HomeMy WebLinkAbout09-05-2023 City Council AgendaCity Council Meeting
September 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 E 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 Tuesday S eptember 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: 253 215 8782
Toll Free: 877 853 5257
Z oom: https://us06web.zoom.us/j/86228463957
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 .Ronnie B eyersdorf Tribute (Mayor)
B .P olice Promotional Ceremony (Caillier)
Page 1 of 68
C.Constitution Week
Mayor Backus to proclaim September 17, 2023 through September 23, 2023
as "Constitution Week" in the City of A uburn
D.Childhood Cancer Awareness Month
Mayor Backus to proclaim September 2023 as "Childhood Cancer Awareness Month"
in the City of Auburn
E .National Recovery Month
Mayor Backus to proclaim September 2023 as "National Recovery Month" in the City
of Auburn
F.S uicide Prevention Awareness Month
Mayor Backus to proclaim September 2023 as "Suicide P revention Awareness Month"
in the City of Auburn
G.Hispanic Awareness Month
Mayor Backus to proclaim September 2023 as "Hispanic Awareness Month" in the City
of Auburn
H.National Senior Center Month
Mayor Backus to proclaim September 2023 as "National S enior Center Month" in the
City of Auburn
V I .AG E ND A M O D I F IC AT I O NS
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.
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 68
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
B .Correspondence - (T here is no correspondence for Council 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)
2.Council Rules of Procedure Ad Hoc Committee (Chair
Rakes)
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 August 21, 2023, City Council Meeting
B .Minutes of the August 28, 2023, S tudy S ession Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated A ugust 22, 2023 which includes one electronic fund transfer
in the amount of $1,905.05
Claims voucher list dated A ugust 30, 2023 which includes voucher number 473229
through 473391, in the amount of $4,991,659.36, two electronic fund transfers in the
amount of $584.06, and three wire transfers in the amount of $832,864.95
D.P ayroll Voucher (T homas)
P ayroll check numbers 539515 through 539515 in the amount of $615,531.89,
electronic deposit transmissions in the amount of $2,473,409.48, also a special payroll
for missed Parks timecards for payroll check numbers 539516 through 539520 in the
amount of $2,368.46, electronic deposit transmissions in the amount of $592.74, for a
grand total of $3,091,902.57 for the period covering August 17, 2023 to August 30,
2023.
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .NE W B US I NE S S
Page 3 of 68
X I I .O RD INANC E S
A .Ordinance No. 6913 (Gaub)
A n Ordinance granting to MO X Networks, L L C, a Delaware Company, a Franchise for
Dark F iber I nfrastructure
(RE C O M M E ND E D AC T I O N: M ove to approve Ordinance No. 6913.)
X I I I .RE S O L UT IO NS
A .Resolution No. 5735 (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 adopt Resolution No. 5735.)
X I 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.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 4 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 21, 2023, City Council Meeting
Date:
August 28, 2023
Department:
City Council
Attachments:
08-21-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 5, 2023 Item Number:CA.A
Page 5 of 68
City Council Meeting
August 21, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
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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, Cheryl Rakes, and Yolanda Trout-Manuel.
Councilmember Robyn Mulenga was excused.
Department directors and staff members present included: Director of
P ublic Works I ngrid Gaub, Director of Finance J amie Thomas, Chief of
P olice Mark Caillier, Director of Human Resources and Risk Management
Candis Martinson, and Deputy City Clerk Hannah S choll. A cting City
A ttorney Harry B oesche, and Outside Counsel Bob S terbank attended the
meeting virtually.
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
There were no announcements, Mayor's proclamations, or presentations.
V I .AG E ND A M O D I F IC AT I O NS
Resolution No. 5733 was added to the agenda.
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
Page 1 of 5Page 6 of 68
A .P ublic Hearings
1.Public Hearing for MO X Networks, L L C Franchise
Agreement No. F R N22-0004
City Council to hold a Public Hearing to Consider Franchise A greement No.
F R N22-0004 for MO X Networks, L L C
Mayor B ackus opened the Public Hearing at 7:02 p.m. No written
comments were received and no one came forward to speak, she
closed the hearing.
