HomeMy WebLinkAbout05-02-2016 CITY COUNCIL AGENDACity Council Meeting
May 2, 2016 - 7:00 PM
Auburn City Hall
AGENDA
Watch the meeting LIVE!
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Affordable Housing Week Proclamation
Mayor Backus to proclaim the week of May 16-22, 2016 as Affordable Housing
Week in the city of Auburn.
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. 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.
VI. 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
recommendation to the City Council, if any.
VII. 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 April 18, 2016 Regular Council Meeting*
B. Claims Vouchers (Coleman)
Page 1 of 119
Claims voucher numbers 438306 through 438465 in the amount of
$1,212,910.90 and five wire transfers in the amount of $193,123.47 and dated
May 2, 2016.
C. Payroll Vouchers (Coleman)
Payroll check numbers 536390 through 536421 in the amount of $704,858.21
and electronic deposit transmissions in the amount of $1,399,731.04 for a grand
total of $2,104,589.25 for the period covering April 14, 2016 to April 27, 2016.
D. Public Works Project No. C222a0* (Snyder)
City Council grant permission to advertise for bids for Project No. C222a – S
277th Street Corridor Capacity & Non-Motorized Trail Improvements
E. Public Works Project No. CP1507* (Snyder)
City Council grant permission to advertise for bids for Project No. CP1507,
Auburn Way North Preservation
F. Public Works Project No. CP1411* (Snyder)
City Council grant permission to advertise for bids for Project No. CP1411,
Muckleshoot Indian Tribe Master Meters
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6567, First Reading* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 5.10.040, 5.15.110, 5.20.080 and 5.22.120 of the Auburn
City Code relating to enforcement of the City's business license requirement
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6567.)
B. Ordinance No. 6599, First Reading* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving
the Final Plat of Dulcinea
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6599.)
XI. RESOLUTIONS
A. Resolution No. 5217* (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, 5112 and 5115
(RECOMMENDED ACTION: City Council adopt Resolution No. 5217.)
B. Resolution No. 5223* (Snyder)
Page 2 of 119
A Resolution of the City Council of the City of Auburn, Washington, setting a
public hearing to consider the renewal of Franchise Agreement No. 06-21 and
amendment of Ordinance No. 6018 with Puget Sound Energy, Inc.
(RECOMMENDED ACTION: City Council adopt Resolution No. 5223.)
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XIII. 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 3 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 18, 2016 Regular Council Meeting
Date:
April 27, 2016
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 2, 2016 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 119
City Council Meeting
April 18, 2016 - 7:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Deputy Mayor Largo Wales called the meeting to order at 7:00 p.m. and presided
over the meeting in the absence of Mayor Nancy Backus. Deputy Mayor
Wales led those in attendance in the Pledge of Allegiance.
B. Roll Call
Councilmembers in attendance: Deputy Mayor Largo Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel, and Rich
Wagner.
Department Directors and staff members in attendance included: Director of
Administration Dana Hinman, Property and Facility Analyst Josh Arndt, Innovation
and Technology Director Paul Haugan, Assistant City Attorney Doug Ruth,
Assistant Director of Engineering Services/City Engineer Ingrid Gaub, Police
Commander Mark Caillier, Parks, Arts and Recreation Director Daryl Faber,
Finance Director Shelley Coleman, Veterans and Human Services Coordinator
Erica Azcueta, Community Development and Public Works Director Kevin Snyder,
Environmental Services Manager Chris Andersen, Environmental Services
Assistant Christina Jarvis and Environmental Services Assistant Maggie
Gipson, Assistant Director of Community Development Services Jeff Tate, and
Deputy City Clerk Shawn Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. National Day of Prayer
Deputy Mayor Wales read and presented a proclamation declaring May 5, 2016
as National Day of Prayer in the City of Auburn to Daniel Behrens.
Mr. Behrens thanked the Mayor and Council for their support of the faith
community.
B. Stand Against Racism Day Proclamation
Deputy Mayor Wales read and presented a proclamation declaring April 29, 2016
as Stand Against Racism Day in the City of Auburn to Mercedes Ripple of the
YWCA. Ms. Ripple thanked the Council for their support of the YWCA's annual
campaign to raise awareness against racism.
C. International Earth Day Proclamation
Deputy Mayor Wales read and presented a proclamation declaring April 22, 2016
as International Earth Day in the City of Auburn to Environmental Services
Manager Chris Anderson. Accompanying Mr. Anderson was Environmental
Assistant Christina Jarvis and Environmental Assistant Maggie Gipson.
Environmental Services Manager Anderson thanked Council for their support of
the environment and gave a brief history of Earth Day. Ms. Gibson provided
suggestions on how citizens can be environmentally friendly year round; such as
Page 1 of 8
CA.A Page 5 of 119
turning off the water, recycling and planting native plants. Ms. Jarvis encouraged
everyone to get involved in one of the events the City has planned in the month of
April such as the movie night at the Senior Center or Clean Sweep.
III. APPOINTMENTS
A. Appointments to Auburn Transportation Advisory Board
City Council to confirm the appointments to the Auburn Transportation Advisory
Board
Members appointed to a one year term to expire December 31, 2017:
Position: Name :
Citizen at Large Andrew Serr
High School Student Tyler Cushing
Auburn Downtown Association Barb Atrops
Senior Citizen Pamela Gunderson
Transit User Naima Rushiddin
Members appointed to a two year term to expire December 31, 2018:
Position: Name:
Citizen at Large Steve Carstens
Bicycling Community Roger Gillette
Local Business Michael Harbin, Jr.
Green River College Ronald Riley
Americans with Disabilities (ADA) Jeanette Miller
Members appointed to a three year term to expire December 31, 2019:
Position: Name:
Chamber of Commerce Jim Wilson
Citizen at Large Katie Chalmers
Auburn School District Dennis Grad
Muckleshoot Indian Tribe Dezarae Hayes
Local Business Dennis Moore
Councilmember Holman moved and Councilmember Trout-Manuel seconded to
approve the appointments to the Auburn Transportation Advisory Board.
Councilmember Holman stated the group of appointees are very diverse.
MOTION CARRIED UNANIMOUSLY. 7-0
IV. AGENDA MODIFICATIONS
The agenda was modified to include a National Day of Prayer proclamation, a Stand
Against Racism proclamation, an International Earth Day proclamation, appointments
to the Auburn Transportation Advisory Board and Resolution No. 5230.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing for Resolution No. 5224 (Hinman)
City Council to conduct a public hearing to receive comments and
suggestions with regards to Resolution No. 5224 declaring utility property as
surplus
Page 2 of 8
CA.A Page 6 of 119
Deputy Mayor Wales opened the public hearing at 7:22 p.m. No one came
forward to speak, and the hearing was closed.
2. Public Hearing for the Consolidated Annual Performance and Evaluation
Report (CAPER) (Hinman)
City Council to conduct a public hearing on the 2015 Consolidated Annual
Performance and Evaluation Report (CAPER) for the Community
Development Block Grant Program
Deputy Mayor Wales opened the public hearing at 7:23 p.m. No one came
forward to speak, and the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Alan Keimig, 216 A Street NW, Auburn
Mr. Keimig spoke in support of Ordinance No. 6596 regarding the rezoning of one
parcel. He was concerned with the tone of the staff report. He feels the City could
do more to help property owners trying to develop their land.
Joell Nylund, 32538 112th Pl SE, Auburn
Ms. Nylund asked for Council to consider an exemption for service dogs as
potentially dangerous dogs. She stated service dogs are not pets they are a highly
trained medical equipment.
Leslie Kessler, 1560 S. Atlantic St, Seattle
Ms. Kessler has worked at Green River College for 30 years. She is the Faculty
Instructional Chair for the Early Childhood Education program. She expressed
her concerns regarding the current president and board at Green River College.
She said problems at the college impact the surrounding jurisdictions. She
explained the administration mandated a Program Prioritization Process called the
PPP to evaluate each program. She stated the programs slated for cuts are Early
Childhood Education, History, Earth Science and Geography.
Diana Holz, 1214 W St NW, Auburn
Ms. Holz has worked at Green River College for over 25 years. She is the
Program Coordinator for the Early Childhood Education program. She is the
owner of Green River Montessori School. She spoke about the Race to the Top
grant funds the Auburn School District received for building a robust ECE
through 3rd grade network. When the funding from the Federal Government
ended, Washington State continued to fund the program. She explained the
program helps train all levels of ECE professionals. She asked for Council's
support for their program.
Mark Tomason, 18306 152nd Ave SE, Renton
Mr. Tomason has taught history at Green River College for 13 years. He is also
the chair of the Social Science division at the college. He said one of the
programs that is up for elimination is geography. He noted the classes are full and
enrollment in the geography classes have increased by nearly 20% each year
over the last two years. The business office reported that the return on investment
for the geography department is 215%. If the geography department is eliminated,
it would take opportunities away from students who are in the process of getting
their AA transfer degree and Running Start students. He asked for Council's help
in saving these programs.
David Norberg, 1024 E 44th ST, Tacoma
Page 3 of 8
CA.A Page 7 of 119
Mr. Norberg has been teaching history at Green River College for 15 years. He
shared if the college cuts the history department it would have a devastating effect
on the population of Auburn. The Running Start program would not be viable at
Green River College if they cut the history program because history is a
graduation requirement.
Katheran Shaw, 7011 18th Ave NW, Auburn
Ms. Shaw stated she teaches earth science, geology and oceanography. Her
programs are on the list to be eliminated. She explained the importance of
geology in our area. She said taking geology away from students at the
undergraduate level would be very detrimental to the community at large.
