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HomeMy WebLinkAbout11-21-2022 City Council AgendaCity Council Meeting November 21, 2022 - 7:00 PM City Hall Council Chambers 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 II.LAND ACKNOWLEDGEMENT We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the land we are gathered on today. We thank them for their immense contributions to our state and local history, culture, economy, and identity as Washingtonians. III.PUBLIC PARTICIPATION 1.Public Participation The Auburn City Council Meeting scheduled for Monday, November 21, 2022 at 7:00 p.m. will be held in person and virtually. Virtual Participation Link: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Zoom, please call the below number or click the link: Telephone: 253 215 8782 Toll Free: 888 475 4499 Zoom: https://us06web.zoom.us/j/82611540250 A.Pledge of Allegiance IV.Roll Call V.ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS VI.APPOINTMENTS A.Civil Service Commission City Council to approve the appointment of David Boyd to the Civil Service Commission for a six year term expiring December 31, 2028 Page 1 of 81 (RECOMMENDED ACTION: Move to approve the appointment of David Boyd to the Civil Service Commission, for a six year term to expire December 31, 2028.) B.Auburn Municipal Airport Advisory Board City Council to approve the appointment of Chad Ellison to the Auburn Municipal Airport Advisory Board for a three year term expiring December 31, 2025 (RECOMMENDED ACTION: Move to approve the appointment of Chad Ellison to the Auburn Municipal Airport Advisory Board, for a three year term to expire December 31, 2025.) C.Transportation Advisory Committee City Council to approve the appointment of Tyson Hiffman to the Transportation Advisory Committee, Citizen at Large Position for a three year term expiring December 31, 2025 (RECOMMENDED ACTION: Move to approve the appointment of Tyson Hiffman to the Transportation Advisory Committee, Citizen at Large Position, for a three year term to expire December 31, 2025.) VII.AGENDA MODIFICATIONS VIII.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A.Public Hearings 1.Public Hearing for Ordinance No. 6879 (Thomas) City Council to conduct a Public Hearing to consider Ordinance No. 6879 adopting the 2023 - 2024 Biennial Operating Budget for the City of Auburn, Washington B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. 1.The public can participate in-person or submit written comments in advance. The public can provide comments in-person or submit written comments in advance of the scheduled meeting. Participants can submit written comments via mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350 words or less. Please mail written comments to: City of Auburn Attn: Shawn Campbell, City Clerk 25 W Main St Auburn, WA 98001 Please fax written comments to: Page 2 of 81 Attn: Shawn Campbell, City Clerk Fax number: 253-804-3116 Email written comments to: publiccomment@auburnwa.gov If an individual requires an accommodation to allow for remote oral comment because of a difficulty attending a meeting of the governing body, the City requests notice of the need for accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can request an accommodation to be able to provide remote oral comment by contacting the City Clerk’s Office in person, by phone (253) 931-3039, or email to publiccomment@auburnwa.gov C.Correspondence - (T here is no correspondence for Council review.) IX.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. 1.Finance Ad Hoc Committee (Chair Baggett) X.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A.Minutes of the November 7, 2022 Regular City Council Meeting B.Minutes of the November 14, 2022 Study Session Meeting C.Claims Voucher (Thomas) Claims voucher list dated November 21, 2022 which includes voucher numbers 470125 through 470291, in the amount of $5,086,033.54 and two wire transfers in the amount of $696,972.10 D.Payroll Voucher (Thomas) Payroll check numbers 539435 through 539442 in the amount of $82,288.28, electronic deposit transmissions in the amount of $2,536,051.71 for a grand total of $2,618,339.99 for the period covering November 3, 2022 to November 16, 2022 E.Setting the date for a Public Hearing to modify the 2023-2028 Transportation Improvement Program (Gaub) City Council to set the date for a Public Hearing to modify the 2023-2028 Transportation Improvement Program F.Public Works Project No. CP2003 (Gaub) City Council to approve an increase of $44,000.00 in the total maximum authorized contract amount for Public Works Contract No. 21-08; Construction of Project No. CP2003, 2nd Street SE Reconstruction Project Page 3 of 81 (RECOMMENDED ACTION: Move to approve the Consent Agenda.) XI.UNFINISHED BUSINESS XII.NEW BUSINESS A.Selection of Deputy Mayor XIII.ORDINANCES A.Ordinance No. 6879 (Thomas) An Ordinance adopting the 2023 - 2024 Biennial Operating Budget for the City of Auburn, Washington (RECOMMENDED ACTION: Move to adopt Ordinance No. 6879.) B.Ordinance No. 6880 (Thomas) An Ordinance establishing the levy for regular property taxes by the City of Auburn for collection in 2023 for general City operational purposes in the amount of $24,110,666 (RECOMMENDED ACTION: Move to adopt Ordinance No. 6880.) C.Ordinance No. 6882 (Thomas) An Ordinance increasing the rate of tax on utilities within the City, amending sections 3.40.010, 3.41.010, 3.42.020, 3.84.040, and 3.88.040 of the Auburn City Code (RECOMMENDED ACTION: Move to adopt Ordinance No. 6882.) D.Ordinance No. 6883 (Thomas) An Ordinance amending sections 13.06.360, 13.20.440, and 13.48.100 of the Auburn City Code (ACC), relating to City utility rates, and establishing a separate customer class for customers served by the City’s Braunwood Water Utility (RECOMMENDED ACTION: Move to adopt Ordinance No. 6883.) E.Ordinance No. 6888 (Thomas) An Ordinance adopting the 2023-2024 Biennial Capital Budget for the City of Auburn, Washington (RECOMMENDED ACTION: Move to adopt Ordinance No. 6888.) XIV.RESOLUTIONS A.Resolution No. 5690 (Tate) A Resolution authorizing an agreement between the City of Auburn and B-Force Protection Security (RECOMMENDED ACTION: Move to adopt Resolution No. 5690.) XV.MAYOR AND COUNCILMEMBER REPORT S Page 4 of 81 At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A.From the Council B.From the Mayor XVI.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. Page 5 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Ordinance No. 6879 (Thomas) Date: November 4, 2022 Department: Finance Attachments: No Attachments Available Budget Impact: $224,064,233 - 2023 $248,713,031 - 2024 Administrative Recommendation: City Council to conduct a final public hearing to receive public comments, proposals and suggestions on the 2023-2024 Preliminary Biennial Budget. **See Ordinance No. 6879 for more information on this item.** Background for Motion: Background Summary: Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:November 21, 2022 Item Number:PH.1 Page 6 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the November 7, 2022 Regular City Council Meeting Date: November 16, 2022 Department: City Council Attachments: 11-07-2022 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Background for Motion: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:November 21, 2022 Item Number:CA.A Page 7 of 81 City Council Meeting November 7, 2022 - 7:00 PM City Hall Council Chambers MINUTES 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 II.LAND ACKNOWLEDGEMENT We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the land we are gathered on today. We thank them for their immense contributions to our state and local history, culture, economy, and identity as Washingtonians. III.PUBLIC PARTICIPATION The City Council Meeting was held in person and virtually. A.Pledge of Allegiance Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street, and led those in attendance in the Pledge of Allegiance. IV.Roll Call Councilmembers present: Deputy Mayor James Jeyaraj, Kate Baldwin, Bob Baggett, Larry Brown, Robyn Mulenga, Chris Stearns, and Yolanda Trout-Manuel. Department directors and staff members present included: City Attorney Kendra Comeau, Chief of Police Mark Caillier, Director of Public Works Ingrid Gaub, Director of Parks, Arts, and Recreation Daryl Faber, Director of Finance Jamie Thomas, Business Systems Analyst Chrissy Malave, and Deputy City Clerk Hannah Scholl. V.ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS A.Native American Heritage Month Mayor Backus to proclaim November 2022 as "Native American Heritage Month" in the City of Auburn Mayor Backus proclaimed November 2022 as "Native American Heritage Month" in the City of Auburn. Page 1 of 5Page 8 of 81 Councilmember Chris Stearns accepted the proclamation. B.Small Business Saturday Mayor Backus to proclaim November 26, 2022 as "Small Business Saturday" in the City of Auburn Mayor Backus proclaimed November 26, 2022, as "Small Business Saturday" in the City of Auburn. Cheryl Rakes from the Downtown Auburn Cooperative accepted the proclamation. VI.APPOINTMENTS A.Junior City Council City Council to approve the appointment of Khysner Ghein to Auburn Junior City Council for a two year term expiring December 31, 2024 Deputy Mayor Jeyaraj moved and Councilmember Baggett seconded to appoint Khysner Ghein to the Auburn Junior City Council for a two-year term to expire on December 31, 2024. MOTION CARRIED UNANIMOUSLY. 7-0 VII.AGENDA MODIFICATIONS There were no modifications to the agenda. VIII.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A.Public Hearings 1.Public Hearing for Ordinance No. 6879 (Thomas) A Public Hearing to consider Ordinance No. 6879 adopting the 2023-2024 Biennial Operating Budget for the City of Auburn, Washington No one came forward to speak. 2.Public Hearing for Ordinance No. 6880 (Thomas) A Public Hearing to consider Ordinance No. 6880 establishing the levy for regular property taxes by the City of Auburn for collection in 2023 for general City operational purposes in the amount of $24,110,666 No one came forward to speak. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Jenapher Henslee Page 2 of 5Page 9 of 81 Ms. Henslee expressed her concerns regarding traffic near the new roundabout by Chinook Elementary. C.Correspondence There was no correspondence for Council to review. IX.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. 1.Finance Ad Hoc Committee (Chair Baggett) Councilmember Baggett, Chair of the Finance ad hoc committee, reported he and Councilmember Baldwin have reviewed the claims and payroll vouchers described on the agenda this evening and recommended their approval. X.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 October 10, 2022 and October 24, 2022 Study Session Meeting B.Minutes of the October 17, 2022 City Council Meeting C.Claims Voucher (Thomas) Claims voucher list dated November 7, 2022 which includes voucher numbers 469903 through 470124, in the amount of $3,091,532.78 and five wire transfers in the amount of $857,824.46 D.Payroll Voucher (Thomas) Payroll check numbers 539429 through 539434 in the amount of $562,121.08, electronic deposit transmissions in the amount of $2,357,601.98 for a grand total of $2,919,723.06 for the period covering October 13, 2022 to November 2, 2022 E.Public Works Project No. CP2118 (Gaub) City Council to approve an increase of $12,200.00 in the total maximum authorized contract amount for Public Works Contract No. 22-12; Construction of Project No. CP2118, North Airport Stormwater Improvements Phase 2 Deputy Mayor Jeyaraj moved and Councilmember Baldwin seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 7-0 Page 3 of 5Page 10 of 81 XI.UNFINISHED BUSINESS There was no unfinished business. XII.NEW BUSINESS There was no new business. XIII.ORDINANCES A.Ordinance No. 6887 (Gaub) An Ordinance granting to Sprint Communications Company, L.P. a Delaware Corporation, a franchise for telecommunications Councilmember Stearns moved and Councilmember Trout-Manuel seconded to adopt Ordinance No. 6887. MOTION CARRIED UNANIMOUSLY. 7-0 XIV.RESOLUTIONS A.Resolution No. 5687 (Tate) A Resolution approving the South King Housing and Homelessness 2023 Work Plan and 2023 Operating Budget Councilmember Brown moved and Deputy Mayor Jeyaraj seconded to adopt Resolution No. 5687. Council discussed a scriveners error, operating budget, and homelessness funds. MOTION CARRIED UNANIMOUSLY. 7-0 B.Resolution No. 5688 (Tate) A Resolution adopting the 2023 Community Development Block Grant Action Plan for the Consolidated Plan Years 2023-2024 Councilmember Mulenga moved and Deputy Mayor Jeyaraj seconded to adopt Resolution No. 5688. MOTION CARRIED UNANIMOUSLY. 7-0 XV.MAYOR AND COUNCILMEMBER REPORT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A.From the Council Deputy Mayor Jeyaraj reported he attended the Veterans Day Parade. Councilmember Baggett invited everyone to the Lewis Lake Nature Park dedication. Page 4 of 5Page 11 of 81 Councilmember Baldwin reported she attended the Veterans Day Parade and the grand opening of Chinook Elementary School. Councilmember Brown thanked our Veterans and reminded citizens to vote. Councilmember Mulenga reported she attended the Veterans Day Luncheon. Councilmember Stearns reported he attended the Veterans Day Parade and National League Of Cities Panel. Councilmember Trout-Manuel reported she attended the Trunk or Treat event at Les Gove Park and the Veterans Day Parade. B.From the Mayor Mayor Backus reported she attended the Seattle Metropolitan Chamber of Commerce Regional Leadership Conference, Battlefield Addiction fifth annual dinner auction, Good Eggs Breakfast, Grand Opening of Lea Hill Elementary, Halloween Harvest Trunk or Treat event at Les Gove Park, Rita and Katherine's House annual fundraiser breakfast, Veterans Day Breakfast and Parade. XVI.ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:38 p.m. APPROVED this 21st day of November, 2022. ____________________________ ____________________________ NANCY BACKUS, MAYOR Hannah Scholl, Deputy City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 5 of 5Page 12 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the November 14, 2022 Study Session Meeting Date: November 16, 2022 Department: City Council Attachments: 11-14-2022 Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Background for Motion: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:November 21, 2022 Item Number:CA.B Page 13 of 81 City Council Study Session PWCD SFA November 14, 2022 - 5:30 PM City Hall Council Chambers MINUTES 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 II.PUBLIC PARTICIPATION A.Public Participation The City Council Meeting was held in person and virtually. B.Roll Call Councilmembers present: Deputy Mayor James Jeyaraj, Bob Baggett, Kate Baldwin, Larry Brown, Chris Stearns, and Yolanda Trout-Manuel. Councilmember Robyn Mulenga was excused. Department directors and staff members present include: Senior City Staff Attorney Harry Boesche, Assistant Chief of Police Samuel Betz, Director of Public Works Ingrid Gaub, Director of Innovation and Technology David Travis, Financial Planning Manager Frank Downard, Utility Engineering Manager Ryan Vondrak, and City Clerk Shawn Campbell. III.AGENDA MODIFICATIONS A updated version of Ordinance No. 6883 was provided to Council prior to the meeting. IV.AGENDA ITEMS FOR COUNCIL DISCUSSION A.Ordinance No. 6883 Utility Rate Amendment (Thomas) (1 Hour) Review the work performed by FCS Group and summarize their findings Manager Downard introduced the FCS Group representative Serge Tarasov to present the third and final Utility Rate Study presentation. Mr. Tarasov reviewed the background for the rate study, an overview of the rate setting process, the rate design, and rate schedules for water, sewer, and stormwater. He reviewed the Braunwood area system, he explained the Braunwood satellite system, he reviewed the concerns with the Braunwood system, the options for providing additional water when needed, the proposed rate changes to the Braunwood Tate Structure, and the impacts for the proposed rate increase. He noted FCS group does not Page 1 of 3Page 14 of 81 recommend an increase to the wholesale rates at this time. Council discussed the how rates are adjusted for multifamily units or mobile home parks, swimming pools water usage, additional administrative costs for additional billing codes, conservation messaging, the experience for Braunwood customers when the supply is low in their satellite system, and consequences of not increasing rates. V.PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS A.Emergency Management Update (Hinman) (20 Minutes) Emergency Management staff will provide an update on preparations and readiness for this winter season, including a weather outlook and an overview of Emergency Management's role during severe winter weather Councilmember Stearns Chaired this portion of the meeting. Director Hinman introduced Emergency Manager Karissa Smith who provided Council with an update on the City's Emergency Management preparedness. She stated the City is looking at a La Nina year and reviewed the forecasted temperatures and precipitation levels, the plan prior to severe weather, the plan during severe weather, and after severe weather. She reviewed the warming center operations. She reviewed the items people need to be prepared for winter weather and ways for people to remain informed during winter weather. Council discussed the notification methods, the number of warming centers, historical capacity, resources at warming centers, partnering with the non-profits, resources needed by the community, and resources in the emergency management team. Deputy Mayor Jeyaraj announced the following: the annual Council Election for Deputy Mayor, working on a Council process to appoint new Councilmembers when positions are vacant, and the Council will return to conducting meetings on the floor during Study Sessions. VI.ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 6:49 p.m. APPROVED this 21st day of November, 2022. ____________________________ _______________________________ JAMES JEYARAJ, DEPUTY MAYOR Shawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review Page 2 of 3Page 15 of 81 at the City Clerk's Office. Page 3 of 3Page 16 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Voucher (Thomas) Date: November 8, 2022 Department: Finance Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve Claim Vouchers. Background for Motion: Background Summary: Claims voucher list dated November 21, 2022 which includes voucher numbers 470125 through 470291, in the amount of $5,086,033.54 and two wire transfers in the amount of $696,972.10 Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:November 21, 2022 Item Number:CA.C Page 17 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Voucher (Thomas) Date: November 8, 2022 Department: Finance Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve Payroll Vouchers. Background for Motion: Background Summary: Payroll check numbers 539435 through 539442 in the amount of $82,288.28, electronic deposit transmissions in the amount of $2,536,051.71 for a grand total of $2,618,339.99 for the period covering November 3, 2022 to November 16, 2022. Reviewed by Council Committees: Councilmember:Staff: Meeting Date:November 21, 2022 Item Number:CA.D Page 18 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Setting the date for a Public Hearing to modify the 2023-2028 Transportation Improvement Program (Gaub) Date: November 15, 2022 Department: Public Works Attachments: No Attachments Available Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: City Council to set the date of the Public Hearing to modify the 2023-2028 Transportation Improvement Program on November 21, 2022, at 7:00 pm. Background for Motion: Background Summary: Changes to the Transportation Improvement Plan (TIP) require a public hearing and adoption by resolution of the City Council. This TIP modification is needed to reflect recent grant awards, and changes to project scopes and schedules since the adoption of the 2023-2028 TIP in June 2022. The City Council is asked to set a time and date for a public hearing to modify the Six Year Transportation Improvement Program (TIP). The public hearing is proposed to be held on December 5, 2022 during the City Council Meeting. A summary of the proposed changes will be presented at City Council Study Session on November 28, 2022. NEXT STEPS: The public hearing and adoption are scheduled for the December 5, 2022 City Council meeting. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:November 21, 2022 Item Number:CA.E Page 19 of 81 Page 20 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP2003 (Gaub) Date: November 15, 2022 Department: Public Works Attachments: Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Approve an increase of $44,000.00 in the total maximum authorized contract amount for Public Works Contract No. 21-08; Construction of Project No. CP2003, 2nd Street SE Reconstruction Project. Background for Motion: Background Summary: Auburn City Code (ACC) Chapter 3.10 specifies the total maximum authorized contract amount for public work contracts based on contract value. The maximum authorized contract amount includes the original contract amount plus an authorized contingency. The code allows for administrative approval of change order work within the authorized contingency amount. If additional contingency exists within the overall project budget, the code also allows the City Council to increase the total maximum authorized contract amount, which is an increase to the authorized contingency available for administrative approval. The 2nd Street SE Reconstruction Project reconstructed the pavement on 2nd Street SE between A Street SE and Auburn Way S. The project also replaced 450 feet of sewer main and replaced or relocated various other City and non-City utilities. Construction began in April 2022 and is expected to be complete in December 2022. This requested increase in the maximum authorized contract amount will use available overall project contingency to provide for items of work that were not part of the original contract as follows: 1. The contractor replaced two driveways and additional sidewalk in front of Safeway (located 101 Auburn Way N). Safeway was required to replace these driveways and sidewalk as part of a subdivision application submitted to the City. The City and Safeway entered into an agreement to have the City replace these driveways as part of the City's construction contract and have the costs reimbursed by Safeway. Budget amendment No. 6 included this agreement and budget increase. 2. The contractor installed power vaults and replaced additional sidewalk, driveways, Page 21 of 81 and curb and gutter as part of the non-City utility undergrounding work. The costs of this additional work will be reimbursed by PSE, Comcast, and Lumen as part of joint utility trench agreements with each utility, which were were included in Budget Amendment No. 5. This additional construction contract work requires an increase in the total authorized contract amount of $44,000.00, which is available within the existing overall project budget. After the allocation of this additional construction contract contingency the 105 arterial street preservation fund project budget is fully allocated and the remaining project budget contingency in the 461 sewer fund is $104,370.00. Reviewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:November 21, 2022 Item Number:CA.F Page 22 of 81 Map Title Printed On: 11/14/2022 Map created by City of Auburn eGIS 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 nowarranty as to its accuracy. 1:45140450900 ft WGS84 Web Mercator (Auxiliary Sphere) Project Location VICINITY MAP CP2003, 2nd Street SE Reconstruction Page 23 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6879 (Thomas) Date: November 16, 2022 Department: Finance Attachments: Ordinance No. 6879 Budget Impact: $224,064,233 - 2023 $248,713,031 - 2024 Administrative Recommendation: City Council to adopt Ordinance No. 6879. Background for Motion: Ordinance No. 6888 establishes the City of Auburn's operating budget at $224,064,233 in 2023 and at $248,713,031 in 2024. Background Summary: As part of the biennial process, the Council has reviewed the details of the proposed 2023-2024 Biennial Budget during a series of budget workshops in September 2022. Goals, priorities, and projects were discussed and as a result the City has prepared and presented the 2023-2024 Biennial Budget, which is summarized below. Page 24 of 81 Staff recommends Council approval of Ordinance No. 6879 Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:November 21, 2022 Item Number:ORD.A Page 25 of 81 ------------------------- Ordinance No. 6879 October 24, 2022 Page 1 of 5 ORDINANCE NO. 6879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2023-2024 BIENNIAL OPERATING BUDGET FOR THE CITY OF AUBURN, WASHINGTON THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. As required by Chapter 35A.34 RCW, the Mayor of the City of Auburn has completed and placed on file with the City Clerk of the City of Auburn a preliminary biennial operating budget for 2023-2024. Notice was published, as required by law, stating that: a) the Mayor had completed and placed the preliminary budget on file; b) a copy would be provided at the office of the City Clerk to any taxpayer who requested a copy; c) the City Council of the City of Auburn would meet on November 21, 2022 at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street, Auburn, Washington for the purpose of fixing the budget and any taxpayer might appear at such time and be heard for or against any part of the budget; d) the Mayor provided a suitable number of copies of the detailed preliminary operating budget to meet the reasonable demands of taxpayers; e) The Mayor and the City Council met at the time and place designated in the notice and all taxpayers of the City were given full opportunity to be heard for or against the budget; f) the City Council has conducted public hearings on November 7, 2022, and November 21, 2022 to consider this preliminary operating budget; g) at the meeting held by the City Council on the November 21, 2022 the City Council considered modifications of the proposed operating budget and approved the 2023-2024 biennial budget for the City of Auburn as adopted by this Ordinance as shown on Schedule A. Page 26 of 81 ------------------------- Ordinance No. 6879 October 24, 2022 Page 2 of 5 Section 2. Implementation. The Mayor is authorized to implement those administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application 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. Page 27 of 81 ------------------------- Ordinance No. 6879 October 24, 2022 Page 3 of 5 Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney PUBLISHED:__________________ Page 28 of 81 ------------------------- Ordinance No. 6879 October 24, 2022 Page 4 of 5 Schedule A Beginning Fund Balance 2023 Resources 2023 Expenditures Ending Fund Balance $16,428,633 $91,190,426 $98,143,349 $9,475,710 Hotel/Motel Tax 480,179 143,900 177,100 446,979 American Rescue Plan Act (ARPA)- 4,030,000 4,030,000 - Drug Forfeiture 857,236 148,000 392,671 612,565 Housing & Community Development 42,842 650,000 650,000 42,842 Business Improvement Area 97,502 - 90,000 7,502 Cumulative Reserve 30,713,551 80,000 1,391,450 29,402,101 City Hall Annex 2010 A&B Bond - - - - Local Revitalization 2010 C&D Bond - - - - 2020 LTGO A&B Refunding Bonds 662,707 1,507,600 1,507,600 662,707 LID #249 1,687 10 - 1,697 LID #350 - - - - Golf / Cemetery 2016 Refunding - 370,700 370,700 - SCORE 2009 A&B Bond - 1,366,100 1,366,100 - Water 10,210,632 20,513,410 24,485,990 6,238,052 Sewer 9,299,995 9,573,200 10,346,701 8,526,494 Sewer Metro 3,328,134 20,613,900 20,586,400 3,355,634 Storm Drainage 12,957,725 11,087,600 10,729,632 13,315,693 Solid Waste 2,135,607 26,646,830 26,533,984 2,248,453 Airport 601,969 1,653,800 1,988,188 267,581 Cemetery 1,812,215 1,432,300 2,308,402 936,113 Insurance 1,710,775 12,000 182,500 1,540,275 Workers' Compensation 3,102,720 1,144,900 750,700 3,496,920 Facilities 415,868 4,683,900 4,731,374 368,394 Innovation and Technology (includes Multimedia)3,155,085 9,046,000 9,173,835 3,027,250 Equipment Rental 1,769,286 3,527,200 3,564,826 1,731,660 Fire Pension 1,790,627 103,600 196,256 1,697,971 SKHHP (South King Housing & Homelessness Partners)1,668,893 297,400 366,475 1,599,818 PERMANENT FUNDSCemetery Endowment Care 2,158,347 64,130 - 2,222,477 $105,402,215 $209,886,906 $224,064,233 $91,224,888 2023 OPERATING FUNDS BUDGET SUMMARY Fund GENERAL FUND SPECIAL REVENUE FUNDSDEBT SERVICEENTERPRISE FUNDSINTERNAL SERVICE FUNDSFIDUCIARY FUNDSTOTAL OPERATING BUDGET TOTAL OPERATING BUDGET $315,289,121 $315,289,121 Page 29 of 81 ------------------------- Ordinance No. 6879 October 24, 2022 Page 5 of 5 Schedule A Beginning Fund Balance 2024 Resources 2024 Expenditures Ending Fund Balance $9,475,710 $101,921,889 $101,372,924 $10,024,675 Hotel/Motel Tax 446,979 143,900 177,100 413,779 American Rescue Plan Act (ARPA)- 4,246,866 4,246,866 - Drug Forfeiture 612,565 148,000 404,917 355,648 Housing & Community Development 42,842 650,000 650,000 42,842 Business Improvement Area 7,502 - 7,502 - Cumulative Reserve 29,402,101 80,000 12,959,994 16,522,107 City Hall Annex 2010 A&B Bond - - - - Local Revitalization 2010 C&D Bond - - - - 2020 LTGO A&B Refunding Bonds 662,707 1,504,200 1,504,100 662,807 LID #249 1,697 10 - 1,707 LID #350 - - - - Golf / Cemetery 2016 Refunding - 374,400 374,400 - SCORE 2009 A&B Bond - 1,366,200 1,366,200 - Water 6,238,052 18,963,410 21,242,749 3,958,713 Sewer 8,526,494 9,661,700 10,676,197 7,511,997 Sewer Metro 3,355,634 21,989,300 21,961,800 3,383,134 Storm Drainage 13,315,693 11,160,700 17,964,446 6,511,947 Solid Waste 2,248,453 28,102,400 28,328,158 2,022,695 Airport 267,581 1,938,000 2,107,005 98,576 Cemetery 936,113 1,432,300 1,878,038 490,375 Insurance 1,540,275 12,000 