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.
Virginia Haugen 2503 R S T S E
Ms. Haugen expressed concerns regarding demolition of the A uburn
Avenue T heater.
C.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.Council Rules of Procedure Ad Hoc Committee (Chair
Rakes)
Councilmember Rakes, Chair of the Council Rules of P rocedure A d
Hoc Committee, reported the Committee will present a draft version
at the A ugust 28, 2023, Study Session.
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.
Page 2 of 5Page 7 of 68
A .Minutes of the August 7, 2023, City Council Meeting
B .Minutes of the August 14, 2023 Study Session Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated A ugust 16, 2023 which includes voucher number 473071
through 473227, in the amount of $1,348,095.35, three electronic fund transfers in the
amount of $1,023.63, and two wire transfers in the amount of $764,838.55
D.P ayroll Voucher (T homas)
P ayroll check numbers 539510 through 539513 in the amount of $77,216.32,
electronic deposit transmissions in the amount of $2,683,695.74 for a grand total of
$2,760,912.06 for the period covering A ugust 3, 2023 to August 16, 2023
Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded
to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I .NE W B US I NE S S
There was no new business.
X I I .O RD INANC E S
A .Ordinance No. 6916 (Gaub)
A n Ordinance amending Ordinance No. 6839 and extending the deadline to complete
conditions associated with vacating Right-of-Way of a portion of West Main Street,
E ast of L und Road S W, within the City of A uburn, Washington
Councilmember B rown moved and Deputy Mayor J eyaraj seconded to
approve Ordinance No. 6916.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I I .RE S O L UT IO NS
A .Resolution No. 5729 (Hinman)
A Resolution authorizing the Mayor to execute a Grant A greement between the City of
A uburn and Amerigroup Washington, I NC. for promotion and expansion of the City of
A uburn’s Real Emergency Aid Depends on You R.E .A.D.Y.™ Program
Councilmember Trout-Manuel moved and Councilmember Baggett
seconded to adopt Resolution No. 5729.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Page 3 of 5Page 8 of 68
B .Resolution No. 5732 (Caillier)
A Resolution accepting a grant award from the Washington S tate Criminal J ustice
Training Commission for improving Police Officer Wellness
Deputy Mayor J eyaraj moved and Councilmember Rakes seconded to
adopt Resolution No. 5732.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5733 (Caillier)
A Resolution authorizing the Mayor to execute a F acility Use A greement
with Coppergate Apartment, L L C
Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded
to adopt Resolution No. 5733.
Council discussed associated costs, types of use, and access.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I 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
Deputy Mayor J eyaraj reported he attended the K ustom Disaster
Restorations Ribbon Cutting event, and the S wedish Heritage Day event at
Neely Mansion.
Councilmember B aggett attended and reported on the Board of Health
meeting.
Councilmember B aldwin reported she attended the I naugural Race,
Diversity, E quity, and I nclusion (R D E I ) Coalition meeting, and the Swedish
Heritage Day event at Neely Mansion.
Councilmember B rown reported he attended the I naugural R D E I Coalition
meeting. He thanked Director Goodson-Moore and staff for their hard work.
Councilmember Rakes reported she attended the Community Wellness
Committee meeting, A ssociation of Washington Cities Workshop in
L eavenworth, and the Swedish Heritage Day event at Neely Mansion.
Councilmember Trout-Manuel reported she attended the National L eague
of Cities Human Development meeting, National L eague of Cities HE L O
B oard meeting, A uburn Golf Course S and Filling event, and the S wedish
Heritage Day event at Neely Mansion.
Page 4 of 5Page 9 of 68
B .From the M ayor
Mayor Backus reported she hosted the Health T hrough Housing Advisory
Committee on a tour of Dawn's P lace, formerly known as the Clarion Hotel,
met with various King County region board and community members to
discuss the open C E O position with the K ing County Regional
Homelessness A uthority (K C R HA), met with the Mayors of Kent and
Renton to discuss Crisis Care Center locations, met with King County
P rosecuting A ttorney's L eesa Manion and J immy Hung to discuss juvenile
crime and Restorative Community Pathways, and met with
Congresswoman, K im Schrier, to discuss issues in the community. S he
attended the R D E I Coalition meeting, W icked F abrication Annual Car
S how, and Swedish Heritage Day event at Neely Mansion.
