit Fees:u( Per; >Ordinance:`No ; 61p25), :,• f s Type A — Banner $30.00 Type B — Short Term $60.00 Type C — Long Term $100 for the 1st year / $30 for each additional year Type D — Hauling $100.00 + estimated staff time @ $50 per hour Street Closure — Type B or C $90.00 Sidewalk Closure — Type B or C $60.00 Parking Closure — Type B or C $60.00 6. Franchise A • reements: Per Ordinance No. 6545 and Resolution No. 5114 Application /Renewal Application Fee (ACC $5,000.00 Nonrefundable Initial Fee + plus 13.36.040, ACC 20.06.120, ACC 20.06.130) the City's actual costs incurred in excess of $5,000.00 Initial Fee is due at time of application any additional costs beyond the initial fee is due prior to the effective date of the agreement. Annual Administration Fee (ACC 20.04.170) Actual City Costs Annual CATV Franchise Fee (ACC 13.36.230) 5% of Gross Revenue for the prior three months. Other Annual Franchise Fee (ACC 20.06.100) Statutorily Permissible Percent of Gross Revenue w 7 1'Public.Wa : A• reements. Per Ordinance No: g650:Resolutionlno.51.14 <;; :` ,' -` : .:, . Application /Renewal Application Fee (ACC $5,000.00 nonrefundable Initial Fee + plus 20.04.020, ACC 20.04.120) the City's actual costs incurred in excess of $5,000.00. Initial Fee is due at time of application any additional costs beyond the initial fee is due prior to the effective date of the agreement. Annual Fee (ACC 20.04.170) Actual City Costs 4143 ion No.. 68 'Se' Ri t- of Wav " Vaations.(Per:Resoluton N e41 3 and Resoluti ., b514) • Street and Alley VacationApplication Fee $7591,500.00 Land Value Compensation Per ACC 12.48.085 :,Utility: System Development``Fees :°(Per_)rdinance.No: No :: X3,79'7;` °Resolution '''No,' ::3953,,-_:Resolution x° Resoluti6n -'No.-:5114.)_> For' allrutilities a "charge 5819. and' - amended tby'Resolution. `'Noif 4272 fond 'Resolution 0)::,'4424 'arid, it lieu of? assessmentyorpayback;ehargesamay,° line- being, :connected, :to. - ># = "`=- be applicable fo•theproportionalshare of;, the. utility: Page 1 13 RES.A Page 108 of 158 a. Water Utility: Connection fees are comprised of a Water Service Installation Permit Fee and the System Development Charge as follows: Meter Size (In Inches) Water Service Installation Permit Fee System Development Charge (SDC) Existing Water Service & Meter Box* Water Service & Meter Box Installed by City ** Paved Street Unpaved Street '/< or less $212.04290.00 $2,175.002.250.00# Actual $2,424.00 Cost$1,170.00 1 $280. 00350.00 $2,380.002,450.00# Actual $4,048.00 Cost$1475.00 1 -1/2 $450.00550.00 $3,210.003,350.00# Actual $8,072.00 Cost$2,305.00 2 $g60,00680.00 $3.488-003,600.00# Actual $12,920.00 Cost$2,588.00 3 Actual Cost Actual Cost Actual Cost- $24,240.00 4 Actual Cost Actual Cost Actual Cost $40,408.00 6 Actual Cost Actual Cost Actual Cost $80,792.00 8 Actual Cost Actual Cost Actual Cost $129,280.00 10 Actual Cost Actual Cost Actual Cost $135,971.00 *Installation of a water meter done by the City and the service either already exists or has been installed by the developer. * *Installation of the entire water service is done by the City. #If meter installation or retrofit involves installation of a fire sprinkler line, fee is Actual Cost. b. Sanitary Sewer Utility: Connection fees are comprised of a Permit Fee and the System Development Charge as follows: Type Permit Fee System Development Charge (SDC)* Existing Sewer Stub New Service Line Required Single Family Parcel $88.00 $155.00 $850.00 Per Parcel Other Parcels $88.00 $155.00 $850.00 Per RCE ** Side sewer repair on private property $62.00 Side sewer repair in right -of -way $105.00 *Except that for multifamily residential units with separate water meters for each family unit, the sewer utility systems development charge will be calculated as one RCE per family unit. ** RCE, Residential Customer Equivalent - an RCE shall be as defined by the King County Department of Natural Resources. In addition to City sanitary sewer connection fees, there shall be a sanitary sewer connection fee (King County Capacity Charge) imposed by King County to pay Capital Improvement fees to King County per the King County Rate Schedule. c. Storm Drainage Utility: (Per Resolution No. 4566) Connection fees are comprised of a Permit Fee and the System Development Charge as follows: SYSTEM DEVELOPMENT CHARGE (SDC) Type System Development Charge (SDC) Single Family Residence & Duplexes (on Individual Parcels) $1,162.00 per Parcel Other Parcels $1,162.00 per ESU* Page 1 14 RES.A Page 109 of 158 *ESU, Equivalent Service Unit - A configuration of development of impervious surfaces estimated to contribute an amount of runoff to the City's storm drainage system which is approximately equal to that created by the average single family residential parcel. One ESU is considered equal to 2,600 square feet of parcel coverage by impervious surfaces. Per ACC 13.48.010. When calculating the total SDC, a credit will be applied for the existing impervious area (New total SDC minus calculated SDC for existing impervious area using the new definition of impervious surface as given in ACC 13.41.010). STORM PERMIT FEE Permit Level ** Permit Fee Level 1 $210.00 Level 2 $400.00 Level 3 Base Fee + the Cumulative Additional Fees as indicated below: Base Fee = $1,440.00 for up to 10,000 SF of disturbed area Cumulative Additional Fee #1 = Base Fee + $400.00 for 10,001 SF up to 43,560 SF (1 Acre) of disturbed area Cumulative Additional Fee #2 = Cumulative Additional Fee #1 + $100.00 per Acre for each additional disturbed Acre over 1 Acre * *Permit levels are determined as follows: • Level 1 permits are for all projects that are not located in a Critical Area and add or replace less than 2,000 square feet of impervious surface area; and /or disturb less than 7,000 square feet of land. • Level 2 permits are for all projects that add or replace 2,000 to 4,999 square feet of impervious surface area; or disturb 7,000 square feet or more of land. • Level 3 permits are for all projects that add 5,000 square feet or more of impervious surface area, or convert 3/4 acres or more of native vegetation to lawn /landscaped area, or convert 2.5 acres or more of native vegetation to pasture, or the new plus replaced impervious surface area is 5,000 square feet or more and the value of improvements exceeds 50% of the assessed value of existing improvements. 