HomeMy WebLinkAbout06-05-2023 City Council AgendaCity Council Meeting
J une 5, 2023 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian 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.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday J une 5, 2023 at 7:00
p.m. will be held in person and virtually.
Virtual P articipation L ink:
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 Z oom, please call the below number or click
the link:
Telephone: 253 205 0468
Toll Free: 888 475 4499
Z oom: https://us06web.zoom.us/j/81609955686
A .P ledge of Allegiance
I V.Roll Call
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .J uneteenth
Mayor Backus to proclaim J une 19, 2023 as "J uneteenth" in the City of A uburn
B .L G B T Q I A + P ride Month
Mayor Backus to proclaim J une 2023 as "L G B T Q I A+ Pride Month" in the City of
Page 1 of 188
A uburn
V I .AP P O I NT M E NT S
A .P lanning Commission
City Council to approve the appointments of W illiam Stewart, Aaron VanderPol, and
Lynn Walters to the Planning Commission for a three year term expiring December 31,
2025
(RE C O M M E ND E D AC T I O N: M ove to approve the appointments of William
S tewart, Aaron Vander Pol, and Lynn Walters to the Planning Commission, for a
three year term to expire December 31, 2025.)
V I I .AG E ND A M O D I F IC AT I O NS
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Right-of-Way Vacation No. VA C22-
0003 (Gaub)
City Council to conduct a P ublic Hearing to consider Right-of-Way Vacation No.
VA C22-0003
2.Public Hearing for Ordinance No. 6908 (Gaub)
City Council to conduct a P ublic Hearing to consider Ordinance No. 6908
enacting a street payback requirement related to City P roject C P2022 Garden
Avenue Realignment
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.T he public can participate in-person or submit written
comments in advance.
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 A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
Page 2 of 188
I f 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.)
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
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.F inance Ad Hoc Committee (Chair B aldwin)
2.Mayoral B enefits and L eave Compensation Review A d
Hoc Committee (Chair B aldwin)
X .C O NS E NT AG E ND A
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 24, 2023, May 8, 2023, and May 22, 2023
City Council Study Session Meetings
B .Minutes of the May 1, 2023, Regular City Council Meeting
C.Minutes of the May 18, 2023 and May 19, 2023, Special City
Council Meetings
D.Claims Vouchers (Thomas)
Claims voucher list dated May 15, 2023 which includes voucher number 471821
through 472002, in the amount of $3,403,786.25 and five wire transfers in the amount
of $77,622.92
Claims voucher list dated J une 5, 2023 which includes voucher number 472003
through 472109, in the amount of $2,205,594.81 and five wire transfers in the amount
of $1,379,404.61
Claims voucher list dated J une 5, 2023 which includes voucher number 472110
through 472192, in the amount of $1,946,728.79 and zero wire transfers in the amount
of $0.00
E .P ayroll Voucher (T homas)
P ayroll check numbers 539489 through 539492 in the amount of $82,166.72 electronic
deposit transmissions in the amount of $2,667,459.88 for a grand total of
$2,749,626.60 for the period covering A pril 27, 2023 to May 10, 2023
Page 3 of 188
P ayroll check numbers 539493 through 539493 in the amount of $619,159.00
electronic deposit transmissions in the amount of $2,411,285.48 also a special payroll
for P olice Commissioned Comp Payout with electronic deposit transmission in the
amount of $32,478.62 for a grand total of $3,062,923.10 for the period covering May
11, 2023 to May 31, 2023
F.S etting the date for a Public Hearing for the 2024-2029
Transportation I mprovement P rogram (Gaub)
City Council to set the date for a Public Hearing for the 2024-2029 Transportation
I mprovement P lan
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X I .UNF INIS HE D B US I NE S S
X I I .NE W B US I NE S S
X I I I .O RD INANC E S
A .Ordinance No. 6902 (Tate)
A n Ordinance relating to Building Codes, and Amending Chapter 15.08A, Sections
15.07.010, 15.07.020, 15.07.030, 15.07.040, 15.07.080, 15.07.090, 15.07.100,
15.07.140, 15.07.150, 15.020.010, 15.20.030, 15.20.050, 15.32.010, 15.32.050,
15.36A.011, 15.36A.091, 15.74.040 and 15.74.050, Repealing Chapters 15.04,
15.06, and 15.48 of the Auburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6902.)
B .Ordinance No. 6905 (Gaub)
A n Ordinance Vacating Unopened City Right-of-Way located within a portion of 116th
Avenue S E that lies North of S E 304th S treet, within the City of Auburn, Washington
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6905.)
C.Ordinance No. 6906 (Council)
A n Ordinance amending S ection 2.08.020 of the Auburn City Code related to the
purpose of the City’s I ndependent Salary Commission
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6906.)
D.Ordinance No. 6907 (Council)
A n Ordinance relating to the S alary and E mployment B enefits of the City Mayor
P osition, amending A uburn City Code Sections 2.03.020, 2.63.120 and 2.63.160, and
providing (in a Non-Codified Section) Employment Benefit Payment Terms for the
Current City Mayor
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6907.)
E .Ordinance No. 6908 (Gaub)
A n Ordinance enacting a Street P ayback Requirement for Parcel No. 3339400655
related to City P roject C P2022 Garden Avenue, providing for S everability, and
establishing an E ffective Date
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(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6908.)
F.Ordinance No. 6909 (Gaub)
A n Ordinance relating to restrictions and limitations of P ublic Right-of-Way use and
revising Chapter 10.28 of the Auburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6909.)
X I V.RE S O L UT IO NS
A .Resolution No. 5710 (Thomas)
A Resolution relating to the Auburn F ood B ank’s Day Center and Night Shelter
Operations and authorizing the Mayor to negotiate, administer, and execute an
A greement with the Auburn F ood B ank
(RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5710.)
B .Resolution No. 5716 (Tate)
A Resolution approving the South K ing Housing and Homelessness 2024 Work Plan
and 2024 Operating B udget
(RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5716.)
C.Resolution No. 5717 (Comeau/Caillier)
A Resolution authorizing the City to enter an Agreement with K ing County L ibrary
S ystem (K C L S) for City L aw E nforcement Services on K C L S Property
(RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5717.)
D.Resolution No. 5721 (Council)
A Resolution amending the City Council Rules of Procedure
(RE C O M M E ND E D AC T I O N: M ove to approve Resolution No. 5721.)
X V.M AY O R AND C O UNC I L M E M B E R RE P O RT 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
B .From the M ayor
X V I .AD J O URNM E NT
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 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Right-of-Way Vacation No. VAC22-0003
(Gaub)
Date:
April 18, 2023
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Right-of-Way Vacation No. VAC22-
0003. See Ordinance No. 6905 for further action on this item.
Background for Motion:
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the proposed
Right-of-Way Vacation for VAC22-0003 for unopened right-of-way located within a portion of
116th Avenue SE that lies north of SE 304th Street.
The date of the public hearing was set by Resolution No. 5706 on May 1, 2023.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:June 5, 2023 Item Number:PH.1
Page 6 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Ordinance No. 6908 (Gaub)
Date:
May 23, 2023
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Ordinance No. 6908. See Ordinance
No. 6908 for information and further action on this item.
Background for Motion:
Background Summary:
Per Auburn City Code Chapter 3.25.050 a public hearing shall be held to consider Ordinance
No. 6908 that would enact a street payback requirement for Parcel No. 3339400655 related
to City Project CP2022 Garden Avenue Realignment.
The date of the public hearing was set by City Council consent on May 1, 2023. Notice of the
public hearing was sent to the owners of Parcel No. 3339400655 on May 2, 2023.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:June 5, 2023 Item Number:PH.2
Page 7 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 24, 2023, May 8, 2023, and May 22, 2023
City Council Study Session Meetings
Date:
May 31, 2023
Department:
City Council
Attachments:
04-24-2023 Minutes
05-08-2023 Minutes
05-22-2023 Minutes
Budget Impact:
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 5, 2023 Item Number:CA.A
Page 8 of 188
City Council Study Session Community
Wellness Special F ocus Area
April 24, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Cheryl Rakes, and Yolanda Trout-Manuel.
Councilmember Robyn Mulenga was excused.
Department directors and staff members present include: Senior City S taff
A ttorney Doug Ruth, Assistant P olice Chief S amuel B etz, Director of
E quity and I nclusion Brenda Goodson-Moore, A ssistant Director of
Community Development J ason Krum, A ssistant Director of E ngineering
S ervices J acob S weeting, A irport Manager Tim Mensonides, Real Estate
Manager J osh Arndt, Director of I nnovation and Technology David Travis,
and City Clerk S hawn Campbell.
I I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I V.A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS
There were no Announcements, Reports or Presentations.
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .A uburn Municipal Airport A dvisory Board Annual Update (Gaub) (15 Minutes)
Manager Mensonides and Airport Board Chair Andrea P rasse provided
Council with the 2022 Airport Board Accomplishment including the
purchase of property from K ing County and Metro Park and Ride, hanger
mural, removal of restrictions on instrument approach, P residential visit,
Page 1 of 3Page 9 of 188
update to the A irport Rules and Regulations, and having a onsite
maintenance faculty. T hey reviewed the 2023 Airport Board Work P lan
including hangar developments, middle ramp development, 2023 Airport
Marketing F ocus, A irport E xpansion Areas, and Viable I nstrument
A pproach. T hey also reviewed the 2023 Runway P roject.
Council discussed the fencing and trespassing, airport economic
development, bird strikes, downtime of the runway during maintenance,
and Airport Day.
B .B uilding Code Overview (Tate) (30 Minutes)
S taff to present an overview of the origin of the I nternational, S tate, and L ocal Building
Codes and associated amendments. S taff will also provide background on local
administration and enforcement responsibilities
A ssistant Director K rum provided Council with the Building Code overview.
He reviewed the B uilding and Permit Center background and qualifications
held by staff, permit exemptions, the plan review process, occupancy
classifications, inspections, the role of the Valley Regional F ire Authority,
L egacy B uilding codes, the implementation of the I nternational Building
Code, the steps for updating the I nternational Building Code, updates to
the Washington S tate B uilding Code, and updates to the City of Auburn
B uilding Code. A ssistant Director K rum provided Council with the
estimated timeline for updates to the City's Building Code.
Council discussed the amount of changes to the Code over the years,
delay of updates due to C O V I D, permitting effecting temporary structures,
requirements to update buildings, and timeframe for permitting.
V I .C O MMUNI T Y W E L L NE S S D I S C US S I O N I T E MS
A .K ing County Regional Homelessness A uthority F ive Year P lan Update (Tate) (20
Minutes)
A presentation by K ing County Regional Homelessness A uthority staff providing an
update to their work on the Five Year Plan and S outh King County S ubregional
I mplementation P lanning
Councilmember Trout-Manual chaired this section of the meeting.
A bby Anderson from King County Reginal Homelessness A uthority
(K C R HA ) presented to Council on the F ive Year P lan. S he provided
Council with a brief history of the K C R HA, the role of K C R HA, and the
progress of the program to date. S he shared the development of the Five
Year Plan, the scope and scale of the issue, who is experiencing
homelessness, deaths of people experiencing homelessness, the current
state of service provider organizations, the network of homelessness
services, system to system connections, and the ideal system plan. She
reviewed the overall goal of the Five Year Plan, the metrics of success, the
activities of the plan, and prioritization of the activities. She shared the
Page 2 of 3Page 10 of 188
implementation plan including, the activities tailored to the sub-region, the
subject matter working groups, key components of the sub-regional plans,
and the requests for feedback.
Council discussed the progress K C R HA has made, distribution of
homelessness vouchers, the local hotel for housing, factors attributable to
the deaths of people experiencing homelessness, race and ethnicity, the
location of housing, working with professionals to ensure the proper
housing is available for the situation, how someone can experience
homelessness, the work of the Ombuds Office, ways to expand services
to include individuals experiencing homelessness back into the community,
and education into the community.
V I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 7:04 p.m.
A P P R O V E D this 5th day of J une, 2023.
____________________________ _______________________________
J A ME S J E YA R A J , D E P UT Y MAYO R 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
at the City Clerk's Office.
Page 3 of 3Page 11 of 188
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
May 8, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, Cheryl Rakes, and Yolanda
Trout-Manuel.
Department directors and staff members present include: City A ttorney
K endra Comeau, S enior Staff City A ttorney Harry B oesche, Chief of
P olice Mark Caillier, Utility B illing S ervices Manager J oan Nelson, Director
of Community Development J eff Tate, E conomic Development Manager
J enn F rancis, and City Clerk S hawn Campbell.
I I I .A G E ND A MO D I F I C AT I O NS
The King County S olid Waste R E + P resentation was removed from the
agenda.
A .E xecutive S ession
Deputy Mayor J eyaraj adjourned into an executive session at 5:33 p.m. per
R C W 42.30.110(1)(i) to discuss L itigation or legal risks of a proposed
action or current practice that the agency has identified when public
discussion of the litigation or legal risks is likely to result in an adverse legal
or financial consequence to the agency for 30 minutes. City Attorney
Comeau, Special Appointed L egal Council Charlotte Archer, and Director
Martinson were required to attend. T here was no action after the executive
session.
Deputy Mayor reconvened the meeting at 6:03 p.m.
Page 1 of 5Page 12 of 188
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .Waste Management 2022 Annual Report P resentation (Thomas) (20 Minutes)
Manager Nelson and L aura Mouser provided Council with an overview of
the 2022 Waste Management A nnual Report. Ms. Mouser reviewed the
community activities Waste Management participates in. They discussed
the Waste Management L itter Crew accomplishments, the Recycle Corps
I ntern P rogram, Waste Management Educational and Outreach with
commercial customers, the Recycle Right Collection E vents, amounts of
garbage collected, recycling and compost collected in 2022, investments
to the Waste Management Recycle Center, and Recycling Center virtual
tours.
Council discussed the paid internship program, the amount of garbage
collected, the virtual tours, the rules about plastic in recycling, the current
Waste Managment contract, and commercial composting,
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Changing a L and Use L aw (Tate) (20 Minutes)
A n overview of what it takes to change a L and Use L aw
Director Tate provided Council with an overview of what it takes to change
L ocal L and Use L aws. He reviewed what a land use regulation consists of,
the F ederal and S tate laws that govern the L and Use laws, the process for
changing a L and Use law, and samples of a change to the Code.
Council discussed the Comprehensive P lan updates, vacant buildings,
river temperatures, and low impact development.
V I .F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .E conomic Development Update - 1st Quarter 2023 (Tate) (15 Minutes)
A n update on E conomic Development Division activity
This portion of the meeting was Chaired by Councilmember B aldwin.
Manager F rancis provided Council with an overview of the Economic
Development F irst Quarter Update including an overview of the
department, the A uburn Area Chamber of Commerce, marketing
campaigns, business connect events, the Downtown A uburn Cooperative
and a B I A update, downtown engagement, the Comprehensive P lan
Update, business outreach meetings, tourism, Green River College S mall
B usiness Center, Good Neighbor Agreement meetings, presentation to
the Women's Council of Realtors, preparation for 2023 Civics Academy,
and upcoming topics for second quarter.
Council discussed the costs of the marketing campaigns, what brings
people to A uburn from the marketing campaigns, vendors for tracking, and
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metrics of economic activity.
B .Ordinance No. 6906 (Council)
A n Ordinance amending S ection 2.08.020 of the Auburn City Code related to the
purpose of the City’s I ndependent Salary Commission
Councilmember B aldwin provided a brief history of the process of the ad
hoc committee. She provided Council with a overview of the changes
proposed by Ordinance No. 6906.
Council discussed the S alary Commission's historical roll with benefits.
Deputy Mayor moved to suspend the Council Rules of P rocedure, Rule
No. 2.2C and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Deputy Mayor moved to move Ordinance No. 6906 forward to the May 15,
2023, Council Meeting for a vote and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Council Discussed the reason for making the updates to the Code.
City Clerk Campbell informed Council S ection 3 of the Council Rules of
P rocedure states: The City Clerk shall then prepare a proposed agenda
according to the order of business, for approval by the Mayor, or their
designee. She added Mayor Backus has not approved any items being
placed on the Council agenda for the May 15, 2023, Council Meeting. I f
the Council brings this item forward for action on May 15, 2023, the item
will not be published on the Council A genda in advance due to the Mayor's
directive. T his directive does not prevent the Council from proceeding with
this motion tonight.
C.Ordinance No. 6907 Option A (Council)
A n Ordinance relating to the S alary and E mployment B enefits of the City Mayor
P osition, amending A uburn City Code Sections 2.03.020, 2.63.120 and 2.63.160, and
providing (in a non-codified section) E mployment B enefit P ayment Terms for the
current City Mayor
Councilmember B aldwin provided Council with the background for
Ordinance No. 6907 option A and option B she reiewed the differences
between the two options.
Council discussed the accumulation rates, current accumulation of Mayor
B ackus at this time, and vacation payouts, when the Mayor would be able
to receive the payouts, history of the Code updates, implementation at the
end of the current Mayor's term, relationships between the Mayor and
Council, ensuring a fair and equitable outcome to both the taxpayer and the
current Mayor, and ensuring respectful treatment.
Page 3 of 5Page 14 of 188
Deputy Mayor moved to suspend the Council Rules of P rocedure, Rule
No. 2.2C and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Deputy Mayor moved to move Ordinance No. 6907 Option B forward to
the May 15, 2023, Council Meeting for a vote and Councilmember Trout-
Manuel seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 6-1. Councilmember B rown
opposed.
City Clerk Campbell informed Council S ection 3 of the Council Rules of
P rocedure states: The City Clerk shall then prepare a proposed agenda
according to the order of business, for approval by the Mayor, or their
designee. She added Mayor Backus has not approved any items being
placed on the Council agenda for the May 15, 2023, Council Meeting. I f
the Council brings this item forward for action on May 15, 2023, the item
will not be published on the Council A genda in advance due to the Mayor's
directive. T his directive does not prevent the Council from proceeding with
this motion tonight.
D.Ordinance No. 6907 Option B (Council)
A n Ordinance relating to the S alary and E mployment B enefits of the City Mayor
P osition, amending A uburn City Code Sections 2.03.020, 2.63.120 and 2.63.160, and
providing (in a non-codified section) E mployment B enefit P ayment Terms for the
current City Mayor
S ee Ordinance No. 6907 Option A.
E .A udience P articipation
Virginia Haugen 2503 R S T S E A uburn 99001
Ms. Haugen expressed her concerns regarding the action taken.
V I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 8:07 p.m.
A P P R O V E D this 5th day of J une, 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R S hawn 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 4 of 5Page 15 of 188
at the City Clerk's Office.
Page 5 of 5Page 16 of 188
City Council Study Session P W C D S FA
May 22, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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hours after the meeting has concluded.
I .C A L L TO O R D E R
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, and Cheryl Rakes.
Councilmember Yolonda Trout-Manuel was excused.
Department directors and staff members present included: City Attorney
K endra Comeau, S enior City Staff A ttorney Harry B oesche, Chief of
P olice Mark Caillier, Director of Public Works I ngrid Gaub, Assistant
Director of Community Development J ason K rum, Director of Human
Resources and Risk Management Candis Martinson, Right-of-Way
S pecialist Amber Olds, A ssistant Director of E ngineering Services J acob
S weeting, Utility Engineering Manager Ryan Vondrak, S ewer Utility
E ngineer Robert E lwell, Director of Equity and I nclusion B renda
Goodson-Moore, Director of I nnovation and Technology David Travis,
B usiness S ystems Analyst Chrissy Malave, and City Clerk Shawn
Campbell.
I I I .A G E ND A MO D I F I C AT I O NS
A n updated version of the Council Rules of P rocedure was provided to all
Councilmembers.
A .E xecutive S ession
Deputy Mayor J eyaraj adjourned into an executive session at 5:31 p.m. per
R C W 42.30.110(1)(i) to discuss L itigation or legal risks of a proposed
action or current practice that the agency has identified when public
discussion of the litigation or legal risks is likely to result in an adverse legal
or financial consequence to the agency for 30 minutes. City Attorney
Comeau, Senior City S taff Attorney Boesche, S pecial A ppointed L egal
Page 1 of 5Page 17 of 188
Council Charlotte A rcher, and Director Martinson were required to attend.
There was no action after the executive session.
Deputy Mayor extended the executive session by an additional 15 minutes.
Deputy Mayor reconvened the meeting at 6:16 p.m.
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .Drug law update related to S econd E ngrossed Second Substitute Senate Bill 5536
signed by the Governor on May 16, 2023 (Comeau) (10 Minutes)
City Attorney Comeau and Senior City S taff Attorney Boesche provided
Council with an update on S enate B ill 5536 including the history for the
controlled substances laws, possession of a controlled substance is a
gross misdemeanor, public use of controlled substances, drug
paraphernalia, public health programs, drug treatment provision, and
pretrial diversion programs.
Council discussed consequences of not complying with pretrial diversion,
public health programs providing drug testing equipment, and types of
smoking equipment.
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6906 (Council)
A n Ordinance amending S ection 2.08.020 of the Auburn City Code related to the
purpose of the City’s I ndependent Salary Commission
Councilmember B aldwin provided a brief description of the I ndependent
S alary Commission's role and purpose of the proposed Ordinance. S he
noted a desire to preserve the recordings of the I ndependent Salary
Commission meetings.
Deputy Mayor moved to suspend the Council Rules of P rocedure, Rule
No. 2.2C and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 5-1. Councilmember B rown
opposed.
Deputy Mayor moved to move Ordinance No. 6906 forward to the J une 5,
2023, Council Meeting for a vote and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 5-1. Councilmember B rown
opposed.
B .Ordinance No. 6907 (Council)
A n Ordinance relating to the S alary and E mployment B enefits of the City Mayor
P osition, amending A uburn City Code Sections 2.03.020, 2.63.120 and 2.63.160, and
providing (in a non-codified section) E mployment B enefit P ayment Terms for the
current City Mayor
Page 2 of 5Page 18 of 188
Councilmember B aldwin provided a explanation of Ordinance No. 6907
including the changes to the Mayor leave accruals, payout caps, and the
frozen banks of current Mayor.
Council discussed accrual rates for sick and vacation leave in the
proposed Ordinance, comparison cities, and differences in accrual rates.
Deputy Mayor moved to suspend the Council Rules of P rocedure, Rule
No. 2.2C and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0.
Deputy Mayor moved to move Ordinance No. 6907 forward to the J une 5,
2023, Council Meeting for a vote and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 5-1. Councilmember B rown
opposed.
Councilmember B aldwin asked Mayor B ackus if she had any input on the
proposed Ordinance. Mayor B ackus stated she would provide the Council
with her formal response in the future.
C.Resolution No. 5721 (Council)
A Resolution amending the City Council Rules of Procedure
Councilmember B aldwin provided Council with the proposed changes to
the Council Rules of Procedure in Rule 3 and remote attendance at
Council Meetings, and prohibitive use of cell phones in meetings.
Mayor Backus asked if it was from the ad hoc committee and stated if this
was discussed by the ad hoc committee, it is outside the scope of the
committee.
Deputy Mayor moved to suspend the Council Rules of P rocedure, Rule
No. 2.2C and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0.
Deputy Mayor moved to move Resolution No. 5721 forward to the J une 5,
2023, Council Meeting for a vote and Councilmember B aldwin seconded.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0.
V I .P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .Ordinance No. 6902 (Tate) (30 Minutes)
A n Ordinance relating to Building Codes, and amending Chapter 15.08A , S ections
15.07.010, 15.07.020, 15.07.030, 15.07.040, 15.07.080, 15.07.090, 15.07.100,
15.07.140, 15.07.150, 15.020.010, 15.20.030, 15.20.050, 15.32.010, 15.32.050,
Page 3 of 5Page 19 of 188
15.36A.011, 15.36A.091, 15.74.040 and 15.74.050, repealing Chapters 15.04, 15.06,
and 15.48 of the A uburn City Code
A ssistant Director K rum and Building I nspector S ingh provided Council
with an overview of the B uilding Code Update including changes to codes
for puzzle rooms, 3-D printed construction, shipping containers, significant
changes to the F ire Code, electrical vehicle infrastructure, Energy Code
updates, wildland urban interface. T hey reviewed the changes with the
Code by insignificant changes, organizational changes, existing adopted
code, and the substantial changes.
Council discussed who the new updates apply to, and the types of code
updates that increase housing costs.
B .Ordinance No. 6905 (Gaub) (5 Minutes)
A n Ordinance vacating unopened City Right-of-Way located within a portion of 116th
Avenue S E that lies North of S E 304th S treet, within the City of Auburn, Washington
Right-of-Way Specialist Olds provided Council with an overview of
Ordinance No. 6905 including the location of the right-of-way vacation,
concerns with the proposed right-of-way vacation, adjacent property
owners to the proposed right-of-way vacation, and staff conditions for
recommendations of the proposed right-of-way vacation.
C.Ordinance No. 6908 (Gaub) (10 Minutes)
A n Ordinance enacting a Street P ayback Requirement for Parcel No. 3339400655
related to City P roject C P2022 Garden Avenue, providing for severability, and
establishing an effective date
A ssistant Director S weeting provided Council with an overview of
Ordinance No. 6908 including a background on the purpose of a City
S treet Payback A greement, Garden Avenue Realignment P roject location,
the assessment area and amounts, and the benefited parcel.
Council discussed the proposed use of the property.
D.Ordinance No. 6909 (Gaub) (10 Minutes)
A n Ordinance relating to restrictions and limitations of public Right-of-Way use and
revising Chapter 10.28 of the Auburn City Code
A ssistant Director S weeting provided Council with an overview of
Ordinance No. 6909 including the use restrictions of Auburn Way North
and 30th S t NE due to Safety and Security Concerns.
Council discussed the ways to monitor and enforcement the Ordinance.
E .S anitary Sewer Comprehensive Plan Update – Policy Review (Gaub) (30 Minutes)
Manager Vondrak and E ngineer E lwell provided Council with an overview
of the Sanitary S ewer Comprehensive P lan Policy including what is
considered a policy, the goals of the policies, an introduction of the sanitary
Page 4 of 5Page 20 of 188
sewer utility system, the new sanitary sewer goals and categories, policy
review, removed polices, new policies, combined and moved policies, and
simplified policies.
Council discussed replacement targets prior to end of the useful life.
F.2024-2029 Transportation I mprovement Program Annual Update and 2024
Transportation I mpact Fee Update (Gaub) (20 Minutes)
E ngineer Webb provided Council with an overview of the 2024-2029
Transportation I mprovement P rogram (T I P) including the requirements for
updating the T I P, financially constrained funded, how the T I P is used,
requirements for updating the T I P, projects proposed to be removed,
projects proposed to be added, projects to be advances within the T I P,
funding by project type and source, sustainable funding actions, 2024
Traffic I mpact F ees, and the proposed next steps for action.
Council discussed the timing for projects.
G.A udience P articipation
No one came forward to speak.
V I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 8:43 p.m.
A P P R O V E D this 5th day of J une, 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R S hawn 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
at the City Clerk's Office.
Page 5 of 5Page 21 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 1, 2023, Regular City Council Meeting
Date:
May 31, 2023
Department:
City Council
Attachments:
05-01-2023 Minutes
Budget Impact:
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 5, 2023 Item Number:CA.B
Page 22 of 188
City Council Meeting
May 1, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet and led those
in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, Cheryl Rakes, and Yolonda
Trout-Manuel.
Department directors and staff members present included: City Attorney
K endra Comeau, Chief of Police Mark Caillier, Assistant Director of P ublic
Works J acob S weeting, Director of E quity and I nclusion Brenda Goodson-
Moore, Director of I nnovation and Technology David Travis, E xecutive
A ssistant to the Mayor Tamie Bothell, B usiness S ystems Analyst Chrissy
Malave, and City Clerk S hawn Campbell.
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .AW C Presentation
C E O, Deana Dawson to present Advanced C ML Certificate to Mayor Backus
Deana Dawson, C E O of Association of Washington Cities (AW C),
provided Council with a brief description of the AW C programs and roles.
Ms. Dawson presented Mayor Nancy B ackus the A dvanced Certificate of
Municipal L eadership.
B .A sian A merican, Native Hawaiian, and P acific I slander Heritage
Page 1 of 6Page 23 of 188
Month
Mayor Backus to proclaim May 2023 as "A sian A merican, Native Hawaiian, and P acific
I slander Heritage Month" in the City of A uburn
Mayor Backus proclaimed May 2023 as "Asian American, Native Hawaiian,
and P acific I slander Heritage Month" in the City of Auburn. P astor Ofa
L angi accepted the proclamation and thanked the Mayor and Council for
recognizing Asian American, Native Hawaiian, and Pacific I slander
Heritage Month.