182,500 1,369,775 Workers' Compensation 3,496,920 1,144,900 751,000 3,890,820 Facilities 368,394 4,451,000 4,468,294 351,100 Innovation and Technology (includes Multimedia)3,027,250 11,696,580 11,755,538 2,968,292 Equipment Rental 1,731,660 3,608,990 3,749,447 1,591,203 Fire Pension 1,697,971 103,600 206,256 1,595,315 SKHHP (South King Housing & Homelessness Partners)1,599,818 331,000 377,600 1,553,218 PERMANENT FUNDSCemetery Endowment Care 2,222,477 64,130 - 2,286,607 $91,224,888 $225,095,475 $248,713,031 $67,607,332 2024 OPERATING FUNDS BUDGET SUMMARY Fund GENERAL FUND SPECIAL REVENUE FUNDSDEBT SERVICEENTERPRISE FUNDS$316,320,363INTERNAL SERVICE FUNDSFIDUCIARY FUNDSTOTAL OPERATING BUDGET TOTAL OPERATING BUDGET $316,320,363 Page 30 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6880 (Thomas) Date: November 4, 2022 Department: Finance Attachments: Ordinance No. 6880 Budget Impact: Administrative Recommendation: City Council to adopt Ordinance No. 6880. Background for Motion: Ordinance No. 6880 establishes the City of Auburn's 2023 Property Tax Levy at $24,110,666, which is a 1% increase, or $238,719, over the 2022 Property Tax Levy. In addition, the City will Levy an additional $247,237 in new construction and $67,455 in refund levies from prior years. Background Summary: Proposed Ordinance No. 6880 establishes the 2023 Property Tax Levy based on the assessed valuations provided by King County. It represents a 1% increase over 2022, plus one-time increases due to new construction and refunds. The following table summarizes the 2023 Property Tax Levy calculation. As of this date, the county has preliminarily established the 2023 assessed valuation (including estimated new construction) for the City of Auburn at $17.5 billion, which is a 21.5% increase over the 2022 assessed value of $14.4 billion. The 2023 Property Tax Levy will be distributed to the General Fund to support general governmental operations. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:November 21, 2022 Item Number:ORD.B Page 31 of 81 Page 32 of 81 -------------------------------- Ordinance No. 6880 November 17, 2022 Page 1 of 3 ORDINANCE NO. 6880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LEVY FOR REGULAR PROPERTY TAXES BY THE CITY OF AUBURN FOR COLLECTION IN 2023 FOR GENERAL CITY OPERATIONAL PURPOSES IN THE AMOUNT OF $24,110,666 WHEREAS, the City Council of the City of Auburn has met and considered its budget for the calendar year 2023; and WHEREAS, pursuant to RCW 84.55.120 the City Council held public hearings on November 7, 2022 and November 21, 2022, after proper notice was given, to consider the City of Auburn's 2023-2024 biennial budget and the regular property tax levy to support it; and WHEREAS, the City Council of the City of Auburn, after public hearing, and after duly considering all relevant evidence and testimony presented, has determined that the City of Auburn requires property tax revenue and any increase of new construction and improvements to property, any increase in the value of state-assessed property, annexations, and any refund levies in order to discharge the expected expenses and obligations of the City and in its best interest; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regular property taxes for collection in the City of Auburn for the year 2023 are authorized in the amount of $24,110,666. Not including the addition of new construction and improvements to property, any increases related Page 33 of 81 -------------------------------- Ordinance No. 6880 November 17, 2022 Page 2 of 3 to the value of state assessed property, and any refund levies available, the regular property tax levy for 2023 collection represents an increase from regular property taxes levied for collection in 2022 of $238,719 which is a 1.0% increase in revenue from the previous year. Section 2. Implementation. The Mayor is hereby authorized to implement those administrative procedures necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application of it to any person or circumstance will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Page 34 of 81 -------------------------------- Ordinance No. 6880 November 17, 2022 Page 3 of 3 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 35 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6882 (Thomas) Date: October 24, 2022 Department: Finance Attachments: Ordinance No. 6882 Budget Impact: Administrative Recommendation: City Council to adopt Ordinance No. 6882 Background for Motion: Ordinance No. 6882 increases the utility tax rate imposed on water, sewer, storm, and solid waste utilities from 10% to 11.5%. It further provides that 2.5% of the total tax rate for water, sewer, storm, and solid waste utilities, and 1% of the total tax rate for all other utility services, will be dedicated to acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements in the City. Background Summary: In early 2022 a Council Ad Hoc Committee was formed to discuss sustainable funding needs for the City's Arterial and Local Street Preservation Programs. In April 2022, the City Council concurred with the Ad Hoc Committee's funding recommendation, which included a three- pronged approach: Implementation of a .1% Sales Tax as authorized by RCW 36.73.040(3) (a)(v) effective January 1,2023; increasing the utility tax on city operated utilities to 2.5% effective January 1, 2023; and implementing car tab fees by January1, 2025. Leveraging and implementing these three funding options will generate an estimated $7 million in revenue, to exclusively fund essential transportations improvements city wide. Based on the concurrence of the City Council, management developed a proposed 2023-2024 Biennial Budget and a 2023-2028 Capital Facilities plan incorporating these new funding sources. Council subsequently adopted the first step of the Ad Hoc committee's plan with Ordinance No. 6881, which enacted the .1% Sales Tax levy. This ordinance, Ordinance No. 6882, is the second step of the Ad Hoc Committee's recommended funding plan. Sections 1 and 2 increases the existing utility tax rate for water, sewer, storm, and solid waste utilities from 10% to 11.5%, effective January 1, 2023. This 1.5% increase will be dedicated to the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements in the City This 1.5% increase will be combined with the existing 1% that is currently being allocated to the City's street special revenue funds. The Council considered these amendments at the October 24, 2022 study session. Since that Study Session, City staff has proposed additional sections 3-5 to the ordinance, amending ACC 3.42.020, 3.84.040, and 3.88.040 that have not previously presented to Page 36 of 81 council at a Study Session. These changes reference the existing 6% utility tax that is levied on cable, telephone, and utility services and directs the existing 1% tax from the City's "arterial street program" to a broader purpose of "acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements in the City". These changes align the City Code with the intent that has been consistently communicated with both the Ad Hoc Committee and Council since April, as well as represented in the 2023-2024 Biennial Budget and the 2023-2028 Capital Facilities Plan which were presented to Council throughout September and October 2022. For this reason, staff asks to waive Council Rule 3.1 (P)(2) to allow the City Council to vote on Ordinance No. 6882 without the final ordinance language going to Study Session. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:November 21, 2022 Item Number:ORD.C Page 37 of 81 -------------------------------- Ordinance No. 6882 November 17, 2022 Page 1 of 6 ORDINANCE NO. 6882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, INCREASING THE RATE OF TAX ON UTILITIES WITHIN THE CITY, AMENDING SECTIONS 3.40.010, 3.41.010, 3.42.020, 3.84.040, AND 3.88.040 OF THE AUBURN CITY CODE. WHEREAS, Auburn City Code (ACC) sections 3.40.010 and 3.41.010 establish a tax to be collected from the City’s water, storm drainage, sewer and garbage/solid waste utilities, and ACC sections 3.42.020, 3.84.040, and 3.88.040 establish taxes on cable television, telephone, and utility services within the City; WHEREAS, the City would like to increase its revenues as part of its long-term financial plan, and the City intends to provide sustainable funding for the roadway preservation programs from utility tax revenues; and WHEREAS, the City has reviewed its budget and its various utility tax funds and finds it appropriate to increase City utility tax rates by amending the ACC sections identified in this Ordinance. Doing so will support the City’s financial needs and will ensure that the City’s revenue growth meets or exceeds its expenditures to preserve its general fund sustainability; WHEREAS, throughout 2022 the City Council has received and reviewed information regarding these potential ACC section changes through staff presentations regarding the City’s financial plan and the City’s biannual budget, and the Council formed an ad hoc committee to consider these ACC revisions and studied them in a series of meetings leading up to the Council’s consideration of this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Page 38 of 81 -------------------------------- Ordinance No. 6882 November 17, 2022 Page 2 of 6 Section 1. Amendment to City Code. Section 3.40.010 of the Auburn City Code is amended to read as follows: ACC 3.40.010 Water, Storm and Sewer Utility Tax Created. A. There is created an 11.5% 10 percent tax to be levied on and after January 1, 20231, against and upon the total annual revenues derived from: 1. The city’s water, storm drainage and sewer utility funds; and 2. All water, storm drainage and sewer utilities, business enterprises or other entities engaged in providing such utility services within the city. B. The finance director is directed to collect this imposed tax and to pay the collected revenue into the city’s current general fund, subject to subsection C of this section. C. On and