810.,; OtheruUtility Fees `(Per Ordinance�;_No. 15819,. °Ordinance No 5944,x. Resolution;No., 3797, Resolution *No. 3953 'a Resolution No ° 4424 and `Resolution No 51 :44:) `., - Fire Service Line Permit (< 3 -inch fire service line) $135.00 Hydrant Meter Permit and Inspection Fee $238.00 Hydrant Meter Monthly Rate $31.0044.85 $3140 Hydrant-Weekly-Rate Fire Hydrant Meter Wrench — Refundable Deposit $0038.00 Meter RPBGA, Valve, Wrench Valve $1,449.001 965.00 Deposit — Hydrant with and and $181.00 Water Main Extension Purity Test Fee Water Meter Test Fee, 2" or less $217.00 Water Meter Test Fee, greater than 2" At Actual Cost Storm Drainage Repair Permit — Private System on Private Property $31.00 Storm Drainage Repair Permit — System in Public Right -of- Way /Easement $57.00 Payback Administration Fees: (per Ordinance No. 5954) Application Fee Processing Fee Area of Special Benefit Analysis $500.00 $1,000.00 $500.00 Page 115 RES.A Page 110 of 158 Transaction /Collection Fee Outside Professional Services $300.00 Time & Materials 91':1:' Construction :Permits:: (Per; Ordinance'= No.'°` 5817,x' Resolution "No : 3953, Resolution.- No: ' t&'tiM' _9 �h:'... . +•$,.. a ., Ark ... v . .. .ate .. ... ='4272�= andResolutign::No.. 4;424. ,:..5. °,�� ". , . _ . , -�' °r Basic Fee (BF) $150.00 Hourly Inspection Rate (HIR): Normal Business Hours After Hours (includes weeknights, weekends, and holidays and will be charged at the after hours HIR x the duration of the work $52.00 $80.00 For Excavation Type Work: Length of Excavation (feet) 31 — 100 feet of excavation length 101 — 250 feet of excavation length 251 — 500 feet of excavation length 501 — 750 feet of excavation length 751 — 1000 feet of excavation length Additional Fee (AF) $52.00 $155.00 $259.00 $362.00 $466.00 Fee Calculation: Permit Fee = BF + AF (for the appropriate length of excavation) If the excavation exceeds 1,000 linear feet Permit Fee = BF + $466.00 + (HIR x (length of excavation — 1000/100) For Non - Excavation Type Work: This work includes any work in the public right -of -way that is not covered by any other permits and includes such things as overhead utility work, geotechnical borings, horizontal directional drilling and vault installation. Permit Fee = BF + (HIR x Permit Duration in Days) In Lieu of Fee: In lieu of the above standard rates, the city engineer or his /her designee may calculate the fee based upon current labor rates for administrative and inspection staff after developing an estimate of staff effort involved. For projects that are expected to involve significantly more than 1,000 feet of street excavation or when the scope or duration cannot be accurately estimated, the city engineer may establish a deposit account to manage permitee deposits in advance of permit issuance for reimbursing actual labor costs of administering the permit. Such deposit accounts will not be interest bearing and will be closed at the end of the permitted work when a final accounting of the permit administration cost shall be calculated and a final bill or credit issued to the permitee. 1-01:2:, Memorial =:Sign Prog'rem:.(Per QOrdinance No.,.�;6137, and O`rdinance'No:;'6149),., , z . Memorial Sign $150.00 (1 �"3:Special :Permits: ;(Per., .Ordinance No.;�,5817=, .and- :,'amended-.'Uy,, Resolution' No. •'3953; ' . Resol ubon.�No:P.,42724andaResolution °No.<4.424: ; ' . , Permit Type Base Fee Additional Per Linear Foot Sidewalk $54.00 $1.10 /foot for each foot over 25 linear feet Residential Driveway $54.00 $1.65 /foot for each foot over 20 linear feet* Commercial Driveway $107.00 $2.20 /foot for each foot over 48 linear feet* *Driveway widths are based on the width of the driveway apron in the right -of -way. Page 116 RES.A Page 111 of 158 .-421'4.:.,Steeet, PaplackAgreenienti,yper,Ort.liriar3CO:No: 63.19 and R esolutiOiL o'":4624)-:. Application Fee $500.00 Processing Fee $1,000.00 Assessment Reimbursement Area Analysis $1,000.00 Transaction/Collection Fee $300.00 Outside Professional Services (when needed) Time and Materials C. ANIMAL LICENSING FEES AND PENALTIES (Per Resolution No. 4868): D. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution 3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270, Resolution No. 4414, Resolution 4734, Resolution No. 4880, and Resolution No. 5016, and Resolution No. 5114) Type Comments Cost Juvenile 8 weeks to 6 months of age $15 Altered Unaltered Proof of spa /neuter required Proof that pet is altered and proof that owner is 62 years of age or older consistent with ACC 13.24 is required. $30 $60 $15 Senior Disabled Proof that pet is altered and proof of disability required $15 Service Animal Re lacement Ta With a signed statement, on the City Form, indicating that the owner of the animal has a disability and that the animal is a service animal, no license fee shall be char ed b the Cit . Oti:altii:',;,,:-''','? $0 $5 ai iate'Paliiithif , Days Past Expiration Type Additional Cost 45-90 Late Fee $15 91-135 Late Fee $20 136-364 Late Fee $30 365 or more Late Fee $30 + prior year's license fee D. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution 3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270, Resolution No. 4414, Resolution 4734, Resolution No. 4880, and Resolution No. 5016, and Resolution No. 5114) Page 117 RES.A Page 112 of 158 Lease Type: Open Single $186.24192.00 Open Twin Closed R-2 $217A2222.00 Closed R-9 & 10 $289.51304.00 Outside Tiedowns $408759417.00 Storage Rows 3-8 $63.9668.00 Storage Units (185 sq. ft. — Buildings 9,10) Storage Units (298 sq. ft.) $146786112.00 Storage Units (380 sq. ft. — Buildings 9,10) $9676999.00 $116.77120.00 $118.96152.00 The West End Hangars located on Hangar rows 9 and 10 have an additional 298 square feet Page 117 RES.A Page 112 of 158 each. There shall be an additional $4- 00.00110.00 —per month surcharge for the additional space. A security surcharge of $5.00 per month is charged, in addition to the base monthly rental fees provided in this section, for each tie -down, each hangar door and each storage rental area, which security surcharge fees are to be used for the provision of increased security at the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). For the purposes hereof, each tie -down consists of the structures /facilities necessary to accommodate one (1) regular sized Tight aircraft. Furthermore, the hangar doors to which the security surcharge applies includes all hangars located at the Auburn Municipal Airport, including those hangars built on land owned by the City but leased to private parties, and those hangars owned in a condominium type ownership. The above lease and security surcharge amounts are subject to applicable leasehold taxes, which shall be paid by the tenant. The total charges, including the above lease rates plus lease hold tax and surcharge shall be reflected in monthly billing rates. Tenants shall be given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be effective January 1, 2014. Payments. Payments are due on the first of each month, past due as of the 5th and late as of the 15th. Payments not received by the 15th incur a $10.00 late fee. Payments not received after 30 days from the due date incur an additional $25.00 delinquency fee. Automatic gate electronic cards. One automatic gate electronic card will be issued to each City rental tenant free of charge. Any additional electronic cards requested by a tenant are subject to a $25.00 non refundable fee. A $15.00 fee refund applies to all serviceable returned cards. An additional $25.00 replacement fee will be assessed against the tenant for all lost or damaged electronic cards. All electronic cards lease expiration. must be returned to the airport at the time of Each lease shall include an initial payment of first and last months' rent plus a damage deposit in the amount of two times the monthly base rate. Each lease agreement shall also include terms that authorize the city to apply the damage deposit to outstanding charges on termination. 2 Daily;: Transient Parkin` overni ht +b• yi < , Tie Down $5 Open "T' $25 Enclosed Hangar $35 3. Base Parking Fee -` Designated Spaces ° `a • A base vehicle parking fee of $52-5054.00 per month per designated space is charged. There are ten designated spaces available on a first come basis for pilots to park or store a vehicle for an extended period of time. All airport rules and regulations apply. A Vehicle Storage Permit must be completed and appropriate fees paid. The storage of vehicles is for convenience for the users of the Auburn Airport and is month -to- month. j - - - ! ! - - .. - - -- .. . .. -- - ... --- - . . ... -- - - - - -- _ -- • -- -. - -- - -- -- ' "..-e- -- - --- -... --- e-. - .- -- - -- --e - Additional =`Air` iiit Fees - °J d : Gate Cards (each lease gets one card at no charge. Additional cards cost $25 $25.00_ A $15.00 refund applies to all serviceable returned cards.) Aeronautical Business License (includes listing of your business on airport $250 Page 118 RES.A Page 113 of 158 signs and airport webpage.) V'''''.'':.'Z''.''''''' Hangar Waitlist Fee $50 E. POLICE DEPARTMENT FEES (Per Ordinance No. 5715 amended by Ordinance No. 6216, 5819, Resolution No. 3797, Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance 6216, Ordinance 6276, Resolution No. 4552L—an4 Resolution No. 5016, and Resolution No. 5114. False Alarm fees per Ordinance No. 6216 amended by Ordinance Nos. 6252 and 6345.)) :-'''',:7,W, '''''.:1k..e..:',1',Y.K:- • ' '.'Aiii*I'A. '..".-7,'::' '''lr''''1.7:11::k":::$ V'''''.'':.'Z''.''''''' Police Report/Collision Report (fee not charged where requested by victim or party involved) $13.25 Visa Letter $510.00 Fingerprinting Fees (fee not charged where taking of fingerprints is required by city) $15/card Laminated Concealed Pistol License $3.50 Annual Alarm Registration Fees: Residential Commercial Residential Low Income Senior Citizen/Disabled Citizen Late Registration Fee $24 $24 $12 $25 Auburn Security Alarm License Late License Fee Reinstatement Fee $10/each registered alarm user to a maximum of $100 annually $25 $100 plus $10/permitted user False Alarm Service Fees Burglar False Alarm Service Fee* Robbery, Panic and Burglary Crime in Progress False Alarm Fee* Supplemental Fee for Non-permitted Alarm System, each alarm Fee for false alarm caused by Monitoring Company or Alarm Installation Company employee First Dispatch Report during time of suspension Each dispatch thereafter Late Fee Appeals *The alarm administrator will waive the first false alarm fee following the installation of an alarm system at a particular address. $100 $200 $200 $100 $100 $25 $25 $25 Page 1 19 RES.A Page 114 of 158 F. CITY CLERK FEES (Per Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797, Resolution No. 4244,a194-Resolution No. 5016, and Resolution No. 5114.) Ti Fees for public records — collection Non-certified copies of public records Non certified color copies (letter and legal sized) Non certified color copies (11x17) Certified copies of public records Non certified copies of public records where a search or documentation is required Scanning paper copies to PDF CD duplication DVD duplication Fees for Auburn City Code book and supplements Copy of Auburn City Code book (with latest supplement) Supplements to the Auburn City Code book Page I 20 $0.15 per page plus postage $0,55-per--page $1.10 per page $4,00-5.00 per page plus copying fees $,1.00 for 1 page and $2.00 eash-a€1ditional-page $0.15 per page $5.00 per disk $10.00 per disk $100 per code book $11 per copy RES.A Page 115 of 158 G. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No. 3953, Resolution No. 4027, Resolution No. 4103, Resolution No. 4117, Resolution No. 4272 Resolution No. 4424, Resolution No. 4552, Resolution No. 4675,_Resolution 4778 and Resolution No. 4880, and Resolution 5114.) ,-::',,::',3:,,A A-,,,,..'':, '-•,,i,W,'',,:,hiji.-,--?.'1;i,', ,:.:! TYi5lei'::4..1417,,,,:i;,.:!,,,,-,,;:41..A,, :;',:,,„,,:e:,,- i'c ,j':,1. ,,,, Fees Graves Section 9A and 9B $2,395 All other adult graves $2,495$2,595 Child's Place $1,995 Double Depth (includes 2 burial spaces /2 liners) $2495$2,295 Section 9A and 9B (Quads and Upright monument plots) $300 Section 9B (Dry river bed area Block 41APlaza Estates) $47390$4,490 each $3,995$4,995 $4,-995-$9,995 each Ground Cremation Plots Centennial Um Garden (single) $645—$995 Centennial Um Garden (double) $1,295$1,895 Section 9 Upright Section Um Plots (up to 4 urns) $3,195 Niches Mausoleum (top rows available only) - single $695 SQL-D-GLI-T SOL-D-01J-T Centennial Columbarium II (1 or 2 urns) - Row 3 Middle $1,795 Centennial Columbarium II (1 or 2 urns) - Row 4 Bottom $-17845$1,995 $1,695 $1,795 Chapel of Memories - Interior Niches* Range From 12 x 12 Single $2,195 - $3,595 12 x 18 Double $3,295 - $5,995 12 x 24 Family (up to 3 urns) $6,895 - $8,295 *The above niche prices include one bud vase per niche. Inurnment will be $395,00---$495,00$595.00 per occasion. See guidelines for additional pertinent information. A single inscription on the glass front is $175.00 $195.00$225.00 plus tax. Urn's to be purchased separately. Chapel of Memories - Exterior Niches* Rows 4, 5, & 6 $2,695 Rows 2 & 3 $2,295 Rows 1, 7, & 8 $1,895 *If the niche (external) is to be used as a double niche, the inurnment, inscription and tax will be due when a second urn is placed. (Row 1 is the bottom row) OVERTIME WILL BE CHARGED AT $150.00 $175.00 PER HOUR AFTER 4:30 P.M., MONDAY THROUGH FRIDAY. THE SATURDAY SERVICE CHARGE IS $59-5,00—$69-5,00$795.00 FOR FULL INTERMENT AND $325.00 $395.00 FOR CREMATION SERVICES. Extended Land Use $495 Memorial Plaque - $175 additional for inscription + tax $295 Services "Chapel of Memories" rental for services $1 -95$245 Page 21 RES.A Page 116 of 158 Opening and Closing – Ground Burials LinerNault Children's Place Opening and Closing – Cremation ForestWalk Cremation Plot $1,195 $1,295 $295 $495 --- $595$695 Niche •- • $495 —$595 _ _ _ _ _ _ _ _ _ _ Opening Closing Entombment $175 $1951 $395$895 and – Inscription + tax $225 Vault Installation + tax $395$595 Marker Services Flat Grass: Setting Fee + tax $295 Resetting Fee + tax $150 New Inspection Fee for outside sales $459$175 Upright Setting Fee + tax $42 -5$475 Resetting Fee $325 Vase Setting Fee + tax $45 Recording Fee $100 Overtime Charge – per hour $175 Saturday Service Fee Full Interment $595 -- $695$795 Cremation $32 –$395 Materials Flower Vases: (prices include vase setting fee) Standard $425$150 Deluxe Cast Zinc (gray or bronze zinc) 1175195 Deluxe Wall (brass) $175$195 Liners: Concrete Liner + tax $595 --$695 Mountain View Vault (+ installation fee & tax) $795 -- $995$1,295 Double Depth + tax $895 Infant + tax * *as required Urn Encasement + tax $495$225 Vault Installation + tax $395 --$495 Forestwalk Informal Cremation Garden Single 3' Single Ground Plot $695.995$1,295 -- - - ''': - •e • SOLD —OUT - - -- _ e. e Double 4' Double Ground Plot $2,195 - $3,995 Wishing Well Scattering $295 Biodegradable Urn $125 + tax Add for 2nd Inurnment $495$595 Granite Memorials Start At $295'.395 + tax Add for 2nd Marker Inscription $1- 95$225 + tax Page 1 22 RES.A Page 117 of 158 H. PARKS AND RECREATION (Per Resolution No. 3797 and amended by Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276, Resolution No. 4552, Resolution No. 4880, and Resolution No. 5016.) Les Gove Building Resident Non - Resident 3 hour minimum Seven days a week 9 a.m. - 11 p.m. $20 /hour $25 /hour Parks, Arts & Recreation Administration Building Resident Non - Resident 3 hour minimum Friday 5:30 - 11 p.m.; Saturday and Sunday 9 a.m. - 11 p.m. $40 /hour $50 /hour Basic Kitchen $25 $25 Gymnasium (athletics practice, birthday parties, etc.) $30 /hour + Hourly Facility Attendant Fee When Required $40 /hour + Hourly Facility Attendant Fee When Required Gymnasium (tournaments, trade shows, fairs, etc.) $60 /hour + Hourly Facility Attendant Fee When Required $75 /hour + Hourly Facility Attendant Fee When Required Damage Deposit $300 $300 Optional Cleaning Fee $275 $275 Senior Activity Center Resident Non - Resident Full Facility (includes basic kitchen use) Available Friday evenings, Saturday and Sunday. Tables and chairs for up to 200 people max. 3 hr. minimum, 5:30 -11 p.m. (Friday eve.); 5 hr. minimum, 9 a.m. -11 p.m.