C.J ewish American Heritage Month
Mayor Backus to proclaim May 2023 as "J ewish American Heritage Month" in the City
of Auburn
Mayor Backus proclaimed May 2023 as "J ewish A merican Heritage Month"
in the City of Auburn.
D.Mental Health Awareness Month
Mayor Backus to proclaim May 2023 as "Mental Health Awareness Month" in the City of
A uburn
Mayor Backus proclaimed May 2023 as "Mental Health Awareness Month"
in the City of Auburn.
E .National Day of P rayer
Mayor Backus to proclaim May 4, 2023 as "National Day of Prayer" in the City of
A uburn
Mayor Backus proclaimed May 4, 2023 as "National Day of P rayer" in the
City of Auburn. P astor L aShund L ambert accepted the proclamation and
thanked the Mayor and Council for recognition of the National Day of
P rayer.
F.Nurses Month
Mayor Backus to proclaim May 2023 as "Nurses Month" in the City of Auburn
Mayor Backus proclaimed May 2023 as "Nurses Month" in the City of
A uburn. L ucy Norris, Chief Nurse Executive with MultiCare Auburn Medical
Center and Heather T homasson, Clinical Director at A uburn Medical
Center’s E mergency Department, accepted the proclamation and
thanked the Mayor and Council for acknowledging Nurses Month.
G.A ffordable Housing Week
Mayor Backus to proclaim May 7, 2023 to May 13, 2023 as "Affordable Housing
Week" in the City of Auburn
Mayor Backus proclaimed May 7, 2023 to May 13, 2023 as "A ffordable
Housing Week" in the City of A uburn. Cliff Cawthon, Master B uilders
A ssociation, and Teena Ellison, Director of Housing S ervices from
Compass Housing A lliance, accepted the proclamation they thanked the
Mayor and Council for their support and recognition of Affordable Housing
Page 2 of 6Page 24 of 188
Week.
H.National Police Week and Peace Officers Memorial Day
Mayor Backus to proclaim May 14, 2023 to May 20, 2023 as "National Police Week"
and May 15, 2023 as "P eace Officers Memorial Day" in the City of Auburn
Mayor Backus proclaimed May 14, 2023 to May 20, 2023 as "National
P olice Week" and May 15, 2023 as "P eace Officers Memorial Day" in the
City of Auburn. Mark Caillier, Chief of P olice, accepted the proclamation he
thanked the Mayor and Council for their support.
V I .AG E ND A M O D I F IC AT I O NS
Discussion of placement of Ordinance No. 6906 and 6907 on future
agendas added to unfinished business.
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
J ames Hargis
Mr. Hargis expressed his concerns regarding illegal fireworks.
J an Molinaro 1339 Griffin Enumclaw 98022
Mr. Molinaro, Mayor of E numclaw and S ound Cities A ssociation
(S C A) P resident, thanked the City for being a member of S C A . He
invited the Council to attend future networking events and encouraged
Council to get involved in S C A .
P atrick Taylor 1812 4T H P L NE Auburn 98002
Mr. Taylor shared information about the special needs fishing derby
that was put on by the City and the Noon L ions.
Carley W illis 1809 Howard Road Auburn 98002
Ms. W illis expressed concern regarding crime at her small business
and concerns about law enforcement response.
Virginia Haugen 2503 R S T S E A uburn 98001
Ms. Haugen expressed concern with crime and homelessness.
David Chivis 17 S . Division Auburn 98001
Mr. Chivis expressed concern with drug use in the public.
Val Erickson 535 M S T NE A uburn 98002
Ms. E rickson expressed concern with safety in A uburn.
Page 3 of 6Page 25 of 188
L aS hund L ambert 29610 123rd P L S E Auburn 98092
Mr. L ambert, Chair of the Police Advisory Committee, expressed
disappointment in the City's response to the crime in Auburn.
J ennifer Carrington 1118 Howard Road Auburn 98002
Ms. Carrington expressed concern with crime near her business.
B .Correspondence
There was no correspondence for Council to review.
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
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.F inance Ad Hoc Committee (Chair B aldwin)
Councilmember B aldwin, Chair of the F inance ad hoc committee,
reported she and Councilmember Baggett have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
2.Mayoral B enefits and L eave Compensation Review A d
Hoc Committee (Chair B aldwin)
Councilmember B aldwin, Chair of the Mayoral B enefits and L eave
Compensation Review ad hoc committee, provided an update that
the committee has met and will continue to meet. T he ad hoc
committee intends to have both Ordinances placed on the May 8,
2023, S tudy S ession Meeting.
I X.C O NS E NT AG E ND A
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 10, 2023, City Council S tudy S ession
Meeting
B .Minutes of the April 17, 2023, Regular City Council Meeting
C.Minutes of the April 19, 2023, Special City Council Meeting
D.Claims Vouchers (Thomas)
Claims voucher list dated May 1, 2023 which includes voucher number 471688 through
471820, in the amount of $2,836,424.45 and seven wire transfers in the amount of
$826,669.81
Page 4 of 6Page 26 of 188
E .P ayroll Voucher (T homas)
P ayroll check numbers 539486 through 539487 in the amount of $628,270.79
electronic deposit transmissions in the amount of $2,411,796.71 for a grand total of
$3,040,067.50 for the period covering A pril 13, 2023 to April 26, 2023
F.S etting the Date for a Public Hearing for Ordinance No. 6908
(Gaub)
City Council to set the date for a Public Hearing for Ordinance 6908 for E nacting
S treet Payback Requirement for City P roject C P2022 Garden Avenue Realignment
Deputy Mayor J eyaraj moved and Councilmember B aggett seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X .UNF INIS HE D B US I NE S S
Mayor Backus explained the purpose of requesting the Ordinances be
moved to a future agenda.
Councilmember B rown moved to schedule the discussion of Ordinance
No. 6906 and 6907 to the May 22, 2023, Study Session Meeting. No
second was received, motion failed.
X I .NE W B US I NE S S
There was no new business.
X I I .RE S O L UT IO NS
A .Resolution No. 5706 (Gaub)
A Resolution setting a P ublic Hearing to consider the Vacation of Unopened Right-Of-
Way located within a portion of 116th Avenue S E that lies North of S E 304th S treet,
within the City of Auburn, Washington
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5706.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5714 (Gaub)
A Resolution authorizing the Mayor to execute and administer agreements accepting a
grant from the Washington State Department of Transportation and Federal Highway
A dministration for the L ea Hill Road/104th Ave S E Roundabout Project
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5714.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
Page 5 of 6Page 27 of 188
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
Councilmember B aldwin reported she participated in a presentation with
Community Court.
Councilmember Rakes reported she attended the Ribbon Cutting for
E merald City F ashion, the K ing County Elected Officials Reception on
Recycling, the Elections 101 Class, and the A uburn Noon L ions F ishing
Derby.
Councilmember Trout-Manuel reported she attended the National L eague
of Cities (NL C) Human Development Meeting, Mayor's State of the City,
NL C Hispanic E lected L ocal Officials (HE L O) Board Meeting, Ribbon
Cutting for Emerald City Fashion, K ing County Elected Officials Reception
on Recycling, and the A uburn Noon L ions F ishing Derby.
B .From the M ayor
Mayor Backus reported she hosted the S tate of the City at the Muckleshoot
E vents Center, a mock City Council Meeting with B uena Vista Middle
S chool Students, Clean S weep, S ound Cities A ssociation Meeting,
I nclusive Auburn A dvisory Team Meeting, Cities and S chools Meeting,
B ring Your Child to Work Day, and the A uburn Noon L ions F ishing Derby.
Mayor Backus informed the Council that K ent Hay has been promoted to
Director of A nti-Homelessness.
X I V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 8:34 p.m.
A P P R O V E D this 5th day of J une, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn 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
at the City Clerk's Office.
Page 6 of 6Page 28 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 18, 2023 and May 19, 2023, Special City
Council Meetings
Date:
May 31, 2023
Department:
City Council
Attachments:
05-18-2023 Minutes
05-19-2023 Minutes
Budget Impact:
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 5, 2023 Item Number:CA.C
Page 29 of 188
Special City Council Meeting
May 18, 2023 - 8:00 AM
Green Riv er College - 12401 S E 320th
St. Auburn, W A 98092 (Mel L indbloom
Student - Riv er Room)
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 8:34 a.m. at Green
River College, 12401 S E 320th St. Auburn, WA 98092 in S alish Hall
Classroom No. 257.
A .P UB L I C PART I C IPAT IO N
1.Public Participation
The Special City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, Cheryl Rakes, and Yolonda
Trout-Manuel.
Department directors and staff members present included: City Attorney
K endra Comeau, Chief of Police Mark Caillier, Director of Equity and
I nclusion Brenda Goodson-Moore, Director of P arks, A rts and Recreation
Daryl F aber, Director of P ublic Works I ngrid Gaub,
Director of Human Resources & Risk Management Candis Martinson,
Director of A dministration Dana Hinman, Director of
Community Development J eff Tate, Director of F inance J amie
Thomas, Director of I nnovation and Technology David Travis, Council
A dministrative Assistant Melissa B ailey, Communications Manager
J onathan Glover, I T S upport Specialist Tristen B ennett, Business Systems
A nalyst Chrissy Malave, Deputy City Clerk Hannah Scholl, and City Clerk
S hawn Campbell.
I I .D IS C US S I O N IT E M S
A .L ong Term Visioning for the City of A uburn
Mayor Backus provided Council and Directors with a brief history of past
Council retreats and the purpose and goals of holding a retreat. S he
thanked Council and Directors for participating.
Deputy Mayor J eyaraj thanked everyone for participating and introduced
the retreat faclitator K athryn L eslie who guided Council and Directors
Page 1 of 2Page 30 of 188
through an exercise discussing what they enjoy about their jobs and the
challenges they face.
Council and Directors discussed serving their community, citizens, growing
needs, lack of resources, community engagement, longevity, and
communication.
The majority of participants voted to have the recording was stopped at
9:30 a.m.
Rhonda Hilyer provided the participants training on Success Signals,
commonly known as colors training. S he reviewed peoples ability to listen
and retain, signals and messages people send. S he reviewed the traits of
the various colors, and tools to use with people with different styles.
Mayor Backus recessed for lunch at 12:05 p.m.
Mayor Backus reconvened the meeting at 1:00 p.m.
Ms. L eslie discussed with the participants characteristics that work well in
communication, agreements within communications and conflict, and
acceptable norms that the participants agreed to.
Ms. L eslie asked each Councilmember to state why they ran for Auburn
City Council and what they want Auburn to look like.
Council broke into groups to discuss the highlights of the norms and
listening session.
I I I .AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 5:00 p.m.
A P P R O V E D this 5th day of J une, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn 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
at the City Clerk's Office.
Page 2 of 2Page 31 of 188
Special City Council Meeting
May 19, 2023 - 8:00 AM
Green Riv er College - 12401 S E 320th
St. Auburn, W A 98092 (Salish Hall
Classroom No. 257)
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 8:30 a.m. at Green
River College, 12401 S E 320th St. Auburn, WA 98092 in the Mel
L indbloom Student Union - River Room.
A .P UB L I C PART I C IPAT IO N
1.Public Participation
The Special City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Bob B aggett,
K ate Baldwin, L arry Brown, Robyn Mulenga, and Cheryl Rakes.
Councilmember Yolonda Trout-Manuel was excused.
Department directors and staff members present included: City Attorney
K endra Comeau, Chief of Police Mark Caillier, Director of E quity and
I nclusion Brenda Goodson-Moore, Director of P arks, A rts and Recreation
Daryl F aber, Director of P ublic Works I ngrid Gaub, Director of Human
Resources & Risk Management Candis Martinson, Director of
A dministration Dana Hinman, Director of Community Development J eff
Tate, Director of Finance J amie Thomas, Director of I nnovation and
Technology David Travis, Director of A nti-Homelessness K ent
Hay, Council A dministrative Assistant Melissa B ailey, Communications
Manager J onathan Glover, I T Support S pecialist Tristen Bennett, Business
S ystems Analyst Chrissy Malave, and City Clerk Shawn Campbell.
I I .D IS C US S I O N IT E M S
A .Council Rules of P rocedure
Council discussed revision to the Council Rules of Procedure.
B .Goal P rioritization
Teams reported out on their combined goals including public safety,
facilities, downtown revitalization, homelessness, affordable housing,
revising Council Rules of P rocedure, S taff providing information timely to
Council, partnering with external partners, internship development, health
Page 1 of 2Page 32 of 188
and climate equity, attaching new business, establishing Auburn's identity,
neighborhoods, intentional development, crisis care centers diversity, and
equity and inclusion.
The participants discussed the breakdown of the goals, including public
safety, compensation packages, homelessness, and community
engagement.
The participants closed with their feelings on the retreat.
I I I .AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 12:53 p.m.
A P P R O V E D this 5th day of J une, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn 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
at the City Clerk's Office.
Page 2 of 2Page 33 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
May 23, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated May 15, 2023 which includes voucher number 471821 through
472002, in the amount of $3,403,786.25 and five wire transfers in the amount of $77,622.92.
Claims voucher list dated June 5, 2023 which includes voucher number 472003 through 472109,
in the amount of $2,205,594.81 and five wire transfers in the amount of $1,379,404.61.
Claims voucher list dated June 5, 2023 which includes voucher number 472110 through 472192,
in the amount of $1,946,728.79 and zero wire transfers in the amount of $0.00.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:June 5, 2023 Item Number:CA.D
Page 34 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
May 23, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539489 through 539492 in the amount of $82,166.72 electronic
deposit transmissions in the amount of $2,667,459.88 for a grand total of $2,749,626.60 for
the period covering April 27, 2023 to May 10, 2023.
Payroll check numbers 539493 through 539493 in the amount of $619,159.00 electronic deposit
transmissions in the amount of $2,411,285.48 also a special payroll for Police Commissioned
Comp Payout with electronic deposit transmission in the amount of $32,478.62 for a grand total of
$3,062,923.10 for the period covering May 11, 2023 to May 31, 2023.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:June 5, 2023 Item Number:CA.E
Page 35 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting the date for a Public Hearing for the 2024-2029
Transportation Improvement Program (Gaub)
Date:
May 18, 2023
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to set the date for a Public Hearing for the 2024-2029 Transportation
Improvement Program as June 20, 2023, at 7:00 pm.
Background for Motion:
Background Summary:
The City Council is asked to set a time and date for a public hearing to adopt the Six Year
Transportation Improvement Program (TIP). The public hearing is proposed to be held on
June 20, 2023 during the City Council Meeting.
The TIP is a multiyear planning tool and document for the development of transportation
facilities within the City and does not represent a financial commitment by the City. Once the
TIP is approved, projects are budgeted and funded through the City’s biennial budget. The
TIP sets priorities for the allocation of secured and unsecured funding, is a prerequisite of
most grant programs, and identifies Transportation Benefit District projects. Staff also uses
the TIP to coordinate future transportation projects with needed utility improvements. The
projects and programs identified in the TIP that increase the capacity of the transportation
system to address growth and development provide the basis for the City’s transportation
impact fee program. Projects must also be included in the TIP to be eligible for state and
federal grant funding.
RCW 35.77.010 requires that the TIP is amended by June 30 each year.
A summary of the proposed changes was presented at City Council Study Session on May
22, 2023.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:June 5, 2023 Item Number:CA.F
Page 36 of 188
Page 37 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6902 (Tate)
Date:
May 25, 2023
Department:
Community Development
Attachments:
Ordinance No. 6902
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6902.
Background for Motion:
Ordinance 6902 amends Title 15 of the Auburn City Code to adopt the 2021 building and
related construction codes along with local amendments to prepare Auburn City Code for the
effective date of July 1, 2023 of the updated Washington State Building Code.
Background Summary:
The Washington State Building Code Council has adopted updated 2021 building codes and
related standards and associated State amendments to be effective as of July 1, 2023. This
is a recurring update that typically occurs every three (3) years in response to the publication
of updated codes and standards by the International Code Council and associated
organizations.
The Planning Commission held a public hearing on May 2, 2023 and provided
recommendation to adopt amendments. No public comments were raised related to the
proposed amendments. Staff presented a brief overview of significant updates to the
International and State building codes as well as proposed updates to ACC Title 15 to City
Council at the May 22, 2023 Study Session.
Adoption of Ordinance No. 6902 by City Council will ensure that adoption of the new codes
and associated amendments occurs in conjunction with the effective date as adopted by the
Washington State Legislature.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:June 5, 2023 Item Number:ORD.A
Page 38 of 188
Page 39 of 188
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Ordinance No. 6902
June 5, 2023
Page 1 of 31 Rev. 2021
ORDINANCE NO. 6902
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO BUILDING
CODES, AND AMENDING CHAPTER 15.08A, SECTIONS
15.07.010, 15.07.020, 15.07.030, 15.07.040, 15.07.080,
15.07.090, 15.07.100, 15.07.140, 15.07.150, 15.020.010,
15.20.030, 15.20.050, 15.32.010, 15.32.050, 15.36A.011,
15.36A.091, 15.74.040 AND 15.74.050, REPEALING
CHAPTERS 15.04, 15.06, AND 15.48 OF THE AUBURN
CITY CODE
WHEREAS, the Auburn City Code includes a variety of chapters adopting various
codes related to the building of structures; and
WHEREAS, the State of Washington promulgates some of these codes, updates
them periodically, and requires, through RCW 19.27, that local jurisdictions adopt and
implement the standard codes; and
WHEREAS, the State of Washington has promulgated updated codes and has
approved them for adoption by local jurisdictions; and
WHEREAS, city staff and VRFA staff have reviewed the city’s building-related
codes, have identified amendments to update or supplemented these codes, and have
identified desired amendments to the provisions of the State -adopted codes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 15.07.010 of the Auburn City
Code is amended to read as follows:
15.07.010 General.
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Ordinance No. 6902
June 5, 2023
Page 2 of 31 Rev. 2021
A. Title. These regulations shall be known as the Construction Administrative Code of
the city of Auburn.
B. Purpose. The provisions of this title shall be interpreted and applied as minim um
requirements for safeguarding life, limb, health, property, and public welfare.
BC. Scope. The provisions of this chapter shall apply to the administration of the
technical codes adopted in Chapter 15.06 ACC and by the state of Washington, and as
listed:herein.
1.
a. 2018 International Building Code – Chapter 51-50 WAC;
b. 2018 International Residential Code – Chapter 51-51 WAC;
c. 2018 International Mechanical Code – Chapter 51-52 WAC;
d. 2018 International Fire Code – Chapter 51-54A WAC;
e. 2018 National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC;
f. 2018 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC;
g. 2018 International Fuel Gas Code – Chapter 51-52 WAC;
h. 2018 Uniform Plumbing Code – Chapter 51-56 WAC;
i. 2018 International Energy Conservation Code – Chapters 51-11C and 51-11R WAC;
j. 2018 International Property Maintenance Code;
k. 2018 International Swimming Pool and Spa Code;
l. 2018 International Existing Building Code;
m. 2018 International Green Construction Code;
n. 2014 Edition National Healthy Housing Standard.
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Ordinance No. 6902
June 5, 2023
Page 3 of 31 Rev. 2021
12. Exceptions. The provisions of this code shall not apply to work located
primarily in a public way, public utility towers and poles and hydraulic flood control
structures.
23. DefinitionsInterpretation of terms. For the purpose of this chapter, certain
terms, phrases, words and their derivatives shall have the meanings set forth in this
subsection. Where terms are not defined, they shall have their ordinary accepted
meanings within the context with which they are used. Webster’s Third International
Dictionary of the English Language, Unabridged, latest edition, shall be considered
as providing ordinary accepted meanings. Words used in the singular include the
plural and the plural the singular. Words used in the masculine gender include the
feminine and the feminine the masculine; provided, that any reference to “fire
department” in this title or the codes adopted hereunder shall be understood to
include the Valley Regional Fire Authority.
D. International codes and other standards adopted. The following codes and
Washington Administrative Code (WAC) chapters are adopted by reference as set forth
below. The codes and WAC chapters shall have the same force and effect s as if they
were set forth fully herein, provided that any amendments, deletions, and additions
contained in the chapters of this title shall govern over the provisions of the respective
adopted code. The building official shall file with the city clerk each code codified in this
chapter.
1. International Building Code Adopted – Chapter 51-50 WAC. The 2021
International Building Code is adopted by reference with the amendments,
deletions, and additions thereto as provided in Chapter 15.08A ACC, Building
Code.
2. International Residential Code Adopted – Chapter 51-51 WAC. The 2021
International Residential Code is adopted by reference, excluding Chapter 11,
“Energy Efficiency,” Chapters 25 through 33, “Plumbing,” and Chapters 34
through 43, “Electrical.”
3. International Mechanical Code Adopted – Chapter 51-52 WAC. The 2021
International Mechanical Code is adopted by reference.
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Ordinance No. 6902
June 5, 2023
Page 4 of 31 Rev. 2021
4. International Fire Code Adopted – Chapter 51-54A. The 2021 International
Fire Code is adopted by reference with the amendments, deletions, and additions
thereto as provided in Chapter 15.36A ACC, Fire Code.
5. National Fuel Gas Code (NFPA 54) Adopted – Chapter 51-52 WAC. The
2021 ANSI Z223.1/NFPA 54 National Fuel Gas Code is adopted by reference.
6. Liquefied Petroleum Gas Code (NFPA 58) Adopted – Chapter 51-52 WAC.
The 2021 Liquefied Petroleum Gas Code is adopted by reference.
7. International Fuel Gas Code Adopted – Chapter 51-52 WAC. The 2021
International Fuel Gas Code is adopted by reference.
8. Uniform Plumbing Code Adopted – Chapter 51-56 WAC. The 2021 Uniform
Plumbing Code is adopted by reference, including Chapter 12, “Fuel Piping,”
Chapter 15, “Firestop Protection,” Appendix A, “Recommended Rules for Sizing
the Water Supply System,” Appendix B, “Explanatory Notes on Combination
Waste and Vent Systems,” Appendix C, “Alternate Plumbing Systems,” Appendix
I, “Installation Standards,” and those requirementportions of the Uniform
Plumbing Code relating to venting and combustion air of fuel-fired appliances as
found in Chapter 5 and those portions of the code addressing building sewers.
9. International Energy Conservation Code Adopted – Chapters 51-11C and 51-
11R WAC. The 2021 International Energy Conservation Code, as published by
the International Code Council, and as amended by the State Building Code
Council in Chapters 51-11C and 51-11R WAC. The most current Washington
State Energy Code as established under Chapter 19.27A RCW is adopted by
reference.
10. International Property Maintenance Code Adopted. The 2021 International
Property Maintenance Code, as published by the International Code Council, is
adopted by reference with thethose amendments, deletions, exceptions and
conditions as provided in Chapter 15.20 ACC.
K. International Swimming Pool and Spa Code Adopted. The 2021 International
Swimming Pool and Spa Code, as published by the International Code Council,
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Ordinance No. 6902
June 5, 2023
Page 5 of 31 Rev. 2021
excluding Chapter 4, “Public Swimming Pools,” Chapter 5, “Public Spas and
Public Exercise Spas,” and Chapter 6, “Aquatic Recreation Facilities,” is adopted
by reference.
L. International Existing Building Code Adopted – Chapter 51-50. The 2021
International Existing Building Code is adopted by reference.
M. International Green Construction Code Adopted. The 2021 International
Green Construction Code, as published by the International Code Council, is
adopted by reference as an optional reference for developers who choose to
utilize elements of the code for guidance.
N. National Healthy Housing Standard Adopted. The 2018 National Healthy
Housing Standard, as published by the National Center for Healthy Housing, is
adopted by reference as a guideline and expression of intent to assist
interpretation of the codes adopted in this chapter.
Section 2. Amendment to City Code. Section 15.07.020 of the Auburn City
Code is amended to read as follows:
15.07.020 Conflicts between codes and code applicability.
A. General. In case of conflict between codes referenced in ACC 15.07.010, where, in
any specific case, different sections of this code specify different materials, methods of
construction or other requirements, the hierarchy of the codes named in Chapter 19.27
RCW shall govern. Otherwise, the most restrictive provision shall govern, or where
there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable. In the case of a conflict between the
International Green Construction Code and the city of Auburn engineering design
standards, surface water management manual, or construction standards, the city of
Auburn standards shall govern.
B. Other Laws. The provisions of this code shall not be deemed to nullify any
provisions of local, state or federal law.
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Ordinance No. 6902
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Page 6 of 31 Rev. 2021
C. Application of References. References to chapter or section numbers, or to
provisions not specifically identified by number, shall be constru ed to refer to such
chapter, section or provision of this code.
D. Referenced Codes and Standards – Conflict with Chapter. The codes and
standards referenced in this code shall be considered part of the requirements of this
code to the prescribed extent of each such reference. Where differences occur between
provisions of this code and referenced codes and standards, the provisions of this code
shall apply.
E. Partial Invalidity. In the event that any part or provision of this code is held to be
illegal or void, this shall not have the effect of making void or illegal any of the other
parts or provisions.
FE. Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this
title are repealed, except that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance
hereby repealed prior to taking effect of this title.
Section 3. Amendment to City Code. Section 15.07.030 of the Auburn City
Code is amended to read as follows:
15.07.030 EnforcementConstitutionality or invalidity.
If any section, subsection, clause or phrase of this title is for any reason held to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portion of this title.
.A. Enforcement Agency. The department of community development is designated as
the agency responsible for enforcement of building codes, and the official in charge
thereof shall be known as the building official, and Section 103 of Chapter 1 of the 2018
International Building Code is amended consistent therewith.
B. Venue. Unless specifically directed or assigned otherwise, violations of or failures to
comply with any of the codes referenced by this chapter shall be prosecutable in the
court of limited jurisdiction authorized to hear cases of the city.
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Ordinance No. 6902
June 5, 2023
Page 7 of 31 Rev. 2021
C. Penalties by Class and Category of Offenses. Unless a different city penalty is
specifically provided for a violation of or failure to comply with any of the codes adopted
by the chapters of this title, violations of and failures to comply with the requirements of
the codes adopted by this chapter shall constitute offenses of the same description,
class and category of offense as are indicated in the adopted code. The penalty for any
such offense identified or identifiable as a misdemeanor for which no penalty is
specifically provided shall be punishable by imprisonment in the appropriate city or
county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine
and imprisonment. The penalty for any such offense identified or identifiable as a gross
misdemeanor for which no penalty is specifically provided shall be punishable by
imprisonment in the appropriate city or county jail for a period of up to one year and a
fine of up to $5,000, or by both such fine and imprisonment. The penalty for any such
offense identified or identifiable as an infraction for which no penalty is specifically
provided shall be punishable in accordance with ACC 1.25.050.
D. Nonexclusive Remedy. The penalty provisions hereof are in addition to other
enforcement and remedy provisions of the codes adopted by the chapters of this title.
Section 4. Amendment to City Code. Section 15.07.040 of the Auburn City
Code is amended to read as follows:
15.07.040 Duties and powers of code officialsForms and notices.
Repealed by Ord. 6310.All forms and notices for the administration of the State Building
Code Act shall be furnished by the city.
Section 5. Amendment to City Code. Section 15.07.080 of the Auburn City
Code is amended to read as follows:
15.07.080 Fees.
A. Work Performed without a Permit. An investigation fee, in addition to the permit fee,
may be collected. The investigation fee shall be equal to either the amount assessed in
accordance with the currently adopted city of Auburn fee scheduleof the permit fee
required by this code or the cost of the labor to perform the investigation. The payment
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Ordinance No. 6902
June 5, 2023
Page 8 of 31 Rev. 2021
of such investigation fee shall not exempt any person from compliance with all other
provisions of this code nor from any penalty prescribed by law.
B. Plan Review Fees.
1. When submittal documents are required by ACC 15.07.050, a plan review fee shall
be paid at the time of submitting the submittal documents for plan review. The building
official and/or the fire code official may have the option to charge a deposit in lieu of the
full plan review fee, if the full amount is not known at the time. Any plan review deposit
shall be applied toward the total plan review fee owed. The plan review fee shall be
imposed based on the fee schedule that is in effect at the time the building permit
application is determined to be complete and is payable prior to commencement of city
review. The permit fee shall be imposed based on the fee schedule that is in effect at
the time the building permit application is determined to be complete and is payable
prior to issuance of the permit. The plan review fee shall be a separate fee from the
permit fees specified in this section and are in addition to the permit fees. When
submittal documents are incomplete or changed so as to require additional plan review
or when the project involves deferred submittal items as defined in IBC Section
107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee
code established by the jurisdiction.