after January 1, 20231, the finance director shall allocate 2.5% one percent of the tax revenue received under this section for the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements in the City. to the , city’s arterial street, collector, and local preservation fund. D. The tax rate in subsection A of this section shall automatically revert to 9% nine percent if the state of Washington provides the city’s arterial street preservation fund with a long-term sustainable funding source that is sufficient to maintain the city’s arterial street system’s pavement condition index (PCI) at an average of 70 PCI out of a score of 100 PCI for the foreseeable future. Section 2. Amendment to City Code. Section 3.41.010 of the Auburn City Code is amended to read as follows: ACC 3.41.010 Garbage and solid waste utility Ttax created. A. There is created an 11.5% 10 percent tax to be levied on and after January 1, 20231, against and upon the gross receipts and total annual revenues of: 1. The city’s garbage fund; and Page 39 of 81 -------------------------------- Ordinance No. 6882 November 17, 2022 Page 3 of 6 2. All solid waste utilities and every business enterprise or other entity engaged in handling solid waste. B. For the purposes of this section “solid waste” means garbage, recyclables and yard debris. C. The finance director is directed to collect this tax and to pay the collected funds into the city’s general expense fund, subject to subsection D of this section. D. On and after January 1, 20231, the finance director shall allocate 2.5% one percent of the tax revenue received under this section for the purpose of acquiring, investing in, constructing, improving providing, operating, preserving, maintaining and/or funding transportation improvements in the City.to the city’s arterial street, collector, and local preservation fund. E. The tax rate in subsection A of this section shall automatically revert to 9% nine percent if the state of Washington provides the city’s arterial street preservation fund with a long-term sustainable funding source that is sufficient to maintain the city’s arterial street system’s pavement condition index (PCI) at an average of 70 PCI out of a score of 100 PCI for the foreseeable future. F. Pursuant to RCW 35.58.560, nothing in this section shall be intended or construed to impose a tax on any county owned or operated solid waste facility. Section 3. Amendment to City Code. Section 3.42.020 of the Auburn City Code is amended to read as follows: ACC 3.42.020 Cable Television Utility Tax There is levied a tax of six percent on the gross revenues of, and upon the total annual revenues of, cable television businesses operating within the city, which tax shall be collected from and levied upon the total receipts of such cable television business(es). For the purposes hereof, the following terms and definitions shall apply: A. “Gross revenues” means the value proceeding or accruing from the sale of any tangible personal property and/or for services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. Gross revenues for the purposes of calculating franchise fees shall be as set forth in any franchise agreement. Page 40 of 81 -------------------------------- Ordinance No. 6882 November 17, 2022 Page 4 of 6 B. “Cable television business” means a system providing cable service pursuant to a franchise issued by the city under the Cable Communications Policy Act of 1984 Public Law No. 98-549, 47 U.S.C. Section 521, as it may be amended or superseded. C. On and after January 1, 2023, the finance director shall allocate one percent (1%) of the tax revenue received under this section The tax revenue generated by one percent levied pursuant to Ordinance No. 6170 shall be relegated for the purpose of acquiring, investing in, constructing, improving providing, operating, preserving, maintaining and/or funding transportation improvements in the City. for use by the city in support of its arterial street system, other than as follows: The one percent tax levied January 1, 2020, through December 31, 2020, will be transferred to the general fund to support general fund services for the city’s fiscal year 2020. The remaining tax revenue generated by the remaining five percent (5%) levied pursuant to Ordinance No. 6620 to this section shall be relegated for use by the city’s General Fund. in support of its police, public safety and criminal justice system. Section 4. Amendment to City Code. Section 3.84.040 of the Auburn City Code is amended to read as follows: ACC 3.84.040 Telephone Business Tax On and after July 1, 2008, there is levied upon every person, firm or corporation engaged in carrying on telephone utility business, within or partly within the city limits and there shall be collected from every person, firm or corporation engaged in carrying on the following business for hire or for sale of a commodity or a service within or partly within the corporate limits of the city, a tax for the privilege of so doing business as defined in ACC 3.84.010. Upon any telephone business there shall be levied a tax equal to six percent (6%) of gross revenues, including revenues from intrastate tolls derived from the operation of such business within the city. Gross revenues for the purposes of calculating franchise fees shall be as set forth in any franchise agreement. The increase in tax revenue generated by the additional one percent tax levied pursuant to Ordinance No. 6170 shall be relegated for . On and after January 1, 2023, the finance director shall allocate one percent (1%) of the tax revenue received under this section for the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements in the City. The remaining five percent (5%) levied shall be relegated for use by the City’s General Fund. use by the city in support of its arterial street system, other than as follows: The one percent tax levied January 1, 2020, through December 31, 2020, will be transferred to the general fund to support general fund services for the city’s fiscal year 2020. It is provided, however, that if the state of Washington provides a long-term sustainable funding source to the city of Auburn arterial street fund in an amount Page 41 of 81 -------------------------------- Ordinance No. 6882 November 17, 2022 Page 5 of 6 sufficient to offset the amount of the increases in utility tax rates of this chapter and the long-term funding source is sufficient to maintain the city of Auburn’s arterial street system’s pavement condition index (PCI) at an average of 70 PCI out of a score of 100 PCI for the foreseeable future, the telephone utility tax rate shall automatically revert to five percent of the gross revenues on telephone businesses, including revenues from intrastate tolls derived from the operation of such business within the city. Section 5. Amendment to City Code. Section 3.88.040 of the Auburn City Code is amended to read as follows: ACC 3.88.040 Utility Service Tax - Levy On and after July 1, 2008, there is levied upon and there shall be collected from every person, firm or corporation engaged in carrying on an electric power business, natural gas business and/or artificial gas business for hire within or partly within the city limits an annual tax for the privilege of so doing, such tax to be equal to six percent of the total gross revenues received from the operation of such businesses within the city limits. The increase in tax revenue generated by the additional one percent tax levied pursuant to Ordinance No. 6170 shall be relegated for On and after January 1, 2023, the finance director shall allocate one percent (1%) of the tax revenue received under this section for the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements in the City. The remaining 5% levied shall be relegated for use by the City’s General Fund. use by the city in support of its arterial street system, other than as follows: The one percent tax levied January 1, 2020, through December 31, 2020, will be transferred to the general fund to support general fund services for the city’s fiscal year 2020. It is provided, however, that if the state of Washington provides a long-term sustainable funding source to the city of Auburn arterial street fund in an amount sufficient to offset the amount of the increases in utility tax rates of this chapter and the long- term funding source is sufficient to maintain the city of Auburn’s arterial street system’s pavement condition index (PCI) at an average of 70 PCI out of a score of 100 PCI for the foreseeable future, the electric power, natural gas business and artificial gas business utility tax rate shall automatically revert to five percent of the total gross revenues received from the operation of such businesses within the city limits. Section 6. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 42 of 81 -------------------------------- Ordinance No. 6882 November 17, 2022 Page 6 of 6 Section 7. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 8. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 43 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6883 (Thomas) Date: November 4, 2022 Department: Finance Attachments: Ordinance No. 6883 6883 Exhibit A Table for 13-06-360 6883 Exhibit B Table for 13-20-440 6883 Exhibit C Table for 13-48-100 Budget Impact: Administrative Recommendation: City Council to adopt Ordinance No. 6883. Background for Motion: Ordinance No. 6883 adjusts the City of Auburn's water, sewer, and storm utility rates for the years 2023-2025, in order to ensure sustainability in the City's utility operations and infrastructure. Background Summary: The City of Auburn provides water, sewer, and stormwater services to its utility customers. In 2022, the City contracted with FCS Group to perform a Water, Sewer, and Stormwater Rate Study to review the adequacy of existing rates and to propose new rates as appropriate. The findings of this study were presented to Council in three sessions from October through November 2022. Ordinance No. 6883 amends sections 13.06.360, 13.20.440 and 13.48.100 of the Auburn City Code (ACC), which proposes updates to the existing residential and commercial rates, and adds a separate customer class for customers served in the City's Braunwood neighborhood. Staff recommends approval of Ordinance No. 6883. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:November 21, 2022 Item Number:ORD.D Page 44 of 81 -------------------------------- Ordinance No. 6883 November 17, 2022 Page 1 of 4 ORDINANCE NO. 6883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13.06.360, 13.20.440, AND 13.48.100 OF THE AUBURN CITY CODE (ACC), RELATING TO CITY UTILITY RATES, AND ESTABLISHING A SEPARATE CUSTOMER CLASS FOR CUSTOMERS SERVED BY THE CITY’S BRAUNWOOD WATER UTILITY WHEREAS, pursuant to its powers in RCW 35.92, the City has established water, sewer, and storm drainage utilities to serve its residents; WHEREAS, consistent with its responsibilities to operate these utilities in a cost- effective manner and in a manner that reflects the City’s actual operating costs, the City periodically reviews its utility rate structure to ensure that its rates are set appropriately; WHEREAS, in 2022, the City consulted with FCS Group to study the City’s current utility rates against the City’s cost of utility service delivery and revenue requirements; WHEREAS, the structure and operation of the City’s water utility was among the items studied by FCS. The City’s water utility is divided into 2 separate water systems serving City customers: (1) an isolated water system that serves the residential area legally described in a Satellite Water System Service Contract for Braunwood Estates approved by Council Resolution 2114 (the Braunwood system) serving 12 active single- family residential customer connections and allowing for up to 13 such connections, and (2) the City’s primary water system serving the remainder of the City’s water customers (the primary system); WHEREAS, RCW 35.92.010 and ACC 13.06.040 set forth the City’s ability to classify and set service rates for its water service customers. The City’s current water customer classifications in ACC 13.06 do not separately classify customers of these 2 Page 45 of 81 -------------------------------- Ordinance No. 6883 November 17, 2022 Page 2 of 4 separate water systems—all City water customers are currently classified together regardless of which system provides their water; WHEREAS, due to its separation from the City’s primary water system, the City has different operational requirements and furnishes limited quantities of water to the Braunwood system, and experiences water conservation and management difficulties that are unique to the Braunwood system; WHEREAS, in August 2021, following documented excessive water use patterns in the Braunwood area and after the Department of Ecology issued a drought emergency order that included the Braunwood area, the Mayor declared a Stage I water shortage emergency affecting the 12 residents of the Braunwood area, pursuant to RCW 35.21.210, RCW 38.52 and ACC 13.14; WHEREAS, In December 2021, following successful conservation efforts by the City and residents of the Braunwood area the Mayor declared an end to the water shortage emergency; WHEREAS, In January 2022, to assist the residents of the Braunwood area in continuing conservation efforts and to help stay within the City’s allotted water right for the Satellite System, the Water Utility established maximum monthly water use quotas as a guide for the 12 residential customers; WHEREAS, establishing a separate Braunwood system customer classification and corresponding water rates for that system’s customers will enable the City to: (1) better address its costs of operating that system; (2) encourage water conservation practices in the Braunwood system; and (3) discourage wasteful water use practices among the Braunwood system’s customers; Page 46 of 81 -------------------------------- Ordinance No. 6883 November 17, 2022 Page 3 of 4 WHEREAS, in light of the above recitals, and following the FCS Group utility rate review conducted at City staff request, City staff recommends that City utility rates should be adjusted as reflected in this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 13.06.360 of the Auburn City Code is hereby amended to read as set forth in Exhibit A to this Ordinance. Section 2. Amendment to City Code. Section 13.20.440 of the Auburn City Code is hereby amended to read as set forth in Exhibit B to this Ordinance. Section 3. Amendment to City Code. Section 13.48.100 of the Auburn City Code is hereby amended to read as set forth in Exhibit C to this Ordinance. Section 4. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Page 47 of 81 -------------------------------- Ordinance No. 6883 November 17, 2022 Page 4 of 4 Section 6. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 48 of 81 EXHIBIT A—ORD. 6883 ACC 13.06.360 Water service Rates – Generally. A. Except as provided in subsections B and C of this section, effective January 1,2023st of each year, the monthly base rate for all water user classifications except interruptible wholesale except interruptible wholesale shall be as set forth in Table 13.06.360-1 below. Table 13.06.360-1. Monthly Charge Meter Size (inches) Effective January 1, 202319 Effective January 1, 202420 Effective January 1, 202521 Effective January 1, 2022 5/8, 3/4 $ 19.6116.65 $ 21.0817.18 $ 22.6617.71 $ 18.24 1 (Single-Family Residential) $ 19.6116.65 $ 21.0817.18 $ 22.6617.71 $ 18.24 1 (All Other Classes) $ 22.0118.69 $ 23.6619.28 $ 25.4319.88 $ 20.47 1-1/2 $ 23.960.35 $ 25.761.00 $ 27.691.65 $ 22.29 2 $ 27.623.46 $ 29.694.21 $ 31.9224.95 $ 25.69 3 $ 4553.13 $ 57.1146.57 $ 61.3948.00 $ 49.42 4 $ 66.6656.62 $ 71.6658.53 $ 77.0360.22 $ 62.01 6 $ 85.1872.36 $ 91.5774.66 $ 98.4476.96 $ 79.24 8 $ 110.0593.47 $ 118.3096.45 $ 127.1799.42 $ 102.37 10 $ 156.25132.72 $ 167.9736.95 $ 180.5741.17 $ 145.35 Page 49 of 81 Charge per 100 cubic feet (ccf) Customer Class Effective January 1, 202319 Effective January 1, 20240 Effective January 1, 20251 Effective January 1, 2022 Single-Family Residential: 0 to 7 ccf $ 3.8930 $ 4.183.41 $ 4.493.51 $ 3.62 7.01 to 15 ccf $ 4.7503 $ 5.114.16 $ 5.494.29 $ 4.42 Over 15 ccf $ 5.404.58 $ 5.814.73 $ 6.254.87 $ 5.02 Multifamily Residential $ 4.653.94 $ 5.004.06 $ 5.384.19 $ 4.33 Commercial $ 4.9043 $ 5.274.47 $ 5.674.52 $ 4.56 Manufacturing/Industrial $ 4.793.40 $ 5.153.72 $ 5.544.08 $ 4.46 Schools $ 5.223.95 $ 5.614.23 $ 6.034.54 $ 4.86 Municipal/City Accounts $ 4.835.88 $ 5.195.39 $ 5.584.93 $ 4.49 Irrigation $ 6.46014.74 $ 6.945.13 $ 7.465.55 $ 6.01 Wholesale (Algona) $ 2.3314 $ 2.3320 $ 2.3327 $ 2.33 Fifty percent shall be added to all rates for water service for customers outside the city limits. City of Auburn utility taxes are included in the monthly rate for all customers except wholesale accounts. Wholesale rates exclude the 50 percent out-of-city service charge and state excise taxes. B. Interruptible wholesale water supply customers shall pay monthly the sum of the following monthly: 1. Standby service charge. 2. Usage charge. 3. Purchased water surcharge. 1. Standby Service Charge: Page 50 of 81 The standby service charge is the cost to maintain, repair, and replace the infrastructure required to provide water utility service to the interruptible wholesale water customer when the customer requests water supply from the city of Auburn. This is a fixed monthly charge and does not include the delivery of any quantity of water. 2. Usage Charge: The usage charge represents the cost of water supply. The charge is based on actual water deliveries, if any, during the month times the usage rate. 3. Purchased Water Surcharge: In any month in which water is purchased from Tacoma Public Utilities or other external agency, the interruptible wholesale customer shall pay an additional charge of $3.31 per ccf, applied to the quantity of water purchased by the city of Auburn during the month to supply the interruptible wholesale customer. Interruptible Wholesale Rates Charge Effective January 1, 20192023 Effective January 1, 20202024 Effective January 1, 20212025 Effective January 1, 2022 Standby Service Charge (per month) $ 1,147.9239.02 $ 1,147.921,142.00 $ 1,147.921,144.97 $ 1,147.92 Usage Charge (per ccf) $ 2.071.89 $ 1.952.07 $ 2.012.07 $ 2.07 Purchased Water Surcharge (per ccf of water purchased)* $ 3.31 $ 3.31 $ 3.31 $ 3.31 * Subject to change if Tacoma Public Utilities updates its wholesale summer season peaking rate. C. Water customers served by the City’s Braunwood water system. City water customers served by the City’s Satellite Water System for Braunwood Estates (approved by City Resolution 2114) shall be subject to the following monthly water service rates, effective January 1, 2023: Page 51 of 81 Monthly Charge Meter Size (inches) Effective January 1, 2023 Effective January 1, 2024 Effective January 1, 2025 3/4" $ 19.61 $ 21.08 $ 22.66 1” $ 19.61 $ 21.08 $ 22.66 1-1/2” $ 23.96 $ 25.76 $ 27.69 2” $ 27.62 $ 29.69 $ 31.92 3” $ 53.13 $ 57.11 $ 61.39 4” $ 66.66 $ 71.66 $ 77.03 6” $ 85.18 $ 91.57 $ 98.44 8” $ 110.05 $ 118.30 $ 127.17 10” $ 156.25 $ 167.97 $ 180.57 Variable Charges based on ccf (100 cubic feet of water used) Description Effective January 1, 2023 Effective January 1, 2024 Effective January 1, 2025 B1 (0-7 ccf) $3.89 $4.18 $4.49 B2 (7.01-15 ccf) $4.75 $5.11 $5.49 B3 (15.01 – 25 ccf) $5.40 $5.81 $6.25 B4 (25.01-38 ccf) $6.00 $6.45 $6.93 B5 (38+ ccf) $12.00 $12.90 $13.87 Page 52 of 81 EXHIBIT B—ORD. 6883 ACC 13.20.440 Sewer Rates and charges. A. Sewer Rates. The monthly sewer charge to city of Auburn sanitary sewer customers consists of two separate fees. Auburn sanitary sewer utility imposes a charge to maintain, expand and operate the utility’s sewer conveyance facilities, and King County imposes a separate fee for the service King County provides. No charge shall be imposed by the city on the amount charged by King County, which amount the city shall pass directly onto the customer as the cost of the service that King County is