John Avery, 2501 N Union Ave, Tacoma
Mr. Avery has worked at Green River for over 23 years. He teaches English as a
second language and also partners with the carpentry program. He expressed
concerns that the college has become dysfunctional. He stated faculty and staff
members will be contacting surrounding jurisdictions and asking for intervention
from the community.
Aaron Leavitt, 5603 Elizabeth Loop SE, Auburn
Mr. Leavitt teaches English as a second language at Green River College. He is
also the chair of the transitional studies and wellness division. They serve the
immigrant and refugee population. One avenue for them to develop skills to earn a
living wage is to participate in the IBEST (Integrated Basic Education and Skill
Training) program. This program allows staff from the English as a second
language program to work with students participating in various programs
including ECE and carpentry. These programs have a large impact on the
community. Mr. Leavitt asked for Councils support.
Brad Johnson, 7163 Beach Drive SW, Seattle
Mr. Johnson has taught English at the college for 22 years. He stated the faculty
and staff need the activism of the Council and the community to stop the Green
River College President. He suggested times and places Council could come
speak to the Green River College Board of Trustees.
Ajay Narayanan, 5404 S 314th St, Auburn
Mr. Narayanan stated the established programs bring in on average $1.22 per
dollar spent. He suggested the cuts need to come from the areas that spend
money not ones that make money. The educational programs meet a critical goal
for the community. He suggested Council and citizens write to the State elected
officials.
Robin Bowls, 602 19th St SE, Auburn
Mr. Bowls teaches Drama at Green River College. He expressed
concerns about the different messages coming from the administration.
Fran Fredericks, 1609 19th Drive NE, Auburn
Ms. Fredericks is a student Green River College. She shared her experience with
being able to attend a local collage and the opportunities she would not have
without a local school.
Loise Ermish, 11015 SE 291st ST, Auburn
Ms. Ermish works at Green River College as a classified staff member. She
explained the classified staff also need assistance. The classified staff have been
cut to the point of not being able to safely maintain the buildings.
Leanne Simpson, 1921 Maryanne Drive, Auburn
Page 4 of 8
CA.A Page 8 of 119
Ms. Simpson is a teacher a Green River College. She has wanted to teach at
Green River since she attended a conference at Green River College in graduate
school. She said the students are the priorities for the teachers. She requested
Councils help to protect the programs at Green River College.
Doug Carr, 11430 SE 326th Place, Auburn
Mr. Carr said he had started teaching at Green River College during its second
year in operation. He expressed his concern with the changes that have
happened at the College. He said it is not the administration that can make a
college successful it is the teaching staff.
Deputy Mayor Wales thanked everyone for sharing their concerns.
C. Correspondence
There was no correspondence for Council review.
VI. 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.
Councilmember DaCorsi reported on behalf of the Finance ad hoc committee that
reviews claims and payroll vouchers. Councilmember DaCorsi reported he and
Councilmember Baggett reviewed the claims and payroll vouchers as presented and
described on this evening's agenda and recommend their approval.
VII. 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 July 27, 2015 Study Session Meeting
B. Minutes of the August 10, 2015 Study Session
C. Minutes of the April 4, 2016 Regular City Council Meeting
D. Claims Vouchers (Coleman)
Claims voucher numbers 438087 through 438305 in the amount of $4,143,855.45
and four wire transfers in the amount of $501,317.04 and dated April 18, 2016.
E. Payroll Vouchers
Payroll check numbers 536355 through 536389 in the amount of $560,959.56
electronic deposit transmissions in the amount of $1,424,483.48 for a grand total
of $1,985,443.04 for the period covering April 1, 2016 to April 13, 2016.
Councilmember Holman moved and Councilmember Trout-Manuel seconded to
approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
Page 5 of 8
CA.A Page 9 of 119
A. Ordinance No. 6596, First Reading (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, rezoning one
parcel, 21,000 square feet in size, from R-7 Residential to R-20 Residential, to
implement the Comprehensive Plan and amending the City's Comprehensive
Zoning Map
Councilmember Holman moved and Councilmember DaCorsi seconded to adopt
Ordinance No. 6596.
Councilmember Holman moved and Councilmember Peloza seconded to suspend
the rules and waive second reading of Ordinance No. 6596.
MOTION CARRIED UNANIMOUSLY. 6-1 Councilmember DaCorsi voted no.
MOTION TO ADOPT ORDINANCE NO. 6596 PASSED UNANIMOUSLY. 7-0
B. Ordinance No. 6591, Second Reading (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 18.56.010, 18.56.010, 18.56.020 and 18.56.030 of the Auburn City Code
and City of Auburn Ordinance Numbers 6327, 6353, 6403 and 6501 as to the
effective dates of said ordinance amendments all relating to temporary signs
Deputy Mayor Wales stated Ordinance No. 6591 was discussed at the April 4th
Council meeting.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. RESOLUTIONS
A. Resolution No. 5224 (Hinman)
A Resolution of the City Council of the City of Auburn, Washington, declaring
certain real property as surplus and authorizing the Mayor to negotiate and
execute a purchase and sale agreement between the City of Auburn and Bruce
and Julie Molen
Councilmember Holman moved and Councilmember Trout-Manuel seconded to
adopt Resolution No. 5224.
Property and Facility Analyst Arndt stated this resolution surpluses a small portion
of the storm water retention pond. Surplusing of the property does not have an
adverse effect on the storm water pond. The Molen's have provided the City with
a letter of intent to purchase the property including paying all closing costs and all
costs associated with the boundary line adjustment.
Councilmember Wagner asked how the value was established. Property and
Facility Analyst Arndt explained the Molens hired a Washington State
certified appraiser.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5227 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to negotiate and execute, on behalf of the City, an Airport Property Lease
with Classic Helicopters Corporation
Councilmember Trout-Manuel moved and Councilmember Holman seconded to
adopt Resolution No. 5227.
Councilmember Trout-Manuel spoke in favor of Resolution No. 5227.
Page 6 of 8
CA.A Page 10 of 119
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 5228 (Faber)
A Resolution of the City Council of the City of Auburn, Washington, amending
the City of Auburn Parks and Recreation Fee Schedule
Councilmember Baggett moved and Councilmember DaCorsi seconded to adopt
Resolution No. 5228.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 5229 (Hinman)
A Resolution of the City Council of the City of Auburn, Washington, to accept the
Consolidated Annual Performance and Evaluation Report (CAPER) for the 2015
program year
Councilmember DaCorsi moved and Councilmember Holman seconded to adopt
Resolution No. 5229.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 5230
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute a waiver of the right to an appraisal and compensation from the
Bonneville Power Administration for the granting of an easement to the
Administration
Councilmember DaCorsi moved and Councilmember Holman seconded to adopt
Resolution No. 5230.
Councilmember Wagner asked why the City would not require an appraisal.
Assistant City Attorney Ruth explained the cost of the appraisal would be close to
the value of the property.
MOTION CARRIED. 6-1 Councilmember Wagner voted no.
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
Councilmember Trout-Manuel reported she attended the LEOFF Board meeting,
the Good Eggs Breakfast, Coffee Hour at the Senior Center, the grand opening of
Sports Clips, and the Junior City Council meeting. She also reported she was the
keynote speaker at the Consejo Counseling and Referral fund raiser for Domestic
Violence awareness.
Councilmember Baggett reported he attended two volunteer celebrations.
Councilmember Peloza reported he attended the King County Solid Waste
Advisory Committee meeting and the Mayors Taskforce on homelessness. He
also spoke on product stewardship.
Councilmember Wagner reported he attended the Wesley Homes Rehabilitation
Center grand opening, Pierce County Transportation Policy Board meeting and
the Good Eggs breakfast.
Page 7 of 8
CA.A Page 11 of 119
Councilmember Holman reported he attended the Puget Sound Regional
Council Growth Management Policy Board meeting.
Councilmember DaCorsi reported he attended the Arbor Day events.
Deputy Mayor Wales reported she attended the Junior City Council meeting.
B. From the Mayor
Mayor Backus was not in attendance.
XIII. ADJOURNMENT
There being no further business before the Council, the meeting adjourned at 8:45 p.m.
APPROVED this 2nd day of May, 2016.
__________________________________ __________________________________
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
Page 8 of 8
CA.A Page 12 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
April 26, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claims vouchers.
Background Summary:
Claims voucher numbers 438306 through 438465 in the amount of $1,212,910.90
and five wire transfers in the amount of $193,123.47 and dated May 2, 2016.
Reviewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 2, 2016 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 13 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
April 26, 2016
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to approve payroll vouchers.
Background Summary:
Payroll check numbers 536390 through 536421 in the amount of $704,858.21
and electronic deposit transmissions in the amount of $1,399,731.04 for a grand total
of $2,104,589.25 for the period covering April 14, 2016 to April 27, 2016.
Reviewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:May 2, 2016 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 14 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C222a0
Date:
April 25, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. C222a S 277th
Street Corridor Capacity & Non-Motorized Trail Improvements.
Background Summary:
The S 277th Street Corridor Capacity and Non-Motorized Trail Improvements project
(Project) consists of intersection improvements and major roadway widening on S
277th Street from Auburn Way North to L Street NE.
This project will be bid with a Base Bid and one Additive Bid as follows:
Base Bid: All work along S 277th Street from Auburn Way North to approximately 750
feet east of L Street NE (shown as the solid red hatching in the attached vicinity map).