(weekend) Additional cleanup time is available after 11 p.m. $80 /hour $100 /hour Rental Package Friday night & Saturday: 4 hours Friday and up to 12 hours of active use on Saturday $1,200 $1,500 Rental Package Full Day Saturday or Full Day Sunday: up to 12 hours of active use on either day $1,000 $1,300 Millennium Rooms Friday only, 3 hour minimum, 5:30 - 11 p.m., 63 people per room maximum, 3 rooms available; weekend options available within 30 days or less $30 /hour + Hourly Facility Attendant Fee When Required $40 /hour + Hourly Facility Attendant Fee When Required Weese & Rotary Rooms Monday — Friday, 2 hour minimum, 5:30 - 11 p.m., 40 people per room maximum; weekend options available within 30 days or less $20 /hour + Hourly Facility Attendant Fee When Required $25 /hour + Hourly Facility Attendant Fee When Required *Additional Cleanup time available 11:00 p.m. — midnight $80 $100 Damage & Cleaning Deposit (for Full Facility and Millennium room rentals) without alcohol $300 $300 Damage & Cleaning Deposit (for Full Facility and Millennium room rentals) with alcohol ($1,000,000 excess liability insurance required) $500 $500 Optional cleaning fee (fee required with use of alcohol in facility) $275 $275 Commercial kitchen and /or use of dishes, tableware, pots, etc. $50 $50 Page 1 23 RES.A Page 118 of 158 Basic Kitchen $25 $25 William C. Warren Building Resident Non - Resident 3 hour minimum Seven days a week 9 a.m. - 11 p.m. $40 /hour $50 /hour Baseball /Softball /Grass Fields (Reservations made in 1.5 hour increments) Resident Non - Resident Youth $10/1.5 hour $13/1.5 hour Adult $23/1.5 hour $30/1.5 hour Field Lights $30/1.5 hour $30/1.5 hour Field Maintenance $30 per field $30 per field Baseball /Softball/ Fastpitch Tournaments (Reservations made for 1 or 2 day tournaments) 1 Day 2 Day Youth $700 $1,000 Adult $900 $1,300 Field Lights $30/1.5 hour $30/1.5 hour Synthetic Turf Fields (Reservations made in 1.5 hour increments) Resident Non - Resident Youth $45/1.5 hour $60/1.5 hour Adult $60/1.5 hour $75/1.5 hour Field Lights $30/1.5 hour $30/1.5 hour Game Farm Wilderness Park Campgrounds Resident Non - Resident Daily, Open year round 7 nights maximum $25 /night $25 /night Game Farm Wilderness Park Day Camp Area Resident Non - Resident Daylight hours, April 1 - October 15 Minimum Rental: 1 day $75 /day $50 Non Profit Picnic Shelters Game Farm Park Single quadrant (max: 25) Monday — Friday Saturday - Sunday Full day Mon -Sun (Full Shelter) 1 -99 Mon -Sun (Full Shelter) 100 -199 Mon -Sun (Full Shelter) 200+ (must also rent amphitheater) Amphitheater Isaac Evans Park Lea Hill Park Roegner Park Game Farm Wilderness Park Les Gove Park Sunset Park Mon -Sun Single Quadrant (max: 25) Mon -Sun (Full Shelter) 1 -99 Mon -Sun (Full Shelter) 100 -199 Mon -Sun (Full Shelter) 200+ Auburn residents Non - residents Half Day* Full Day* Half Day* Full Day* $30 $50 $40 $65 N/A N/A N/A N/A $120 $200 $150 $250 $180 $300 $225 $375 N/A $375 N/A $475 $75 $125 $100 $175 $60 $100 $75 $125 $60 $100 $75 $125 $60 $100 $75 $125 $60 $100 $75 $125 $60 $100 $75 $125 $30 $50 $40 $65 $120 $200 $150 $250 $180 $300 $225 $375 NA $375 NA $475 Rental Rate Schedule for Auburn Ave Theater Resident Non - Resident Page 124 RES.A Page 119 of 158 Weekdays Mon -Thur $170.00 $200.00215.00 Weekend Days (Fri., Sat., and Sun.) $270.00 $320:-00340.00 Damage deposit. The terms and conditions for full or partial refund of deposit apply to approval of Check -Out List, including theater, equipment plot restoration. $300.00 $300.00 Hourly commercial rate for meetings 2 hour min. for "4 -wal" only of lobby, auditorium, and stage $35 /hr $3545/hr Equipment not included: Use of any theatrical equipment additional charge $30 /hr $0040/hr $1,000,000 excess liability insurance required Upon request Upon request Cleaning Fee $1- 00700130.00 $1- 00.00130.00 Rental Rate Schedule for Commercial Filming Resident Non - Resident Permit Fee $50 Still Photography /Training and Industrial Films, etc $50 per 1/2 day $100 per day Broadcast, Film, TV, Commercial, etc. $75 per 1/2 day $150 per day Electricity/Water Access, Park Maintenance Staff, Vehicle Access Hourly staff cost Damage Deposit $100 Impact Fees: Park Impact Fees $3,500.00 per residential dwelling unit Page 125 RES.A Page 120 of 158 1. MULTIMEDIA DUPLICATION (Per Resolution No. 3953 and Resolution No. 4552.) ^oY i.r tiC,y ?S: Y��� t.::i .u�.,�%4 °iyrl ,{� 4y: ..;ry. :'SS.se i_sa.. fS _- .YS ✓'i: - �A_:.. - _ i. T: DVD Copy $10.00 per disk CD Copy $5.00 per disk Page 126 RES.A Page 121 of 158 J. INFORMATION SERVICES AND GIS13 (Per Resolution No. 4272, Ordinance 6276, Resolution No. 4552, and Resolution No.4593 .) Much of the City's geographic data is available for sale per the prices below plus Washington State sales tax. A signed public records request form is required. Most public records requests can be completed within seven to ten business days and will be delivered in ESRI Shapefile format without Metadata. Product v: . w > ; : .. r:'. "4° .., ,Cost` Maps Existing Map Custom Maps (any non - existing map) $5.00 + tax $50.00 per hour14 + tax Data Digital Data Requests $50.00 per hour15 + tax Miscellaneous CD -Rom All other requests for data or information not specifically listed $5.00 + tax $50.00 per hour + tax 13 Hourly charge to complete any of the below (one hour minimum charge). 14 Hourly charge includes the cost of processing and providing custom map requests. 