providing. The Auburn monthly charge shall be as set forth in Table 13.20.440-1 below. Table 13.20.440-1. City of Auburn Monthly Charge Customer Class Effective January 1, 202319 Effective January 1, 20240 Effective January 1, 20251 Effective January 1, 2022 Single-Family Residential Rate -- Inside City Limits $ 27.945.17 $ 30.0425.45 $ 32.2925.72 $ 25.99 Single-Family Residential Rate -- Outside City Limits $ 41.9137.76 $ 45.0638.18 $ 48.4438.58 $ 38.99 Non-Single-Family Residential Rate -- Inside City Limits for the first 750 cubic feet of water used each month $ 30.6525.75 $ 32.9526.64 $ 35.4227.58 $ 28.51 Plus for each additional 100 cubic feet thereafter $ 3.112.61 $ 3.342.70 $ 3.592.79 $ 2.89 Non-Single-Family Residential Rate -- Outside City Limits for the first 750 cubic feet of water used each month $ 45.9838.63 $ 49.4339.96 $ 53.1341.37 $ 42.77 Plus for each additional 100 cubic feet thereafter $ 4.673.92 $ 5.014.05 $ 5.394.19 $ 4.34 Page 53 of 81 Commercial accounts will be allowed to average winter water consumption for the billing dates falling between December through May to determine the summer sewer rates for the billing dates falling between July and October. Said allowance shall be upon application and with appropriate justification that additional summer usage does not enter the sewer system. The months of November through June shall be billed per water used, at the rates noted above. Commercial accounts without city water service shall be charged at the published rate based on a city-approved water meter or other acceptable means of recording water use. The meter shall be read by the city to determine sewage charges on commercial private water systems. Commercial accounts that have industrial use of domestic water that is not discharged into the sanitary sewer system may request a deduct meter to measure the water that is actually discharged to the sewer system. The customer will be allowed to deduct the amount of water usage that is not discharged to the sanitary sewer system. Irrigation meters shall not be billed for sanitary sewer service. B. Permit Fees. Permit fees for side sewer repair, replacement, inspection, or installation of side sewers shall be as shown in the city of Auburn fee schedule. Page 54 of 81 EXHIBIT C—ORD. 6883 ACC 13.48.100 Storm Water Rates. A. The customer classes and rates below are based upon the cost of services provided by the storm utility. The storm water rates shall be as set forth in Table 13.48.100-1 below. Table 13.48.100-1. ESU1 Rate per Month Customer Class Effective January 1, 202319 Effective January 1, 20240 Effective January 1, 20251 Effective January 1, 2022 Single-Family Residential Parcels and Two-Family Residential Parcels $ 16.959.51 $ 18.0958 $ 19.317.38 $ 15.88 Non-Single-Family $ 16.9572 $ 18.096.44 $ 19.316.16 $ 15.88 Non-Single-Family with Detention $ 14.593.57 $ 15.573.60 $ 16.623.63 $ 13.67 Non-Single-Family with Retention $ 12.229.20 $ 13.049.90 $ 13.920.65 $ 11.45 Non-Single-Family with Water Quality Treatment $ 15.590.89 $ 16.642.00 $ 17.763.24 $ 14.60 Non-Single-Family with Detention and Water Quality Treatment $ 13.238.59 $ 14.129.70 $ 15.070.96 $ 12.39 Non-Single-Family with Retention and Water Quality Treatment $ 10.865.80 $ 11.596.99 $ 12.378.43 $ 10.17 1 An “equivalent service unit (ESU)” is defined in ACC 13.48.010 as 2,600 square feet of impervious surface. The customer classes set forth in this subsection shall be applicable only if the qualifying on-site facilities have met applicable city standards upon installation, have received city approval of construction, and are in conformity with the applicable operations and maintenance standards. If the city determines that the operation and maintenance standards are not being complied with, the customer class shall be determined to be that of non-single-family only, until operation and maintenance of the facilities meet city standards. The customer being billed may apply in writing for a Page 55 of 81 system inspection. If the inspection shows that the facilities meet city standards, the customer will be reclassified to the previous class. B. Developed Parcels. Only developed parcels containing impervious surfaces as defined in ACC 13.48.010 shall be charged. C. Multiple Class Accounts. When a developed non-single-family parcel contains more than one customer class, the appropriate rate for each customer class will be calculated, and the aggregate total summed for billing. Page 56 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6888 (Thomas) Date: October 24, 2022 Department: Finance Attachments: Ordinance No. 6888 Budget Impact: 2023 $101,762,785 2024 $81,734,972 Administrative Recommendation: City Council to adopt Ordinance No. 6888. Background for Motion: Ordinance No. 6888 establishes the City of Auburn's capital budget at $101,762,785 in 2023 and at $81,734,972 in 2024. Background Summary: Budget Process: In April, the City began the process of developing the budget for the 2023- 2024 biennium. This included a series of budget workshops with the Council during September 2022. During these presentations and workshops, Council provided input and staff moved forward with compiling the Preliminary 2023-2024 Biennial Budget. A copy of the 2023-2024 Preliminary Budget was filed with the City Clerk, distributed to Council, and made available to the public on October 17, 2022. Ordinance No. 6888 - Capital Facilities Plan: The Capital Facilities Plan (CFP) is the 2023- 2028 capital budget for the City. These needs and associated funding plans were an integral part of the presentations and discussion with Council during the budget workshop process. Council will adopt the City's 2023-2028 Capital Facilities Plan separately, with the approval of Ordinance No. 6888. Ordinance No. 6879 - 2023/2024 Biennial Budget: Council's approval of Ordinance No. 6879 will establish the City's 2023-2024 biennial budget. The 2023-2024 portion of the Capital Facilities Plan is incorporated into the 2023-2024 Biennial Budget, as presented to Council. Staff recommends Council approval of Ordinance No. 6888. Reviewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:November 21, 2022 Item Number:ORD.E Page 57 of 81 Page 58 of 81 ------------------------- Ordinance No. 6888 October 24, 2022 Page 1 of 5 ORDINANCE NO. 6888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2023-2024 BIENNIAL CAPITAL BUDGET FOR THE CITY OF AUBURN, WASHINGTON WHEREAS, in Ordinance No. 6682, the City Council created Chapter 3.06 of the Auburn City Code to repurpose special capital funds and establish a multi-year capital budgeting process. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. As required by Chapter 35A.34 RCW, the Mayor of the City of Auburn has completed and placed on file with the City Clerk of the City of Auburn a preliminary biennial capital budget for 2023-2024. Notice was published, as required by law, stating that: a) the Mayor had completed and placed the preliminary budget on file; b) a copy would be provided at the office of the City Clerk to any taxpayer who requested a copy; c) the City Council of the City of Auburn would meet on November 21, 2022 at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street, Auburn, Washington for the purpose of fixing the budget and any taxpayer might appear at such time and be heard for or against any part of the budget; d) the Mayor provided a suitable number of copies of the detailed preliminary capital budget to meet the reasonable demands of taxpayers; e) The Mayor and the City Council met at the time and place designated in the notice and all taxpayers of the City were given full opportunity to be heard for or against the budget; f) the City Council has conducted public hearings on November 7, 2022, and November 21, 2022 to consider this preliminary capital budget; g) at the meeting held by the City Page 59 of 81 ------------------------- Ordinance No. 6888 October 24, 2022 Page 2 of 5 Council on the November 21, 2022 the City Council considered modifications of the proposed operating budget and approved the 2023-2024 biennial budget for the City of Auburn as adopted by this Ordinance as shown on Schedule A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application 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. Page 60 of 81 ------------------------- Ordinance No. 6888 October 24, 2022 Page 3 of 5 Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney PUBLISHED:__________________ Page 61 of 81 ------------------------- Ordinance No. 6888 October 24, 2022 Page 4 of 5 Schedule A Beginning Fund Balance 2023 Resources 2023 Expenditures Ending Fund Balance Arterial Street $965,783 $9,085,192 $9,360,894 $690,081 Local Street 1,932,689 2,598,000 2,036,300 2,494,389 Arterial Street Preservation 2,699,358 4,041,772 4,100,000 2,641,130 Recreational Trails 95,845 7,100 - 102,945 Mitigation Fees 10,976,167 1,601,200 7,043,982 5,533,385 Municipal Park Construction 816,504 1,545,100 1,347,800 1,013,804 Capital Improvements 13,078,556 6,833,300 6,320,700 13,591,156 Local Revitalization 245,831 256,200 500,000 2,031 Water 3,321,676 10,752,092 13,041,560 1,032,208 Sewer 8,687,557 377,200 5,992,500 3,072,257 Storm Drainage 7,744,442 536,200 6,713,394 1,567,248 Airport 311,215 4,000,755 4,238,390 73,580 Cemetery 7,184 355,100 355,050 7,234 Innovation and Technology 237,354 674,700 585,300 326,754 Equipment Rental 4,508,173 3,470,540 3,096,120 4,882,593 $55,628,334 $46,134,451 $64,731,990 $37,030,795 2023 CAPITAL FUNDS BUDGET SUMMARY Fund SPECIAL REVENUE FUNDSCAPITAL PROJECTSENTERPRISE FUNDSINTERNAL SERVICE FUNDSTOTAL CAPITAL BUDGET TOTAL CAPITAL BUDGET $101,762,785 $101,762,785 Page 62 of 81 ------------------------- Ordinance No. 6888 October 24, 2022 Page 5 of 5 Schedule A Beginning Fund Balance 2024 Resources 2024 Expenditures Ending Fund Balance Arterial Street $690,081 $11,307,150 $11,968,800 $28,431 Local Street $2,494,389 $2,546,100 $1,951,300 $3,089,189 Arterial Street Preservation $2,641,130 $4,203,100 $5,250,000 $1,594,230 Recreational