The major components of the Base Bid include adding two new eastbound through
lanes, one new westbound through lane, a Class I separated non-motorized trail,
street lighting improvements, storm drainage improvements, waterline improvements,
streetscape improvements, Intelligent Transportation System (ITS) improvements, a
permanent variable message sign, intersection capacity and safety improvements,
and auxiliary turn lanes at Auburn Way North, D Street NE, and the future I Street NE.
Based on the current engineer’s estimate of probable construction costs, staff
anticipates the funding available from the secured grants and City Funds will be
sufficient to complete the Base Bid work.
Additive Bid: All work on 83rd Avenue South from S 277th Street to approximately
550 feet north (shown as the green hexagonal hatching in the attached vicinity map).
The major components of the Additive Bid include street lighting improvements, storm
drainage improvements, sidewalks, a retaining wall, an auxiliary turn lane at 83rd
Avenue S, and a grind and overlay of the pavement surface.
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 15 of 119
Advertising for construction bids is anticipated to begin in May 2016 with construction
anticipated to begin in July 2016 which will meet the fish construction window for the
project. Construction of the project is expected to last 18 months.
Budget Considerations:
Unless bids are lower than expected, it is anticipated that awarding the Additive Bid
would require a project budget increase in the 102 Arterial Streets Fund of
$398,538.00. The actual amount of this increase (if any), and whether or not staff
recommends including the Additive Bid work in the contract, will be addressed in the
award consent item brought to Council for consideration in June. If the Additive Bid is
awarded, an in-fund adjustment will be included in Budget Amendment #6.
The need for water line improvements in the Base Bid work was identified during
design in 2016 and was not part of the original project scope. Therefore, a project
budget increase within the 460 Water Fund will be needed to fund these
improvements. The estimated amount of this budget increase is $114,026.00. The
needed water funds are available within the current 460 Water Fund budget from
other projects where the actual expenditures are lower than originally budgeted. This
in fund adjustment will be included in Budget Amendment #6 which will occur after the
Council's consideration of award of the project.
Finally, as discussed at the Council Study Session on April 11, 2016, during the
environmental permitting process, the potential need for noise abatement along the
south side of S 277th Street, adjacent to the Trail Run community, was identified.
Washington State Department of Transportation (WSDOT) processes associated with
the Federal funding in this project require the City to conduct polling of the Trail Run
community to determine whether or not WSDOT will require the City to construct a
noise wall. If a noise wall is required, the noise wall work would be advertised as a
separate construction contract, and additional project funding of approximately
$525,000.00 may be needed to fund design and construction of the wall.
Reviewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:May 2, 2016 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 16 of 119
Project No: C222a0 Project Title:
Project Manager: Ryan Vondrak (Kim Truong)
2016 Project Update 99% est
Initiation Date: February 4, 2013 Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding
Prior Years
(Actual)2013 (Actual)2014 (Actual)2015 (Actual)2016 2017 Total
102 Fund - Unrestricted24,82524,97149,528308,062 407,386
102 Fund - Federal Grant090,503317,346552,160 60,691 1,020,700
102 Fund - Private Developer (RPG)**0000 2,300,000 2,300,000
102 Fund - Traffic Impact Fees0003,719 1,128,081 1,131,800
460 Fund - Water 0000 0 0
TIB Grant 4,000,000 4,000,000
Total24,825115,474366,874863,9417,488,7718,859,886
**Property dedicated by RPG is estimated at $1.3 million
Activity
Prior Years
(Actual)2013 (Actual)2014 (Actual)2015 (Actual)2016 2017 Total
Design Engineering - City Costs24,82534,79040,37471,659 39,682 211,330
Design Engineering - Consultant Costs80,684326,500792,282 100,534 1,300,000
ROW - Property Acquisition***1,326,894 1,326,894
ROW - Property Acquisition - City Costs 5,500 5,500
ROW - Property Acquisition - Consultant Costs 50,000 50,000
Construction Estimate Base Bid 5,470,000 5,470,000
Authorized Contingency Base Bid (5%)273,500 273,500
Construction Estimate Additive Bid 485,930 485,930
Authorized Contingency Additive Bid (5%)24,297 24,297
Construction Engineering - City Costs 125,000 125,000
Construction Engineering - Consultant Costs 100,000 100,000
Total24,825115,474366,874863,9418,001,33609,372,450
***$1.3 million of this is approximate value of land dedicated to the City for ROW by RPG
Prior Years
(Actual)2013 (Actual)2014 (Actual)2015 (Actual)2016 2017 Total
*102 Funds Budgeted ( )(24,825)(115,474)(366,874)(863,941)(7,488,771)0(8,859,886)
102 Funds Needed 24,825115,474366,874863,9417,887,31009,258,424
*102 Fund Project Contingency ( )0 (0)(0)0000
102 Funds Required 0000398,5390398,538
Prior Years
(Actual)2013 (Actual)2014 (Actual)2015 (Actual)2016 2017 Total
*460 Funds Budgeted ( )0000000
460 Funds Needed 0000114,0260114,026
*460 Fund Project Contingency ( )0000000
460 Funds Required 0000114,0260114,026
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
102 Arterial Street Budget Status
BUDGET STATUS SHEET
S 277th St Corridor Capacity & Non Motorized Trail Improvements
Date: 4/19/16
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\C222A-S277-AWNtoGreenRvr\PWCCouncilInfo\May 2, 2016 Council Permission to Advertise\Budget Status 277.xls1 of 1CA.D Page 17 of 119
CA.D Page 18 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1507
Date:
April 25, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP1507, Auburn
Way North Preservation
Background Summary:
The project consists of rehabilitating and preserving the existing pavement on Auburn
Way North between 22nd Street NE and 45th Street NE by performing a thick asphalt
grind and overlay, restoring 7.3 lane miles of pavement. The project will also upgrade
33 curb ramps to meet current ADA standards, replace unused driveways with
sidewalks, replace pedestrian signal infrastructure at four intersections to comply with
current ADA standards, remove and replace one signal pole, replace detection loops,
install a small section of storm pipe to address drainage issues, and complete
roadway re-striping.
Advertising for construction bids is anticipated to begin in May 2016 with construction
anticipated to begin in July 2016. Construction of the project is expected to last 6
months.
Unless bids are lower than expected, it is anticipated that the following in-fund
adjustments will be needed: 105 Arterial Street Preservation Fund in the estimated
amount of $55,655.00, 460 Water Fund in the estimated amount of $11,396.00, and
462 Storm Drainage Fund in the estimated amount of $43,149.00. These funds are
available from other projects where the actual expenditures are less than originally
budgeted. The actual amount of these adjustments (if any) will be addressed in the
award consent item brought to Council for consideration in June. these in-fund
adjustments will be included in Budget Amendment #6 which will occur after the
Council's consideration of award of this project.
A project budget contingency of $25,329.00 remains in the 461 Sewer Fund.
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 19 of 119
Reviewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:May 2, 2016 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 20 of 119
Project No: CP1507 Project Title:
Project Manager: Joel Chalmers
90% Design Cost Estimate
Initiation Date: __2/25/15_______ Permision to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2015 (Actuals)2016 Future Years Total
105 Fund - Unrestricted 85,000 887,500 972,500
105 Fund - Federal Grant 80,000 887,500 967,500
460 Fund - Water 0 16,000 16,000
461 Fund - Sewer 5,000 70,000 75,000
462 Fund - Storm 0 42,500 42,500
Total 0 170,000 1,903,500 0 2,073,500
Activity Prior Years 2015 (Actuals)2016 Future Years Total
Design Engineering - City Costs 88,667 55,000 143,667
Design Engineering - City Costs (Utilities)1,860 5,640 7,500
Design Engineering - Survey Consultant 36,770 36,770
Construction Estimate 1,685,434 1,685,434
Authorized Project Contingency 100,000 100,000
City Procured Constuction Materials 30,000 30,000
Construction Engineering - City Costs 135,000 135,000
Construction Engineering - Consultant Costs (Testing)20,000 20,000
Total 0 127,297 2,031,074 0 2,158,371
Prior Years 2015 (Actuals)2016 Future Years Total
*105 Funds Budgeted ( )0 (165,000)(1,775,000)0 (1,940,000)
105 Funds Needed 0 125,437 1,870,218 0 1,995,655
*105 Fund Project Contingency ( )0 (39,563)0 0 0
105 Funds Required 0 0 95,218 0 55,655
Prior Years 2015 (Actuals)2016 Future Years Total
*460 Funds Budgeted ( )0 0 (16,000)0 (16,000)
460 Funds Needed 0 0 27,396 0 27,396
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 11,396 0 11,396
Prior Years 2015 (Actuals)2016 Future Years Total
*461 Funds Budgeted ( )0 (5,000)(70,000)0 (75,000)
461 Funds Needed 0 1,860 47,811 0 49,671
*461 Fund Project Contingency ( )0 (3,140)(22,189)0 (25,329)
461 Funds Required 0 0 0 0 0
Prior Years 2015 (Actuals)2016 Future Years Total
*462 Funds Budgeted ( )0 0 (42,500)0 (42,500)
462 Funds Needed 0 0 85,649 0 85,649
*462 Fund Project Contingency ( )0 0 0 0 0
462 Funds Required 0 0 43,149 0 43,149
* ( # ) in the Budget Status Sections indicates Money the City has available.
Estimated Cost (Funds Needed)
460 Water Budget Status
461 Sewer Budget Status
462 Storm Budget Status
105 Arterial Street Budget Status
BUDGET STATUS SHEET
Auburn Way North Preservation Project
Date: April 21, 2016
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
H:\PROJ\CP1507-AWN Preservation Project\3.00 Project Management\3.20 Budget\CP1507 BudgetStatusSheet.xls 1 of 1CA.E Page 21 of 119
Auburn Way North Preservation
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/6/2014
Auburn Way North
Preservation Project
CA.E Page 22 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1411
Date:
April 25, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP1411,
Muckleshoot Indian Tribe Master Meters.