15 Hourly charge includes the cost of processing and providing digital data requests. Page 127 RES.A Page 122 of 158 AuBuRN ITY OF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5115 Department: Attachments: Administration Agenda Bill notes Res5115 and Attachment Administrative Recommendation: Approve Resolution No. 5115 Background Summary: See attached sheet Reviewed by Council Committees: Councilmember: Holman Meeting Date: December 15, 2014 Date: December 8, 2014 Budget Impact: $0 Staff: Heid Item Number: RES.B RES.B AUBURN * MORE THAN YOU IMAGINED Page 123 of 158 The current provisions of the City Council Rules of Procedure identify the sequence of order for items on meeting agendas. Those agenda items are placed in order of the classification and category, e.g., all ordinances are placed together and all resolutions are placed together, with resolutions following ordinances. The Rules of Procedure currently allow for and accommodate changes to the agenda to add or subtract items (agenda modifications), and even accommodate moving items from within their category or classification (changing the sequence of action where, for instance, one resolution will be moved up on the agenda to be considered in advance of other resolutions). There is also some flexibility that is allowed to place one item at a different place if it can fall within multiple categories or classifications, e.g., moving an item to "new business" rather than considering it under "resolutions." However, there may be occasions when it would be advantageous to take items out of their order and consider them at an earlier or later time, depending upon the circumstances or parties in attendance at the meeting. The proposed language (below) would accommodate movement of items when convenient or appropriate to do so, regardless of their category, classification or relationship to other items. 3.4 Amendment to Agenda - The sequence of handling items on the aqenda of a particular Regular Council Meeting may be amended from order listed on the printed /approved agenda as follows: A. Motion to Suspend the Rules. Any member of the City Council may move to suspend the rules so as to provide that an item on the agenda may be taken out of order - considered at a different order or placement in the agenda. Such motion shall require a second, and upon approval by a majority of Councilmembers in attendance at the meeting, the item shall be considered at the point in the agenda as indicated in the approved motion. B. Adjustment of Agenda by Mayor. If the Mayor, as the presiding official, determines that an item on the agenda of a Regular Council Meeting should be taken out of order - considered at a different order or placement in the agenda as set forth in the agenda - to accommodate members of the City Council or others at the Council Meeting, the Mayor may call for the amendment of the agenda to accomplish such adjustment. Such action by the Mayor does not require a motion or vote by the City Council; provided that if the City Council does not wish to have the item moved - agenda adjusted - as directed by the Mayor, the City Council may, by motion duly made, seconded and approved by a majority of Councilmembers in attendance at the meeting keep the aqenda unchanged. NOTE: The un- highlighted language of Section 3.4 is consistent with Robert's Rules of Order and would not be required to be stated as such. However, the "authority" for the Mayor to make such amendment to the agenda - the highlighted text - is not currently included in the applicable rules of procedure - Robert's Rules of Order or the City Council Rules of Procedure. But with the RES.B Page 124 of 158 inclusion of the highlighted text, the un- highlighted text should be included to avoid confusion or inconsistent results. ALSO NOTE: The current provisions of Council Rules of Procedure do accommodate adding new items and even moving them around and changing the order, but only with respect to adding or moving items within their classification or category in the agenda. See, for example, Section 5.4 (F) of the Council Rules of Procedure (below). This Rule would not accommodate taking an item out of order and, for instance, having a resolution considered before the ordinances. There may be instances when it would be advantageous to make such a move. This amendment to the Rules would allow for that. Also, there may be times when an item sought to be moved bears no close relationship to another item (as addressed by Section 5.4 (F)). This amendment to the Rules would give added flexibility to the order of items on the agenda and allow such a change in order — when it makes sense to do so. 5.4. 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. RES.B Page 125 of 158 RESOLUTION NO. 5 1 1 5 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, 5105 AND 5112 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, February 19, 2013, November 3, 2014 and December 1, 2014, the City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105 and 5112, respectively, which Resolutions adopted certain modifications to the Council Rules of Procedure; and WHEREAS, the current provisions of the Council Rules of Procedure identify the order of items on meeting agendas, and their placement based upon their category and classification; and WHEREAS, while there are some provisions that would accommodate adding or removing agenda items (agenda modifications) and accommodate movement of agenda items within their categories and classifications, there may be occasions when it would be beneficial to take an item out of order and out of the sequence of the agenda item's category or classification; and Resolution No. 5115 December 5, 2014 Page 1 of 3 RES.B Page 126 of 158 WHEREAS, in order to accommodate such agenda item movement, it is appropriate to amend the Council 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 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, Resolution No. 5105 on November 3, 2014, and Resolution No. 5112 on December 1, 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. CITY OF AUBURN ATTEST: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk Resolution No. 5115 December 5, 2014 Page 2 of 3 RES.B Page 127 of 158 APPROVED AS �1 FORM: ‚'/ & s l trin Held, ' Attorney Resolution No. 5115 December 5, 2014 Page 3 of 3 RES.B Page 128 of 158 Exhibit A — Resolution No. 5115 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS AUTHORITY COUNCIL MEETINGS ORDER OF BUSINESS OF REGULAR COUNCIL AGENDA COUNCILMEMBER ATTENDANCE AT MEETINGS PRESIDING OFFICER - DUTIES COUNCILMEMBERS DEBATES PARLIAMENTARY PROCEDURES AND MOTIONS VOTING COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL PUBLIC HEARINGS AND APPEALS DEPUTY MAYOR SELECTION PROCESS COUNCIL POSITION VACANCY COUNCIL MEETING STAFFING COUNCIL RELATIONS WITH STAFF COUNCIL STUDY SESSIONS, COMMITTEES AND ADVISORY BOARDS COUNCIL REPRESENTATION & INTERNAL COMMUNICATION TRAVEL AUTHORIZATION CONFIDENTIALITY ENFORCEMENT OF RULES OF PROCEDURE 1 1 MEETING 4 11 12 13 14 15 17 17 18 19 21 21 21 CITIZEN 22 26 29 29 29 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. Rt15131 Page 129 of 158 Exhibit A — Resolution No. 5115 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. 