2. Stock Plan Program. When plans are submitted under the “stock plan program,” a
plan review fee, that is established in the adopted fee schedule, shall be paid at the time
the permit application is determined to be complete and is payable prior to
commencement of city review. Valuations used to compute the permit fees shall include
all options submitted with a registered plan. When a registered plan consists of a
number of plan options that can produce any number of similar but different buildings,
the building official may charge plan review fees based on each different building
configuration. The plan review fees specified in this subsection are separate fees from
the permit fees specified in the fee schedule, and are in addition to the permit fees.
C. Refunds.
1. Application Fee Before Permit Issuance. The building official may authorize
refunding of not more than the full amount of the application or plan review fee paid,
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Ordinance No. 6902
June 5, 2023
Page 9 of 31 Rev. 2021
less the current rate of the additional resubmittal fee adopted by the city of Auburn fee
schedule in effect at the time of request when an application for a permit for which such
fee has been paid is withdrawn or canceled before any plan reviewing is done. The
building official shall not authorize refunding of any fee paid except on written
application filed by the original permittee no later than 180 days after the date of
application.
2. Permit Fee Before Permit Issuance. The building official may authorize refunding of
not more than the full amount of the permit fee paid, less the current rate of the
additional resubmittal fee adopted by the city of Auburn fee schedule in effect at the
time of request when an application for a permit for which such fee has been paid is
withdrawn or canceled prior to issuance. The building official shall not authorize
refunding of any fee paid except on written application filed by the original permittee no
later than 180 days after the date of payment.
3. Permit Fee After Permit Issuance. The building official may authorize refunding of
any fee paid hereunder, which was erroneously paid or collected. When no work has
been done under a permit issued in accordance with this code, the building official may
authorize refunding of not more than the full amount of the permit fee paid, less the
current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule;
except that no refunds will be processed for permits 180 days from date of issuance
where no work has been done.
Section 6. Amendment to City Code. Section 15.07.090 of the Auburn City
Code is amended to read as follows:
The city will conduct inspections as prescribed in the latest adopted copy of the
International Building Code with the exceptions as noted below:
A. IMC/UPC/IFGC/NEC Rough-In Inspection. Rough-in mechanical, gas piping,
plumbing and electrical shall be inspected when the rough -in work is complete and
under test. No connections to primary utilities shall be made until the rough-in work is
inspected and approved.
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Ordinance No. 6902
June 5, 2023
Page 10 of 31 Rev. 2021
B. Energy Efficiency Inspection – Envelope.
1. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder
sheet or film materials are in place, but before any wall covering is placed.
2. Glazing Inspection. To be made after glazing materials are installed in the building.
3. Exterior Roofing Insulation. To be made after the installation of the roof insulation,
but before concealment.
4. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but
before concealment.
C. Special Inspections. In addition to the inspections specified above, the building
official is authorized to make or require special inspections above the requirements as
stated in Chapter 17 of the 2018 International Building Code for any type of work related
to the technical codes by an approved agency at no cost to the jurisdiction.
Section 7. Amendment to City Code. Section 15.07.100 of the Auburn City
Code is amended to read as follows:
A. Use and Occupancy. No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion of the
building or structure shall be made until the building official has issued a certificate of
occupancy as provided for in this section. Issuance of a certificate of occupancy shall
not be construed as an approval of a violation of the provisions of this code or of other
ordinances of this jurisdiction.
B. Exception. Certificates of occupancy are not required for work exempt from permits
under Section 105.2 of the 2018 International Building Code and International
Residential Code or for R-3 and U occupancies.
C. The building official is authorized under ACC 12.66.080 to evaluate the condition of
public improvements that service and/or are adjacent to the lot upon which the building
has been constructed. For development projects that require public improvements and
the improvements remain incomplete or when the building activity has damaged
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Ordinance No. 6902
June 5, 2023
Page 11 of 31 Rev. 2021
adjacent public sidewalks, landscaping, streets or utilities the building official is
authorized to withhold certificate of occupancy until the facilities are corrected and
completed. The building official with the city engineer’s approval may accept a bond or
other financial security to guarantee repair or completion of required public
improvements under special circumstances as determined by the city.
D. Section 111 of Chapter 1 of the 2018 International Building Code and International
Residential Code is hereby amended consistent therewith.
Section 8. Amendment to City Code. Section 15.07.140 of the Auburn City
Code is amended to read as follows:
15.07.140 Violations.Enforcement.
Repealed by Ord. 6310.A. Administration and enforcement. The Washington State
Building Code Act provides for the administration and enforcement of this title by the city
within its corporate limits.
B. Enforcement Agency. The department of community development is designated as
the agency responsible for enforcement of building codes, and the official in charge
thereof shall be known as the building official, and Section 103 of Chapter 1 of the
International Building Code is amended consistent therewith.
C. The building official is authorized to promulgate such rules, policies and/or
procedures as deemed necessary to carry out the intent of this title and provide for the
efficient operation of the permit process as it may be administered by the building
official and staff. In so doing, the building official may, from time to time, and
notwithstanding other provisions of this title:
1. Record with the county recorder’s office notices of building permit and/or land
use compliance related activity regarding a specific site, which, after reasonable
efforts in working with a property owner, is not brought into conformance with the
provisions of this title, or notices and orders as called for under the dangerous
buildings code; and/or
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Page 12 of 31 Rev. 2021
2. Call upon the Auburn police chief to assist in the enforcement of this title. The
chief or designee is authorized to issue criminal citations for violations of this title
when criminal sanctions are appropriate under the Auburn City Code.
D. Venue. Unless specifically directed or assigned otherwise, violations of or failures to
comply with any of the codes referenced by this chapter shall be prosecutable in the
court of limited jurisdiction authorized to hear cases of the city.
E. Penalties.
1. It is a violation of city code for any person or entity to fail to comply with any
provision of the technical codes adopted by reference in this chapter. Unless a
different city penalty is specifically provided, for a violation of or failure to comply
with any of the codes adopted by the chapters of this title, violations of and
failures to comply with the requirements of the codes adopted by this chapter
shall constitute offenses of the same description, class and category of offense
as are indicated in the adopted technical code. If a technical code does not
specify an offense, or subjects a violator of the code to “penalties prescribed by
law,” a violation of any provision of a technical code shall constitute either (a) a
misdemeanor, or (b) a civil infraction and/or civil penalty punishable in
accordance with Chapter 1.25 ACC.
2. The penalty for any such offense identified or identifiable as a misdemeanor
for which no penalty is specifically provided shall be punishable by imprisonment
in the appropriate city or county jail for a period of up to 90 days and a fine of up
to $1,000, or by both such fine and imprisonment. The penalty for any such
offense identified or identifiable as a gross misdemeanor for which no penalty is
specifically provided shall be punishable by imprisonment in the appropriate city
or county jail for a period of up to one year and a fine of up to $5,000, or by both
such fine and imprisonment. The penalty for any such offense identified or
identifiable as an infraction or civil penalty for which no penalty is specifically
provided shall be punishable in accordance with Chapter ACC 1.25.050.
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Ordinance No. 6902
June 5, 2023
Page 13 of 31 Rev. 2021
3. In determining the appropriate penalty, the building official shall consider the
seriousness of the offense, whether it poses a risk to public safety, the violator’s
effort to achieve compliance, and the opportunities for alternative enforcement.
F. Nonexclusive Remedy. The penalty provisions hereof are in addition to other
enforcement and remedy provisions of the codes adopted by the chapters of this title.
Section 9. Amendment to City Code. Section 15.08A.011 of the Auburn City
Code is amended to read as follows:
15.08A.011 Adoption of International Building Code.
The 2018 International Building Code, as adopted in Chapter 15.07 ACC and hereafter
amended by the State Building Code Council, and included in Chapter 51-50 WAC, is
adopted as the building code of the city; provided, that the amendments, deletions and
additions thereto as provided in this chapter shall govern over the published provisions
of the International Building Code.
Section 10. New Section to City Code. A new section, 15.08A.025, “Section
105.2 amended – Work exempt from permit” is added to Chapter 15.08A to read as
follows:
International Building Code Section 105.2 is amended to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided that the floor area is not greater than
200 square feet.
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2. Fences not over 7 feet high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet in height measured from the bottom of
the footing to the top of the wall, unless supporting a surcharge or impounding
Class I, II or IIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than
5,000 gallons and the ratio of height to diameter or width is not greater than
2:1.
6. Sidewalks and driveways not more than 30 inches above adjacent grade, and
not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are
less than 24 inches deep, are not greater than 5,000 gallons and are installed
entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
11. Swings, slides and other exterior playground equipment.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1,372 mm) from the exterior
wall, do not require additional support and do not project beyond a property
boundary.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over
5 feet 9 inches in height.
14. Work located primarily within public right-of-way.
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15. Like-for-like (same size) window replacement for structures where no
alteration of structural members is required and window U-value meets
requirements of the energy code.
16. Single-story construction job shacks that are placed at a permitted job site
during construction. Job shacks shall be removed upon final approval of
construction, or may be required to be removed if associated permit expires
or is suspended or cancelled. A job shack is a portable structure for which the
primary purpose is to house equipment and supplies, and which may serve as
a temporary office during construction in support of the associated
construction activity.
17. Flag and light poles on private property that do not exceed 20 feet in height.
18. Like-for-like removal and replacement of residential and commercial roofing
materials where no additional load is applied and no alteration of structural
members is required.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping with any heating or cooling equipment
regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
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7. Self-contained refrigeration system containing 10 pounds or less of refrigerant
and actuated by motors of 1 horsepower or less.
Plumbing:
1. The clearing of stoppages or stopping and repairing of leaks in drains, water,
soil, waste or vent pipe, provided, however, that if any concealed trap, drain
pipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work
shall be considered as new work and a permit shall be obtained and
inspection made as provided in this chapter and the technical codes.
2. Reinstallation or replacement of fixtures and/or valves that have accessible
connections to rough-in plumbing, except a permit is required for the
replacement of a water heater and reinstallation or replacement of any fixture
or valve within a commercial kitchen.
Section 11. Amendment to City Code. Section 15.08A.041 of the Auburn City
Code is amended to read as follows:
Section 516 added – Recyclable materials and solid waste storage.
A new Section 516 and Table No. 5-F are added to Chapter 5 of the International
Building Code to read as follows:
A. Recyclable Materials and Solid Waste Storage.
1. For the purpose of this section, the following definition shall apply: Recycled
Materials means those solid wastes that are separated for recycling or reuse,
such as papers, metals and glass.
2. Except for Group R-3 and Group U Occupancies, Aall new buildings shall provide
space in accordance with Table No. 5-F for the storage of recycled materials and
solid waste; EXCEPTION: Group R, Division 3 and Group U Occupancies. For
occupancy types that, in the discretion of the building official, are dissimilar to the
ones listed in Table No. 5-F, the building official may approve an alternative area
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requirement if requested. The request shall be submitted for review as an
alternative design in accordance with Chapter 1, Section 104.11 of the International
Building Code and shall include supporting justification for the alternative floor area
amounts.
3. The storage area shall be designed to meet the needs of the occupancy,
efficiency of pick-up, and shall be available to occupants and haulers.
4. Storage and Handling of Recyclables and Solid Waste shall comply with the
2018 Edition of the International Fire Code, Chapter 3, Section 304.
TABLE NO. 5-F – RECYCLABLE MATERIALS AND SOLID WASTE STORAGE
AREA REQUIREMENT
OCCUPANCY AREA
REQUIREMENTS
OFFICE 2 SF Per 1,000 SF of
Gross Floor Area
RETAIL 5 SF Per 1,000 SF of
Gross Floor Area
WHOLESALE 3 SF per 1,000 SF of
Gross Floor Area
WAREHOUSE 3 SF per 1,000 SF of
Gross Floor Area
INDUSTRIAL 3 SF Per 1,000 SF of
Gross Floor Area
EDUCATIONAL 2 SF per 1,000 SF of
Gross Floor Area
INSTITUTIONAL 2 SF Per 1,000 SF of
Gross Floor Area
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OCCUPANCY AREA
REQUIREMENTS
RESIDENTIAL Min. 12 SF Plus 1.5
SF Per Unit; One
Collection Area Per
30 Units located
within 200 feet
Section 12. New Section to City Code. A new section, 15.08A.065, “Section
3202 amended – Encroachments,” is added to Chapter 15.08A to read as follows:
International Building Code Section 3202 is amended to read as follows:
3202.1 Encroachments below grade. Encroachments below grade shall comply
with Section 3202.1.1 through 3202.1.3.
3202.1.1 Structural Support. Any permanent part of a building erected
below grade that is necessary for structural support of the building or
structure shall not project beyond the lot lines.
3202.1.2 Vaults and other enclosed spaces. The construction and
utilization of vaults and other enclosed spaces below grade shall be
subject to the terms and conditions of the applicable governing authority.
3202.1.3 Areaways. Areaways shall be protected by grates, guards or
other approved means.
3202.2 Encroachments above grade and below 10 feet in height. Encroachments
into the public right-of-way above grade and below 10 feet in height shall be
prohibited. Doors and windows shall not open or project into the public right-of-
way.
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3202.3 Encroachments 10 feet or more above grade. Encroachments 10 feet or
more above grade shall comply with Sections 3202.3.1 through 3202.3.4. The
encroachements listed below shall not be considered permanent structures and
shall be authorized pursuant to a right-of-way use permit issued in accordance
with ACC 12.60.
3202.3.1 Awnings, canopies, marquees and signs. Awnings, canopies,
marquees and signs shall be constructed so as to support applicable
loads as specified in Chapter 16. Awnings, canopies, marquees and signs
with less than 15 feet of clearance above the sidewalk shall not extend
into or occupy more than two-thirds the width of the sidewalk measured
from the building. Stanchions or columns that support awnings, canopies,
marquees and signs shall be subject to city of Auburn Engineering Design
Standard requirements.
3202.3.2 Windows, balconies, architectural features and mechanical
equipment. Where the vertical clearance above grade to projecting
windows, balconies, architectural features or mechanical equipment is
more than 10 feet, 1 inch of encroachment is permitted for each additional
1 inch of clearance above 10 feet, but the maximum encroachment shall
be 4 feet.
3202.3.3 Encroachments 15 feet or more above grade. Encroachments 15
feet or more above grade shall not be limited. Such encroachments shall
not be considered permanent structures and shall be authorized pursuant
to a right-of-way use permit issued in accordance with ACC 12.60.
3202.3.4 Pedestrian walkways. The installation of a pedestrian walkway
over a public right-of-way shall be subject to the approval of the city
engineer. The vertical clearance from the public right-of-way to the lowest
part of a pedestrian walkway shall be not less than 15 feet and the height
determined by the city engineer to be needed to accommodate current
and anticipated future use of the public right-of-way (including construction
and re-construction of utilities).
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3202.4 Temporary encroachments. This section not adopted.
Section 13. Amendment to City Code. Section 15.20.010 of the Auburn City
Code is amended to read as follows:
The International Property Maintenance Code adopted in Chapter 15.06 07 ACC shall
be on file in the office of the city clerk. The code as amended in this chapter shall
govern over the published provisions of that code. Where the International Property
Maintenance Code references the code official, that shall refer to and be construed to
mean the building official as used in the city code. Unless the context clearly indicates
otherwise, the terms “code official” and “building official” shall be synonymous.
Section 14. Amendment to City Code. Section 15.20.030 of the Auburn City
Code is amended to read as follows:
Sections 103.1 and 103.5 of the International Property Maintenance Code are amended
to read as follows:
103.1 Department of property maintenance inspection. The department of
community development and public works is responsible for implementation and
enforcement of the International Property Maintenance Code.
103.5 Fees. The fees for activities and services performed by the city in carrying
out its responsibilities under this code, including hearings conducted by the
hearing examiner, shall be as indicated in the city of Auburn fee schedule.
Section 15. Amendment to City Code. Section 15.20.050 of the Auburn City
Code is amended to read as follows:
International Property Maintenance Code Section 110.1 is amended to read as follows:
Section 110.1 General. The code official shall order the owner or owner’s
authorized agent of any premises upon which is located any structure, which in
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the code official’s or owner’s authorized agent judgment after review is so
deteriorated or dilapidated or has become so out of repair as to be dangerous,
unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such
that it is unreasonable to repair the structure, to demolish and remove such
structure; or if such structure is capable of being made safe by repairs, to repair
and make safe and sanitary, or to board up and hold for future repair or to
demolish and remove at the owner’s option; or where there has been a cessation
of normal construction of any structure for a period of more than two (2) years,
the code official shall order the owner or owner’s authorized agent to demolish
and remove such structure, or board up until future repair. Unless the code
official determines that other measures are appropriate based on the
circumstances, boarding the building up for future repair shall comply with
appendix A and the structure shall not remain boarded beyond thirty (30) days,
except where a non-opaque material is used that provides the same level of
security as provided by the requirements of Appendix A, the boarding may
remain in place for no more than one year. Timeframe extensions may be
approved by the code official.
Section 16. Amendment to City Code. Section 15.32.010 of the Auburn City
Code is amended to read as follows:
In addition to the provisions of the 2015 International Building Code, Appendix H,
“Signs,” there is adopted by reference and incorporated in this chapter by this reference
Chapter 18.56 ACC entitled Signs.
Section 17. Amendment to City Code. Section 15.32.050 of the Auburn City
Code is amended to read as follows:
The appeal and appeal procedures contained in Chapter 15.0815.07 ACC and any
future amendments thereto are adopted by reference and incorporated in this chapter.
Section 18. Amendment to City Code. Section 15.36A.011 of the Auburn
City Code is amended to read as follows:
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The 2018 Edition of the International Fire Code as adopted in Chapter 15.07 ACC, as
published by the International Code Council, and as adopted and amended by the State
Building Code Council in Chapter 51-54A WAC, including Appendix D, “Fire Apparatus
Access Roads,” Appendix E, “Hazard Categories,” Appendix H, “Hazardous Materials
Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS)
Instructions,” and Appendix L, “Requirements for Fire Fighter Air Replenishment,” is
adopted by reference pursuant to Chapter 15.07 ACC with the amendments, additions,
and deletions provided in this chapter. This chapter shall be controlling within the
jurisdiction of the city. The manufacture, storage, handling, sale, and use of fireworks
shall be governed by Chapter 70.77 RCW and by Chapter 212-17 WAC and Chapter
8.24 ACC, Fireworks, consistent with Chapter 212-17 WAC.
Section 19. Amendment to City Code. Section 15.36A.091 of the Auburn
City Code is amended to read as follows:
A. International Fire Code Chapter 9 is amended to read as follows:
907.1.3 Equipment. Equipment systems and their components shall be listed and
approved for the purposes for which they were installed. All new systems shall be
addressable. Each device shall have its own address and annunciate individual
device addresses at a UL Central Station.
907.1.4 Approved Fire Alarm and Detection Systems. In addition to any requirement
of 907.2 or 907.3, all new buildings exceeding 5,000 square feet gross floor area
shall be required to provide an approved automatic fire detection and alarm system.
For existing buildings, additions increasing the total area to greater than 5,000
square feet or alterations or repairs exceeding 5,000 square feet shall be required
to provide an approved automatic fire detection and alarm system for the entire
associated fire area as required for new construction . Fire walls shall not be
considered to separate a building to enable deletion of the required fire detection
system.
EXCEPTIONS:
1. Group “U” Occupancies.
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2. One and Two Family residences.
907.5.2.3.1 Employee Work Areas. Visible alarm notification appliances shall be
provided in employee work areas.
B. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall
not be considered to separate a building so as to avoid the required automatic fire alarm
and detection system. A building shall have a minimum distance of five feet from any
point of the building to any point of another building and from the propert y line in order
to be considered a separate building.
Section 20. Amendment to City Code. Section 15.74.020 of the Auburn City
Code is amended to read as follows:
This chapter shall regulate all land disturbing activities and the removal of trees, shrubs ,
and/or ground cover. All land disturbing activities are subject to the provisions of
Chapter 13.48 ACC and the city of Auburn Engineering Design Standards. Land
disturbing activities proposed within critical areas and/or land subject to shoreline
management jurisdiction shall be subject to Chapters 16.10 and 16.08 ACC,
respectively, and the procedural requirements of this chapter.
Section 21. Amendment to City Code. Section 15.74.030 of the Auburn City
Code is amended to read as follows:
For the purpose of this chapter, the following words shall have the following meanings:
A. “Accelerated erosion” means erosion much more rapid than normal or geologic
erosion, primarily as a result of the influence of the activities of humans or, in some
cases, of the animals or natural catastrophes that expose bare surfaces (e.g., fires).
B. “Clearing” means the destruction and removal of vegetation by manual, mechanical,
or chemical methods.
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C. “Filling” means the act of transporting or placing (by any manner or mechanism) fill
material from, to, or on any soil surface, natural vegetative co vering of soil surface, or fill
material (including temporary stockpiling of fill material).
D. “Grading” means any excavating, filling, clearing, or re -contouring of the ground
surface or combination thereof.
E. “Ground cover” means small plants such as salal, ferns, mosses, grasses or other
types of vegetation which normally cover the ground, including trees less than six
inches in diameter measured at 24 inches above ground level, which renders the
surface of the soil stable against accelerated erosion .
F. “Impervious surface” means a hard surface area that either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development. A
hard surface area which causes water to run off in greater quantities or at an increased
rate of flow from the flow under natural conditions prior to development. Common
impervious surfaces include, but are not limited to, rooftops, walkways, patios,
driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, pa cked
earthen materials, and oiled macadam or other surfaces which similarly impede the
natural infiltration of storm water. Open, uncovered retention/detention facilities shall not
be considered as impervious surfaces for the purpose of determining whether the
thresholds for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of
runoff modeling.
G. “Land disturbing activity” means any activity that results in movement of earth, or a
change in the existing soil cover (both vegetative and nonvegetative) and/or the existing
soil topography. Land disturbing activities include, but are not limited to, clearing,
grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered land disturbing activity.
Vegetation maintenance practices are not considered land disturbing activity.
H. “Permanent structure” means any buildings which are immovab le including homes,
garages, barns, storage buildings, or a driveway not wider than 20 feet which is the
exclusive route of ingress and egress to an immovable garage or carport.
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I. “Pre-loading” means the placement of material with the intent to surcharge and
compress subsurface soils for a limited amount of time.
J. “Permit” means official document issued by the city that authorizes a specified scope
of work. Document may be in the form of discrete permit approval documents or as
plans approved in conjunction with associated public Facility extension (FAC) or capital
project.
JK. “Sedimentation” means the process by which solid particulate matter is transported
by water off the site of the land disturbing activity and settles onto land or the bed of a
creek, stream, river, wetland, pond, lake, or other water body.
KL. “Stockpiling” means the placement of material with the intent to remove at a later
time.
LM. “Tree” means any self-supporting perennial woody plant characterized by natural
growth of one main stem or trunk with a definite crown, and maturing at a height of at
least six feet above the ground.
MN. “Shrubs” means any living terrestrial plant or vegetation other than a tree or
ground cover on land.
NO. “Significant tree” means a healthy evergreen tree, six inches or more in diameter
measured four feet above grade, or a healthy deciduous tree four inches or more in
diameter measured four feet above grade.
OP. “Underdeveloped property” means any parcel which under the city’s zoning code
may be further subdivided to allow further development, or is not already developed to
the fullest zoning potential.
PQ. “Undeveloped property” means any parcel which has not been altered from its
natural state by grading or filling or by construction of private structures or public
infrastructure that allows further development.
Section 22. Amendment to City Code. Section 15.74.040 of the Auburn City
Code is amended to read as follows:
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A. Application. Any owner or authorized agent who intends to clear, fill, or grade any
property within the city, except those specifically exempted in ACC 15.74.050, shall first
make an application to the city and obtain the required permit for the work. Applications
shall be prepared by a licensed professional civil engineer and shall conform to the
city’s design standards per Chapter 12.04 ACC. The city engineer shall have the
authority to accept an application not prepared by a licensed professional engineer if the
city engineer determines the scope of the project is such that a detailed set of plans is
not required. An application for a clearing, filling, and grading permit shall be applied for
and, where possible, processed concurrently with any other necessary permits or
approvals. In addition, the city engineer may require off-site improvements prior to
issuing any grading, filling or clearing permits when such improvements are required to
mitigate the impacts of the proposed improvements.
B. Approval. The city engineer, or designee, shall have the authority to approve,
modify, approve with conditions, or deny the permit in accordance with the intended
purposes of ACC 15.74.010. The city engineer shall also have the authority to
determine the time frame when the land disturbing activity shall commence, when the
project is to be completed, designated haul routes, seasonal and weather restrictions,
and hours of operation.
C. Performance Guarantee. When the city engineer determines that steps must be
taken to protect other property or the public right-of-way, then the applicant shall provide
the city an assignment of funds or an irrevocable letter of credit or other similar security
satisfactory to the city engineer, to ensure land disturbing activities are constructed and
maintained in conformance with the approved construction drawings, standards, and
any environmental requirements and that the impacts of the activities, including hauling
impacts, are mitigated. The amount and duration of the financial guarantee will be
determined by the city engineer, when required, and it shall be no less than $2,000 per
acre. The financial guarantee shall be accompanied by an agreement granting the city
and its agents the right to enter the property and perform work to mitigate and/or control
impacts from such land disturbing activities utilizing the above-described satisfactory
security. The agreement shall also hold the city harmless from all claims and expenses,
including attorneys’ fees.
D. Fees. Fees shall be assessed in accordance with the city’s fee schedule.
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E. Term. Work on grading, filling, or land clearing permits must begin within 180 days
from the date of issuance of the permit. If work has not begun prior to this date, the
permit shall expire and a new permit will be required prior to commencing any grading,
filling, or clearing activities, and will be subject to city standards in effect at the time of
the new permit. A six-month period of inactivity on the grading, filling or clearing work
shall constitute expiration of the permit and a new permit will be required prior to
recommencing grading, filling or clearing activities and will be subject to city standards
in effect at the time of the new permit unless the applicant can demonstrate justification
for the delay to the satisfaction of the city engineer. Work to maintain winterization
requirements shall not be considered inactivity.
F. Inspection. Construction or work for which a permit is required shall be subject to
inspection by the city engineer, or designee, and such construction or work shall remain
accessible for inspection purposes until approved by the city engineer or designee.
G. Revocation of Permits. Failure of the property owner and/or permittee to comply
with any or all of the provisions of this chapter or any or all provisions of a land clearing,
filling, or grading permit may cause the city engineer to revoke the permit. If the permit
is revoked, all operations shall cease until such time that the noncompliance is
corrected.
H. Where applicable, the property owner is responsible for obtaining the appropriate
permits from the city when the public right-of-way is used to clear, stockpile, or load
products and/or debris resulting from any land disturbing activity.
I. Penalties. Any violation of the requirements of this chapter or the conditions of a land
clearing, filling, and grading permit shall be enforced pursuant to the provisions of
Chapter 1.25 ACC; provided, that the penalty for such violation shall be $500.00, and
each day, location and/or incident shall constitute a separate civil infraction.
Additionally, each violator (each individual participating in a violation) shall constitute
separate violations; provided, that if a violation involves more than 30,000 cubic yards of
grading or fill work or more than 15 acres of land clearing, it shall constitute a
misdemeanor punishable by up to a $1,000 fine or up to 90 days in jail or both.
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Any person who clears or disturbs property without first securing a permit pursuant to
this chapter shall be subject to the penalties of this section and may be required to
restore the site to the satisfaction of the city engineer. In addition all activity on the
property shall cease until such time that a permit has been issued and there shall be no
issuance of any other permit or approval until such time that a land clearing or filling and
grading permit has been approved.
J. Appeals. Any person aggrieved by the decision of the city engineer may, within 10
business days of the city engineer’s written decision, appeal the decision to the hearing
examiner who shall conduct a public hearing pursuant to ACC 18.70.040.
Section 23. Amendment to City Code. Section 15.74.050 of the Auburn City
Code is amended to read as follows:
A. The following are exempt from the requirements of this chapter:
1. Removal of dead or diseased trees, shrubs, or ground cover.
2. Clearing and grading associated with continuous agricultural uses, excluding
timber cutting not otherwise exempted.