Background Summary:
This project will install 2 master meters and backflow prevention assemblies at the
Muckleshoot Indian Tribe (MIT) casino site located at 2600 Auburn Way South in the
City’s Academy service area, as shown in the attached vicinity map. This project will
isolate the MIT on-site water system from the City’s public water system and ease
both the City and MIT account administration as well as business and maintenance
and operation interference.
Advertising for construction bids is anticipated to begin in May 2016 with construction
anticipated to begin in July 2016. Construction of the project is expected to last 3
months.
Unless bids are lower than expected, it is anticipated that an in-fund budget
adjustment of $65,836.00 from the 460 Water Fund will be required this year to fund
the project. These funds are available from other projects where the actual
expenditures are less than originally budgeted. The actual amount of this
adjustment (if any) will be addressed in the award consent item brought to Council for
consideration in June. This in-fund adjustment will be included in Budget Amendment
#6 which will occur after the Council's consideration of award of this project.
Reviewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:May 2, 2016 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 23 of 119
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 24 of 119
Project No: CP1411 Project Title:
Project Manager: Joel Chalmers
60% Design Cost
Initiation Date: ____9/14/2014_____ Permission to Advertise
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2015 (Actual)2016 Future Years Total
460 Fund - Water Repair and Replacements 4,419 18,410 57,170 80,000
460 Fund - Water Bond Issuance 400,000 400,000
Total 4,419 18,410 457,170 0 480,000
Activity Prior Years 2015 (Actual)2016 Future Years Total
Design Engineering - City Costs 4,419 18,410 28,200 51,030
Construction Estimate 422,606 422,606
Authorized Contingency (10%)42,200 42,200
Construction Engineering - City Costs 30,000 30,000
Total 4,419 18,410 523,006 545,836
Prior Years 2015 (Actual)2016 Future Years Total
*460 Funds Budgeted ( )(4,419)(18,410)(457,170)0 (480,000)
460 Funds Needed 4,419 18,410 523,006 0 545,836
*460 Fund Project Contingency ( )0 0 0 0 0
460 Funds Required 0 0 65,836 0 65,836
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Muckleshoot Indian Tribe Master Meters
Date: April 26, 2016
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
460 Water Budget Status
H:\PROJ\CP1411-Muckleshoot Master Meters\3.00 Project Management\3.20 Budget\BudgetStatusSheet.xls1 of 1CA.F Page 25 of 119
27th
ST
2
7
t
h
FI
R
P
L
1st ST
SE
WELL 3A/3B
WELL 4
WELL 1
PROJECT
LOCATION
CA.F Page 26 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6567, First Reading
Date:
April 26, 2016
Department:
Community Development &
Public Works
Attachments:
Ordinance No. 6567
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6567
Background Summary:
On March 14, 2016 staff representing the City Attorney’s Office and the Department of
Community Development and Public Works presented a series of draft code
amendments pertaining to the enforcement procedures for business license
compliance. The proposed amendments are contained in Chapter 5.10 (General
Business Licenses), Chapter 5.15 (Business License Enforcement), Chapter 5.20
(Individual License Regulations), and Chapter 5.22 (Rental Housing Business License
and Strategies). The purpose of the code amendments is to allow for the use of the
“civil infraction” and “civil penalty” options that are already laid out in Chapter 1.25
(Civil Penalties for Violations).
Chapter 1.25 of the City Code defines the majority of procedures and penalties
available to code enforcement. In situations where voluntary compliance is not
achieved, the City can wither pursue civil infractions which is a $250.00 infraction that
functions much like a ticket, or a civil penalty which is a $500 fine plus $100 per day
that may be liened against the property.
Currently, the Chapter 1.25 procedures are not available for use in the enforcement of
business licenses. Instead, business license violations are listed as a misdemeanor
punishable by $1,000 or 90 days in jail. It is staff’s opinion that most business license
violations are appropriately remedied using the civil procedures outlined in Chapter
1.25 and that prosecution as a misdemeanor is an excessive first step.
Additionally, Ordinance 6567 clarifies and adds to the list of information an applicant
must provide when applying for a business license.
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 27 of 119
This matter was presented to City Council during the March 14, 2016 study session
where support was provided for bringing Ordinance 6567 to a future City Council for
consideration of adoption.
Reviewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:May 2, 2016 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 28 of 119
ORDINANCE NO. 6 5 6 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 5 10 040, 5.15 110, 5.20 080 AND
5.22.120 OF THE AUBURN CITY CODE RELATING
TO ENFORCEMENT OF THE CITY'S BUSINESS
LICENSE REQUIREMENT
WHEREAS, the City of Auburn requires that all businesses operating in
Auburn obtain a business license issued by the City; and
WHEREAS, the City of Auburn code currently classifies the crime of
operating an unlicensed business in the City as a misdemeanor; and
WHEREAS, the reasons some individuals fail to obtain a business license
do not justify the severity of penalty associated with a misdemeanor crime; and
WHEREAS, progressive penalties allow for more flexible enforcement of
the business license obligation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1 Amendment to City Code. That section 5.10.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
5.10.040 General business license required — Exception.
A. Any person desiring to establish or conduct any business
enterprise or undertaking as defined in ACC 5 10.020 within the corporate
limits of the city, shall first apply to the business license clerk, as
designated by the mayor, for a license to conduct such business and
obtain such lioense as approved by the city The application shall be upon
a form furnished by the business license clerk on which the applicant shall
state the business name, address, and telephone number; the owner's
date of birth and qovernment-issued identification number (e.q. driver's
license number); the nature of the business activity or activities in which
the applicant desires to engage; the place where the business will be
conducted; the number of employees, and the name of the contact person
Ordinance No. 6567
April 26, 2016
Page 1 of 4
ORD.A Page 29 of 119
along with an address date of birth qovernment-issued identification
number, and telephone number, and the business identification number
issued by the state of Washington; and the IRS letter testifying to nonprofit
status or the copy of the application to the IRS
B It is unlawful for any person to operate or physically conduct any
business within the city without having first obtained a general business
license for the current business year or portion thereof The applicant for a
business license required under this title shall be over the age of 18 years.
If any person required to pay a license fee, by the terms and provisions of
this chapter, for any period fails or refuses to do so, they shall not be
granted a license for the current period until such delinquent license fee,
together with penalties, has been paid in full.
C Specific businesses identified in Chapters 3 80, 3.84, 3.88, 5.20,
5 30, 5.84 ACC or elsewhere in this title or other titles of the Auburn City
Code will be required to obtain an individual business license as otherwise
indicated.
D Any business within the city jurisdiction on any project requiring
a permit must have a business license.
E. Exception to City Business Licensing Requirement. A business
license is not required by the city of any person or persons who has/have
a valid, lawful license issued by the state of Washington to produce,
process or sell marijuana, marijuana concentrates, usable marijuana
and/or marijuana-infused products in conformity with the requirements of
the state of Washington related to such license pursuant to RCW
69 50.301 through 69.50 369, and WAC 314-55-005 through 314-55-540
Ord. 6525 § 3, 2014, Ord. 5897 § 3, 2005, Ord. 5814 § 2, 2004, Ord.
5754 § 1, 2003, Ord. 4012 § 2, 1984 )
Section 2. Amendment to City Code. That section 5.15 1100 of
the Auburn City Code be and the same hereby is amended to read as follows.
5.15.110 1°."'—Violations – Penalty
A. It shall be a violation of citv code
for anv Qerson or entitv to fail to comply with any provision of this title, ef
any other business license e regulation er iaa ce. or anv terms and
conditions of a business license of the citv. Unless a soecific penaltv is
expresslv orovided for a particular violation violations of this title shall
constitute either (1) a civil infraction or civil penaltv, punishable in
accordance with Chaater 1.25 of this code, or (2) a misdemeanor,
punishable
by a fine not exceeding $1,000, or
imprisonment in jail for any term not exceeding 90 days, or both,.-
Ordinance No. 6567
April 26, 2016
Page 2 of 4
ORD.A Page 30 of 119
B. In determininq which penaltv shall be used to enforce violations
of this title. if the offense is of a serious nature, it poses a risk to public
safetv, the violator has not.made qood.faith efforts to achieve compliance,
or there are limited other avenues for effective enforcement, the
investiqation officer mav refer a violation to the citv attornev for charqinq
as a misdemeanor.
C. Additional Relief. The citv.mav seek legal or equitable relief to
enjoin anv acts or practices or abate anv condition which constitutes or
will constitute a violation of the aaqlicable provisions of this chapter when
penalties provided here are inadequate to effect compliance. (Ord. 5754 §
2, 2003.)
Section 3. Amendment to City Code. That section 5.20 080 of
the Auburn City Code be and the same hereby is amended to read as follows.
5.20.080 Violation — Penalty
A- Any violation of the provisions of this chapter is a—a isdeaaeaaef
punishable in accordance with ACC 5.15.110'.'r o.
Q C....b. .i... .f c ..L. . .,1.4i.,.. .. ..+i1 F.+c .. en..,ic ..fFe..ce ...le 4L.ic
sqa eF (Ord. 5683 § 12, 2002; Ord. 4012 § 2, 1984 )
Section 4. Amendment to City Code. That section 5.22.120 of
the Auburn City Code be and the same hereby is amended to read as follows:
5.22.120 Violation — Penalty
Failure of a rental housing business owner, manager or operator to
operate a rental housing business without obtaining or maintaining in good
standing a rental housing business license, as required by this chapter, is a
i e;,,^,punishable in accordance with ACC 5.15.110 ° °^° ^F , ^ '^
a„:,,s. (Ord. 5882 § 1, 2005, Ord. 5651 § 1, 2002.)