1 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 for public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.) RI. (82 Page 130 of 158 Exhibit A — Resolution No. 5115 [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 of Study Sessions may be changed by a majority vote of the City Council. Study Sessions shall be subject to the following: A. The Deputy Mayor shall preside over Study Sessions. B. Study Sessions will begin at the hour of 5:30 p.m. C. A quorum shall constitute four or more Councilmembers for the transaction of business. D. 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. E. 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: A. First Monday of the month - Regular Council Meeting - - 7:00 PM B. Second Monday of the month - Council Study Session - - 5:30 PM C. Third Monday of the month - Regular Council Meeting - - 7:00 PM. D. Fourth Monday of the month - Council Study Session - - 5:30 PM E. 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 2 Any of these regularly scheduled meetings may be cancelled if not needed. RE1.S3 Page 131 of 158 Exhibit A — Resolution No. 5115 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 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. RE.t4 Page 132 of 158 Exhibit A — Resolution No. 5115 B. Resolutions /consent items /contract awards, etc. would still be acted on at only one Regular Council Meeting. 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 RN Page 133 of 158 Exhibit A — Resolution No. 5115 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) minutes 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. I. 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. RE1135 Page 134 of 158 Exhibit A — Resolution No. 5115 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. 1. 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 the 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 1. 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 RE1 Page 135 of 158 Exhibit A — Resolution No. 5115 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 and 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. RE`s Page 136 of 158 Exhibit A — Resolution No. 5115 Rig 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. 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. Page 137 of 158 Exhibit A — Resolution No. 5115 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 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 councilmember 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. R0 Page 138 of 158 Exhibit A — Resolution No. 5115 3.4 Amendment to Agenda - The sequence of handling items on the agenda of a particular Regular Council Meeting may be amended from order listed on the printed /approved agenda as follows: A. Motion to Suspend the Rules. Any member of the City Council may move to suspend the rules so as to provide that an item on the agenda may be taken out of order - considered at a different order or placement in the agenda. Such motion shall require a second, and upon approval by a majority of Councilmembers in attendance at the meeting, the item shall be considered at the point in the agenda as indicated in the approved motion. B. Adjustment of Agenda by Mayor. If the Mayor, as the presiding official, determines that an item on the agenda of a Regular Council Meeting should be taken out of order - considered at a different order or placement in the agenda.as set forth in the agenda - to accommodate members of the City Council or others at the Council Meeting, the Mayor may call for the amendment of the agenda to accomplish such adjustment. Such action by the Mayor does not require a motion or vote by the City Council; provided that if the City Council does not wish to have the item moved - agenda adjusted - as directed by the Mayor, the City Council may, by motion duly made, seconded and approved by a majority of Councilmembers in attendance at the meeting keep the agenda unchanged. [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 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.12.060] 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 Page 139 of 158 Exhibit A — Resolution No. 5115 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 Councilmember 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 Committee 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 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: RE1.t12 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; Page 140 of 158 Exhibit A — Resolution No. 5115 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 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. - Notwithstanding the right of Councilmembers to express their independent opinions and exercise their freedom of speech, Councilmembers should act in a way that reflects positively on the reputation of the City and of the community. Councilmembers shall also interact with other R3 Page 141 of 158 Exhibit A — Resolution No. 5115 members of the City Council and City staff in ways that promote effective local government. 