3. Clearing and grading not to exceed 6,999 square feet of area within individual
lots, for the purpose of the construction of a single-family home or duplex, provided
a building permit has been issued by the city prior to commencing the clearing and
grading activities and construction of the structure starts within 90 days of
commencing clearing and grading activities.
4. The removal of up to six trees per lot within any 12 -month period, or for lots
greater than one acre, up to six trees per acre within any 12-month period, with
fractional acres of one-half acre or more considered to be a whole acre.
5. Clearing and grading for the construction and maintenance of public facilities as
approved by the city engineer to include water, sanitary sewer, streets, highways,
storm drainage and related facilities.
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6. Clearing and grading of areas temporarily used for activities associated with the
construction of water, sanitary sewer, streets, highways, storm drainage and related
facilities. Such areas shall be restored to the original condition or as approved by
the city engineer upon construction completion. This exemption does not apply to
critical areas, critical area buffers, vegetated areas that would be difficult to restore
to the original condition, or areas that disturb over 1-acre. Temporary use is limited
to no more than 180-days unless otherwise authorized through a city issued
temporary use permit or an extension granted by the city engineer.
67. Removal of trees, shrubs, and ground cover in emergency situations involving
immediate danger to life or property.
78. Routine landscape maintenance and minor repair.
89. Removal of trees and vegetation consistent with an approved surface mining
permit.
910. Removal of a tree from property zoned residential that endangers a
permanent structure by being closer to the structure than the distance from the base
of the tree to its top, regardless of whether the tree is located on the same property
as the structure.
110. Upon approval of the city engineer or designee, clearing and grading not to
exceed 500 cubic yards consisting of excavations of less than five feet in vertical
depth and/or fills less than eight inches of vertical depth.
121. Upon approval of the city engineer or designee, the temporary stockpiling of
less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch,
bark, chips, or similar materials on a lot, tract, or parcel of land for a period not to
exceed 12 months; provided, that the stockpile has adequate coverage to prevent
erosion.
132. Upon approval of the city engineer or designee, the temporary stockpiling of
organic or inorganic materials used in an approved construction project, provided
the use, location, duration, and extent of the stockpile were disclosed through the
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environmental or development review process. In no case shall a temporary
stockpile remain beyond a 24-month period.
143. New plus replaced hard surfaces which have a surface area less than 2,000
square feet.
154. Emergency temporary sandbagging, diking, ditching, filling or similar work
during or after periods of extreme weather conditions when done to protect life or
property, provided such measures do not adversely impact adjacent properties or
public facilities.
B. An exemption from clearing, filling, and grading permit requirements does not
exempt a property owner from the policies, criteria, and standards contained in this
chapter or other applicable local, state, or federal regulations or permit requirements .
C. The property owner is responsible to ensure that clearing of any trees that are
within striking distance of a structure or have the potential to cause damage to others is
performed by a licensed and bonded contractor.
Section 24. Repealing City Code. Chapters 15.04, 15.06, and 15.48 of the
Auburn City Code are repealed.
Section 25. Constitutionality and Invalidity. If any section, subsection
sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
Section 26. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
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Section 27. 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, on the
effective date of October 29, 2023, or in the event of delay of implementation, the effective
date as determined by the Washington State Building Code Council, whichever date is
latest.
INTRODUCED: _________________________
PASSED: _____________________________
APPROVED: ___________________________
CITY OF AUBURN
ATTEST:
_____
NANCY BACKUS, Mayor
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Published: _________________________
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6905 (Gaub)
Date:
April 18, 2023
Department:
Public Works
Attachments:
Ordinance No. 6905
Exhibit A Legal Description
Exhibit B Survey Depiction
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6905.
Background for Motion:
Ordinance No. 6905 vacates unopened right-of-way located within a portion of 116th Avenue
SE that lies north of SE 304th Street, subject to conditions outlined in the Ordinance.
Background Summary:
Chad Guptil has applied to the City for vacation of unopened right-of-way located within a
portion of 116th Avenue SE that lies north of SE 304th Street. The applicant owns the
adjacent parcel #7867000009 to the east and has applied for the vacation to resolve building
encroachment and maintenance issues that were created when the house was built in 1960
prior to his family’s ownership of the parcel. A portion of the west side of the house is
currently located within the unopened right-of-way of 116th Avenue SE.
The proposed vacation area became right-of-way in 1906 when it was dedicated as a
roadway with the Plat of The Sound Trustee’s Third Addition. The area was annexed into the
Auburn City Limits on January 1, 2008.
The application has been reviewed by City staff and utility purveyors who have an interest in
this right-of-way. Through this review City staff has determined that the right-of-way is not
necessary to meet the needs of the City and could be vacated with conditions.
Ordinance No. 6905, if adopted by City Council approves Right-of-Way Vacation No. VAC22-
0003 and vacates the right-of-way subject to conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:June 5, 2023 Item Number:ORD.B
Page 71 of 188
Page 72 of 188
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Ordinance No. 6905
April 11, 2023
Page 1 of 4 Rev. 2018
ORDINANCE NO. 6905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, VACATING UNOPENED CITY
RIGHT-OF-WAY LOCATED WITHIN A PORTION OF 116TH
AVENUE SE THAT LIES NORTH OF SE 304TH STREET,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City received a petition signed by at least two -thirds (2/3) of the
owners of property abutting unopened right -of-way located within a portion of 116th
Avenue SE that lies north of SE 304th Street. The petition requested the City to vacate
its interest in this right-of-way; and,
WHEREAS, as required by RCW 35.79.010 and Chapter 12.48 of the Auburn City
Code, the City held a timely noticed public hearing in connection with the possible
vacation. The hearing took place at the Auburn City Council Chambers on June 5, 2023 ;
and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, and has determined that subject to the conditions set
forth in Section 1 of this Ordinance, vacation of this right-of-way is appropriate and in the
City’s best interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation of City right-of-way. The unopened right-of-way
located within a portion of 116th Avenue SE that lies north of SE 304th Street, located
within the City of Auburn, Washington (legally described in attached Exhibit “A”, and
shown on the survey depiction marked as attached Exhibit “B”) is vacated. The property
Page 73 of 188
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Ordinance No. 6905
April 11, 2023
Page 2 of 4 Rev. 2018
lying in this described right-of-way shall inure and belong to those persons entitled to
receive the property in accordance with RCW 35.79.040, conditioned upon the following:
A. Reservation of a perpetual Nonexclusive Easement in favor of the City
(Easement) under, over, through and across the vacated right-of-way (described in
Exhibit “A” and depicted in Exhibit “B”) (Easement Area) for the purpose of laying,
maintaining, and/or installing facilities for future and existing sanitary sewer, storm water,
and water utilities, and retaining wall. This Easement shall reserve a City right to grant
further easements for utilities over, under and on all portions of the vacated right -of-way.
1. This Easement shall give the City the absolute right: (a) for immediate
entry upon the Easement Area at times as may be necessary for the purposes of
maintenance, inspection, construction, repair, or reconstruction of the above
facilities or improvements without incurring any legal obligation or liability ; and (b)
to place any type of driving surface within the Easement Area deemed necessary
by the City.
2. The owners of the adjacent properties agree that they shall not in any
way block, restrict or impede access or egress to or from the Easement Area,
and/or in any way block, restrict, or impede the City’s full use of the real property
within the Easement Area for the above described purposes. No building, wall,
rockery, fence, trees, or structure of any kind shall be erected or planted, nor shall
any fill material be placed within the boundaries of the Easement Area, without the
express written consent of the City. Except as required or approved by the City,
no excavation shall be made within three feet of any improvements or facilities
Page 74 of 188
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Ordinance No. 6905
April 11, 2023
Page 3 of 4 Rev. 2018
within the Easement Area. The surface level of the ground within the Easement
Area shall be maintained at its current elevation.
3. This Easement shall be a covenant running with the property parcels
adjacent to the Easement Area. It shall burden that real estate, and it shall be
binding on the successors, heirs and assigns of all parties.
B. Any reserved or granted utility and access easement referenced in
Paragraph A above may be modified to accommodate the removal, relocation, and siting
of affected utility lines and facilities by agreement between the City and the property
owners on whose property the utility lines and facilities are located. Any such removal,
relocation, or siting must be paid for by the property owners, and must be performed in
accordance with applicable laws and standards.
C. The vacated right-of-way (depicted in Exhibit “B”) includes a City owned
catch basin that serves a privately owned ornamental storm pond lying partially within
the vacated right-of-way. The catch basin shall inure to and be owned and maintained
by persons entitled to receive property lying within a vacated right-of-way in accordance
with RCW 35.79.040. The ornamental storm pond shall continue to be privately owned
and maintained, subject to the conditions set forth in this Ordinance.
Section 2. Constitutionality or Invalidity. If any portion of this Ordiannce or
its application to any person or circumstances is held invalid, the remainder of the
Ordiannce or the application of the provisions to other persons or circumstances shall not
be affected.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures as may be necessary to carry out the directives of this location.
Page 75 of 188
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Ordinance No. 6905
April 11, 2023
Page 4 of 4 Rev. 2018
Section 4. Effective date. This Ordinance will take effect and be in force
five (5) days from and after its passage, approval, and publication as provided by law.
Section 5. Recording. The City Clerk is directed to record this Ordinance with
the King County Recorder, at which time the vacation outlined in this Ordinance shall be
effective under Auburn City Code 12.48.080.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED: _______________
Page 76 of 188
Page 77 of 188
Page 78 of 188
1 of 4
April 11, 2023
VAC22-0003 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number VAC22-0003
Applicant: Chad Guptil
Property Location: Unopened right-of-way located within a portion of 116th
Avenue SE, north of SE 304th Street.
Description of right-of-way:
The ROW proposed for vacation consists of unopened right-of-way located within a
portion of 116th Avenue SE that lies north of SE 304th Street. The proposed ROW is
adjacent to Parcel No. 7867000009 on the east side, Parcel No. 1402970280 and
1402900760 on the west side, and bordered by City right-of-way to the north and south.
The total proposed area of ROW for vacation is approximately 5,922± square feet.
The proposed ROW vacation area originally became ROW in 1906 when it was
dedicated as a roadway with the Plat of The Sound Trustee’s Third Addition recorded in
Volume 10 of Plats, Page 100, Records of King County, Washington on October 18,
1906. The area was annexed into Auburn city limits on January 1, 2008.
See Exhibit “A” for legal description and Exhibit “B” for survey depiction.
Proposal:
The Applicant is proposing that the ROW be vacated so that the applicant can
incorporate the area into their property and resolve encroachment and maintenance
issues that were created when the house was built in 1960. A portion of the west side
of the house is currently located within the unopened right-of-way of 116th Avenue SE.
Applicable Policies & Regulations:
RCW’s applicable to this situation - meets requirements of RCW 35.79.
MUTCD standards - not affected by this proposal.
City Code or Ordinances - meets requirements of ACC 12.48.
Comprehensive Plan Policy - not affected.
City Zoning Code - not affected.
Page 79 of 188
2 of 4
April 11, 2023
VAC22-0003 Staff Report
Public Benefit:
Vacated Right-of-Way areas typically have a financial benefit to the general
public because the vacated areas are subject to property taxes
The street vacation decreases the Right-of-Way maintenance obligation of the
City.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast,
CenturyLink, Zayo, and City staff.
1. Puget Sound Energy (PSE) – PSE does not have electrical or gas facilities
located within the proposed vacation area and does not require an easement.
2. Comcast – Comcast has no facilities located in the proposed vacation area and
does not require an easement.
3. CenturyLink – CenturyLink has no objections to the proposed vacation and does
not require an easement.
4. Zayo – Zayo has no facilities in the proposed vacation area and does not require
and easement.
5. Engineering – All City facilities located in the proposed vacation area will require
easements to ensure that they are accessible to the City. The City will require
access through the existing gate for maintenance and inspection of the existing
sewer facilities and retaining wall located within the proposed vacation area.
6. Transportation – Transportation Planning has no concerns with proposed
vacation. Currently, there are no projects for a future road extension in the area
of the proposed vacation in the comprehensive transportation plan.
7. Planning – While planning division has no specific objection and the applicant is
seeking to correct a situation that appears to have been in existing from 1960
(KC website assessor's records date of structure), the ROW appears to be
continuous ROW that could have been originally intended to serve future
development to the north. However, there appears to be some undetermined
amount of inventoried wetlands within the ROW off -site to the north that
complicates improving this ROW and future development would likely require
roadway connections to 118th Ave SE instead.
8. Water – An easement will need to be retained across the proposed vacation area
for future water facilities. No facilities are proposed at this time, but future
development of properties to the north could necessitate water facilities in the
proposed vacation area.
9. Sewer – An easement is required to be retained across the proposed vacation
area for existing sewer facilities.
10. Storm – An easement is required for the existing storm pipe located in the
proposed vacation area. Applicant shall be required to take ownership of the
catch basin located in the proposed vacation area that serves the privately
Page 80 of 188
3 of 4
April 11, 2023
VAC22-0003 Staff Report
owned ornamental storm pond lying partially within the right-of-way. The
ornamental storm pond shall continue to be privately owned and maintained .
11. Fire – Review completed and the Fire Marshal had no comments.
12. Solid Waste – No comments.
13. Police – No comments.
14. M&O – City crews will require access for regular maintenance and inspection of
the existing sewer facilities located in the proposed vacation area.
15. Construction Inspection –No comments.
16. Innovation and Technology – No comments
Assessed Value:
ACC 12.48 states: “The city council may require as a condition of the ordinance that the
city be compensated for the vacated right-of-way in an amount which does not exceed
one-half the value of the right-of-way so vacated, except in the event the subject
property or portions thereof were acquired at public expense or have been part of a
dedicated public right-of-way for 25 years or more, compensation may be required in an
amount equal to the full value of the right-of-way being vacated. The city engineer shall
estimate the value of the right-of-way to be vacated based on the assessed values of
comparable properties in the vicinity. If the value of the right-of-way is determined by
the city engineer to be greater than $2,000, the applicant will be required to provide the
city with an appraisal by an MAI appraiser approved by the city engineer, at the
expense of the applicant. The city reserves the right to have a second appraisal
performed at the city’s expense.”
RCW 35.79.030 states the vacation “shall not become effective until the owners of
property abutting upon the street or alley, or part thereof so vacated, shall compensate
such city or town in an amount which does not exceed one -half the appraised value of
the area so vacated. If the street or alley has been part of a dedicated public right-of-
way for twenty-five years or more, or if the subject property or portions thereof were
acquired at public expense, the city or town may require the owners of the property
abutting the street or alley to compensate the city o r town in an amount that does not
exceed the full appraised value of the area vacated.”
An appraisal by an MAI appraiser of the subject right-of-way was required to be
submitted by the applicant. The appraisal was reviewed and found to be acceptable .
The appraisal values the right-of-way using “as-is” market value based on the fee
simple interest in the subject property at $5,400.00. The right-of-way has been right-of-
way for more than 25 years and was provided through dedication of the to the Plat of
The Sound Trustee’s Third Addition in 1906 and annexation into the City of Auburn in
2008.
Page 81 of 188
4 of 4
April 11, 2023
VAC22-0003 Staff Report
Recommendation:
Staff recommends that the street vacation be granted subject to the following
conditions:
1. An easement shall be reserved for existing and future City Sewer, Stormwater,
Water, and retaining wall facilities.
2. Staff recommends that the existing catch basin located in the vacated right-of-
way area that serves the privately owned ornamental storm pond be owned and
maintained by those persons entitled to receive the property lying within the
vacated right-of-way in accordance with RCW 35.79.040.
3. Staff recommends that compensation for the value of the right-of-way not be
required as it was initially dedicated as right-of-way through recording of a plat at
no cost to the City.
Page 82 of 188
1:500
11610 SE 302nd St - Parcel No. 7867000009
83.341.6783.3 0 Feet
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
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
Imagery Date: May 2015
7/28/2022Printed Date:
1 in =41.67 ft
Applicant Property
11610 SE 302nd St
Parcel No. 7867000009
30 ft.
30 ft unopened right-of-way of 116th Ave SE.
Approximate proposed boundaries of the area
proposed for vacation.
Parcel No. 7867000013Parcel No. 1402900760
Parcel No. 1402970280
Parcel No. 7867000008
City sewer line located in the unopened
right-of-way of 116th Ave SE.
ROW Vacation Map - 116th Ave SE
Catch Basin located in the unopened
right-of-way of 116th Ave SE.
Privately owned and maintained
Ornamental Storm Pond.
Page 83 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6906 (Council)
Date:
May 31, 2023
Department: Attachments:
Ord 6906 - ACC 2.08
Ord 6906 - ACC 2.08, Exhibit A
Ord 6906 - ACC 2.08, Exhibit B
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6906.
Background for Motion:
Background Summary:
In November 2022, Council determined there was a need to clarify the scope Independent
Salary Commission (ISC). Council formed the Ad Hoc committee and reviewed the historical
practices of the ISC based on meeting minutes and information provided by HR.
The Committee found that in setting the ISC’s purpose, ACC 2.08.020 use of the term
“compensation,” could be interpreted to include both salary and benefits (sick leave, vacation,
etc.) of the Mayoral position. However, in practice, the Committee determined the ISC has not
been voting on vacation leave, sick leave, or management leave benefits.
Ordinance 6906 provides updates to clarify the ISC’s purpose is to set only the salaries of
City elected officials and to exclude non-monetary employment benefits and leave allocation
decisions from the scope of the ISC. The ordinance will also establish a requirement to
record the meetings of the ISC.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 5, 2023 Item Number:ORD.C
Page 84 of 188
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Ordinance No. 6906
June 1, 2023
Page 1 of 3
10681434.1 - 370702 - 0001
ORDINANCE NO. 6906
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 2.08.020
OF THE AUBURN CITY CODE RELATED TO THE
PURPOSE OF THE CITY’S INDEPENDENT SALARY
COMMISSION
WHEREAS, in 2014, pursuant to RCW 35.21.015, the City enacted Auburn City
Code (ACC) 2.08 which created an Independent Salary Commission (ISC) to establish
the salaries of City councilmembers. ACC 2.08 was amended in 2018 to include the
establishment of the City Mayor’s salary to the ISC’s authority; and
WHEREAS, ACC 2.08.020 sets forth the ISC’s purpose, and indicates that ISC
salary authority includes “all compensation” paid or received by the mayor or
councilmembers, whether or not the compensation “is identified as sala ry.” ACC 2.08
does not define the term “compensation,” and similar to RCW 35.21.015, it does not
expressly refer to city-provided employment benefits (such as vacation leave, sick
leave, etc.) as included in “salary”; and
WHEREAS, in February 2023 the Auburn City Council formed an ad hoc
committee to examine the benefits provided to the City’s mayoral position. In light of the
undefined term “compensation” in ACC 2.08.020, the committee’s examination required
it to determine whether the ISC’s salary authority also included authority over
employment benefits; and
WHEREAS, the committee reviewed records of the ISC’s activities since 2018,
including the materials provided to the ISC for its consideration, and minutes of ISC
meetings. The records revealed that the ISC had never been requested to establish or
Page 85 of 188
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Ordinance No. 6906
June 1, 2023
Page 2 of 3
10681434.1 - 370702 - 0001
adjust employment benefits and had never considered or established such benefits.
Instead, employment benefits were set by City policy or the Council, and the ISC had
only established the salaries of the City’s mayor and councilmembers consistent with
ACC 2.08.020 and RCW 35.21.015; and
WHEREAS, on April 17, 2023, the committee reported its findings to the Council,
and recommended that the Council revised ACC 2.08.020 to clarify the ISC’s purpose is
to set only the salaries of City elected officials, defined to expressly exclude non-monetary
employment benefits and leave allocation, including but not limited to any payout of
accrued leave set forth in City policy or the ACC; and
WHEREAS, to avoid future confusion over the issue, the Council, by motion,
directed the drafting of this ordinance to amend ACC 2.08.020, clarifying with express
language that the ISC’s purpose in setting salaries does not include authority over
employment benefits and leave; and
WHEREAS, the City Council finds that ACC 2.08.020 should be further amended
for additional clarity and precision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 2.08.020 of the Auburn City
Code is hereby amended as set forth in Exhibit A to this Ordinance.
Section 2. Amendment to City Code. Section 2.08.050 of the Auburn City
Code is hereby amended in part as set forth in Exhibit B to this Ordina nce.
Page 86 of 188
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Ordinance No. 6906
June 1, 2023
Page 3 of 3
10681434.1 - 370702 - 0001
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. 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 5. 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 87 of 188
EXHIBIT A
ORDINANCE NO. 6906
ACC 2.08.020 Purpose of Independent Salary Commission; Establishment of Uniform
Salaries.
A. Purpose of Independent Salary Commission. The purpose of the independent
salary commission shall be to review and establish the salaries of the City’smembers of
the city councilmembers and the mayor. For the purposes of this chapterhereof, the
“salary” authority of the independent salary commission shall means include all
monetary compensation that may be paid to or received by councilmembers or and the
mayor, (whether or not it is such compensation is expressly identified as salary), but
does not include City employment benefits or leave (including payout of leave, if any)
described in this Title or in City policy.. Also, for the purposes hereof, t
B. Establishment of uniform councilmember salaries—exception. T he Independent
Salary Commission shall establish uniform City councilmember salaries , identified by
the independent salary commission shall be uniform among the same category or class
of elected officialsexcept that the Commission may set . This provision, however, does
not prevent or preclude the independent salary commission from providing for a
different salary for the council member selected as the deputy mayor due to the
additional duties of that position.as the deputy mayor of the city. Rather, the
independent salary commission would be entitled to consider the additional duties of the
deputy mayor in setting salaries for that position.
Page 88 of 188
EXHIBIT B
ORDINANCE NO. 6906
ACC 2.08.050 Operation.
A. The independent salary commission shall elect a chair and vice chair from among its
voting members. Other than for those members initially appointed for a one-year term,
such officers shall hold office for two years. The independent salary commission may
from time to time establish and publish rules of procedure for the efficient and fair
conduct of its business, consistent with state law and city ordinance.
B. The mayor shall appoint appropriate staff to assist the independent salary
commission in preparation of its reports and records, and conducting its meetings, as
may be necessary for the proper operation of the commission.
C. The meetings of the independent salary commission shall be subject to the Open
Public Meetings Act pursuant to Chapter 42.30 RCW, and audio recordings shall be
made of all meetings.
D. The independent salary commission, with the assistance of appointed staff, shall
keep a written record of its proceedings, which shall be a public record all in accordance
with state law.
E. The independent salary commission shall have the authority to raise and lower
salaries of the city council and the mayor. A city council or mayoral salary increase or
decrease shall occur only if three members of the commission vote in favor of the
increase or decrease. Three members of the commission shall constitute a quorum, and
the votes of such quorum shall be sufficient for the decision of all matters and the
transaction of all business to be decided or transacted by the independent salary
commission.
F. The independent salary commission shall meet at least once each year to consider
whether or not to review and/or adjust existing salaries for the city council and the
mayor. The initial meeting of the independent salary commission shall take place within
30 days after the initial members of the independent salary commission have been
appointed and confirmed. Thereafter, the initial annual meeting of the independent
salary commission shall occur no later than April 30th, in any given year.
G. Prior to a vote of the independent salary commission to raise or lower salaries,
residents of the city shall have an opportunity to comment or submit comments in
writing. An opportunity for comments shall be conducted in a manner that is consistent
with the procedure used at regularly scheduled meetings of the city council for public
comment.
Page 89 of 188
H. Prior to a vote of the independent salary commission to raise or lower salaries, the
commission may request, from the mayor or designee, additional financial information
and other relevant data, other than that information provided in subsection I of this
section, including but not limited to information related to the various duties,
assignments, responsibilities, obligations and meetings of city council members.
I. The mayor or designee shall provide the independent salary commission with, and
the commission shall consider, information regarding salaries paid to members of city
councils and mayors from comparable cities. Such comparable cities shall be comprised
of cities having a population of at least 25,000 and located in King, Pierce or Snohomish
County, and, for the purposes of the mayor, comparable cities shall be cities organized
and operating under the mayor-council plan of government, pursuant to Chapter 35A.12
RCW or RCW Title 35.
J. In its meeting(s), the independent salary commission shall review and, if it so
determines, amend and file its schedule of salaries for the city council and the mayor no
later than May 31st of each year. If necessary, the independent salary commission will
also meet upon any other call by the chair or the mayor or by the majority vote of the
city council.
Page 90 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6907 (Council)
Date:
May 31, 2023
Department:
City Council
Attachments:
Ordinance No. 6907
Ordinance No. 6907, Exhibit A
Ordinance No. 6907, Exhibit B
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6907.
Background for Motion:
Background Summary:
Mayoral Vacation Leave:
Introduces a vacation leave cap of 364 hours
Sets an accrual rate
Years served as City
Mayor:
Vacation leave accrual
rate:
Start date-4 years 96 hours per year
5-9 years 120 hours per year
10-14 years 144 hours per year
15-19 years 168 hours per year
20-24 years 192 hours per year
25thyear +208 hours per year
Allows for full payout up to the new cap
Mayoral Sick leave
Introduces a sick leave cap of 960 hours
Sets the accrual rate of 8 hours per month
Establishes a graduated payout of sick leave based on tenure as Mayor
Years of City Mayor
service:
% of accrued sick leave hours to be
paid:
0-4 0% of accrued hours
5-14 25% of accrued hours
15-24 50% of accrued hours
25+100% of accrued hours
Implementation
Existing Accrued Time
Creates a separate “frozen bank” to hold the Mayor’s accrued vacation leave and sick leave hours and locks the value of those
hours to the current salary rate
Mayor Backus has accrued approximately 1065 hours of unused vacation leave
Mayor Backus has accrued approximately 847 hours of unused sick leave
Allows the Mayor to spend down hours in the bank, as needed, for the remainder of the current term.
Allows for payout of any remaining hours in the bank at the end of the current term at her rate of pay at the time the ordinance is
adopted (not her rate of pay at the end of her current term).
New Accruals
Going forward, new vacation leave and sick leave accruals will be accumulated and paid out as set forth in the amended
ordinance.
Page 91 of 188
Projected Benefit based on existing Code Provisions (Provided by HR)
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 5, 2023 Item Number:ORD.D
Page 92 of 188
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Ordinance No. 6907
May 31, 2023
Page 1 of 5
IMANAGE\370702\0001\10668319.v1-5/4/23
ORDINANCE NO. 6907
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE SALARY
AND EMPLOYMENT BENEFITS OF THE CITY MAYOR
POSITION, AMENDING AUBURN CITY CODE SECTIONS
2.03.020, 2.63.120 AND 2.63.160, AND PROVIDING (IN A
NON-CODIFIED SECTION) EMPLOYMENT BENEFIT
PAYMENT TERMS FOR THE CURRENT CITY MAYOR
WHEREAS, in February 2023, the City Council reviewed Auburn City Code (ACC)
provisions related to employment benefits provided to City employees, including the
Mayor;
WHEREAS, during this review the Council identified ACC sections related to the
salary and employment benefits for the City Mayor position that it wished to study further.
The Council formed a three councilmember ad hoc committee (Committee) to undertake
this study;
WHEREAS, the Committee studied the manner in which the City Mayor’s salary is
established through the City’s independent salary commission (ISC) in ACC 2.08. The
Committee also compared the City Mayor position’s non-salary benefits, set forth in ACC
2.63 and City policies, with the benefit provisions for other City employees;
WHEREAS, the Committee’s study revealed that combined language of ACC
sections and City policies related to non-salary benefits for the City Mayor position
provided the City Mayor position with unlimited vacation leave accrual, and the ability to
receive payment for 100% of accrued vacation and sick leave hours upon separation from
City employment. This combined language resulted in a significant cost to the City and
employment benefits for the City Mayor position unavailable to other City employees;
Page 93 of 188
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Ordinance No. 6907
May 31, 2023
Page 2 of 5
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WHEREAS, following its study, the Commission reported its findings and
recommendations to the Council on April 17, 2023. The Commission’s report included
recommendations that the Council do the following:
(1) revise ACC 2.08.020 to clarify the City ISC’s purpose in setting the City
Mayor position’s salary;
(2) amend ACC 2.03 to establish a vacation leave accrual rate, cap, and
associated payment for the City Mayor position;
(3) amend ACC 2.03 to provide for an unused sick leave accrual rate, cap, and
associated payment schedule based on City Mayor years of service; and
(4) provide for payments of accrued leave to current City Mayor Nancy Backus,
with the recommended City Code changes.