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. Severability The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
Ordinance No. 6567
April 26, 2016
Page 3 of 4
ORD.A Page 31 of 119
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 7 Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law
FIRST READING
SECOND READING:
PASSED•
APPROVED•
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPROVED A FORM:
Da B Heid, City Attorney
Published:
Ordinance No. 6567
April 26, 2016
Page 4 of 4
ORD.A Page 32 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6599, First Reading
Date:
April 26, 2016
Department:
Planning and Development
& Public Works
Attachments:
Exhibit 1 Ordinance No. 6599
Exhibit 2 - Final Plat Map
Exhibit 3 - City Engineer's "Certificate of
Improvements"
Exhibit 4 - Hearing Examiner Decision
Exhibit 5 - Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6599
Background Summary:
Mark Tolas, representing Dulcinea Development, Inc., has made application for the
Final Plat of “Dulcinea”; located on the north side of SE 307th PL, approximately 300
ft. west of 124th AVE SE, in the “Lea Hill” area of the City. This Final Plat subdivides
the 1.45-acre site (King County Tax Parcel No. 0921059090) into 6 single-family
residential lots, 1 tract (Tract A) dedicated to Dulcinea Development, Inc. and its
successors and assigns as private open space, and dedication of public right-of-way.
See Exhibit 2.
The Preliminary Plat was approved as a single phase by the Hearing Examiner on
August 1, 2011 (PLT10-0001) with 4 conditions; see Exhibit 4. The plat, including
minor adjustments to the approved Preliminary Plat consistent with Auburn City Code
(ACC) 17.10.100(A), has been developed in accordance with the R5 Residential
zoning district, Title 17 ACC – “Land Adjustments and Division”, Chapters WAC 58.17
and RCW 35A.58, and the 4 conditions of the Preliminary Plat approval.
A Certificate of Improvements has been issued by the City Engineer, accepting
completion of all required plat public improvements in accordance with all applicable
standards of the City’s Engineering Design Standards in effect at the time of
Preliminary Plat approval.
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 33 of 119
The Final Plat has been reviewed by the various divisions of the Community
Development and Public Works Department and the Valley Regional Fire Authority
(VRFA), who find that all requirements have been met.
The role of the City Council in review of a Final Plat is ministerial in that it is limited to
determining whether or not the Final Plat meets the requirements of the Preliminary
Plat.
The City Council, in its Final Plat approval, cannot add, subtract or modify Preliminary
Plat requirements. Its decision is to either (1) approve the final plat if all Preliminary
Plat requirements have been met; or (2) deny approval of the Final Plat if any
Preliminary Plat requirements have not been met. If a Final Plat is being denied, it is
also appropriate for the City Council to identify any/all Preliminary Plat requirements
that have not been met.
Reviewed by Council Committees:
Other: Legal, CDPW, Survey, Building
Councilmember:Staff:Snyder
Meeting Date:May 2, 2016 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 34 of 119
ORDINANCE NO. 6 5 9 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF DULCINEA
WHEREAS, the City of Auburn received a final plat application for the Plat
of Dulcinea, Application No PLT16-0003, the final approval of which is
appropriate for City Council Action; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1 Dulcinea Development, Inc. has made application for the Final Plat of
Dulcinea"
2. The Preliminary Plat of "Dulcinea" (PLT10-0001) was approved by the
Hearing Examiner on August 1, 2011, as a single phase.
3. The Final Plat of "Dulcinea", which includes minor adjustments to the
approved Preliminary Plat consistent with Auburn City Code (ACC)
1710100(A), has been developed in accordance with all applicable
conditions of the Preliminary Plat.
4 A Certificate of Improvements has been issued by the City Engineer,
accepting completion of all required plat improvements in accordance with
all applicable standards of the City's Engineering Design Standards.
5 The Final Plat includes one publicly dedicated tract, Tract A, a private
open space tract.
CONCLUSIONS OF LAW
1 The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
2. The Final Plat of"Dulcinea" is consistent with the Comprehensive Plan.
3 The Final Plat meets the requirements of Chapter 58 17 RCW
Ordinance No. 6599
April 25, 2016
Page 1 of 4
ORD.B Page 35 of 119
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS.
Section 1. Approval. Dulcinea, a subdivision consisting of real
property located within the City of Auburn, Washington, which plat is legally
described on Sheet 1 of 3 of the Final Plat and set forth below•
THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON;
EXCEPT THE NORTH 135 FEET OF THE SOUTH 300 FEET OF
THE EAST 330 FEET OF SAID NORTHEAST QUARTER FO THE
NORTHWEST QUARTER OF SAID SECTION;
AND EXCEPT THE EAST 30 FEET FOR COUNTY ROAD
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
King County Tax Parcel No. 0921059090]
is hereby approved, and deemed to conform to the requirements for Plat
approval pursuant to State and local law and Chapter 58.17 of the Revised Code
of Washington and Section 58 17 140 thereof.
Section 2. Constitutionalitv or Invaliditv. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
Ordinance No. 6599
April 25, 2016
Page 2 of 4
ORD.B Page 36 of 119
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Auditor's
Division.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law
FIRST READING:
SECOND READING.
PASSED•
APPROVED
CITY OF AUBURN
NANCY BACKUS,
MAYOR
Ordinance No. 6599
April 25, 2016
Page 3 of 4
ORD.B Page 37 of 119
ATTEST
Danielle E. Daskam,
City Clerk
APP ED TO FO
Daniel B Heid,
City Attorney
Published.
Ordinance No. 6599
April 25, 2016
Page 4 of 4
ORD.B Page 38 of 119
ORD.B Page 39 of 119
ORD.B Page 40 of 119
ORD.B Page 41 of 119
ORD.B Page 42 of 119
ORD.B Page 43 of 119
ORD.B Page 44 of 119
ORD.B Page 45 of 119
ORD.B Page 46 of 119
ORD.B Page 47 of 119
ORD.B Page 48 of 119
ORD.B Page 49 of 119
ORD.B Page 50 of 119
ORD.B Page 51 of 119
ORD.B Page 52 of 119
Exhibit 5 Vicinity Map (Dulcinea Final Plat)
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
4/19/2016
ORD.B Page 53 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5217
Date:
April 26, 2016
Department:
City Attorney
Attachments:
Resolution No. 5217
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5217.
Background Summary:
Summary of Changes Proposed in Draft Rules Amendment
The changes included in the draft City Council Rules of Procedure change three areas
within the rules.
1. Section 3 of the Rules is amended to delete sections relating to a first and second
reading of ordinances, providing instead for preliminary review of ordinances at Study
Sessions (prior to placement on City Council Regular or Special Meeting agendas for
Council review and adoption.)
2. Section 16 of the Rules is amended to address review of ordinances at Study
Sessions (prior to placement on City Council Regular or Special Meeting agendas for
Council review and adoption.)
3. Section 17 of the Rules is amended to provide clarity with respect to Council liaison
positions and reports to the City Council.
Reviewed by Council Committees:
Councilmember:Staff:Heid
Meeting Date:May 2, 2016 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 54 of 119
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 55 of 119
RESOLUTION NO. 5 2 1 7
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, 5112 AND 5115
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, December 1, 2014 and December 15, 2014, the City Council
passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105,
5112 and 5115, respectively, which Resolutions adopted certain modifications to the
Council Rules of Procedure; and
WHEREAS, it would be appropriate for the City Council to amend its rules and
procedures so as to accommodate Council liaison reports and the review of ordinances
prior to adoption; and
WHEREAS, rather than the current procedure for first and second readings of
ordinances, the intended review could be accomplished through a procedure by which
Resolution No. 5217
April 25, 2016
Page 1 of 3
RES.A Page 56 of 119
ordinances would be placed on the agenda for a Study Session prior to inclusion of the
ordinances on City Council Meeting agendas for adoption; and
WHEREAS, such a change to the rules would accommodate the need of the City
Council to expedite review of ordinances where no further discussion is needed or to
slow down the process when more discussion would be helpful.
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
Deceriiber 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, Resolution No. 5112 on December 1, 2014, and Resolution No
5115 on December 15, 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.
Resolution No 5217
April 25, 2016
Page 2 of 3
RES.A Page 57 of 119
DATED and SIGNED this _ day of 2016
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP ED O FO .
iel B Heid, i A rn
Resolution No. 5217
April 25, 2016
Page 3 of 3
RES.A Page 58 of 119
Exhibit A—Resolution No. 5217
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION 1 AUTHORITY 1
SECTION 2 COUNCIL MEETINGS 1
SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING
AGENDA 4
SECTION 4 COUNCILMEMBER ATfENDANCE AT MEETINGS 12
SECTION 5 PRESIDING OFFICER - DUTIES 13
SECTION 6 COUNCILMEMBERS 14
SECTION 7 DEBATES 15
SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 15
SECTION 9 VOTING 18
SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 18
SECTION 11 PUBLIC HEARINGS AND APPEALS 19
SECTION 12 DEPUTY MAYOR SELECTION PROCESS 20
SECTION 13 COUNCIL POSITION VACANCY 21
SECTION 14 COUNCIL MEETING STAFFING 22
SECTION 15 COUNCIL RELATIONS WITH STAFF 22
SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN
ADVISORY BOARDS 23
SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 27
SECTION 18 TRAVEL AUTHORIZATION 30
SECTION 19 CONFIDENTIALITY 31
SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 31
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
Page 1RES.A Page 59 of 119
Exhibit A—Resolution No. 5217
The City Clerk shall be responsible for preparing agendas for all City Council meetings
pursuant to the authority of Section 2.03.100 of the City Code'
The City Clerk shall cause to be prepared action minutes of all of the Council meetings,
which minutes shall contain an account of all official actions of the Council. Council
meetings shall be electronically recorded and retained for the period of time as provided
by State law
2.1 Regular Meetings - In accordance with Sections 2.06.010(A) and 2.06 020 of
the City Code, the regular meetings of the City Council shall held on the first and
third Mondays of every month in the City Hall Council Chambers located at 25
West Main Street, Auburn, Washington. The regular meeting location may be
changed by a majority vote of the City Council.