Trails $102,945 $7,100 $0 $110,045 Mitigation Fees $5,533,385 $1,600,100 $7,003,800 $129,685 Municipal Park Construction 1,013,804 $568,800 $768,500 $814,104 Capital Improvements 13,591,156 $4,099,300 $7,249,500 $10,440,956 Local Revitalization 2,031 $2,082,866 $2,081,866 $3,031 Water 1,032,208 $5,603,310 $6,176,810 $458,708 Sewer 3,072,257 $377,200 $1,344,000 $2,105,457 Storm Drainage 1,567,248 $7,536,200 $8,065,000 $1,038,448 Airport 73,580 $1,145,755 $1,101,210 $118,125 Cemetery 7,234 $100 $50 $7,284 Innovation and Technology 326,754 $603,944 $514,544 $416,154 Equipment Rental 4,882,593 $3,023,152 $2,648,380 $5,257,365 $37,030,795 $44,704,177 $56,123,760 $25,611,212 2024 CAPITAL FUNDS BUDGET SUMMARY Fund SPECIAL REVENUE FUNDSCAPITAL PROJECTSENTERPRISE FUNDSINTERNAL SERVICE FUNDSTOTAL CAPITAL BUDGET TOTAL CAPITAL BUDGET $81,734,972 $81,734,972 Page 63 of 81 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5690 (Tate) Date: November 17, 2022 Department: Community Development Attachments: Resolution No. 5690 AG-S-128 Renewal AG-S-128 AG-S-128 Amendment Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrative Recommendation: Staff recommends approval of Resolution 5690. Background for Motion: The City of Auburn initially entered into a contract with B-Force Protection Security in late 2021. A contract amendment occurred to extend their services through 2022. This Resolution authorizes the contract to extend through the end of 2023 and to expand the hours of service. Background Summary: The City entered into a contract with B-Force Protection Security in 2021 in order to provide increased, proactive security services for a number of city owned properties. Throughout 2021 and 2022 this service has served as a valuable deterrent to vandalism, graffiti, dumping of garbage, trespassing and other criminal activity. City Council previously approved Ordinance 6850 which authorized $500,000 of ARPA funding to be directed to Community Development for the purposes of mitigating negative economic impacts. Community Development prepared and deployed a citywide survey of businesses seeking input on how these funds should be invested within the community. The overwhelming response from the business community was to invest in safety and security. Part of the purpose of the amendment to the B-Force security contract is to fund 12 hours of daily security service from the hours of 9 pm to 9 am until the contract expires on December 31, 2023. At a rate of $52 per hour this equates to approximately $260,000 of the $500,000 of ARPA funding that would be used to mitigate economic impacts. The contract for services is approximately $360,000. $260,000 of ARPA funds will be used to fund the contract. An additional $100,000 will be used to fund the balance of the contract. The $100,000 balance has already been approved by City Council as an ongoing budget line item identified for security services. Reviewed by Council Committees: Page 64 of 81 Councilmember:Mulenga Staff:Tate Meeting Date:November 21, 2022 Item Number:RES.A Page 65 of 81 -------------------------------- Resolution No. 5690 November 15, 2022 Page 1 of 2 Rev. 2018 RESOLUTION NO. 5690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND B-FORCE PROTECTION SECURITY, INC. FOR SECURITY SERVICES. WHEREAS, it is in the interest of the City of Auburn to contract with B-Force Protection Security, Inc. to perform security guard services within the City of Auburn based on a survey of City of Auburn businesses assessing how best to use federal funds to mitigate the negative economic impacts of the Covid-19 pandemic; WHEREAS, the City has experienced an increase in crime and vandalism in several commercial areas that includes broken windows, graffiti, human defecation, open drug use, dumping of garbage, and trespassing that could be positively impact by the presence of security guard services within the City; WHEREAS, while City of Auburn Police continue to respond to 911 calls that are made in response to a crime that is in progress or that has already occurred, the City intends to use private security services to proactively patrol areas where data and experience shows that crime and vandalism has increased; WHEREAS, the City has previously contracted with B-Force Protection Security, Inc., and has benefited from the security presence after-hours when City buildings are closed to the public and regular non-commissioned City staff are less available to address time-sensitive issues that may arise in the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Page 66 of 81 -------------------------------- Resolution No. 5690 November 15, 2022 Page 2 of 2 Rev. 2018 Section 1. The Mayor is authorized to execute an Agreement between the City and B-Force Protection Security, which agreement will be in substantial conformity with the agreement attached as Exhibit A. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this 21st day of November, 2022. CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 67 of 81 ----------------------------------------------------------------- Amendment No. 2 for Agreement No. AG-S-128 B-Force Protection Security, Inc. ENG-182, Revised 10/20 Page 1 of 2 THE CITY OF AUBURN AND B-FORCE PROTECTION SECURITY, INC. AMENDMENT TO AGREEMENT FOR SERVICES AG-S-128 RELATING TO CITY FACILITY SECURITY PATROL THIS AMENDMENT TO THE AGREEMENT is made and entered into by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the “CITY”), and B-FORCE PROTECTION SECURITY, INC. (hereinafter referred to as the “PROVIDER”). The City and Provider agree to amend the Agreement AG-S-128 executed on the 3rd day of November 2021. The additions and changes to the Agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2023. 2. SCOPE OF SERVICES: See Amended Exhibit A, which is attached and by this reference made part of this Amendment. Additionally, while on the property the provider will report any damages or problems to the City related to City facilities, vehicles, equipment, and/or City staff. The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 3. PROVIDER’S REPRESENTATIONS & QUALIFICATIONS. The Provider agrees to comply with all applicable laws and to ensure all staff employed by Provider are trained to comply with all applicable laws. Provider and all persons who will perform services under this Agreement will at all times be properly licensed, qualified, trained, and certified to perform the services pursuant to RCW 18.170 and/or WAC 308-19, and any other applicable authority. 4. COMPENSATION: The total amount of this amendment is $359,784.00. This amendment adds $30,000.00 to cover the additional scope in 2022 as set forth in the Amended Exhibit A As total compensation for the Provider’s performance of the services provided based on this Amended Agreement, the City shall pay the Provider fees and costs not-to-exceed $329,784.00 in 2023. The City shall fund this contract ,in part, with its American Rescue Plan Act (ARPA) funds that are allocated and administered in accordance with City Ordinances 6832 and 6850. A primary purpose of this Contract is to meet the ongoing public health response to the COVID-19 pandemic and to mitigate the pandemic’s negative economic impacts by providing additional public safety support to City businesses experiencing such negative economic impacts as a result of the pandemic. 5. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY. The Provider certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Page 68 of 81 ----------------------------------------------------------------- Amendment No. 2 for Agreement No. AG-S-128 B-Force Protection Security, Inc. ENG-182, Revised 10/20 Page 2 of 2 b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in Section 1352, Title 31 of the U.S. Code; d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and e. Where the Provider is unable to certify to any of the statements in this certification, it will provide an explanation to the City prior to executing this Amendment. 6. NONDISCRIMINATION. The Provider may not discriminate in violation of any State or Federal law (including RCW 49.60, 42 U.S.C. §12111 et. seq., and/or 28 C.F.R. Part 35) regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements. REMAINING TERMS UNCHANGED: All other provisions of the Agreement between the parties for AG-S-128 executed on the 3rd day of November 2021, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. B-FORCE PROTECTION SECURITY, INC. CITY OF AUBURN By: ___________________________ ____________________________ Authorized signature Nancy Backus, Mayor Date:__________________________ Date:________________________ Approved as to form (Optional): Approved as to form: ________________________________ _____________________________ Attorney for (Other Party) Kendra Comeau, City Attorney Page 69 of 81 Page 70 of 81 Page 71 of 81 Page 72 of 81 Page 73 of 81 Page 74 of 81 Page 75 of 81 Page 76 of 81 Page 77 of 81 Page 78 of 81 Page 79 of 81 ENG-171-ELH, Revised 12/19 December 15, 2021 Eddie Hasanovic B-Force Protection Security, Inc. PO Box 88143 Tukwila, WA 88143 RE: Amendment No. 1 to Agreement for Professional Services, AG-S-128 City Facility Security Patrol Dear Mr. Hasanovic: Enclosed please find an executed copy of the above-referenced Amendment No. 1. This amendment extends the term of the agreement to December 31, 2022 and includes additional compensation in the amount of $154,080.00. For the City's tracking and record keeping purposes, please reference AG-S-128 on all correspondence and related material. Our records indicate that your insurance certificate(s), as required in Section 12 of the original agreement, expires on January 16, 2022. Please forward the required certificate(s) of insurance when they are available to Amanda DeSilver, Contracts Administration Supervisor. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-288-3158. Sincerely, Lisa Moore Facilities Manager Administration Department LM/ad/as Enclosure cc: Shawn Campbell, City Clerk Electronic Distribution Only Page 80 of 81 Page 81 of 81