WHEREAS, the Council considered and adopted the Commission’s findings and
recommendations. By motion at its April 17, 2023 meeting, the Council directed the
drafting of this Ordinance to amend applicable ACC sections related to the City Mayor
position’s salary and employment benefits, and to provide for benefit payment terms
applicable to the current City Mayor;
WHEREAS, upon recommendation of staff, following the April 17, 2023, meeting,
the Commission recommended the Ordinance permit City Mayor Nancy Backus to freeze
her accrued vacation and sick leave at her current rate of pay, and to receive payment
for any remaining frozen leave at the conclusion of her term payable at her rate of pay in
effect as of the effective date of this Ordinance;
WHEREAS, the Council finds this Ordinance is an extension of the Council’s fiscal
stewardship of City’s funds by bringing the non-salary benefits afforded to the City Mayor
position in line with neighboring jurisdictions and tenets of responsible budgeting;
Page 94 of 188
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Ordinance No. 6907
May 31, 2023
Page 3 of 5
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WHEREAS, the Council finds that applicable provisions of ACC 2.03 and 2.63
should be further revised to ensure precision and clarity, consistent with the purpose and
intent of this Ordinance;
WHEREAS, the Council further finds that the passage of this Ordinance is in the
best interest of the City and its employees by bringing the non-salary benefits for the City
Mayor position more in line with those for unaffiliated City staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment of City Code section 2.03.020. Auburn City Code
section 2.03.020 is hereby amended to read as set forth in Exhibit A attached to this
Ordinance.
Section 2. Amendment of City Code sections 2.63.120 and 2.63.160.
Auburn City Code sections 2.63.120 (related to the accumulation of City employee
vacation leave hours), and 2.63.160 (related to sick leave hours for City employees) are
hereby amended to read as set forth in Exhibit B attached to this Ordinance.
Section 3. Payment to current City Mayor for accrued leave hours. To
coincide with the City Code amendments in Sections 1 and 2 of this Ordinance, the
Council directs that current City Mayor Nancy Backus receive the following from the City:
a. Payment for accrued unused vacation leave hours. Upon the
effective date of this Ordinance, the Mayor’s unused accrued vacation leave hours
shall be frozen. Such frozen vacation leave may be used at the request of Mayor
Backus during the remainder of her current term as Mayor with the City or cashed
Page 95 of 188
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Ordinance No. 6907
May 31, 2023
Page 4 of 5
IMANAGE\370702\0001\10668319.v1-5/4/23
out to Mayor Backus in a single paycheck issued no later than January 8, 2026, at
her salary rate in effect as of the effective date of this Ordinance. The
Administration shall track the Mayor Backus’s frozen vacation leave balance and
ensure that it is not commingled with her active vacation leave balance that will
begin to accrue following the passage of this Ordinance in accordance with Auburn
City Code section 2.03.020, as amended by this Ordinance. This frozen accrued
vacation leave is further exempt from the optional annual payout set out in Auburn
City Code section 2.03.020(B)(1)(b)(i), as amended by this Ordinance.
b. Payment for accrued unused sick leave hours. Upon the effective
date of this Ordinance, the Mayor’s unused accrued sick leave hours shall be
frozen. Such frozen sick leave may be used at the request of Mayor Backus during
the remainder of her current term as Mayor with the City or cashed out to Mayor
Backus in a single paycheck issued no later than January 8, 2026, at her salary
rate in effect as of the effective date of this Ordinance. The Administration shall
track the Mayor Backus’s frozen sick leave balance and ensure that it is not
commingled with her active leave balance that will begin to accrue following the
passage of this Ordinance in accordance with Auburn City Code section 2.03.020,
as amended by this Ordinance. This frozen accrued sick leave is further exempt
from the optional annual payout set out in Auburn City Code section
2.03.020(B)(2)(b)(i), as amended by this Ordinance.
This Ordinance Section 3 shall not be codified for inclusion in the Auburn City
Code.
Page 96 of 188
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Ordinance No. 6907
May 31, 2023
Page 5 of 5
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Section 4. Implementation. The Mayor is authorized and directed to
implement those administrative procedures consistent with and 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.
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 97 of 188
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EXHIBIT A—ORD. NO. 6907
ACC 2.03.020 Mayor’s Ssalary, leave and benefits.
A. Salary. The City Mayor’s salary for the office of the mayor shall be established by
the City’s Independent Salary Commission in accordance with ACC 2.08. on an annual
basis through the adoption of the yearly budget ordinance.
B. Leave and benefits.
1. Vacation leave.
a. Accrual of vacation leave. Vacation leave for the Mayor shall accrue at the following
rates (based on years served as the City Mayor), up to for a maximum total accrual of
364 hours:
Years served as City Mayor: Vacation leave accrual rate :
Start date-4 years 96 hours per year
5-9 years 120 hours per year
10-14 years 144 hours per year
15-19 years 168 hours per year
20-24 years 192 hours per year
25th year + 208 hours per year
b. Payment for unused accrued vacation leave hours.
(i) Each calendar year, the Mayor shall have the option to receive payment (at then
current salary rate) for up to 80 hours of unused accrued vacation leave hours. The
Mayor may elect to receive this payment as a deferred compensation account
contribution.
(ii) The Mayor shall be entitled to receive payment (at then current salary rate) for any
unused accrued vacation hours up to the 364 hour accrual limit upon conclusion of
service as the City Mayor.
2. Sick leave.
a. Accrual of sick leave. Sick leave for the Mayor shall accrue at the rate of 8 hours per
month, for a maximum total accrual of 960 sick leave hours.
b. Payment for unused accrued sick leave hours.
(i) By December 31 of each calendar year, the Mayor shall have the option to receive
payment (at then current salary rate) for 25% of any sick leave hours accrued during
Page 98 of 188
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that year that exceed the 960 hour maximum. Payment shall be made by January 31
the following calendar year.
(ii) The Mayor shall be entitled to receive payment (at then current salary) for unused
accrued sick leave hours up to the maximum cap of 960 hours at the conclusion of
service as Mayor. Such payment shall be made according to the following schedule,
based on years served as the City Mayor:
Years of City Mayor service: % of accrued sick leave hours to be
paid:
0-4 0% of accrued hours
5-14 25% of accrued hours
15-24 50% of accrued hours
25+ 100% of accrued hours
3. Other leave and benefits. The Mayor shall be entitled to receive other forms of leave
or benefits required by law or generally available to other City employees. The use and
management of such other leave or benefits shall be in accordance with applicable law
and City policies and procedures.
Page 99 of 188
EXHIBIT B—ORD. 6907
ACC 2.63.120 Vacations - Accumulation
Vacations of employees shall not ordinarily be accumulative, except where the
department head finds that there are special circumstances justifying an extended
vacation, they may authorize the employee to accumulate up to five days or two duty
shifts for fire department employees of unused vacation leave each year for the purpose
of extending the employee’s annual vacation period in the year following, but in no
event shall an employee not subject to a collective bargaining agreement accumulate
more than that which would be earned in two years at the employee’s accrual rate. Any
vacation leave accumulated in excess of this amount shall be automatically removed
from the employee’s vacation balance by the finance department. Due to the demands
of the office and the responsibilities pertaining thereto, the mayor of the city shall not be
subject to the aforementioned provision and shall be authorized to accumulate unlimited
annual leave at their discretion. In the event that a collective bargaining agreement is
silent on the issue of vacation accumulation, then accumulation shall be limited to a
maximum of one year annual vacation leave plus five days additional unused and
accrued vacation leave carried over from a previous year or two duty shifts for fire
department employees working shift work.
ACC 2.63.160 Sick leave - Employees hired before January 1, 1985.
This section applies only to City employees hired before January 1, 1985.
A. All full-time employees of the city, except those covered by a union agreement, shall
be entitled to sick leave when they are incapacitated for the performance of their duties
by reason of sickness or injury or when, through exposure to contagious disease, the
presence of the employee would jeopardize the health of others. Such sick leave shall
be at the rate of eight hours for each calendar month of employment and if not used
shall accumulate to a maximum of 960 hours, exclusive of the ordinary vacation time of
the employee.
B. Sickness shall be reported at the beginning of any period of illness to the department
as soon as practically possible.
C. A doctor’s certificate will be furnished at the discretion of the department head or
personnel director whenever an employee claims sick leave for the protection of the
employee and fellow employees.
Page 100 of 188
D. Part-time employees shall not be entitled to sick leave unless approved by the
mayor.
E. An employee shall be allowed up to three days’ sick leave for illness in the
immediate family that requires their presence, upon the approval of the department
head. Immediate family includes under this caption only father, mother, spouse or
children of the employee.
F. Any employee found to have abused the sick leave privilege by falsification or
misrepresentation may be subject to dismissal at the discretion of the mayor.
G. In the case of injury or illness which is covered by industrial insurance, an amount of
sick leave may be used to pay the difference between industrial insurance, workman’s
compensation and the employee’s regular rate of pay and no combination of payments
received added to sick leave will exceed the regular rate of pay.
H. No portion of this article regarding sick leave shall conflict with or cancel rules and
regulations set by the civil service commission as it pertains to the fire and police
department.
I. Upon termination shall be reimbursed at the current rate of pay for unused accrued
sick leave up to a maximum of 960 hours in accordance with the following schedule
based on continuous years of service:
Upon Completion of Years of Service Percent of Accrued Unused Sick Leave
0 through 4 years 0%
5 through 14 years 25%
15 through 24 years 50%
25 years and over 100%
This section shall not apply to employees hired on or after January 1, 1985; provided,
however, due to the demands of the office and the responsibilities pertaining thereto,
the mayor of the city shall be authorized to receive payment for 100 percent of accrued
unused sick leave upon leaving office.
Page 101 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6908 (Gaub)
Date:
May 23, 2023
Department:
Public Works
Attachments:
Ordinance No. 6908
Exhibit A
Exhibit B
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6908.
Background for Motion:
Ordinance No. 6908 establishes a payback requirement for Parcel 3339400655 for
improvements being constructed with City Project CP2022 Garden Avenue Realignment that
are along the parcels frontage, directly benefit the parcel, and would have been required to be
constructed when, or if, the parcel develops.
Background Summary:
City Project CP2022 – Garden Avenue Realignment is constructing improvements that will
close the existing connection from Garden Avenue/102nd Avenue SE to Lea Hill Road/8th
Street NE and construct a new roadway connection from Garden Avenue/102nd Avenue SE
to 104th Avenue SE. The project includes improvements along undeveloped Parcel No.
3339400655 that directly benefit the parcel and the City Engineer has determined are eligible
for assessing a payback requirement (also known as a latecomers assessment) in
accordance with Auburn City Code 3.25.050. The payback requirement will require the
property owner to reimburse the City for the City’s costs to make the improvements along the
parcel frontage when, and if, the property develops within 15 years of the Ordinance effective
date. A Public Hearing regarding the payback assessment and Ordinance 6908 is scheduled
for June 5th, 2023. Notice of the public hearing was sent to the owners of Parcel No.
3339400655 on May 2nd, 2023. The ordinance and payback requirement was discussed at
the May 22, 2023 City Council Study Session and additional information in the staff report is
attached.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:June 5, 2023 Item Number:ORD.E
Page 102 of 188
Page 103 of 188
- - - - - - - - - - - - - - - - -
Ordinance No. 6908
05/2/2023
Page 1 of 5
ORDINANCE NO. 6908
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ENACTING A STREET PAYBACK
REQUIREMENT FOR PARCEL NO. 3339400655 RELATED
TO CITY PROJECT CP2022 GARDEN AVENUE, PROVIDING
FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, City Project CP2022 – Garden Avenue Realignment (“City Project”) is
making roadway improvements in the Project Area as shown in Exhibit A that benefit the
general public and include construction of a new roadway connection from 102nd Avenue
SE/Garden Avenue to 104th Avenue SE and improvements to the east half of 102 nd Ave
SE/Garden Avenue from the new roadway connection south to a new cul-de-sac to close
the connection from 102nd Avenue SE/Garden Avenue to 8th Street NE/SE 320th Street;
and
WHEREAS, properties adjacent and within the Project Area that take access to
the roadways being improved with the City Project, shown as the “Assessment Area” on
Exhibit A, will directly benefit from the City Project; and
WHEREAS, the City Project is constructing improvements within the Assessment
Area adjacent to Parcel 3339400655 (“Subject Parcel”) that benefit the Subject Parcel to
include sidewalk, driveway apron, landscape strip, curb/gutter, roadway pavement, street
lighting, and storm drainage and would be required if the Subject Parcel develops from
its current unimproved state under chapter 12.64 of the ACC and other applicable law;
and
Page 104 of 188
- - - - - - - - - - - - - - - - -
Ordinance No. 6908
05/2/2023
Page 2 of 5
WHEREAS, as summarized in Exhibit B, all other parcels within the Assessment
Area of the City Project are either owned by the City of Auburn , have paid fees in lieu of
constructing the required public improvements under chapter 12.64A of the Auburn City
Code (“ACC”), or do not take access to the roadway that will be improved under the City
Project; and
WHEREAS, the City will pay all costs and expenses to complete the City Project
including that which benefits Parcel 3339400655 in recognition that the public interest is
best served by continuous sidewalks, landscape strips, curb/gutter, roadway pavement,
street lighting, and storm drainage; and
WHEREAS, the City Engineer has determined the recovery of costs associated
with the benefits to Parcel 3339400655 are subject to payback requirements under
chapter 3.25 ACC; and
WHEREAS, the City of Auburn mailed a letter to the owners of the Subject Parcel
on May 2nd, 2023, informing the owners of the public hearing under chapter 3.25 ACC
and the assessment amount; and
WHEREAS, chapter 3.25 of the ACC and chapter 35.72 of the Revised Code of
Washington (“RCW”) allow for the City to recover costs of public improvements that
benefit a privately-owned parcel, after public hearing and notice to the Subject Parcel,
and such costs will be recovered if and when the Subject Parcel develops; and
WHEREAS, the City Council held a public hearing on June 5th, 2023; and
WHEREAS, the City Council finds that establishing the payback requirement
against the Subject Parcel is in the best interest of the City.
Page 105 of 188
- - - - - - - - - - - - - - - - -
Ordinance No. 6908
05/2/2023
Page 3 of 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. The City Council establishes the assessment requirement in the
amount of $94,832, in recognition of the private benefit for sidewalk, landscape strip,
curb/gutter, roadway pavement, street lighting, and storm drainage completed as part of
City Project CP2202 that will benefit Parcel 3339400655.
Section 2. The owners of Parcel 3339400655 will be required to pay the full
amount of the payback assessment set forth in Section 1 of this ordinance when it is
developed, defined as prior to the issuance of a building permit, prior to any improvement
that would generate increased pedestrian or vehicular traffic to or from the Subject Parcel,
or prior to the execution of a restrictive covenant or agreement with the City of Auburn.
Section 3. This ordinance is binding on the current owner of Parcel
3339400655, its successors, heirs and assigns and shall so be binding on all legal owners
of this property for the stated term.
Section 4. The City Council finds that this ordinance is consistent with the
requirements to implement payback recovery for the City Project set forth in chapter 3.25
ACC and waives the requirements for a separate contractual agreement as required in
ACC 3.25.090 because of the undeveloped nature of the Subject Parcel and in
recognition of the City performing this work as part of the City Project .
Section 5. The City Council finds and determines that it is in the public interest to
complete the construction and installation of all street improvements at one time as part
of the City Project.
Page 106 of 188
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Ordinance No. 6908
05/2/2023
Page 4 of 5
Section 6. The City Council establishes the payback requirements to begin upon
passage of this ordinance and to remain valid of a period of fifteen (15) years.
Section 7. The City Council directs that this ordinance be recorded with the King
County Recorder’s Office at the City’s sole cost. After recording, this ordinance will be a
matter of public record and will serve as a notice to the owner and any subsequent
purchasers of Parcel 3339400655.
Section 8. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 9. Implementation. The City Engineer is authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
legislation.
Page 107 of 188
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Ordinance No. 6908
05/2/2023
Page 5 of 5
Section 10. Effective Date. This Ordinance will take effect and be in force five (5)
days from and after 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 108 of 188
Printed On: 5/2/2023
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 no
warranty as to its accuracy.
1:22570200400
ft
WGS84 Web Mercator (Auxiliary Sphere)
Ordinance 6908 Exhibit A
CP2022 Garden Avenue Realignment Project - Payback Assessment Area
LEGEND
Project Area
Assessment Area (Potentially Benefited Parcels)
Parcel excluded because does not currently take
access to project improvements and is fully
developed.
*
*
*
Page 109 of 188
Ordinance 6908 Exhibit B
CP2022 Garden Avenue Realignment Project
Payback Assessment Schedule
Total Project Cost:
Parcel No. Basis of Assessment Assessment
Amount
Note
3339400655 Cost of sidewalk, landscape
strip, curb/gutter, and 8 foot
wide pavement along frontage
(approximately 188 feet) and
proportional share of project
street lighting and storm
drainage. Costs include design,
property acquisition, and
construction.
$94,832 This undeveloped parcel would have been
required to construct the improvements
included in the basis of assessment, when
and if it develops.
3339400636 N/A $0 Fully developed. Has built and/or paid for
street improvements serving property.
3339400635 N/A $0 City owned.
3339400633 N/A $0 Fully developed. Has built and/or paid for
street improvements serving property.
3339400634 N/A $0 Fully developed. Has built and/or paid for
street improvements serving property.
3339400621 N/A $0 City owned.
Note that only parcels currently taking direct access to the project improvements were included in the
assessment area.
Total Payback Assessment Amount: $94,832
Page 110 of 188
1 of 2
June 5th, 2023
Ordinance 6908 Staff Report
ORDINANCE 6908 – GARDEN AVENUE
STREET PAYBACK
STAFF REPORT
Ordinance 6908 – Garden Avenue Street Payback
Ordinance No. 6908 was discussed with the City Council at the May 22, 2023 Council
Study Session and would establish a payback requirement on parcel No. 3339400655
in the amount of $94,832. This staff report includes additional background information
about the project.
City Project – Garden Avenue Realignment Project
The Garden Avenue Realignment project will close the connection of Garden Avenue
(also called 102nd Ave SE) to Lea Hill Road (also called 8th Street NE) and create a
new roadway connection to 104th Ave SE. The idea for the project came about after the
City annexed the remainder of Lea Hill from King County in 2008 and the City observed
that increasing traffic on Lea Hill Road was creating traffic operational concerns at the
Garden Avenue intersection. The project was further developed through the Lea Hill
Road Corridor Study completed in 2020.
The intersection of Garden Avenue and Lea Hill Road has the following issues: It is
very close to the signalized intersection of 104th Ave SE (approximately 390 feet), is
directly adjacent to the Green River Bridge, and is at a location where lane shifts and
transitions are occurring. There is also a Metro bus stop between Garden Avenue and
104th Ave SE. The Garden Avenue approach to Lea Hill Road is steep and without a
landing at the intersection. These conditions contribute to the following undesirable
effects: 1) Cars backed up at the 104th Ave SE intersection block the Garden Avenue
intersection. 2) Cars turning from Lea Hill Road to Garden Avenue block traffic and keep
traffic from approaching or departing the signal, which degrades the signal’s
effectiveness and increases delays. 3) Cars turning left or right from Garden Avenue to
Lea Hill Road have few gaps to make their turns and experience frequent delays.
The new connection of Garden Avenue to 104th Ave SE (at the location of SE 318th
Street currently constructed as an access road) will be sufficiently spaced from the
intersection of Lea Hill Road (approximately 580 feet), is not constrained by the Green
River Bridge, is not at a location where lane shifts and transitions are occurring, is not
near Metro bus stops, does not have approach grade issues and allows for an
appropriate intersection landing. For these reasons, the new connection of Garden
Page 111 of 188
2 of 2
June 5th, 2023
Ordinance 6908 Staff Report
Avenue is expected to be more functional than the current connection of Garden
Avenue to Lea Hill Road.
Street Deferral Agreements
In November of 2020, the City kicked off the design of the Garden Avenue Realignment
project. Early in the design of the project the City identified three parcels that had Street
Improvement Deferral Agreements with the City. The improvements deferred by the
agreements were triggered by the construction of homes on these parcels by a
developer named JK Monarch. It was determined that deferred improvements were to
be constructed with the City’s Garden Avenue project and therefore, the City informed
the 3 properties that a fee-in-lieu payment for the deferred improvements would be
required. To date, two of the three property owners have signed fee-in-lieu agreements
and agreed to payment plans for the cost of the improvements. The third property owner
has indicated they intend to pay the amount due in full by September of this year.
The Garden Avenue project is improving roadways to which 6 properties currently take
access. 3 of those properties are the JK Monarch properties that are paying for their
required improvements through the fee-in-lieu described above. 2 of the properties are
owned by the City. The remaining property is parcel No. 3339400655 (Murphy
Property), currently owned by Zachery and Coleen Murphy.
Street Payback Requirement and the Murphy Property
The Murphy Property is zoned for single family residential use and is currently vacant.
Per ACC 3.25 and RCW 35.72, the City may recoup it costs for making improvements
as part of a City project that directly benefit a parcel and would have been required to
be completed by the property when it was to develop. The frontage improvements along
the Murphy Property that would be required by ACC 12.64A when the property develops
include sidewalk, landscape strip, driveway, curb/gutter, street lighting, storm drainage,
and roadway pavement. It makes sense to build these improvements with the City’s
project, so the City project results in a fully built-out roadway without a gap across the
Murphy Property frontage. Furthermore, constructing the Murphy frontage
improvements with the City project will result in less construction impacts to adjacent
property owners and overall is the most efficient approach towards building the
improvements. Ordinance No. 6908 would establish the payback requirement on the
Murphy Property. The payback amount would be due from the property owners to the
City upon submittal of development permits by the owners for improvement on the
property if submitted within 15 years of the effective date of the Ordinance. The payback
amount includes design, property acquisition, and estimated construction costs that
have, or will be incurred by the City in making the improvements along the Murphy
property frontage. The payback amount includes $19,200 in property acquisition costs
that the City is in the process of paying the Murphy’s for property needed along the
frontage to fully build out the roadway.
Page 112 of 188
CP2202 - Garden Avenue Realignment Printed On: 4/26/2023
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 no
warranty as to its accuracy.
1:3611200.5 1
mi
WGS84 Web Mercator (Auxiliary Sphere)
Project Location
CP2022 Garden Avenue Realignment
Page 113 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6909 (Gaub)
Date:
May 23, 2023
Department:
Public Works
Attachments:
Ordinance No. 6909
Exhibit A
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6909.
Background for Motion:
This modifies the City Code to restrict access to right-of-way areas behind the sidewalk at the
southeast corner of the intersection of Auburn Way North and 30th Street NE. These
restrictions are needed to prevent illegal dumping and other activity that inhibits maintenance
and operations of City traffic systems and utilities in the area.
Background Summary:
This ordinance modifies the City Code to restrict access to right-of-way areas behind the
sidewalk at the southeast corner of the intersection of Auburn Way North and 30th Street NE.
This area has been used for illegal dumping, public usage of illegal drugs, and encampments.
The isolated nature of the area makes it difficult for the City and adjacent property owners to
dissuade these activities. The illegal activities inhibit access to the area for maintenance and
operations of utilities and traffic signal systems. The revised code would restrict the area
between the back of the sidewalk and the adjacent property lines from public access and
provide for access to the area by the City and utility companies. This ordinance was
discussed at the May 22, 2023 City Council Study Session.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:June 5, 2023 Item Number:ORD.F
Page 114 of 188
--------------------------------
Ordinance No. 6909
May 1, 2023
Page 1 of 2 Rev. 2018
ORDINANCE NO. 6909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO RESTRICTIONS
AND LIMITATIONS OF PUBLIC RIGHT-OF-WAY USE AND
REVISING CHAPTER 10.28 OF THE AUBURN CITY CODE
WHEREAS, the City has authority over its public rights-of-way, and as such has
the authority to restrict and limit their use; and
WHEREAS, an area along the east side of Auburn Way North, south of 30th Street
NE (“Subject ROW”) is within the public rights-of-way; and
WHEREAS, lying within the Subject ROW are utilities and traffic signal systems
that do not currently require, or benefit from, general public access; and
WHEREAS, illegal trash dumping, public drug use, and encampment activities
have continuously occurred within the Subject ROW; and
WHEREAS, the isolated nature of the Subject ROW has made it difficult for the
City and adjacent property owners to dissuade or prevent the illegal trash dumping, public
drug use, and encampment activities; and
WHEREAS, these unlawful activities inhibit necessary access to the Subject Area
to maintain, operate, and repair utility and traffic signal systems; and
WHEREAS, it is in the public interest to close the Subject ROW to all vehicular and
non-vehicular traffic except for the purpose of accessing utilities, traffic signal systems,
and City maintenance of the Subject ROW in order to address the issues of illegal trash
dumping, public drug use, and encampment activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
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Ordinance No. 6909
May 1, 2023
Page 2 of 2 Rev. 2018
Section 1. Amendment to City Code. Chapter 10.28 of the Auburn City Code
is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures 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 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 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 116 of 188
Ordinance 6909 – Exhibit A
Chapter 10.28
STREET USE RESTRICTIONS
10.28.010 Imposition of right-of-way limitations.
The following public highways, roads, streets, sidewalks, alleys and rights-of-way within the city are restricted
as indicated:
A. “B” Street Southeast, northerly of the first alley south of East Main Street and extending north to East
Main Street, shall be a pedestrian facility, as defined in ACC 12.02.060(M), and shall be closed to all vehicular
traffic of any type or kind other than wheelchairs or similar devices used by disabled persons or persons
needing the use of such devices, and except for emergency vehicles when responding to an emergency.
B. “M” Street Northwest, northerly of the driveway serving 1802 “M” Street Northwest and extending north
to 29th Street Northwest and 29th Street Northwest, from M Street Northwest extending east approximately 760
feet to the Mill Creek crossing, shall be closed to all vehicular and non-motorized traffic of any kind except for
the purpose of accessing utilities and properties by their owners and authorized guests. The City of Auburn and
emergency service providers and emergency vehicles are permitted to access the rights-of-way at any time.
C. Reserved. The public rights-of-way areas east of the sidewalk along the east side of Auburn Way North
and south of the sidewalk along the south side of 30th Street NW and adjacent to King County parcel nos.
0004600037 and 0001000020 shall be closed to all vehicular and non-motorized traffic of any kind except for
the purpose of accessing utilities and traffic signal systems by their owners. The City of Auburn and
emergency service providers and emergency vehicles are permitted to access the rights-of-way at any time.
(Ord. 5902 § 2, 2005.)
10.28.020 Notice of restriction and signing.
The city engineer shall erect, or cause to be erected and maintained, signs, gates, and/or barricades designating
the limitations and restrictions set forth in ACC 10.28.010. (Ord. 5902 § 2, 2005.)
10.28.030 Violation – Penalty.
When any public highway, road, street, sidewalk, alley or right-of-way within the city’s jurisdiction is either
closed or restricted as to use, as provided in this chapter, any person, firm or corporation disregarding such
closure or restriction of use shall be guilty of a misdemeanor, and shall in addition to any criminal penalty for
Page 117 of 188
Ordinance 6909 – Exhibit A
violation of provisions of this chapter be liable in any civil action instituted in the name of the city of Auburn
for any damages occurring to any public highway, road, street or thoroughfare within the city’s jurisdiction as
a result of disregarding such closure or use restriction. (Ord. 5902 § 2, 2005.)
Page 118 of 188
Printed On: 5/9/2023
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 no
warranty as to its accuracy.
1:11280100200
ft
WGS84 Web Mercator (Auxiliary Sphere)
Ordinance 6909 - Vicinity Map
Area of Proposed
Restricted Access
30TH ST NEAUBURN WAY NKing County
Parcel No.
0001000020
King County
Parcel No.
0004600037
Page 119 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5710 (Thomas)
Date:
May 23, 2023
Department:
Finance
Attachments:
RES 5710 AFB Day and Night Shelter 2023
Auburn Food Bank Contract - Combined
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5710.
Background for Motion:
Resolution 5710 is an agreement with the Auburn Food Bank to provide day center and night
shelter services for City of Auburn residents experiencing homelessness.