Regular Council meetings will begin at the hour of 7 00 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Regular Council meeting falls on a legal holiday,
the meeting shall be held at 7•00 p.m. on the first business day following the
holiday
The Presiding Officer shall be as set forth in Section 5 1 herein.
The Presiding Officer shall be seated at the center of the dais, and the Deputy
Mayor shall be seated to the Presiding Officer's immediate left. When the
Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the
Deputy Mayor shall be seated in the center of the dais. The seating arrangement
for the other members of the Council shall be as directed by the City Council
pursuant to a motion duly made and seconded and approved by a majority of the
City Council, following the recommendation of an ad hoc committee of three
Councilmembers called for that purpose.
2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of agendas for the
meetings of the council and of the various boards, commissions and committees of the city, and for
including in those agendas the items and issues forwarded by the city council and/or or by the ad hoc
committees designated to act on behalf of the city council, and for including in those agendas the items
and issues proposed by the mayor and city administ ation, 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.)
Page 2RES.A Page 60 of 119
Exhibit A—Resolution No. 5217
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 Z
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.
Page 3RES.A Page 61 of 119
Exhibit A—Resolution No. 5217
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 inembers and/or consultants
authorized by the Mayor The public is restricted from attendance.
Executive sessions may be held during Regular and Special meetings, and Studv
Sessions, 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 O80) ]
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.
bY-44 si
Page 4RES.A Page 62 of 119
Exhibit A-Resolution No. 5217
g o i i i +r ia u ti .,..+e. ..
i , oe i, r,. ,.i nne .,
o,„y-9^ . ..,...... _........... ...__.. ..
x—aFld esend Readings Neald apPl7 —
w, .T--a- _! _.-.r_=' '=-- h , { .e,-r-c..urrv o2a rn r
B C' f .! C .J O .I' I.d F. L. F' ' I 4 f 4 hl.^
a
fA6 6
r•. oe„a .,,,
3_1 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 o cial 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.
Page 5RES.A Page 63 of 119
Exhibit A—Resolution No. 5217
E. Appointments
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 O cer 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
Page 6RES.A Page 64 of 119
Exhibit A—Resolution No. 5217
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
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 Oriiinances
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.
Page 7RES.A Page 65 of 119
Exhibit A—Resolution No. 5217
2. Prior to anv ordinance beinq considered for
adoption bv the Citv Council, the ordinance shall be included on a
Studv Session aqenda, for review and discussion as provided in
Section 16.1 (C)(5). Provided, however, that if the Mavor believes
that special emerqencv or exiqent circumstances exist reqardinq
the to need consider adoption of an ordinance without the
ordinance havinq been placed on a Studv Session aaenda, the
Mavor mav place the ordinance on a Reqular or Sqecial Citv
Council Meetinq aqenda with a request that the Citv Council
consider adoption of the ordinance at such Reqular or Special
Meetinq of the Citv Council. If there is not aqreement amonq
members of the Citv Council as to whether the ordinance should be
considered for adoation at the Reqular or Special Meetinq of the
Citv Council the matter shall be presented for a separate vote at
the Reqular or Sqecial Citv Council Meetinq, and decided bv
maioritv vote of the members of the Citv Council at said meetinq.
a.If a maioritv of the Citv Council members vote in favor of
considerinq adoption of the ordinance, the consideration of
the adoption of the ordinance shall be the next matter before
the Citv Council.
b.If a maioritv of the Citv Council votes in favor of reviewinq
and discussinq the ordinance at a Studv Session prior to
votinq on its adoption, the ordinance shall be placed on an
upcominq Studv Session aqenda for review and discussion.
f9r-_its_Geasido..,„ .,F ., c. ...., c,. .,.,, o,,..a,.,.. a,.u,.y s
2.C'. De...!'.. TL.e C'. 4 Do.,.lf..., ..f .,., (..al...,.,..e L,..II l.,Lv
r i,...e ..+ ., oe.. ., r., r„ ,. i nne„'.,
9 lrr l'n cL...11 L.., .,.L.IerJ iM, Ae.tinn
OQen.d.. n.•Ier (1rrJ'n ..e SL..a1 1
n n
The !'1rrd n..nne cL.ll L.e r.+n.J F.., hF.c. !'ih AHnrnev i
o„
r
Page 8RES.A Page 66 of 119
Exhibit A-Resolution No. 5217
TrM.. /1..1.nM.. hwll L.c. nl..ne'I L._F_.e 1Mc !`ih. (`..^nnil
a AA . 4h m 4ir n ;_ cennnller l (`r_..n:Imemhor_
rl'
V
o•hL.e mer'+c r.F .. rel-1ed 4
4hellr c._ _._-__ __ __ ____" - _._.__ _ -_
L 1 If kl ere i e enr nr +r fMc mnR'nn 4hc mn}n
P
s—B+ssassiep t#e aae sMa;T–be a
rl..nne .u'!L. C.-.nh'nn 7 r.t 4hec.. D Ie
r1 e c ll I+ 4 1L.4'4'I Herrr-oc"-r"io va viru rc iiivooi a'i cii 'vi c
tJ e e ^sc.,a—r°eac#n;dFlaess- the—:,Q
ti ce..,..,a oe a•.. ,.s .,., n..a., r r tooi +t,o
a ce,.,,..,a o.,M....., ch ll L._ ...^.,I_ h. ., .,,.,f...,cr
If Fh C .! .....d'.. i.ie. IL.. I"7hi /`......'
r on4 ..n 4he Ilrr!'n nnc F 4hc nn'n4 'n
6.ce.....,.a oe..,.,
o ..i.,,.o . .tio oe,.. i.,, r.., r., ....a nnoe.,,, .. „ F.,u,,....,.,
ti,. ,a.,, ,.a tie oe„ i. r;., r„ .,i nnm..., „ +tie G
1. kle n a'., e ti..0 tie ,.i a,.a ti„ nn.-,,,«..,.
A e s--and shall insdade e
a;,.+'„ ,.s ce,.....a oe a.,,.
Tl e (lrrlin+nn. nh..11 he re..r! l v fMc (`i1.. AHr rnev
nn ::d L Cen47nn 4 7 Dn nrnnh A _f 4L ccer.
D"
AI .. ...... ... ....° ni t. nl re 4he (lrrl.."._'...=°ic°..
Page 9RES.A Page 67 of 119
Exhibit A-Resolution No. 5217
dat e# t#e raeet+r ef tkae FirsE Reading.
r,. ,.•i..,e.,,h,,. .,, , .a.. tie .,,e. „f „ e
rel.4erl 1r 4he ll rd nnnne
a—B}ssassie ea t#e et+ea shall be—+a
41 er ..'r nm..:nie nrJer 4hecc
vuic. .:....... . ._ _'.._..._ _..'_' "'___
l7 Iv r f D.r.re.l r r 4i... n i.ie nJec
After a motion to adopt an ordinance has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the ordinance, without simply
repeating the ordinance title as read by the City Attorney and may choose
to comment on any results of Council discussion or action regarding the
issue.
Discussion and debate by the City Council on ordinances will be held prior
to the vote on an ordinance. Councilmembers shall decide whether or not
to amend the ordinance, or direct staff to further review the proposed
ordinance.
An ordinance shall be adopted by a majority vote of a quorum of the City
Council, provided that adoption of any ordinance that grants or revokes a
franchise or license shall require the affirmative vote of at least a majority
of the whole membership of the Council, and provided that public
emergency ordinances require a vote of a majority plus one of the whole
Council membership A public emergency ordinance is one designated to
protect public health and safety, public property, or public peace.
O Resolutions
All resolutions shall be in writing, and the titles thereof shall be read aloud
by the City Attorney prior to a vote being called on their passage, provided
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
Page 10RES.A Page 68 of 119
Exhibit A—Resolution No. 5217
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 afFrmative 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.
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.
Page 11RES.A Page 69 of 119
Exhibit A—Resolution No. 5217
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
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
i
Page 12RES.A Page 70 of 119
Exhibit A—Resolution No. 5217
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•
A. Shall preserve order and decorum at all meetings of the Council and
cause the removal of any person from any meeting for disorderly conduct;
B Shall observe and enforce all rules adopted by the Council;
C Shall decide all questions on order, in accordance with these rules,
subject to appeal by any Councilmember;
D Shall recognize Councilmembers in the order in which they request the
floor, giving every councilmember who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first,
and provided that the Presiding Officer may also allow discussion of an
issue prior to the stating of a motion when such discussion would facilitate
wording of a motion;
Page 13RES.A Page 71 of 119
Exhibit A—Resolution No. 5217
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 O cer'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
61 Remarks. - Councilmembers desiring to speak shall address the presiding
officer, and when recognized, shall confine himself/herself to the question under
debate.