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 § 1.04.130).] 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 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. RE14 Page 142 of 158 Exhibit A — Resolution No. 5115 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. 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 Councilmember'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. R 5 Page 143 of 158 Exhibit A — Resolution No. 5115 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. 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. RE1V6 Page 144 of 158 Exhibit A — Resolution No. 5115 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 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. R7 Page 145 of 158 Exhibit A — Resolution No. 5115 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. 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: Re8 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 Page 146 of 158 Exhibit A — Resolution No. 5115 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. [The nomination of a councilmember for this position does not require a second, and a councilmember may nominate him or herself.] B. 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. 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 vote /ballot, whichever of these two nominees received the larger number of votes would be elected to the position of Deputy Mayor.3 3 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 REg.7319 Page 147 of 158 Exhibit A — Resolution No. 5115 [See RCW 35A.12.065.] 12.2 The Deputy Mayor shall perform the following duties: A. Intra - Council Relations 1. Serve as the Chair of the Council Study Sessions 2. Serve as an ex- officio member of all other_ad hoc committees of the City Council 3. Assist in new councilmember training 4. Support cooperative and interactive relationships among council members 5. Work with Administration to prepare agendas for Council Study Sessions B. Mayor - Council Relations 1. Help maintain a positive and cooperative relationship between the Mayor and the City Council 2. Act as conduit between the Mayor and the City Council on issues or concerns relating to their duties C. Intergovernmental and Community Relations 1. Act in absence of Mayor as requested and /or as required 2. 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 3. Serve as the Chair of the City's Emergency Management Compensation Board [See former ACC 2.06.090 (1957 code § 1.04.100).] initial run off between the second and the third nominees to determine who would be included in the final run -off against the first nominee. RN ° Page 148 of 158 Exhibit A -- Resolution No. 5115 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 Councilmember 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. RNeE? 1 Page 149 of 158 Exhibit A — Resolution No. 5115 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 schedule 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 opportunity to discuss and debate issues coming before it for action at Regular Council meetings. The format for these meetings shall be as follows: RE14322 A. Meeting Times: Study Sessions shall be scheduled as set forth in Section 2.3, above. B. Study Sessions should conform to the following: 1. Meeting facilitation - the Deputy Mayor shall preside over /conduct Study Sessions. 2. Four or more Councilmembers shall constitute a quorum for Study Sessions. Page 150 of 158 Exhibit A — Resolution No. 5115 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 bidding, etc.) should go directly to the Regular City Council meeting. C. Study Session Meeting Format4 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. 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. RN9i3 Page 151 of 158 Exhibit A — Resolution No. 5115 RE14 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) 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. Page 152 of 158 Exhibit A — Resolution No. 5115 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 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 participation 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 intention that these committees operate informally, without the need for compliance with the Open Public Meetings Act (Chapter 42.30. 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. RE.ISV5 Page 153 of 158 Exhibit A — Resolution No. 5115 SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 17.1 If a Councilmember meets with, attends a meeting or otherwise appears en before individuals, another governmental agency, a community organization, or a private entity or organization, including individuals, agencies, or organizations with whom or with which the City has a business relationship, and makes 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: REIV6 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. Page 154 of 158 Exhibit A — Resolution No. 5115 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 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. R I'7 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 Page 155 of 158 Exhibit A — Resolution No. 5115 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. 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 R §T328 Page 156 of 158 Exhibit A — Resolution No. 5115 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 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. Confidentiality 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. REg. 29 Page 157 of 158 Exhibit A — Resolution No. 5115 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 Amended by Resolution No. 5112, December 1, 2014 REIN° Page 158 of 158