Background Summary:
Since 2020, the Auburn Food Bank has been providing day and night shelter services for
residents experiencing homelessness. The original service agreements were adopted in
December 2020 by council with Resolutions 5573 and 5574, for the day center and night
shelter respectively. Resolution 5710 extends the agreements of the previous day and night
shelter service contracts, but rather than accounting for the services in two separate
contracts, the scope and City contribution are now combined into one contract.
The Auburn Food Bank will operate both shelters from the City's Consolidated Resource center.
Due to their proximity to the City's community court and resource center operations, the day center
and night shelter will work in coordination with the other community resources being offered by the
City in the same location.
The annual contract for services totals $310,000 and accounts for an estimated 75% of the
shelter's operational costs. In exchange, the Food Bank will provide daily space for a minimum of
52 individuals referred by the City of Auburn (a minimum of 26 in the day center and a minimum of
26 in the night shelter). Since the City of Auburn is not the only direct user of the services
provided by the Auburn Food Bank, the City and the Food Bank will work collaboratively to pursue
funding sources from other entities that wish to occupy space in either the day or night shelter.
The contracts associated with these resolutions expired on December 31, 2022 and were
temporarily extended through June 30,2023. Resolution 5710 will extend the contract period
through December 31,2025.
Rev iewed by Council Committees:
Page 120 of 188
Councilmember:Baldwin Staff:Thomas
Meeting Date:June 5, 2023 Item Number:RES.A
Page 121 of 188
--------------------------------
Resolution No. 5710
June 5, 2023
Page 1 of 2
RESOLUTION NO. 5710
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE AUBURN
FOOD BANK’S DAY CENTER AND NIGHT SHELTER
OPERATIONS AND AUTHORIZING THE MAYOR TO
NEGOTIATE, ADMINISTER, AND EXECUTE AN
AGREEMENT WITH THE AUBURN FOOD BANK
WHEREAS, the City of Auburn, along with all of western Washington, is
experiencing unprecedented numbers of individuals experiencing homelessness or are
at high-risk for experiencing homelessness; and
WHEREAS, the Auburn Food Bank is a volunteer directed organization that
provides food, referrals, resources, support, and assistance to unsheltered individuals
within the City of Auburn and the surrounding community; and
WHEREAS, the Auburn Food Bank will provide a day center and night shelter to
unsheltered individuals at the Auburn Resource Center Building located at 2806-2812
Auburn Way North, Auburn, WA 98002; and
WHEREAS, the City of Auburn will fund a portion of the Auburn Food Bank’s costs
for the operation of the day center and night shelter consistent with this Agreement; and
WHEREAS, the City has determined that this Agreement provides the necessary
support of the poor and infirm in the community; and
WHEREAS, the public and the City benefit from the services provided by the
Auburn Food Bank.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
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--------------------------------
Resolution No. 5710
June 5, 2023
Page 2 of 2
Section 1. The Mayor is authorized to negotiate, administer, and execute an
Agreement between the City of Auburn and the Auburn Food Bank, which shall be in
substantial conformity with the attached “Agreement”.
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 5th day of June, 2023.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 123 of 188
AGREEMENT
Between
The City of Auburn
and
The Auburn Food Bank
For Operation of the Day Center and Night Shelter
This Agreement (“Agreement”) is entered into on this ___ day of ____________, 2023, by
and between the City of Auburn, a municipal corporation organized under Title 35A of the Revised
Code of Washington (the “City”), and the Auburn Food Bank, a Washington public benefit
corporation (the “Provider” and collectively “the Parties”).
RECITALS:
1. The City of Auburn, along with all of western Washington, is experiencing
unprecedented numbers of individuals experiencing homelessness or are at high-risk for
experiencing homelessness; and
2. The Auburn Food Bank is a volunteer directed organization that provides food,
referrals, resources, support, and assistance to unsheltered individuals within the City of Auburn
and the surrounding community; and
3. The Auburn Food Bank will provide a day center within the Auburn Resource
Center Building located at 2806-2812 Auburn Way North, Auburn, WA 98002 (“the premises”)
under a separate agreement; and
4. The Auburn Food Bank will operate a night shelter for individuals within the
Auburn Resource Center Building located at 2806-2812 Auburn Way North, Auburn, WA
98002; and
5. The Auburn Food Bank will pay the City rent for the space being occupied at
2806-2812 Auburn Way North, Auburn, WA 98002 under a separate agreement; and
6. The City of Auburn will provide funds to the Auburn Food Bank for the operation
of the day center and night shelter and the Auburn Food Bank will seek additional funding sources
and partnerships; and
7. The Parties expressly intend all provisions of the Agreement to apply in full force
and effect for the duration this agreement; and
8. The City has determined that this Agreement provides the necessary support of the
poor and infirm in the community.
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AGREEMENT:
In consideration of the mutual promises set out in this Agreement, the Auburn Food Bank
and the City agree as follows:
1. Term of Agreement.
The Parties intend for the term of this Agreement to be July 1, 2023 through December 31,
2025. The term of this Agreement may be extended in writing by mutual agreement of the
parties. If this Agreement expires or terminates before the Parties’ entering into an Agreement
for future services or extending this Agreement, the Auburn Food Bank agrees to remove all
personal property promptly from the Consolidated Resource Center.
2. Scope of Services.
The Provider agrees to perform in a good and professional manner the tasks described in
Exhibit “A.” The Provider will perform the services as an independent contractor and will
not be deemed, by virtue of this Agreement and the performance of, to have entered into any
partnership, joint venture, or other relationship with the City.
3. Provider Representations.
The Auburn Food Bank represents and warrants that it has all necessary licenses and
certifications to perform the services provided for in this Agreement, and is qualified to
perform those services. The Auburn Food Bank is prohibited from making any program
services, resources, assistance, or sheltering conditional on clients participating in any sort of
religious activity. No funding provided through the City may be used to support or engage in
any explicitly religious activities, including activities that involve overt religious content such
as worship, religious instruction, or proselytization. The Auburn Food Bank agrees to
cooperate and coordinate with the City, its employees, contractors, and agents for the purpose
of maintaining and repairing the building consistent with the lease. The Auburn Food Bank
agrees to cooperate and coordinate with the City, its employees, contractors, and agents under
the Auburn Consolidated Resource Center lease upon the lease effective date.
4. City Obligations.
The City agree to lease the Auburn Consolidated Resource Center and to offer a lease to the
Auburn Food Bank for the duration of this Agreement, provided that the Auburn Food Bank
complies with all required lease conditions and the terms of this Agreement.
5. Compensation.
As compensation for the Provider’s performance of the services provided for in this
Agreement, the City will provide the Provider the fees and costs specified in Exhibit “B”. This
compensation shall be used for work performed or services rendered and for all labor,
materials, supplies, equipment, overhead, profit, and incidentals necessary to complete the
work. Copies of original supporting documents shall be supplied to the City upon request.
Compensation to be paid the Provider in succeeding years after the current year will be
contingent upon availability of funds. Provider commits to obtaining additional and
independent funding sources.
Page 125 of 188
6. Parties Obligations to Keep Building in Good Repair Consistent with Lease.
In addition to the Parties’ obligations as otherwise described in this Agreement and the Scope
of Services, Exhibit A, the Parties agree to not use or store any hazardous, toxic, radioactive
or bio-hazardous substances or petroleum products in the building. The Parties agree that the
building will not be occupied by any person other than the Parties, their agents, employees,
and invites or used for residential or dormitory purposes.
7. Insurance.
The Provider shall procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Provider, its agents, representatives, or
employees.
A. No Limitation
The Provider’s maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such insurance, or
otherwise limit the City’s recourse to any remedy available at law or in equity.
B. Minimum Scope of Insurance
The Provider shall obtain insurance of the types and coverage described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA
00 01.
2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop-gap
independent contractors and personal injury and advertising injury. The City shall be
named as an additional insured under the Provider’s Commercial General Liability
insurance policy with respect to the work performed for the City using an additional
insured endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Provider’s profession.
C. Minimum Amounts of Insurance
The Provider shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident.
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Page 4 of 12
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per
claim and $2,000,000 policy aggregate limit.
D. Other Insurance Provision
The Provider’s Automobile Liability and Commercial General Liability insurance policies
are to contain, or be endorsed to contain that they shall be primary insurance as respect the
City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Provider’s insurance and shall not contribute with it.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
F. Verification of Coverage
The Provider shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Agreement before commencement of the work.
G. Notice of Cancellation
The Provider shall provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Provider to maintain the insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days’ notice
to the Provider to correct the breach, immediately terminate the Agreement or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Provider from the City.
I. City Full Availability of Provider Limits
If the Provider maintains higher insurance limits than the minimums shown above, the City
shall be insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Provider, irrespective of whether such limits maintained by the
Provider are greater than those required by this Agreement or whether any certificate of
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Page 5 of 12
insurance furnished to the City evidences limits of liability lower than those maintained by
the Provider.
8. Indemnification
Provider shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
However, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
Provider and the City, its officers, officials, employees, and volunteers, the Provider's
liability, including the duty and cost to defend, hereunder shall be only to the extent of the
Provider’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The Parties intend for the provisions of
this section to apply beginning January 1, 2020, and shall survive the expiration or
termination of this Agreement.
9. No Leasehold Interest.
This Agreement does not convey to the Auburn Food Bank a leasehold interest.
10. Dispute Resolution.
In the event that any dispute or conflict arises between the parties while this Agreement is in
effect, the Parties agree that, notwithstanding such dispute or conflict, the Parties will
continue to make a good faith effort to continue to cooperate and continue to work toward
successful completion of the services outlined in Exhibit A.
In the event that any party believes another party has breached a term of this Agreement, it
may request in writing that the Parties meet and confer in good faith for the purpose of
attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days
of the date of service of the request.
11. Agreement Interpretation.
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and are not part of this Agreement. The singular will
include the plural and vice versa and masculine, feminine and neuter expressions are
interchangeable. Interpretation or construction of this Agreement will not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been drafted
by mutual agreement of the Parties.
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Page 6 of 12
12. Non-Availability of Funds.
Every obligation of the City under this Agreement is conditioned upon the availability of
funds appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then this Agreement may be
terminated by the City at the end of the period for which funds are available.
The City makes no commitment to support the services contracted for and assumes no
obligation for future support of the activity or services contracted herein expect as expressly
set forth in this Agreement.
13. Termination for Cause.
If the City concludes that the Auburn Food Bank has failed to comply with the terms and
conditions of this Agreement, or has failed to use the City funds only for those activities
identified in Exhibit A, or has otherwise materially breached one or more of the covenants in
this Agreement, the City may at any time, at its discretion, provide written notice to the
Auburn Food Bank and terminate the Agreement. The Notice of Termination for Cause will
be in writing with the reason(s) for the termination, and will specify the effective date of the
termination. The Auburn Food Bank will be allowed at least five (5) calendar days to cure
the reasons for termination. If the breach is not cured within five (5) days, the City may
recover all prior payments to the Auburn Food Bank from the City made within 60 days of
the Effective Date.
If the lease is not renewed or is revoked for any reason, this Agreement automatically
terminates and the parties waive all claims, demands, suits, proceedings, losses, costs, or
damages of every kind and description, including attorneys’ fees and litigations expenses
which may be made against or incurred by the City, caused by, arising out of, or contributed
to, in whole or in part, by reason of the Agreement termination.
The City may, in its sole discretion, by written notice to the Auburn Food Bank, immediately
terminate this Agreement, if it is found after due notice and examination by the City that
there is a violation of the Ethics in Public Service Act, Chapters 42.23 and 42.52 RCW.
14. Termination for Convenience.
The City reserves the right to terminate this Agreement for the convenience of the City by
delivery of a Notice of Termination with the effective date. The City may withhold all
further payments to the Auburn Food Bank after the date of Notice of Termination.
15. Prohibited Discriminatory Actions.
The Auburn Food Bank may not, under any program or activity to which this Agreement
applies, directly or through contractual or other arrangements, discriminate on the grounds of
race, color, creed, religion, national origin, sex, sexual orientation, familial status, age, or
where there is the presence of any sensory, mental or physical handicap.
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Page 7 of 12
The Auburn Food Bank will comply with all applicable federal, state and local non-
discrimination laws and/or policies, including, but not limited to, the Americans with
Disabilities Act; Civil Rights Act; and the Age Discrimination Act.
In the event of the Auburn Food Bank’s noncompliance or refusal to comply with any non-
discrimination law or policy, this Agreement may be rescinded, cancelled, or terminated in
whole or in part, and the Auburn Food Bank may be declared ineligible for further
agreements with the City. The Auburn Food Bank is responsible for any and all costs or
liability arising from any failure to so comply with applicable law.
16. Records.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations,
working drawings, and any other materials created or otherwise prepared by the Auburn
Food Bank and transmitted to the City as part of performing this Agreement will be owned
by and become the property of the City.
The Auburn Food Bank agrees that it will comply with the Washington Public Records Act,
if required, and shall defend, indemnify and hold the City, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in
complying with the Washington Public Records Act.
17. Personal Information-Notice of Security Breach.
The Auburn Food Bank agrees to notify the City of any breach of the security of any
personal information data immediately following discovery if the personal information was,
or is reasonably believed to have been, acquired by an unauthorized person in accordance
with RCW 42.56.590. In the event of a security breach, the Auburn Food Bank is
responsible for notifying individuals whose personal information may have become available
to unauthorized users.
18. Inspection & Audit.
All compensation payments will be subject to adjustments for any amounts to have been
improperly invoiced, and all records and books of accounts pertaining to any work performed
under this Agreement will be subject to inspection and audit by the City for a period of three
(3) years from the final payment for work performed under this Agreement.
If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year
period, all records and books of accounts pertaining to any work performed under this
Agreement will be retained until all litigation, claims, disputes, or audits have been finally
resolved.
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Page 8 of 12
19. Limitations.
Nothing in this Agreement shall be construed as limiting or expanding the statutory
responsibilities of the parties or as requiring the parties to expend any sum in excess of its
appropriations.
20. Force Majeure.
No party to this Agreement will be held responsible for delay or default caused by terrorism,
pandemics, natural disasters, riots, acts of god and/or war that is beyond the reasonable
control of the parties.
21. Severability.
Each provision of this Agreement is intended to be severable, and if any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the
validity of the remainder of this Agreement.
22. Amendment, Assignment & Waiver Provisions.
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid unless it is made in writing, signed by the party or parties to be
bound, or the duly authorized representatives thereof, and specifies, with particularity, the
nature and extent of such amendment, modification, or waiver.
The failure of either party at any time to require performance by another party of any
provisions of this Agreement will in no way affect the party’s subsequent rights and
obligations under that provision, and waiver by any party of the breach of any provision of
this Agreement will not be taken or held to be a waiver of any succeeding breach or as a
waiver of any provision.
23. Integration & Binding Effect.
This Agreement, together with any subsequent amendments or addendums, constitutes the
entire agreement of the Parties and no other understandings, oral or otherwise, regarding this
Agreement shall exist or bind any of the Parties.
This Agreement is binding on the Parties and their respective successors and assigns,
provided that this Section shall not be deemed to permit any transfer or assignment otherwise
prohibited by this Agreement.
This Agreement is for the exclusive benefit of the parties and it does not create a contractual
relationship with, or exist for the benefit of, any third party, including contractors,
subcontractors, or their sureties.
24. Choice of Law.
This Agreement and the rights of the parties will be governed and interpreted in accordance
with the laws of the State of Washington and venue for any action will be in King County,
Washington; provided, however, that it is agreed and understood that any applicable statute
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Page 9 of 12
of limitation will commence no later than the substantial completion by the Provider of the
services.
Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs
and attorneys’ fees generated by any dispute arising out of this Agreement.
25. Notices, Reports & Correspondence.
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or deposited
in the United States mail, postage prepaid, by certified mail, return receipt requested, and
addressed, if to a party of this Agreement, to the address for the party set forth above, or if to
a person not a party to this Agreement, to the address designated by a party to this
Agreement.
All notices, reports, and correspondence will be sent to:
City of Auburn
Auburn City Hall
Attn: Jamie Thomas
25 West Main
Auburn, WA 98001-4998
(253) 931-4009
Fax (253) 288-3132
The Auburn Food Bank
Auburn Food Bank
Attn: Debbie Christian
930 18th Pl SE
Auburn, WA 98002
(253) 833-8925
Fax (253) 833-1332
26. Signature Authority.
This Agreement may be executed in counterparts, each of which will be one and the same
Agreement and will become effective when one or more counterparts have been signed by
each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
Nancy Backus, Mayor
Date
AUBURN FOOD BANK
By
Title
Federal Tax ID #
Date
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
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Page 10 of 12
SCOPE OF SERVICES
Exhibit A
The Auburn Food Bank will provide support staff for low-barrier daytime services and a night
shelter for unsheltered residents living in Auburn during the term of the Agreement. The
provision of shelter shall not be conditioned upon participation in religious activities or subject to
other religious requirement, nor limited to a certain duration for each individual.
Day Center
Hours of Operation. The Auburn Food Bank agrees to provide the daytime shelter services
summarized above, from the hours of 7 AM and 8:30 PM, 7 days a week.
Services. The Auburn Food Bank agrees to permit clients reasonable access to City-provided
telephones for supportive services and legal obligations during the hours of 8 AM and 5 PM,
Monday through Friday.
Staffing. The Auburn Food Bank agrees to provide adequate staffing between 7 AM and 8:30
PM, 7 days a week, to provide daytime services.
In addition to front line staffing, the City of Auburn recognizes the need for management
continuity. The City of Auburn strongly desires and encourages the Auburn Food Bank to hire
an individual capable of performing management duties in the Executive Director’s absence.
The compensation schedule in Exhibit B accounts for an escalated compensation schedule upon
the hire of a shelter employee to assist with management duties.
Individuals Served. Space for a minimum of 26 individuals shall be available daily for
individuals referred by the City of Auburn. Additional space shall be made available for
individuals referred by other agencies with pre-existing arrangements. Other participating
entities must pay an agreed rate for the individuals served.
Night Shelter
Hours of Operation. The Auburn Food Bank agrees to provide nighttime shelter services, from
the hours of 8:30 PM – 7 AM, 7 days a week.
Services. The Auburn Food Bank agrees to provide a low-barrier overnight housing in the
building located at 2802-2818 Auburn Way North in Auburn. Clients will be provided with 1
cot and 1 blanket.
Staffing. The Auburn Food Bank agrees to provide adequate staffing between 8:30 PM – 7 AM,
7 days a week, to provide daytime services.
Page 133 of 188
Page 11 of 12
In addition to front line staffing, the City of Auburn recognizes the need for management
continuity. The City of Auburn strongly desires and encourages the Auburn Food Bank to hire
an individual capable of performing management duties in the Executive Director’s absence.
The compensation schedule in Exhibit B takes into account an escalated City of Auburn
compensation upon the hire of a shelter employee to assist with management duties.
Individuals Served. Space for a minimum of 26 individuals shall be available daily for
individuals referred by the City of Auburn. Additional space shall be made available for
individuals referred by other agencies with pre-existing arrangements. Other participating
entities must pay an agreed rate for the individuals served.
Page 134 of 188
Page 12 of 12
COMPENSATION
EXHIBIT B
The City of Auburn’s Compensation is based on the minimum space that shall be made available
to clients referred to the day center and night shelter by the City of Auburn. The City of Auburn
recognizes that there are other community partners that may also refer clients to the either the
day center and/or night shelter. In those circumstances, the City highly encourages the Auburn
Food Bank to pursue formal funding agreements for clients served from those referring partners.
1. Compensation for Current Operations
a. The City of Auburn’s total annual contribution, for both shelters, will total three
hundred and ten thousand dollars ($310,000). The minimum space available for
the City of Auburn shall be 26 individuals during the day and 26 individuals at
night, for a total of 52 clients served per day. This is roughly 75% of the total
capacity for the day and night shelter combined. Therefore, the City’s
contribution is set to account for 75% of the total estimated annual shelter
operation costs.
b. The City shall pay the Auburn Food Bank in quarterly installments, with
payments due January 1, April 1, July 1, and October 1. Quarterly installment
payments will total seventy-seven thousand five hundred dollars ($77,500).
c. The first payment due in this agreement shall be due July 1, 2023.
2. Compensation for Enhanced Operations
a. As identified in the Scope of Services in Exhibit A, the City highly encourages
the Auburn Food Bank to hire an additional employee capable of performing
management duties in the Executive Director’s absence.
b. To compensate the Auburn Food Bank for the additional cost of hiring a new
management-level employee, the City of Auburn’s annual compensation will total
three hundred and fifty-five thousand dollars ($355,000).
c. The increased compensation will begin in the month a new management-level
employee is hired and the quarterly payments will be prorated accordingly.
d. The City shall pay the Auburn Food Bank in quarterly installments, with
payments due January 1, April 1, July 1, and October 1. Quarterly installment
payments will total eight-eight thousand seven hundred and fifty dollars
($88,750).
Page 135 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5716 (Tate)
Date:
May 26, 2023
Department:
Community Development
Attachments:
Res olution No. 5716
Res olution 5716 Attachment A 2024 Work Plan
and Budget
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5716.
Background for Motion:
The 2024 SKHHP work plan and budget is consistent with the Interlocal Agreement between
Auburn, Burien, Covington, Des Moines, Federal Way, Maple Valley, Normandy Park, Renton,
Tukwila, and King County.
The 2024 SKHHP work plan and budget operationalizes the agreed upon priorities by the SKHHP
Executive Board to implement the Interlocal Agreement by acting cooperatively to formulate
housing policies and strategies that address housing stability, foster efforts to preserve and
provide affordable housing by combining public funding and private-sector resources, and support
implementation of other local policies and programs relating to affordable housing.
Background Summary:
The South King Housing and Homelessness Partners (SKHHP) was established through an
interlocal agreement between nine South King County cities and King County to work together
and share resources to increase options for South King County residents to access
affordable housing and preserve existing affordable housing. Consistent with the SKHHP
Interlocal Agreement, the SKHHP 2024 work plan and budget must be approved by each
legislative body and adopted by the SKHHP Executive Board.
Every year, an annual work plan and budget is developed in collaboration with the SKHHP
Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the
coming year. Pursuant to the SKHHP Interlocal Agreement, each participating jurisdiction must
approve SKHHP’s annual budget and work plan. The 2024 draft work plan was developed
through surveys to the Executive and Advisory Boards on their priorities in February and an
interactive in-person workshop with the Executive Board in March. The draft 2024 work plan was
then reviewed with the SKHHP Advisory Board on April 6, 2023, and the Executive Board at their
regularly scheduled meeting on April 19, 2023. Feedback was incorporated. A revised draft was
shared with the Executive Board to review with member Councils as needed.
The 2024 work plan includes four goals with corresponding objectives and action items. Each
action item is prioritized as higher, medium, or lower priority. Indicators are included to measure
progress on the goals. The four goals include the following:
Page 136 of 188
1. Fund the expansion and preservation of affordable housing
2. Develop policies that expand and preserve affordable housing
3. Serve as advocate for South King County
4. Manage operations and administration
The 2024 SKHHP operating budget totals $419,158, supporting two full-time staff, and includes
itemization of all categories of budgeted expenses and itemization of each jurisdiction’s
contribution, including in-kind services. Operating revenues originate from SKHHP member
contributions. Contributions are proposed to increase 15% annually for each member city through
2026 as approved by the Executive Board in July 2021 to work towards a balanced budget.
These projected numbers assume no additional staff would be added. Member contributions are
based on population size accordingly:
Population tier 2023
Contribution
2024
Contribution
2025
Contribution
2026
Contribution
<10,000 $5,290 $6,084 $6,996 $8,045
10,001 – 35,000 $9,919 $11,407 $13,118 $15,085
35,001 – 65,000 $19,838 $22,814 $26,236 $30,172
65,000 –
100,000
$34,385 $39,543 $45,474 $52,295
100,000+$44,965 $51,710 $59,466 $68,386
Expenses impacted by inflation are proposed to increase by 5% in 2024, including salaries and
benefits. SKHHP continues to spend down the fund balance from cost-savings in 2019 and 2020
to mitigate any additional increases to member contributions.
Rev iewed by Council Committees:
Councilmember:Trout-Manuel Staff:Tate
Meeting Date:June 5, 2023 Item Number:RES.B
Page 137 of 188
--------------------------------
Resolution No. 5716
May 26, 2023
Page 1 of 2
RESOLUTION NO. 5716
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE SOUTH KING
HOUSING AND HOMELESSNESS 2024 WORK PLAN AND
2024 OPERATING BUDGET
WHEREAS, on February 19, 2019 the City of Auburn enacted an Interlocal
Agreement (ILA) with 8 other south King County cities and King County to form the South
King Housing and Homelessness Partners (SKHHP); and
WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction
must approve an annual work plan each year to guide the work of SKHHP staff; and
WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction
must approve SKHHP’s annual budget that includes an itemization of all categories o f
budgeted expenses and itemization of each Party’s contribution, including in -kind
services; and
WHEREAS, the purpose of the annual work plan and budget is to provide
management and budget guidance; and implement the overarching SKHHP mission to
work together and share resources to increase the available options for South King
County residents to access affordable housing and to preserve the existing affordable
housing stock; and
WHEREAS, the 2024 work plan includes 4 goals with corresponding action items
that further SKHHP’s mission;
WHEREAS, on May 19, 2023 the SKHHP Executive Board adopted Resolution
2023-01 enacting the 2024 work plan and budget upon approval by the legislative body
of each participating party.
Page 138 of 188
--------------------------------
Resolution No. 5716
May 26, 2023
Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. City Council adopts the SKHHP 2024 Work Plan as shown in
Attachment A.
Section 2. City Council adopts the SKHHP 2024 operating budget as shown in
Attachment A.
Section 3. The City of Auburn will transmit its annual contribution to SKHHP on
an annual basis during the first quarter of the calendar year; and
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 5th day of June, 2023.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 139 of 188
-------------------------------
Resolution No. 2023-01
May 19, 2023
Page 1 of 7
RESOLUTION NO. 2023-01
A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND
HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2024 SKHHP WORK PLAN AND
OPERATING BUDGET
WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves
an annual work plan and budget each year to guide the work of SKHHP staff; and
WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an
itemization of all categories of budgeted expenses and itemization of each Party’s contribution,
including in-kind services; and
WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will
be transmitted to each participating jurisdiction for approval by their legislative body; and
WHEREAS, the budget will not become effective until approved by the legislative body of
each jurisdiction and adopted by the SKHHP Executive Board; and
WHEREAS, if a party does not approve the work plan or budget in a timely manner, the
Executive Board may adopt the budget and work plan with a two-thirds majority vote; and
WHEREAS, the purpose of the annual work plan and budget is to provide management
and budget guidance, and implement the overarching SKHHP mission to work together and
share resources to increase the available options for South King County residents to access
affordable housing and to preserve the existing affordable housing stock; and
WHEREAS, the 2024 work plan includes four goals with corresponding action items that
further SKHHP’s mission.
NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows:
Section 1. The Executive Board adopts the 2024 SKHHP Work Plan in Attachment A.
Section 2. The Executive Board adopts the 2024 SKHHP Operating Budget in Attachment B.
Section 3. Each party’s contribution to SKHHP’s operating budget will be transmitted on an
annual basis during the first quarter of the calendar year.
Section 4. This Resolution will take effect and be in full force upon approval by the legislative
body of each participating jurisdiction.
Dated and Signed this __22nd_day of _____May, 2023
_________________________
NANCY BACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS
Page 140 of 188
-------------------------------
Resolution No. 2023-01
May 19, 2023
Page 2 of 7
RESOLUTION 2023-01 – ATTACHMENT A
SKHHP 2024 WORK PLAN
PURPOSE
Establish a 2024 SKHHP work plan and budget that is guided by Executive Board priorities, is
consistent with the SKHHP Interlocal Agreement, and furthers SKHHP’s mission.
BACKGROUND
Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to
increase options for South King County residents to access affordable housing and preserve existing
affordable housing. The 2024 SKHHP work plan builds on work done in previous years and was
developed in collaboration with the Executive Board, Advisory Board, and staff work group.
The work plan is organized into four goals with corresponding objectives and action items. Each action
is identified by priority as follows:
• Higher – Identified as higher priority by Executive Board or is necessary to carry out the Interlocal
Agreements
• Medium – Identified as mid-level priority
• Lower – Identified as lower priority
Quarterly budget and progress reports on the status of the work plan elements will be submitted to the
SKHHP Executive Board and the legislative body of each member jurisdiction as follows:
Quarter 1: May | Quarter 2: August | Quarter 3: November | Quarter 4: February
In accordance with the Interlocal Agreement, the 2024 SKHHP work plan and budget will be approved
by the SKHHP Executive Board and the legislative body of each member jurisdiction.