6.2 Questioninq. - Any member of the Council, including the Presiding Offcer, 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 Obliqation to the Public Aqencv. - 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
members of the City Council and City staff in ways that promote effective local
government.
6 4 Council Traininq. - 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 AQencies and Orqanizations. - 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.
Page 14RES.A Page 72 of 119
Exhibit A—Resolution No. 5217
See former ACC 2.06.130 (1957 code § 1 04 130).]
SECTION 7 - DEBATES
7 1 Speakinq 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 Courtesv - 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 Trans4ression. - If a member of the Council shall transgress these rules on
debates, the Presiding Officer shall call such member to order, in which case
such member shall be silent except to explain or continue in order If the
Presiding Officer shall transgress these rules on debate or fail to call such
member to order, any other member of the Council may, under a point of order,
call the Presiding Officer or such other member to order, in which case the
Presiding Officer or such member, as the case may be, shall be silent except to
explain or continue in order
7 5 ChallenQe to Rulinq. - 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).
Page 15RES.A Page 73 of 119
Exhibit A—Resolution No. 5217
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 fuRher 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
thatpurpose.
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 iwo-thirds' majority vote.
Page 16RES.A Page 74 of 119
Exhibit A—Resolution No. 5217
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.
S 14 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote)
815 Debate of the motion only occurs after the motion has been moved and
seconded.
8 16 The Presiding Officer, City Attorney or City Clerk should repeat the motion prior
to voting.
8 17 The City Clerk will take a roll call vote, if requested by the Presiding Officer, a
Councilmember, or as required by law
8 18 When a question has been decided, any Councilmember who voted in the
majority may move for reconsideration. In order to afford Councilmembers who
voted in the majority the potential basis for a motion for reconsideration,
Councilmembers who voted in the majority may inquire of Councilmembers who
voted with the minority as to the reasons for their minority vote, if not stated
during debate prior to the vote.
8.19 The City Attorney shall act as the Council's parliamentarian and shall decide all
questions of interpretations of these rules which may arise at a Council meeting.
8.20 These rules may be amended, or new rules adopted, by a majority vote of the full
Council.
Page 17RES.A Page 75 of 119
Exhibit A—Resolution No. 5217
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 o cial
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 bv Mavor - Except where prohibited by law, the Mayor, as Presiding
Official, shall be allowed to vote to break a tie vote.
See former ACC 2.06 150 (1957 code § 1 04 150).]
SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
10.1 Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name and address
for the record, and limit their remarks to three (3) minutes, in addition to filling out
the speaker sign-in sheet available at the City Clerk's desk. All remarks will be
addressed to the Council as a whole. The City Clerk shall serve as timekeeper
The Presiding Officer may make exceptions to the time restrictions of persons
addressing the Council when warranted, in the discretion of the Presiding O cer
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).]
Page 18RES.A Page 76 of 119
Exhibit A—Resolution No. 5217
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:
A. The Department Director or designee shall present the issue to the
Couhcil 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 oppoRunity to
speak. The Presiding Officer may make exceptions to the time restrictions
of persons speaking at a public hearing when warranted, in the discretion
of the Presiding Officer
C The City Clerk shall serve as timekeeper during these hearings.
D After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in
further debate.
Page 19RES.A Page 77 of 119
Exhibit A—Resolution No. 5217
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
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
It may be that if there were a larger number of nominees in the initial election, there would no[ be (only) two
councilmembers who received the largest number of vores. For ins[ance, if one nominee received three votes a
second nominee received two votes and a third nominee also received two votes, it might be appropria[e to have an
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.
Page 20RES.A Page 78 of 119
Exhibit A—Resolution No. 5217
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 behnreen 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) ]
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
Page 21RES.A Page 79 of 119
Exhibit A—Resolution No. 5217
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
151 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.
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
Page 22RES.A Page 80 of 119
Exhibit A—Resolution No. 5217
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 hereo, 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:
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.
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.
Page 23RES.A Page 81 of 119
Exhibit A—Resolution No. 5217
C Study Session Meeting Format°
1 Call to Order
The Presiding Officer shall call the meeting to order
2. Roll call
The City Clerk will call the roll. Councilmembers may request to be
excused from a meeting by requesting the same of the Mayor or
City Clerk in advance of the meeting. The reason for the request
shall be given at the time of the request.
3 Announcements, Reports and Presentations
The Presiding Officer shall provide any announcements, reports or
presentations that need to be shared with the City Council in
advance of the agenda discussion items. After that these
announcements, reports or presentations, City Council members
may have questions or wish to discuss the issues at this time or
request that they be put on a future Study Session agenda for
further discussion.
4 Agenda items for Council Discussion.
The Presiding Officer shall announce each of the various items that
are on the agenda for Council discussion, and, as warranted,
request a preliminary report from staff or a consultant or other
individual(s) involved in the issue. The Presiding Officer shall
endeavor to call upon the members of the City Council in the oriier
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.
It is the intention of the City Council that Study Sessions shall be televised on the City's public access
channel if reasonably possible.
Page 24RES.A Page 82 of 119
Exhibit A—Resolution No. 5217
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. Ordinances
Prior to an ordinance beinq included for adoqtion on the aqenda of
a Reaular or Special Meetinq of the CiN Council the ordinance
shall be included on the aqenda of a StudV Session for Council
review and discussion.
a The Studv Session ordinance review requirement shall be
met even if the version to be considered at an upcominq Citv
Council Meetinq is amended from the version included on
the Studv session aqenda followinq review and discussion at
the Studv Session.
b If after Citv Council review and discussion of an ordinance
at a Studv Session the Citv Council is not readv to vote on a
proposed ordinance the ordinance mav be included on
another Studv session aqenda for further review and
discussion If there is not aqreement amonq members of the
Citv Council as to whether the ordinance should next come
before the City Council at a reqular or Special Meetinq of the
Citv Council for consideration of adoption or whether i4
should return for further review and discussion at a Studv
Session the matter shall be presented for a vote at the
Studv Session and decided bv maioritv vote of the members
of the Citv Council at the Studv Session.
6. 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
Page 25RES.A Page 83 of 119
Exhibit A—Resolution No. 5217
the Presiding Officer concludes that there is not sufficient time to
discuss or continue discussing the topic, the Presiding Officer may
deferdiscussion or continued discussion to a future Study Session.
7_Adjournment
The Presiding Officer shall adjourn the Study Session after
conclusion of discussion on the agenda items.
16.2 The Mayor or a majority of the City Council may establish such ad hoc
committees as may be appropriate to consider special matters that require
special approach or emphasis. Such ad hoc committees may be established and
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 othenvise 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
Page 26RES.A Page 84 of 119
Exhibit A—Resolution No. 5217
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 RCV.
16 7 Committee Chairpersons shall approve all agenda items and may, at their
discretion, remove or add agenda items during the course of the meeting.
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
17 1 If a Councilmember meets with, attends a meeting or otherwise appears ea
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.
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
Page 27RES.A Page 85 of 119
Exhibit A—Resolution No. 5217
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming Council
agendas at the public meetings. If Councilmembers wish to share
information with other councilmembers about matters that are on
upcoming agendas, the councilmembers should forward that information
to the Mayor for distribution in the council meeting packets.
B Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the
scope of the City Council's authority or related to City business, but not yet
scheduled on upcoming Council agendas, to indicate a desire that certain
items be included on upcoming meeting agendas, provided that
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 recipienUaddressee.
D Councilmembers may email the Mayor about City business without
limitations or restrictions.
17 5 Internet & Electronic Resources/Equipment Use.
A. Policy It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
03, "Internet & Electronic Resources/Equipment Use — Elected Officials"
adopted hereby and incorporated herein by this reference.
It is important to note that all letters, merimoranda, 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.
Page 28RES.A Page 86 of 119
Exhibit A—Resolution No. 5217
2. All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record.
Such records are subject to public inspection and copying.
3 Electronic communications that are intended to be shared among a
quorum of the City Council or of an ad hoc Council Committee,
whether concurrently or serially, must be considered in light of the
Open Public Meetings Act, if applicable. If the intended purpose of
the electronic communication is to have a discussion that should be
held at an open meeting, the electronic discussion shall not occur
Further, the use of electronic communication to form a collective
decision of the Council shall not occur
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 Council Relations with Citv Boards and Commissions.
A Council Liaisons.
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,
for limited purposes or under unusual circumstances, 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
Page 29RES.A Page 87 of 119
Exhibit A— Resolution No. 5217
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. Insofar as a
Council Liaison qosition does not qive all councilmembers equal access to
the activities functions and information of or about a board, commission,
committee task force or anV other advisoN bodv, appointments to Council
Liaison positions should be reserved to those instances where a Report to
the Council by the board, commission, committee, task force or anv other
advisorv bodv would not be convenient or practical.
B. Reports to the Council.
Each board commission committee, task force or any other advisorv
bodv of the Citv shall be requested to present a report to the Citv Council
at a Reqular Meetinq or a Studv Session of the City Council, as scheduled
bv the Mavor or De uty Mavor. Such repoRs shall be scheduled for a
Regular Council Meetinq or a Council Studv Session, and shall be
delivered bv the chair of the board, commission, committee, task force or
anv other advisorv bodv or desiqnee. The reports shall inform the Citv
Council of the activities functions and information with which the board,
commission, committee, task force or anv other advisorv bodv has been
involved since the previous reqort, and shall include the opportunitv for
questions bv Councilmembers.