SKHHP MISSION
South King County jurisdictions working together and sharing resources to create a coordinated,
comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and
producing and preserving quality affordable housing in South King County.
GOALS & OBJECTIVES
Number Goal Objective
1 Fund the expansion and
preservation of affordable housing.
Coordinate public resources to attract
greater private and public investment for
affordable housing in South King County.
2 Develop policies to expand and
preserve affordable housing.
Share technical information and resources
to promote sound housing policy.
3 Serve as advocate for South King
County.
Provide a unified voice to advocate for
South King County needs at a local,
regional, and state level.
4 Manage operations and
administration.
Sustain operational commitments and
Interlocal Agreement requirements.
Page 141 of 188
-------------------------------
Resolution No. 2023-01
May 19, 2023
Page 3 of 7
Goal 1
Fund the expansion and preservation of affordable housing.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
1. Develop a long-term funding strategy for the Housing Capital Fund and
facilitate conversations with member jurisdictions to identify and
explore dedicated sources of revenue for affordable housing at the
local and regional level.
•••
2. Pool resources from member jurisdictions for the Housing Capital Fund,
including SHB 1406 and HB 1590 funds.
•••
3. Manage 2023 Housing Capital Fund funding round including facilitating
approval from participating Councils and preparing contract
documents.
•••
4. Manage 2024 Housing Capital Fund funding round including adopting
annual guidelines, updating application materials, soliciting proposals,
and facilitating project selection.
•••
5. Encourage investment by private investors, lenders, and philanthropies. •••
6. Work with member cities and project sponsors to start developing a
pipeline of projects to be funded over the next five years.
••
Indicators
o Number of housing units or number of projects funded with financial support from SKHHP
o Number of housing units preserved with financial support from SKHHP
o Total dollar amount pooled by member jurisdictions for Housing Capital Fund
o Total dollar amount from new sources of revenue added to the Housing Capital Fund
o Geographic diversity of applications received for annual Housing Capital Fund funding round
Page 142 of 188
-------------------------------
Resolution No. 2023-01
May 19, 2023
Page 4 of 7
Goal 2
Develop policies to expand and preserve affordable housing.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
7. Develop subregional housing preservation strategies and facilitate
implementation.
•••
8. Facilitate technical assistance and updates to the Affordable Housing
Inventory Dashboard.
•••
9. Build relationships with developers to learn from their perspective the
ways to encourage housing development, especially affordable housing.
••
10. Continue to refine and update housing policy matrix. •
11. Convene land use planners to increase coordination and collaboration
on housing policy and planning.
•
12. Develop SKHHP Executive Board briefings on key housing and
homelessness topics, especially as they relate to the goals of the work
plan.
•
Indicators
o Number of preservation policies explored with members of the Executive Board
o Successful update of data and deployment of the Affordable Housing Inventory Dashboard
o Number of relationships built with developers
o Number of Executive Board briefings on key housing and homelessness topics
Page 143 of 188
-------------------------------
Resolution No. 2023-01
May 19, 2023
Page 5 of 7
Goal 3
Serve as advocate for South King County.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
13. Coordinate with the Advisory Board in collaboration with housing
organizations and stakeholder groups to provide education and
engagement opportunities for elected officials and community
members.
••
14. Work collaboratively with public funders at the state and local levels to
promote shared affordable housing goals and equitable geographic
distribution of resources.
••
15. Produce public-facing communications content that highlights South
King County through social media and newsletters.
•
16. Represent SKHHP at relevant local and regional meetings and forums
that help advance SKHHP’s mission and provide a voice for increasing
access to safe, healthy, and affordable housing in South King County.
•
Indicators
o Number of events or engagement opportunities Advisory Board members organize or
support
o Number of communications published
o Number of meetings, forums, or events attended that advance SKHHP's mission
Page 144 of 188
-------------------------------
Resolution No. 2023-01
May 19, 2023
Page 6 of 7
Goal 4
Manage operations and administration.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
17. Develop annual work plan and budget. •••
18. Generate and distribute quarterly progress reports to SKHHP Executive
Board and member jurisdictions.
•••
19. Work with administering agency to maintain records and produce
regular financial reports for the SKHHP Housing Capital Fund and SKHHP
Operating Account.
•••
20. Organize and host monthly Executive and Advisory Board public
meetings.
•••
21. Manage the Affordable Housing Inventory Dashboard contract. •••
22. Maintain and update the SKHHP website. ••
23. Advance work on SKHHP Foundation efforts to establish logistics,
administration, and pursue federal nonprofit status.
••
Indicators
o Work plan and budget adopted
o Quarterly progress reports prepared and presented to Executive Board
o Financial reports and public records maintained
o Commitments of the Affordable Housing Inventory Dashboard contract fulfilled
o Website maintained
o Application submitted for SKHHP Foundation 501c3 status
Page 145 of 188
-------------------------------
Resolution No. 2023-01
May 19, 2023
Page 7 of 7
RESOLUTION 2023-01 – ATTACHMENT B
2024 SKHHP Operating Budget
Estimated beginning fund balance - January 1, 2024 $ 205,736
Estimated ending fund balance -December 31, 2024 $ 144,877
REVENUES Auburn $ 39,543
Burien $ 22,814
Covington $ 11,407
Des Moines $ 11,407
Federal Way $ 51,710
Kent $ 51,710
Maple Valley $ 11,407
Normandy Park $ 6,084
Renton $ 51,710
Tukwila $ 11,407
King County* $ 51,710
Additional King County* $ 23,290
Interest earnings $ 2,100
Office space (in-kind donation) $ 12,000
TOTAL REVENUES $ 358,299
Spend down balance $ 60,859
TOTAL $ 419,158
EXPENSES Salaries and benefits $ 305,344
Interfund IT $ 31,500
Advisory Board compensation $ 14,400
Office space (in-kind donation) $ 12,000
Other professional services/Misc. $ 6,400
Travel $ 5,250
Professional development $ 5,250
Supplies $ 2,000
Subtotal $ 382,144
Administering agency - 10% admin fee** $ 37,014
TOTAL $ 419,158
*King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner
jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year.
**10% administrative fee is calculated as a percentage of operating costs which excludes in-kind donations and carry-forwards.
Page 146 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5717 (Comeau/Caillier)
Date:
May 31, 2023
Department:
Legal
Attachments:
Res olution No. 5717
Exhibit A – Tres pas s Authorization & Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5717.
Background for Motion:
The properties covered in this Agreement have been a nuisance to the City’s residents, users
of the Library, Les Gove Park, and to homes and businesses in the neighborhood. The City
has received numerous calls and complaints about the garbage, junk, overall unsightliness,
and nefarious activities that transpire here. This agreement will grant Auburn Police
Department more authority to police these properties and take necessary enforcement action.
Background Summary:
This agreement replaces a 2015 agreement between the City and King County Library
System (KCLS). Under this new agreement Auburn Police are granted greater authority to
enter into and upon the properties owned and leased by KCLS for the enforcement of
trespassing, loitering, vandalism, theft, drug activity, prostitution and other city and criminal
laws. Because the property is owned and leased by KCLS, it is treated as a private non-city
owned property and therefore, this agreement is required for effective operations.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Comeau/Caillier
Meeting Date:June 5, 2023 Item Number:RES.C
Page 147 of 188
-----------------------------
Resolution No. 5717
May 31, 2023
Page 1 of 2
RESOLUTION NO. 5717
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE CITY TO
ENTER AN AGREEMENT WITH KING COUNTY LIBRARY
SYSTEM (KCLS) FOR CITY LAW ENFORCEMENT SERVICES
ON KCLS PROPERTY
WHEREAS, the King County Library System (KCLS) owns and leases
certain real property within the City (identified by King County Assessor parcel
numbers 192105-9237, 192105-9181, and 192105-9122) that it uses to operate
a library and corresponding vehicle parking facilities;
WHEREAS, KCLS is in need of police services at its property. The City
is able to provide such services to KCLS upon written authorization and
agreement;
WHEREAS, the City and KCLS intend to enter an agreement for police
services at KCLS property on the terms and conditions outlined in a proposed
agreement attached as Exhibit A to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City is authorized to enter an agreement with the King
County Library System (KCLS) for police services at KCLS property on the terms
and conditions outlined in Exhibit A to this Resolution.
Page 148 of 188
-----------------------------
Resolution No. 5717
May 31, 2023
Page 2 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this 5th day of June, 2023.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Page 149 of 188
1 | Page
TRESPASS AUTHORIZATION AND AGREEMENT
THIS AGREEMENT made and entered into on ____________________, by and
between the City of Auburn (including the Auburn Police Department (APD), as an agent of
the City), a municipal corporation under the laws of the State of Washington (the “City”),
and the King County Library System (“KCLS”), an RCW 27.12 library district. The City
and KCLS at times shall be referred to as the “Parties.”
I. RECITALS
WHEREAS, the City owns King County Assessor parcel 192105-9181 (9181). The City’s
Les Gove Park is located on this parcel. In 2010, the City leased a portion of parcel 9181 to
KCLS. KCLS operates a library and corresponding vehicle parking facility that are adjacent
to the park on this leased portion of parcel 9181.
WHEREAS, KCLS owns 2 additional parcels located near 9181: King County Assessor
parcels 192105-9237 (9237) and 192105-9122 (9122). KCLS purchased these 2 parcels
from the City in 2011 through a Joint Parking Development Agreement.
WHEREAS, in 2015 KCLS gave the Auburn Police Department (APD), as an agent of the
City, written authorization to enforce criminal laws on leased portion of parcel 9181. This
authorization did not extend to parcels 9237 or 9122, and KCLS maintained the sole
discretion to terminate the authorization at any time upon written notice to the City and
APD.
WHEREAS, the Parties intend to terminate the 2015 authorization and to replace it with this
Agreement providing the City, and APD, as an agent of the City, written authorization to
enforce criminal laws on all property owned or leased by KCLS in the City, including
parcels: 9181, 9237 and 9122. Doing so will benefit both Parties by ensuring uniform
enforcement across these adjacent parcels and the Les Gove Park campus.
WHEREAS, the Parties agree that public and community access to libraries is essential, and
such afterhours access may include remaining in cars or other vehicles to use public Wi-Fi,
access the afterhours DropBox, and/or using the parking lots for overnight parking as long
as there is no illegal activity associated with the use of the property owned or leased by
KCLS from the City.
NOW, THEREFORE, in consideration of the mutual benefits each party will receive from this
Agreement and other good and valuable consideration, the Parties mutually agree as follows:
Page 150 of 188
2 | Page
II. AGREEMENT
1. Geographic area of KCLS property covered by this authorization Agreement. The
Parties intend that the terms of this Agreement shall extend to and include the following
King County Assessor parcels: 192105-9181 (the portion of this parcel that the City has
leased to KCLS), 192105-9237, and 192105-9122. The geographic area of the Agreement
includes only property owned by KCLS or leased to KCLS from the City. These separate
parcels shall be referred to collectively in this authorization and Agreement as “the
Property.”
2. Authorization to APD to enforce laws on the Property. Under this agreement, KCLS
authorizes APD, as an agent of the City, and its officers to enter into and upon the Property
during hours that it is closed to the public (to include the Property’s publicly accessible
common areas, entrances, lawns, gardens, driveways and parking areas) for the purposes of
enforcing criminal laws on the Property (whether arising under the RCW, the Auburn City
Code, or any other applicable legal authority), and enforcing criminal laws on the Property
(including, but not limited to crimes such as trespassing, loitering, vandalism, theft, drug
activity, prostitution, etc.).
3. No Employment or Agency Relationship: This Agreement does not create any agency
or employment relationship between the Parties. APD, as an agent of the City, does not act on
behalf or as a representative of KCLS in exercising any of its police powers under this
Agreement.
4. Term. This Agreement shall remain in effect unless and until terminated by 10 days’
advance written notice by KCLS to the APD Chief of Police, 340 E. Main St., Auburn, WA
98002.
5. Specific exclusions. This Agreement shall not authorize the City, or APD acting as an
agent to the City, to:
a. Remove persons or vehicles with legitimate and lawful business at the Property, such
as returning library material at the book drop or accessing publicly available Wi-Fi;
b, Enter into the interior of the library building during its closed hours, which shall
require a separate authorization.
6. Indemnification and hold harmless. KCLS shall indemnify and hold harmless the City
and its officers, officials, agents and employees, or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including any
liabilities arising from the legal principles announced in City of Seattle v. Long, by any reason of
or arising out of the negligent act or omission of KCLS, its officers, agents, employees, or any of
them relating to or arising out of the performance of this Agreement. If a final judgment is
rendered against the City, its officers, agents, employees and/or any of them, or jointly against
the City and KCLS and their respective officers, agents and employees, or any of them, KCLS
shall satisfy the same to the extent that such judgment was due to KCLS’s negligent acts or
omissions.
Page 151 of 188
3 | Page
The City, including APD, as an agent of the City, shall indemnify and hold harmless KCLS
and its officers, officials, agents and employees, or any of them from any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including any
liabilities arising from the legal principles announced in City of Seattle v. Long, by any reason of
or arising out of the negligent act or omission of the City, including APD, as an agent of the
City, its officers, officials, agents, employees, or any of them relating to or arising out of the
performance of this Agreement. If a final judgment is rendered against KCLS, its officers,
officials agents, employees, or jointly against the City and KCLS and their respective officers,
agents and employees, or any of them, the City shall satisfy the same to the extent that such
judgment was due to the City’s negligent acts or omissions.
6. Cooperation with investigations and prosecution. KCLS agrees that its agents and
employees will fully cooperate, as legally required, with any police investigation and/or
subsequent litigation, or criminal proceeding, that may arise from this Agreement, including
appearing in court to testify regarding the Agreement.
7. Severability. If any part of this Agreement is found to conflict with applicable laws,
such part shall be inoperative, null and void, but the remainder of the Agreement shall
remain in full force and effect.
8. Jurisdiction and Venue. It is agreed that the jurisdiction and venue for this Agreement
shall be King County, State of Washington.
9. Signing authority. The persons signing below represent that they have the authority to
sign this document on behalf of their respective party and to bind the party to its terms.
IN WITNESS WHEREOF, the City and KCLS have executed this authorization and
Agreement the day and year first above written.
CITY OF AUBURN
By: ______________________
MARK CAILLIER, Chief of Police
KING COUNTY LIBRARY SYSTEM
By: _______________________
Page 152 of 188
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5721 (Council)
Date:
May 24, 2023
Department:
City Council
Attachments:
Res olution No. 5721
2022 Council Rules of Procedure Revis ed 5.22.23
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Resolution No. 5676.
Background for Motion:
The City Council reviews their Rules of Procedure periodically and makes updates as
needed.
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 5, 2023 Item Number:RES.D
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Resolution No. 5721
May 17, 2023
Page 1 of 1 Rev. 2019
RESOLUTION NO. 5721
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL
RULES OF PROCEDURE
WHEREAS, the City Council adopted its Rules of Procedure on February 4, 2004,
which provided that future amendments would be made by resolution; and
WHEREAS, the City Council most recently revised the Rules of Procedure on
September 19, 2022, Resolution No. 5676; and
WHEREAS, the City Council has decided to amend its rules again to implement
current law and to make necessary clarifying changes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Rules of Procedure of the City Council are amended to read in
substantially the same form as the Rules attached hereto 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 5th day of June, 2023.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
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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 FOR REGULAR COUNCIL MEETING AGENDA
4
SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 8
SECTION 5 PRESIDING OFFICER - DUTIES 9
SECTION 6 COUNCILMEMBERS 9
SECTION 7 DEBATES 1211
SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 1312
SECTION 9 VOTING 1514
SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 1514
SECTION 11 PUBLIC HEARINGS AND APPEALS 1716
SECTION 12 DEPUTY MAYOR SELECTION PROCESS 1817
SECTION 13 COUNCIL POSITION VACANCY 2120
SECTION 14 COUNCIL MEETING STAFFING 2221
SECTION 15 COUNCIL RELATIONS WITH STAFF 2221
SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN
ADVISORY BOARDS 2322
SECTION 17 COUNCIL REPRESENTATION AND INTERNAL COMMUNICATION
2726
SECTION 18 TRAVEL AUTHORIZATION 28
SECTION 19 CONFIDENTIALITY 29
SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 29
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RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1
AUTHORITY
The Auburn City Council establishes the following rules for the conduct of Council
meetings, proceedings and business. These rules shall be in effect on adoption by
resolution of Council and until they are amended or new rules are adopted. The Deputy
Mayor will coordinate a review of these rules at least once every calendar year.
SECTION 2
COUNCIL MEETINGS
All meetings of the City Council shall be open to the public and all persons shall be
permitted to attend, both in person and virtually, any meeting of this body, except as
provided in RCW Chapter 42.30. The City Clerk1 is responsible for preparing agendas for
all City Council meetings.2
The City Clerk is responsible for preparing action minutes of all of the Council meetings,
that 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. Regular meetings of the City Council shall be held at 7:00
p.m. on the first and third Mondays of every month in the City Hall Council
Chambers located at 25 West Main Street, Auburn, Washington.3 The regular
meeting location may be changed by a majority vote of the City Council.
A. If 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.
B. The Mayor, as 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 determined and
directed by the Deputy Mayor. The seating arrangement will be decided once every
calendar year.
1The City Clerk may delegate any of the duties in these Rules to staff.
2ACC 2.03.100
3ACC 2.06.010(A), 2.06.020
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[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. Study Sessions of the City Council shall be held at 5:30 p.m. on
the second, fourth and fifth Mondays of every month in the City Hall Council
Chambers located at 25 West Main Street, Auburn, Washington .4 The regular
meeting location, including making the location a virtual forum, for Study Sessions
may be changed by a majority vote of the City Council.
A. If 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.
B. Study Sessions seating arrangement shall be located in the floor space
directly in front of the dais, unless there is a public health emergency in
effect. The table layout for Council and presenters and speakers shall be
to provide for maximum visibility of all attendees. The Deputy Mayor and
the Special Focus Area chairperson for the scheduled focus area per the
agenda shall be at a designated head table. No particular seating
arrangement shall be required for other members of the Council, or for the
Mayor for Study Sessions.
C. The Council shall not take final action at a Study Session. For purposes of
this rule, “final action” by the council means a collective positive or negative
decision, or an actual vote on a motion, proposal, resolution, order or
ordinance.5 Procedural parliamentary motions are not considered final
action.
2.3 Special Meetings. A special meeting of the City Council may be called by the
Mayor or any three members of the Council by written notice delivered to each
member of the Council at least 24 hours before the time specified for the proposed
meeting. Meeting notices shall be delivered by reasonable methods. Those
methods can include email notification in addition to notice on the agency’s website
and principal location. The City Clerk shall provide the written notices. 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 that
meeting has been given by notice to the local press, radio and television that is
reasonably calculated to inform the city's inhabitants of the meeting.6
[See ACC 2.06.040 (1957 code § 1.04.070).]
2.4 Emergency Meetings. Emergency meetings may be called by the Mayor in case
of an emergency. Meeting site notice requirements do not apply.
4 ACC 2.06.010(B), 2.06.020
5 RCW 42.30.020(2)
6 ACC 2.06.040; RCW 35A.12.110
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2.5 Closed or Executive Sessions. A Council meeting that is closed to the public.
Council, the Mayor, City Attorney and authorized staff members and/or consultants
may attend.
Closed and Executive sessions may be held during Regular meetings, Study
Session meetings, and Special meetings of the City Council, and will be
announced by the presiding officer. Closed and Executive session subjects are
limited to considering those matters permitted by State law.7
2.6 Cancellation of Meetings. Meetings may be canceled by the Mayor with the
concurrence of the Deputy Mayor or, in the absence of either, by the Mayor or the
Deputy Mayor, or by a majority vote of the City Council, and proper notice given
by the City Clerk.
2.7 Quorum. Four (4) or more Councilmembers will constitute a quorum for the
transaction of business.
SECTION 3
ORDER OF BUSINESS FOR
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 orde r of
business, for approval by the Mayor, or their designee, provided the approval shall be
exercised in a manner consistent with ACC 2.03.100. A final agenda will then be prepared
by the City Clerk and distributed to Councilmembers as the official agenda for the
meeting.
3.1 The agenda format of the Regular City Council meeting shall be as follows:
A. Call to Order. The Mayor shall call the meeting to order.
B. Land Acknowledgement. The Mayor shall make a land acknowledgement.
C. Public Participation. This is the place in the agenda where the public is
informed on how to participate in the public meeting and/or instructed on
the available options to view the public meeting.
7 RCW 42.30.110(1), 42.30.140
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D. Pledge of Allegiance. The Mayor, Councilmembers and, at times, invited
guests will lead the Pledge of Allegiance.
E. Roll Call. The City Clerk will call the roll.
F. Announcements, Proclamations and Presentations. A proclamation is
defined as an official announcement made by the Mayor or the City Council
regarding a non-controversial event, activity or special interest group which
has a major city-wide impact.
G. 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.
H. Agenda Modifications. Changes to the Council’s published agenda are
announced at this time.
I. Public Hearings and Appeals. Individuals may comment on public
hearing and appeal items by submitting written comments to the City Clerk
in advance of the public hearing or by participating in the forum designated
by the public hearing notice. However, if an appeal is a closed-record
appeal, the matter shall be considered only based on information, evidence
and documents in the record. Argument on the appeal shall refer only to
matters, information, documents and evidence presented at the underlying
hearing from which the appeal is taken, and no new information, evidence
or documents may be added, and argument on the appeal may only deal
with information, evidence and documents in the record. The presiding
officer will state the public hearing and/or appeal procedures before each
hearing.
J. Public Comment. Members of the public may comment on any matter
related to City business under the Public Comment portion of the meeting
agenda. Section 10 of these Rules sets forth the procedures for receiving
public comments.
K. Correspondence.
L. Council Ad Hoc Committee Reports. Council ad hoc Committee Chairs,
or designee, 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. The Chair of an ad hoc committee must notify the Mayor,
Deputy Mayor, City Clerk, and most senior member of the ad hoc committee
in advance of any anticipated absence.
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M. 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.
N. Unfinished Business. Unfinished business of a general nature that was
considered by Council at a previous business meeting.
O. New Business. Business, other than ordinances and resolutions, that has
not been previously before the City Council and items that are removed from
the Consent Agenda for separate discussion and action. Councilmembers
are encouraged to provide the Mayor or Deputy Mayor information
regarding the topic of any new business 48 hours prior to the Council
meeting.
P. Ordinances.
1. All ordinances shall be in writing. Titles may be read aloud before
the ordinance is voted on. Any councilmember may request a full
reading of the text of a proposed ordinance before the vote on its
adoption. The request for a full reading of an ordinance does not
need to be voted on. However, the request for a reading of the title
of the proposed ordinance, or a full reading of the text of the
proposed ordinance may be waived by a majority of the
councilmembers in attendance at the council meeting.
2. Before any ordinance is considered for adoption by the City Council,
the ordinance shall be included on a Study Session agenda. Council
may waive this rule.
After a motion to adopt an ordinance has been made and seconded, the
Councilmember making the motion is encouraged to give a brief description
of the issues involved with the ordinance, without simp ly repeating the
ordinance title, and may choose to comment on any results of Council
discussion or action regarding the issue.
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Discussion and debate by the City Council on ordinances will be held before
the vote on an ordinance. Councilmembers may approve, reject, or amend
the ordinance, or postpone the action and direct staff to further review the
proposed ordinance.
An ordinance shall be adopted by a vote of at least a majority of the whole
membership of the Council, 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.
Q. Resolutions. All resolutions shall be in writing. Titles may be read aloud
before the resolution is voted on. Any councilmember may request a full
reading of the text of a proposed resolution prior to the vote on its passage.
The request for a full reading of a resolution does not need to be voted on.
However, the request for a reading of the title of the proposed resolution, or
a full reading of the text of the proposed resolution may be waived 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, 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
before 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 or 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.
R. Mayor and Councilmember Reports. The Mayor and Councilmembers
may report on their significant City-related activities associated with their
appointed positions on federal, state, regional, City, and local organizations,
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.
S. Adjournment.
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3.2 Recess. The foregoing agenda may be interrupted for a stated time as called by
the presiding officer to recess for any reason, including closed or executive
sessions.
3.3 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 to allow an item on the agenda to be considered at a
different order or placement in the agenda.
B. Adjustment of Agenda by Presiding Officer. The presiding officer may
adjust the order of items on the agenda, or add items to the agenda if agreed
upon by the Mayor and the Deputy Mayor, subject to being overruled by a
majority vote of the Council.
SECTION 4
COUNCILMEMBER ATTENDANCE AT MEETINGS
4.1 Council Meetings.
A. Councilmembers shall attend all scheduled meetings, including committee
meetings. Councilmembers shall inform the Mayor or the City Clerk if they
are unable to attend any Regular Council meeting, or if they knowingly will
be late to any such meetings, or u nable to stay for the entire meeting.
Councilmembers shall inform the Chair of the committee and the City Clerk
if they are unable to attend a meeting.
A Councilmember will be excused from a meeting if they have submitted a
request to the Mayor or City Clerk in advance of the meeting. Written
requests should be submitted whenever possible, by email. If the request is
made the day of the meeting, it may be made by telephone or in person.
The reason for the request shall be given at the time of the request.
Excessive, continued or prolonged absences may be addressed by the City
Council on a case-by-case basis.
Additionally, Councilmembers shall notify the Deputy Mayor of anticipated
absences.
[See ACC 2.06.050 and RCW 35A.12.060]
B. Councilmembers may participate remotely at Council meetings via
telephone, video conference, or other approved electronic means and
within strict limited circumstances and only as authorized and approved by
the Mayor and with notification to the Mayor, Deputy Mayor, and designated
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City staff prior to noon on the day of the meeting . If a Councilmember
appears remotely for a Council meeting, the Councilmember will use the
City of Auburn approved virtual background. Technical circumstances shall
be considered as to the acceptability of remote attendance. Council prefers
in-person attendance when possible.
C. Remote attendance of the entire council may be permissible when and if a
declaration of emergency is declared locally, regionally, state wide, and/or
nationally that would prohibit in person attendance by councilmembers. The
Mayor shall direct remote attendance of the council as necessary and when
it is in the interest of the City to conduct council business.
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Study Sessions.
A. Councilmembers shall attend all Study Sessions. Councilmembers shall
inform the Mayor or the City Clerk and the Deputy Mayor if they are unable
to attend a Study Session, or if they knowingly will be late to any such
meeting, or unable to stay for the entire meeting. Councilmembers shall
also inform the Chair of ad hoc committees, and Special Focus Areas if
they are unable to attend a such meetings.
A Councilmember will be excused from a meeting if they have submitted a
request to the Mayor or City Clerk and the Deputy Mayor in advance of the
meeting. Written requests should be submitted whenever possible, by
email. If the request is made the day of the meeting, it may be made by
telephone or in person. The reason for the request shall be given at the time
of the request. 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]
B. Councilmembers may participate remotely at Study Sessions under the
same protocol set forth in Section 4.1B-C.
4.3. Ad Hoc Council Committee Meetings. 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, unexcused absences from any Regular or Special meetings,
or Ad Hoc Committee meetings, is a violation of these Rules of Procedure.
4.4 Use of Cell Phones Prohibited. At all meetings of the City Council,
Councilmembers may use their City cell phones and may only use are prohibited
from using cell phones or other personal communication devices in the event of an
emergency, and shall not send or receive and read e-mails, text messages, or any
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other social media postings. All cell phones must remain on silent for the duration
of the meeting.
4.5 Deportment. Councilmembers shall refrain from side conversations with other
individual Councilmembers. Councilmembers shall also refrain from inappropriate
or derogatory body language, comments, or any other actions that detract from
the deportment of the City Council.
SECTION 5
PRESIDING OFFICER - DUTIES
5.1 Conduct of Meetings.
A. The Mayor will preside over all Regular and Special Meetings of the Council.
If the Mayor is absent, the Deputy Mayor will preside. If both the Mayor and
Deputy Mayor are absent, the Senior Councilmember will preside.
B. The Deputy Mayor will preside over Council Study Sessions, other than
those portions for which Special Focus Areas are scheduled. If the Deputy
Mayor is absent, the Special Focus Area Chair will preside. If both the
Deputy Mayor and the Special Focus Area Chair are absent, the Senior
Councilmember will preside.