17 7 Whenever a member of the City Council attends any meeting of any other entity
or organization, he or she should endeavor to be prudent in what he or she says
or does at such meeting. Further, the Councilmember should avoid attending
such meeting if that attendance would impose an interference with the meeting or
the operations of the other entity or organization, or of the operations of the City
SECTION 78 - 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
Page 30RES.A Page 88 of 119
Exhibit A— Resolution No. 5217
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
191 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
Page 31RES.A Page 89 of 119
Exhibit A=Resolution No. 5217
City Council Rules.'of Procedure:
Adopfed: Fe6ruary 2, 2004
Ordiriance No. 5802
Amended by Resolution_No,4282, December 17;2007
Amended tiy Resolution.No;4429, December 15; 2008
Ameniieii tiy Resolution No. 4467, April 6, 2009
Amended by Resolution;No. 4615, July 6, 2010
Amended.by Resolution No. 4686, February _2_2,_2011
Amended by. Resolution,No. 4740, August 15, 2011
Ameniied by Resolution No. 4813, May 21, 2012
Amended by Resolut'ion No 4909, February 19, 2013
Amended by Resolution;No. 5105, November 3, 2014
Amended by Resolution No. 5,112, December 1,2014
Amended by Resolution-No: 5116, Decemtier 15, 2014
Page 32RES.A Page 90 of 119
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5223
Date:
April 25, 2016
Department:
CD & PW
Attachments:
Resolution No. 5223
Draft Ordinance No. 6593
Ordinance No. 6018
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5223.
Background Summary:
Resolution No. 5223 sets the date of the public hearing for renewal of Franchise
Agreement No. 06-21 for Puget Sound Energy, Inc for May 16, 2016 at 7:00 pm in
Council Chambers.
Puget Sound Energy, Inc (PSE) has applied for renewal and amendment to their
existing Franchise Agreement to continue to operate within the City’s rights of way
natural gas transmission and distribution facilities for sale and service to customers
throughout the City. During review of the existing Franchise Agreement the City
determined that minor amendments to the Agreement were needed to provide for
better communication and coordination between PSE and the City. Per Auburn City
Code Chapter 20.06.140 a public hearing shall be held prior to granting or denying
renewal of a franchise agreement.
Draft Ordinance No. 6593 and Franchise Agreement No. 06-21, Ordinance No. 6018
are attached as back up documentation for Resolution No. 5223.
Reviewed by Council Committees:
Councilmember:Staff:Snyder
Meeting Date:May 2, 2016 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 91 of 119
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 92 of 119
RESOLUTION NO. 5223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE RENEWAL OF FRANCHISE
AGREEMENT NO 06-21 AND AMENDMENT OF
ORDINANCE NO 6018 WITH PUGET SOUND ENERGY,
INC.
WHEREAS, Puget Sound Energy, Inc. ("Grantee") has applied to the City for
renewal and amendment to their existing Franchise Agreement No. 06-21 for the right of
entry, use, and occupation of certain public rights-of-way within the City of Aubum; and
WHEREAS, the City has reviewed the Grantee's application materials, and the
City Engineer is satisfied that the application is sufficiently complete, so as to warrant
holding a public hearing before the City Council to consider the renewal and amendment
to the franchise agreement, pursuant to ACC 20.06.140 of the Auburn City Code (ACC).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1 That a hearing on the application by the Grantee for renewal and
amendment to Franchise Agreement No. 06-21, Ordinance No. 6018 with the City of
Auburn is hereby set for 7 00 p.m. on the 16th day of May, 2016, at the City Council
Chambers at 25 West Main Street, Aubum, Washington, 98001, with all persons wishing
to speak to the application at the public hearing being invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Resolution No. 5223
Franchise Agreement No. 06-21 Renewal
March 21, 2016
Page 1 of 2
RES.B Page 93 of 119
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of 2016.
CITY OF AUBURN
Nancy Backus
Mayor
Attest:
Danielle E. Daskam, City Clerk
Appr s to o :
niel B. Heid, i Attorney
Resolution No. 5223
Franchise Agreement No. 06-21 Renewal
March 21, 2016
Page 2 of 2
RES.B Page 94 of 119
------------------------------
Draft Ordinance No. 6593
PSE Gas Franchise Agreement Renewal
March 21, 2016
Page 1 of 6
ORDINANCE NO. 6593
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL
AND AMENDMENT OF ORDINANCE NO. 6018 FOR PUGET
SOUND ENERGY, INC FRANCHISE AGREEMENT FOR THE
TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL
GAS
WHEREAS, on June 14, 2006, the City Council adopted Ordinance No.
6018, granting a natural gas franchise to Puget Sound Energy, Inc. (“PSE”); and,
WHEREAS, Puget Sound Energy, Inc. wishes to renew said Franchise
Agreement for an additional five year term; and
WHEREAS, the City wishes to make minor amendments to the terms of
the Agreement; and
WHEREAS, following proper notice, the City Council held a public hearing
on PSE’s request for renewal and amendment of Ordinance No. 6018, at which
time representatives of PSE and interested citizens were heard in a full public
proceeding affording opportunity for comment by any and all persons desiring to
be heard; and
WHEREAS, based upon the foregoing recital clauses and f rom
information presented at such public hearing and from facts and circumstances
developed or discovered through independent study and investigation, the City
Council now deems it appropriate and in the best interest of the City and its
RES.B Page 95 of 119
------------------------------
Draft Ordinance No. 6593
PSE Gas Franchise Agreement Renewal
March 21, 2016
Page 2 of 6
inhabitants that the renewal and amendment of Ordinance No. 6018 be granted
to PSE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The City approves PSE’s application for renewal for one five-
year period as provided for in Section 14 of Ordinance No. 6018, a copy of which
is attached hereto, marked as Exhibit A, under the conditions set forth in this
Ordinance. Such five-year renewal period shall commence on the effective date
of this Ordinance.
Section 2. Section 17.6 and Section 17.7 of Ordinance No. 6018 are
hereby amended as follows;
17.6 During the term of this Franchise, PSE shall also provide the
City (and maintain current) a written list showing the names and telephone
numbers of the specific departments and (if applicable) individuals within
PSE that may be contacted by the City to identify and address problems
and issues that arise under this Franchise. PSE shall ensure that the list
includes contact information for addressing emergency support and
technical support issues (with emergency support being available 24
hours per day), and shall ensure that the names and telephone numbers
appearing on the list in those areas have the expertise and authority (or
access to the same) needed to address the problem or issue promptly and
RES.B Page 96 of 119
------------------------------
Draft Ordinance No. 6593
PSE Gas Franchise Agreement Renewal
March 21, 2016
Page 3 of 6
effectively. PSE shall use all reasonable efforts to respond to requests
from the City promptly, to work diligently with the City in resolving any
problems or issues identified by the City, and to actively communicate with
the City regarding each problem or issue from the time it is first identified
by the City until the time it is resolved. PSE shall update the list a
minimum of annually or more frequently as necessary to ensure that it
remains current and shall give written notice of the change to the City.
17.7 PSE and the City shall meet at a minimum of annually or
more frequently as necessary, as reasonably requested by the other party
from time to time, to discuss and coordinate their activities and upcoming
projects with respect to construction which may affect the public ways in
any manner in and effort to minimize public inconvenience, disruption or
damages.
Section 3. PSE shall, within thirty (30) days after the effective date of
this Ordinance, file with the City, a fully executed Statement of Acceptance of this
Ordinance, which written acceptance shall be Exhibit B, attached hereto and
incorporated herein by this this reference.
Section 4. This Ordinance shall supersede Ordinance No. 6018 to the
extent that it contains terms and conditions that change, modify, delete, add to,
supplement or otherwise amend the terms and conditions of Ordinance No.
RES.B Page 97 of 119
------------------------------
Draft Ordinance No. 6593
PSE Gas Franchise Agreement Renewal
March 21, 2016
Page 4 of 6
6018. All other provisions of Ordinance No. 6018 shall remain unchanged and in
full force and effect.
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the va lidity of its application to other persons or
circumstances.
Section 7. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
FIRST READING: _________________
SECOND READING: ______________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
RES.B Page 98 of 119
------------------------------
Draft Ordinance No. 6593
PSE Gas Franchise Agreement Renewal
March 21, 2016
Page 5 of 6
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
RES.B Page 99 of 119
------------------------------
Draft Ordinance No. 6593
PSE Gas Franchise Agreement Renewal
March 21, 2016
Page 6 of 6
EXHIBIT “B”
STATEMENT OF ACCEPTANCE
Puget Sound Energy, Inc., for itself, its successors and assigns, hereby accepts
and agrees to be bound by all lawful terms, conditions and provisions of the
Franchise Agreement, Ordinance No. 6018, attached hereto and incorporated
herein by this reference as amended by Ordinance No. 6593.
Puget Sound Energy
6905 S 228th Street
Kent, WA 98032
By: Date:
Name:
Title: Municipal Liaison Manager
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2016, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia l
seal on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
RES.B Page 100 of 119
RES.B Page 101 of 119
RES.B Page 102 of 119
RES.B Page 103 of 119
RES.B Page 104 of 119
RES.B Page 105 of 119
RES.B Page 106 of 119
RES.B Page 107 of 119
RES.B Page 108 of 119
RES.B Page 109 of 119
RES.B Page 110 of 119
RES.B Page 111 of 119
RES.B Page 112 of 119
RES.B Page 113 of 119
RES.B Page 114 of 119
RES.B Page 115 of 119
RES.B Page 116 of 119
RES.B Page 117 of 119
RES.B Page 118 of 119
RES.B Page 119 of 119