C. The Chair of a Special Focus Area must notify the Mayor, City Clerk, and
Vice Chair of the Special Focus Area in advance of any anticipated
absence.
The Mayor is encouraged to attend Study Sessions.
5.2 The Presiding Officer:
A. Shall preserve order and decorum at all meetings of the Council and cause
the removal of any person in the audience from any meeting who disrupts
the meeting after having been warned to cease the disruptive behavior.
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. May affix approximate time limits for each agenda item.
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SECTION 6
COUNCILMEMBERS
6.1 Remarks. Councilmembers who wish to speak shall address the presiding
officer, and when recognized, shall confine themselves to the question under
debate.
6.2 Questioning. Any member of the Council, and the Mayor, shall have the right to
question any individual, including members of the staff, on matters related to the
issue properly before the Council for discussion.
6.3 Obligation to the Public Agency. Notwithstanding the right of Councilmembers
to express their independent opinions and exercise their freed om 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 Training. Councilmembers shall 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. This includes initial
orientation after taking office, and other required or recommended training.
6.5 Participation in Committees, Agencies and Organizations. To better represent
the interests of the City of Auburn, Councilmembers are encouraged to participate
in assignments to local, regional, state and national committees, agencies and
organizations.
SECTION 7
DEBATES
7.1 Speaking to the Motion. No member of the Council, or 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. The Presiding Officer shall recognize Councilmembers in the order in
which they request the floor. The Councilmember who made a motion shall be
permitted to speak to it first. The presiding officer may also allow discussion of an
issue before stating a motion when such discuss ion would facilitate wording of a
motion.
7.2 Interruption. No member of the Council, or the presiding officer, shall interrupt or
argue with any other member while such member has the floor, other than the
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presiding officer’s duty to preserve order during meetings as provided in Section
5.2.A of these rules.
7.3 Courtesy. Members of the Council and 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 public, 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 Challenge to Ruling. Any member of the Council shall have the right to challenge
any action or ruling of the presiding officer, in which case the decision of the
majority of the members of the Council present shall govern.
SECTION 8
PARLIAMENTARY PROCEDURES AND MOTIONS
8.1 Unless specifically provided in these rules, all City Council meeting discussions
shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED (latest
edition).
8.2 If a motion does not receive a second, it dies. Matters that do not constitute a
motion (and for which no second is needed) include nominations, withdrawal of
motion by the person making the motion, request for a roll call vote, and point of
order or privilege.
8.3 A motion that receives a tie vote fails. Except where prohibited by law, the Mayor,
as presiding official, shall be allowed to vote to break a tie vote.
8.4 Motions shall be stated in the affirmative. For example, “I mo ve to approve” as
opposed to “I move to reject.” 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 a motion that
Councilmember shall so advise the City Council, shall remove and absent
themselves from the deliberations and considerations of the motion, and shall have
no further participation in the matter. The Councilmember should make this
determination before any discussion or participation on the subject matter or as
soon thereafter as the Councilmember identifies a need to abstain.
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Councilmember may confer with the City Attorney to determine whether the
Councilmember is required to abstain.
8.7 A motion to table is non-debatable and shall preclude all amendments or debates
of the issue under consideration. A motion to table effectively removes the item
without a time certain. A motion to table to a time certain will be considered a
motion to postpone as identified in Section 8.8. To remove an item from the table
requires a two-thirds' majority vote.
8.8 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. To remove an item from postponement
in advance of the time certain requires a two-thirds’ majority vote.
8.9 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.
8.10 A motion to call for the question shall close debate on the mai n 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.
8.11 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.
8.12 Motions that cannot be amended include: Motion to adjourn, lay on the table
(table), roll call vote, point of order, reconsideration and take from the table.
8.13 A point of order can be raised by any member of the governing body. A member
of the governing body can appeal the chair’s ruling. An appeal must be immediate
and must be seconded. The chair will then explain the ruling. The members of the
governing body can debate the matter, each member may speak once. The
members of the governing body will then make a decision on the appeal by a
majority vote.
8.14 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
8.15 Debate of the motion only occurs after the motion has been moved and seconded.
8.16 The presiding officer, City Attorney or City Clerk should repeat the motion prior to
voting.
8.17 When a question has been decided, any Councilmember who voted with the
prevailing side may move for reconsideration at the same, or the next meeting. In
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order to afford Councilmembers who voted with the prevailing side the potential
basis for a motion for reconsideration, Councilmembers who voted with the
prevailing side 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. A
motion for reconsideration is debatable if the motion being reconsidered was
debatable. If the motion being reconsidered was not debatable, the motion for
reconsideration is not debatable.
8.18 The City Attorney shall act as the Council’s parliamentarian and shall advise the
Presiding Officer on all questions of interpretations of these rules which may aris e
at a Council meeting.
8.19 These rules may be amended, or new rules adopted, by a majority vote of the full
Council.
SECTION 9
VOTING
9.1 Voice vote. A generalized verbal indication by the Council as a whole of “aye or
yes” or “nay or no” vote on a matter, the outcome of which vote shall be recorded
in the official minutes of the Council. Silence of a Councilmember during a voice
vote shall be recorded as a “no” vote except where a Councilmember abstains
because of a stated conflict of interest or appearance of fairness issue.
If there is uncertainty as to the outcome of a voice vote, the presiding officer or any
councilmember may ask for a raise of hands for the ayes or nays.
9.2 Roll Call Vote. A roll call vote may be requested by the presiding off icer or by any
Councilmember. The City Clerk shall conduct the roll call vote.
9.3 Abstentions. It is the responsibility of each Councilmember to vote when
requested on a matter before the full Council. A Councilmember may only abstain
from discussion and voting on a question because of a stated conflict of interest or
appearance of fairness.
9.4 Votes by Mayor. Except where prohibited by law, the Mayor, as presiding official,
shall be allowed to vote to break a tie vote.
SECTION 10
COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
10.1 Persons or groups specifically scheduled on a Council meeting agenda may
address the Council in accordance with the speaking times included on the
agenda.
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10.2 Persons or groups that are not specifically scheduled on the agenda may address
the council by filling out a speaker sign-in sheet (available at the City Clerk’s desk
or at a designated location within the council chambers), and (when recognized by
the council) stepping up to the podium and giving their name and address for the
record.
Unscheduled public comments to the Council are subject to the following rules:
1. Remarks will be limited to 3 minutes. The City Clerk shall use a suitable device
to electronically measure speaker time. The presiding officer may make
discretionary exceptions to speaker time restrictions;
2. Speakers may not “donate” their speaking time to any other speaker;
3. Remarks will be addressed to the Council as a whole.
10.3 Meeting interruptions. Any speaker or person who interrupts the orderly conduct
of a meeting may be barred from further participation in the meeting by the
presiding officer, unless permission to continue is granted by a majority of
Councilmembers present. Examples of interruptions under this rule include:
1. failing to comply with an allotted speaking time;
2. committing acts of violence or property destruction;
3. directly or indirectly threatening physical violence against anyone attending the
meeting;
4. interfering with the meeting or with other speakers through vocal interruptions
or disruptive action.
If a meeting interruption occurs, the Presiding Officer sh all address the person(s)
causing the interruption by citing the interrupting conduct, ordering it to stop, and
warning that continuation may result in removal from the meeting.
The Presiding Officer may remove the interrupting person(s) if the conduct persists
after the warning. If removal of the person(s) does not restore the meeting to order,
the Presiding Officer may clear the room of spectators and continue the meeting,
or adjourn the meeting and reconvene it at a different location selected by Council
majority.8
8 RCW 42.30.050
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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 that 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 Council
and respond to questions.
B. A person may speak for three (3) minutes. No one may speak for a second
time until everyone who wishes to speak has had an opportunity to speak.
The presiding officer may make exceptions to the time restrictions of
persons speaking at a public hearing when warranted, in the discretion of
the presiding officer.
C. The City Clerk shall serve as timekeeper during these hearings.
D. After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in further
debate.
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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 a one
year time period, except as provided in Section 12.1, Paragraphs G and H.
Elections will be held no later than the last Council meeting of the year.
A. Any member of the City Council who will have served on the Council for one
year at the beginning for that Councilmember’s terms as Deputy Mayor,
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 the position of Deputy Mayor does not
require a second, and a councilmember may nominate him or herself.
1. Nominations for the position of Deputy Mayor shall be made by
members of the City Council on the dates of election for the Deputy
Mayor position.
2. In connection with the selection of Deputy Mayor, it is strongly
suggested that councilmembers approach the election in an open,
transparent and respectful manner, avoiding anything that
jeopardizes harmony among councilmembers.
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 will be held.
E. The Deputy Mayor shall serve at the pleasure of the Council.
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F. In the event of the absence or unavailability of the Deputy Mayor, the senior
member of the City Council, other than the Deputy Mayor, shall serve as
interim Deputy Mayor until the return of the regular Deputy Mayor.
G. If the designated Deputy Mayor is unable to serve the full term of the
position of Deputy Mayor, the Council shall elect the next Deputy Mayor in
accordance with Section 12 to serve the remainder of the term. If the
appointment is declined the process shall continue until a Deputy Mayor is
designated.
H. In the event that the councilmember selected as Deputy Mayor is unable to
perform the duties of the position of Deputy Mayor, or fails to act in
accordance with the City Council Rules of Procedure, the City Council may,
by a majority vote of the full City Council, remove the Deputy Mayor from
this position, in which case, the Council shall elect the next Deputy Mayor
in accordance with Section 12 to serve the remainder of the term.
[See RCW 35A.12.065.]
12.2 The Deputy Mayor, as the head of the legislative branch of the City, shall perform
the following duties:
A. Intra-Council Relations:
1. Serve as the Chair of the Council Study Sessions;
2. Serve as an ex-officio member of all ad hoc committees of the City
Council. If the Deputy Mayor’s attendance at an ad hoc committee
meeting brings the number of councilmembers attending to four, the
meeting shall comply with the Open Public Meetings Act (RCW
42.30), unless expressly exempted;
3. Assist in new councilmember training including conducting a review
of the rules of procedure with one to two individual councilmembers;
4. Support cooperative and interactive relationships among council
members;
5. Work with Administration to prepare agendas for Council Study
Sessions;
6. Preside over the Study Sessions of the City Council, designate
Special Focus Area chairs, designate Special Focus Area
assignments, and work with the chairs of the Special Focus Areas
on the portions of Study Sessions over which the Special Focus
Areas chairs preside.
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B. Mayor-Council Relations:
1. Help maintain a positive and cooperative relationship between the
Mayor and the City Council;
2. Act as conduit between the Mayor and the City Council on issues or
concerns relating to their duties;
3. Preside over Regular Meetings of the City Council in the absence or
unavailability of the Mayor;
4. In the event of a prolonged absence or incapacitation (a state of
disability that prohibits the function of duties) of the Mayor, the
Deputy Mayor shall perform the duties of the Mayor.
(a) A prolonged absence is defined as requiring a leave of
absence that prohibits the performance of the duties of the
office. Vacation leave for periods up to two weeks, illnesses
requiring an absence of less than two weeks, out of state or
out of country travel lasting not more than two weeks, or other
similar short-term absences shall not be considered
prolonged absences.
(b) In the event of a disaster, emergency, or other similar
circumstance, where the Mayor is out-of-town and unable to
carry out the duties of the office of Mayor, the Deputy Mayor,
in consultation with the Mayor, shall act as Mayor until the
return and availability of the Mayor;
5. The Deputy Mayor shall also stand in on behalf of the Mayor in other
situations as requested by the Mayor;
6. In the performance of the duties of the Mayor, the Deputy Mayor shall
not have authority to appoint, remove, replace, discipline or take
other similar action on any director or employee of the City;
7. The Deputy Mayor shall not have veto authority for actions that may
be taken by the City Council;
8. The Deputy Mayor shall be aware of City, regional and
intergovernmental policies and activities in order to properly execute
the role of Mayor.
C. Intergovernmental and Community Relations:
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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.
D. Other Duties of the Deputy Mayor:
1. In cooperation with the Mayor and Special Focus Area group’s
chairpersons and with assistance from Administration, create and
establish agendas for all study sessions;
2. Serve as liaison to the Junior City Council, participating as a non -
voting member of the Junior City Council, encouraging, guiding and
counseling the members of the Junior City Council in connection with
its duties and assignments;
3. Facilitate any issue related to the conduct and/or actions of
councilmembers that may be inappropriate or that may be in violation
of the Council Rules of Procedure (Section 20.1);
4. Conduct regular and periodic meetings with individual
councilmembers to address councilmember issues, concerns,
legislative processes, councilmember proposals, councilmember
training, and other similar related items;
5. Conduct group meetings with councilmembers, including two on one
meetings with councilmembers on a rotating basis provided that such
meetings shall not have more than two councilmembers at such
meetings. All such meetings at which a quorum of the City Council is
in attendance shall be in compliance with the Open Public Meetings
Act (RCW 42.30), unless expressly exempted.
SECTION 13
COUNCIL POSITION VACANCY OR ABSENCE
13.1 If 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
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ninety (90) day period, the Mayor may make the appointment from among the
persons nominated by members of the Council.
13.2 If there is an extended excused absence or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro Tempore
to serve during the absence or disability.
SECTION 14
COUNCIL MEETING STAFFING
14.1 Department Directors or designees shall attend all meetings of the Council unless
excused by the Mayor.
14.2 The City Attorney, or designee, shall attend all meetings of the Council unless
excused by the Mayor, and shall upon request, give an opinion, either written or
oral, on legal questions. The City Attorney shall act as the Council’s
parliamentarian.
SECTION 15
COUNCIL RELATIONS WITH STAFF
15.1 There will be mutual courtesy and respect from both City staff and
Councilmembers toward each other and of their respective roles and
responsibilities.
15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers
will acknowledge City staff as administering the Council’s policies.
15.3 It is the intent of Council that all pertinent information asked for by individual
Council members shall be made available to the full Council.
15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants, the
processing of development applications or the granting of City licenses or permits.
Councilmembers may, at the request of the Mayor, participate in discussions and
decisions related to these matters.
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 o r 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
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individual Councilmembers from discussing issues with the Mayor or making
individual requests or suggestions to the Mayor. The Mayor shall endeavor to
advise and update the Councilmember(s) on the status or follow-up of such issues.
15.7 All councilmember requests for information, other than requests for legal advice
from the City Attorney’s Office, shall be directed through the Mayor in order to
assign the task to the proper staff. The Deputy Mayor may work with the Mayor’s
designated staff to prepare Study Session agendas and facilitate Study Session
work.
15.8 Any written communication with staff shall also include the Mayor as a recipient.
SECTION 16
COUNCIL STUDY SESSIONS, COMMITTEES
AND CITIZEN ADVISORY BOARDS
16.1 In addition to the regularly scheduled City Council meetings (Regular Council
Meetings) scheduled on the first and third Mondays of the month, City Council shall
regularly schedule Council Study Sessions on the second, fourth and fifth Mondays
of the month for review of matters that would come back before the City Council at
Regular Council Meetings. Different than the format for Regular Council Meetings
(identified in Section 3 hereof), Study Sessions shall be less formal than Regular
Council Meetings and shall give the City Council the opportunity to discuss and
debate issues coming before it for action at Regular Council meetings. The format
for these meetings shall be as follows:
A. General Business Focus and Special Focus Areas.
Study Sessions shall consist of (1) a General Business Focus and (2) a
Special Focus Area in each meeting. The General Business Focus shall be
scheduled first, and shall include agenda items that relate to issues of
general City concern, items that will be coming before the City Council at
upcoming meetings and presentations and reports to the City Council. The
Special Focus Area groups shall, on a rotating basis described below,
commence their portion of the Study Session following the conclusion of the
Study Session General Business Focus, The Special Focus Area groups
shall review matters of Council concern related to their areas of oversight
responsibility. The Special Focus Area groups shall consist of the following:
(1) Public Works & Community Development; (2) Municipal Services; (3)
Community Wellness; and (4) Finance, Technology & Economic
Development. These Special Focus Area groups shall be tasked with
oversight of Council considerations as follows:
1. Public Works & Community Development;
• Utilities
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• Transportation
• Sustainability
• Environmental Protection
• Cultural Arts and Public Arts
• Planning and Zoning
• Permits and Development
• Right of Way Management
• Airport
• Airport Business
2. Municipal Services
• Police
• SCORE Jail
• District Court
• Parks & Recreation
• Animal Control
• Solid Waste
• Emergency Planning
• Multimedia
• Cemetery
3. Community Wellness
• Public Health and Wellness
• Community and Neighborhood Services
• Homelessness and Homeless Prevention
• Housing Quality, Affordability, and Attainability
• Human and Social Services
• Domestic Violence Services
• Community Equity
4. Finance, Technology, & Economic Development
• Equipment Rental
• Facilities
• Innovation and Technology
• City Real Property
• Business Development
• Sister Cities International
Aside from the above Special Focus Area topics, there shall be a Finance ad hoc
Committee to review vouchers and payroll.
.
B. Scheduling of Special Focus Area.
1. The Special Focus Areas shall conduct their portion of the Study
Sessions on 2nd and 4th Mondays of the month on a rotating basis
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such as follows: Public Works & Community Development, then
Municipal Services, then Community Wellness, then Finance &
Economic Development, then Public Works & Community
Development, then Municipal Services, and so on.
2. On 5th Mondays of the Month, Study Sessions will not typically
include any of the above Special Focus Areas, but may include
special topics and issues of general concern to the City Council,
including Council operating arrangements and Council Rules of
Procedure. It is provided, however, that in order for the City Council
to address the matters coming before the City Council, the Mayor
and Deputy Mayor may, as they deem appropriate, insert into any
Study Session any matters calling for City Council consideration and
discussion, regardless of Special Focus Areas.
3. Topics for Special Focus Area consideration (for inclusion in the
Special Focus Area portion of the Study Session agenda) shall be
determined by the Chair of each Special Focus Area along with the
Mayor and the Deputy Mayor, the Vice-Chair, and the designated
departments director(s) for the Special Focus Area. The department
director(s) shall review agenda topics and suggestions by other
Councilmembers of such topics. The Deputy Mayor may review
agenda items and topics with each Special Focus Area chairperson
individually when convenient.
C. Meeting Times
Study Sessions shall be scheduled as set forth in Section 2.2, above.
1. Three to four hours maximum timeframe (goal).
2. Agenda items should relate to future policy-making, strategic
planning or key state or federal issues affecting current or future city
operations.
3. 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.
D. Study Session Meeting Format.9
1. Call to Order.
9 It is the intention of the City Council that Study Sessions shall be televised on the City’s public access
channel if reasonably possible.
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2. Roll Call.
3. Announcements, Reports, and Presentations.
4. Agenda Items for Council Discussion.
5. Ordinances.
6. Special Focus Area (the Chair of the Special Focus Area scheduled
for the Study Session shall preside over this portion of the study
session.). The Vice Chair shall preside over this portion of the study
session in the Chair’s absence.
7. Adjournment.
16.2 The Mayor, the Deputy Mayor or a majority of the City Council may establish ad
hoc committees as may be appropriate to consider special matters that require
special approach or emphasis.
16.3 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.
16.4 The Deputy Mayor shall appoint Councilmembers to Council ad hoc committees,
provided that the Mayor shall appoint members to Council ad hoc commi ttees if
the Deputy Mayor is disabled or precluded from acting in that capacity.
16.5 The Mayor shall appoint Council representatives to intergovernmental councils,
boards and committees.
16.6 Councilmember appointments to intergovernmental councils, boards and
committees, including ad hoc committees, shall be periodically reviewed. All
councilmembers shall have the opportunity to serve on such councils, boards,
and/or committees as assigned by the Mayor and on a rotating basis at the
discretion of the Mayor. Councilmember appointments to intergovernmental
councils, boards, and committees by the Mayor shall be done with consideration
of a councilmember’s expertise, background, knowledge, working experience
and/or education in that council, board, or committee. Ad hoc committee
appointment by the Mayor or Deputy Mayor shall be at their discretion.
16.7 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.
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16.8 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.
16.9 Committee Chairpersons shall have broad discretion in conducting their meetings.
They will generally follow Roberts Rules of Order, Newly Revised.
16.10 Unless otherwise expressly provided for when forming an ad hoc committee, it is
the intention of the City Council that ad hoc committees function informally and not
in any way that takes action in lieu of or on behalf of the full City Council. The
purpose and function of such ad hoc committees shall be to review matters in
advance of their consideration by the full City Council, and perhaps record and
make recommendations to the full City Council. They are not “committees of a
governing body” subject to the requirements of the Open Public Meetings Act
(Chapter 42.30. RCW). Ad hoc committees shall not receive public testimony or
allow audience participation in connection with or related to the agenda item being
discussed by the Committee.
16.11 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
AND INTERNAL COMMUNICATION
17.1 If a Councilmember meets with, attends a meeting or otherwise appears 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 that 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 sai d 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.
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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 gre atest extent possible at
the public meetings, and to avoid even the perception that email is being
used in a way that could constitute a public meeting, e.g., successive
communications on City Council topics that involve a quorum of the
Councilmembers. Councilmembers should refrain from emailing
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming Council
agendas at the public meetings. If Councilmembers wish to share
information with other councilmembers about matters that are on upcoming
agendas, the councilmembers should forward that information to the Mayor
for distribution in the council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the scope
of the City Council’s authority or related to City business, but not yet
scheduled on upcoming Council agendas, to indicate a desire that certain
items be included on upcoming meeting agendas; provided that
Councilmembers shall never ask for responses from the other
Councilmembers in that communication.
C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient/addressee.
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
E. The Deputy Mayor from time to time may need to communicate with all
councilmembers on various items such as the annual review of the Rules
of Procedure. All such correspondence, usually in the form of email, shall
be provided to council as a whole through the Council
Assistant. Any responses from council shall also be directed to the Council
Assistant who shall then provide all councilmembers with email
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correspondence regarding questions, comments, suggestions,
recommendations, or any similar item.
F. City Council email correspondence and all electronic communications shall
utilize the designated city email account or city device with no exceptions
and within the parameters of the Open Public Meetings Act and the Public
Records Act.
17.5 Internet & Electronic Resources/Equipment and Facility 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.”
All letters, memoranda, and interactive computer communication involving
City Councilmembers and members of advisory boards and commissions,
the subject of which relates to the conduct of government or the
performance of any governmental function, are public records.
B. Communications. Each Councilmember is responsible for checking their
communication device multiple times on a daily basis and respond to
requests by City staff as soon as possible.
C. Electronic Communications.
1. For emergency notifications of absences, and n ot planned absences,
Councilmembers shall send an email to
CouncilAlerts@auburnwa,gov to ensure the auto -distribution of
communications to necessary people.
2. Messages that relate to the functional responsibility of the recipient or
sender as a public official constitute a public record. Those 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
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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. Even if a Councilmember uses their personal electronic devices all
electronic communications and documents related to City business
will be subject to discovery demands and public disclosure requests.
D. Use of City Equipment and Facilities.
1. City Councilmembers are provided various tools to assist them in
handling the business of the City in the role as members of the City
Council. These tools include, but are not limited to: (1) an individual
office assigned to each Councilmember in which there is (a) office
furniture; (b) a computer accommodating access to the City’s
computer network and (c) a telephone tied to the City’s telephone
system; (2) and I-Pad or comparable equipment also tied to the City’s
computer system that can be used remotely (not just in the
Councilmember’s office); (3) , an I-Phone or comparable equipment
accommodating mobile communication needs for (a) telephone calls,
(b) emails, and (c) texting; (4) a City badge accommodating physical
access to City Hall facilities and Council Offices; and (5) Council
mailboxes.
2. In order to assure transmittal of information necessary to conduct
business of the City and to avoid Public Records Act liability for the
City and Councilmembers for improper or private equipment use,
Councilmembers shall use the tools identified above to assist them
in being able to receive and work with information related to duties
as councilmembers.
17.6 Council Relations with City Boards and Commissions.
A. Council Liaisons. In addition to 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, on limited occasions or under unusual circumstances, appoint
a Councilmember to serve as a non-member Liaison to a board,
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commission, committee, task force or any other advisory body. Anytime a
Councilmember is appointed as such a Liaison, the position or role of
Liaison is subordinate to that of Councilmember, and the Councilmember’s
responsibility is first and foremost to the City and to the City Council. The
role and responsibility of the Councilmember-Liaison is to keep the City
Council apprised of the activities, positions and actions of the entity or
organization to which the Councilmember has been appointed Liaison, and
not to communicate to the board, commission, committee, task force or
other advisory body a statement as the position of the City Council, except
as authorized or directed by the City Council. Insof ar as a Council Liaison
position does not give all councilmembers equal access to the activities,
functions and information of or about a board, commission, committee, task
force or any other advisory body, 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 any other advisory body would
not be convenient or practical.
B. Reports to the Council. Each board, commission, committee, task force
or any other advisory body of the City shall be requested to present a report
to the City Council at a Regular Meeting or a Study Session of the City
Council, as scheduled by the Mayor or Deputy Mayor. Such reports shall be
scheduled for a Regular Council Meeting or a Council Study Session, and
shall be delivered by the chair of the board, commission, committee, task
force or any other advisory body or designee. The reports shall inform the
City Council of the activities, functions and information with which the board,
commission, committee, task force or any other advisory body has been
involved since the previous report, and shall include the opportunity for
questions by 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 18
TRAVEL AUTHORIZATION
18.1 Value of Council Travel. The Auburn City Council recognizes the need of its
members to attend conferences, trainings, and meetings to broaden their
knowledge of and familiarity with a diverse collection of City-related issues,
including, but not limited to Public Works, Communications, Transportation,
Economic Development, Public Safety and Energy. These conference s also
provide valuable opportunities to network with other city elected officials.
Comparing Auburn's specific issues with those of other cities often provides the
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City Council with established policies already in place in other cities that can be
adapted to meet the specific needs of the City of Auburn, as well as expediently
and efficiently acquainting Auburn City Councilmembers with ideas of how to
address Auburn issues and solve Auburn problems.
18.2 Annual Budget Amounts for Council Travel. To accommodate Council travel,
the Auburn City Council shall allocate an identified amount of money each year in
the City budget process to each Councilmember for City-related travel costs,
including transportation, lodging, meals and registration costs.
18.3 Adjustment of Council Travel Allocations. If a councilmember needs more than
the amount of travel related funds allocated for their use, the councilmember shall
(1) see if there are unused funds available from any other councilmember(s) who
are willing to transfer funds from their account to the councilmember needing
additional travel funds. If so, with the consent of the Deputy Mayor and the other
transferring councilmember(s), funds will be transferred to the requesting
councilmember’s allotment; or (2) shall request a net adjustment to the budget
adding additional funds to their allotment, which adjustment shall be approved by
a majority of the whole City Council.
18.4 Receipts and Travel Documentation. Each City Councilmember shall be
responsible for providing to the Mayor or Finance Director, within ten (10) business
days of returning from City travel, any and all City travel related receipts and
documentation. Quarterly reports of the travel costs incurred by each
councilmember shall be provided by the Finance Department.
SECTION 19
CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive or Closed Sessions and as provided
in RCW 42.23.070, 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
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action of the City Council through sanctions such as votes of censure or letters of
reprimand, and such other action as may be permitted by law.
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City Council Rules of Procedure:
Adopted: February 2, 2004
Ordinance No. 5802
Amended by Resolution No. 4282, December 17, 2007
Amended by Resolution No. 4429, December 15, 2008
Amended by Resolution No. 4467, April 6, 2009
Amended by Resolution No. 4615, July 6, 2010
Amended by Resolution No. 4686, February 22, 2011
Amended by Resolution No. 4740, August 15, 2011
Amended by Resolution No. 4813, May 21, 2012
Amended by Resolution No 4909, February 19, 2013
Amended by Resolution No. 5105, November 3, 2014
Amended by Resolution No. 5112, December 1, 2014
Amended by Resolution No. 5115, December 15, 2014
Amended by Resolution No. 5217, May 2, 2016
Amended by Resolution No. 5240, July 5, 2016
Amended by Resolution No. 5283, February 21, 2017
Amended by Resolution No. 5308, August 7, 2017
Amended by Resolution No. 5367, May 7, 2018
Amended by Resolution No. 5399, December 17, 2019
Amended by Resolution No. 5469, November 4, 2019
Amended by Resolution No. 5543, September 8, 2020
Amended by Resolution No. 5676, September 19, 2022
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