X V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:41 p.m.
A P P R O V E D this 5th day of September, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 10 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 28, 2023, Study Session Meeting
Date:
August 28, 2023
Department:
City Council
Attachments:
08-28-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 5, 2023 Item Number:CA.B
Page 11 of 68
City Council Study Session Community
Wellness Special F ocus Area
August 28, 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
Deputy Mayor J eyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet.
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,
L arry B rown, Robyn Mulenga, Cheryl Rakes, and Yolonda Trout-Manuel.
Councilmember K ate Baldwin was excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, Outside Counsel Bob S terbank, Assistant Chief
of P olice Samuel Betz, Director of Community Development J eff Tate,
Director of Public Works I ngrid Gaub, Assistant Director of Engineering
S ervices J acob S weeting, Business Systems A nalyst Chrissy Malave, and
Deputy City Clerk Hannah Scholl.
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
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 .P acific A nnexation, P roperty P urchase, and Potential R C N Grant A pplication (Gaub)
(15 Minutes)
A ssistant Director S weeting provided Council with an overview of the
P otential Partnerships and A nnexation of City of Pacific and City of Auburn
including annexation area, preservation project summaries, estimated
Page 1 of 2Page 12 of 68
costs, safety concerns, potential funding options including the
Reconnecting Communities and Neighborhoods (NC R) Grant. He
discussed the reason for annexation, and next steps.
Council discussed infrastructure, timeline, safety concerns, and the
annexation area. Council thanked staff for their hard work.
B .Resolution No. 5735 (Council)
A Resolution amending the City Council Rules of Procedure
Councilmember Rakes, Chair of the Council Rules of P rocedure A d Hoc
Committee, provided Council with an overview of creation and purpose of
the Committee, and the drafting process.
Council discussed revisions in S ection 13.1. Council thanked Chair Rakes
for her hard work.
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 .Community Needs A ssessment P resentation (Tate) (15 Minutes)
A presentation on the upcoming effort to conduct/update the A uburn Community
Needs Assessment
Councilmember Trout-Manuel Chaired this portion of the meeting.
Director Tate provided Council with an overview of the 2023 Community
Needs Assessment including eligibility, purpose of assessment,
consultants, and next steps.
Council discussed types of service needs within the community, domestic
violence, data gathering, and policy updates.
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 6:09 p.m.
A P P R O V E D this 5th day of September, 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 2Page 13 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
August 15, 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 August 22, 2023 which includes one electronic fund transfer in the
amount of $1,905.05.
Claims voucher list dated August 30, 2023 which includes voucher number 473229 through
473391, in the amount of $4,991,659.36, two electronic fund transfers in the amount of $584.06,
and three wire transfers in the amount of $832,864.95.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:September 5, 2023 Item Number:CA.C
Page 14 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
August 15, 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 539515 through 539515 in the amount of $615,531.89, electronic
deposit transmissions in the amount of $2,473,409.48, also a special payroll for missed
Parks timecards for payroll check numbers 539516 through 539520 in the amount of
$2,368.46, electronic deposit transmissions in the amount of $592.74, for a grand total of
$3,091,902.57 for the period covering August 17, 2023 to August 30, 2023
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:September 5, 2023 Item Number:CA.D
Page 15 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6913 (Gaub)
Date:
July 11, 2023
Department:
Public Works
Attachments:
Ordinance No. 6913 Franchise Agreement No.
FRN22-0004
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Ordinance No. 6913.
Background for Motion:
This Ordinance would allow MOX Networks LLC to install facilities in the public way of West
Valley Highway within the City Limits and provide services for wholesale telecommunications
infrastructure of dark fiber optic cable and telecommunications capacity to its customers
located outside of the city limits. MOX does not intend to provide services to any residents or
businesses inside the city limits.
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or
telecommunications carrier or operator to use public ways of the City and to provide service
to persons or areas inside or outside of the City.
MOX Networks, LLC has applied for a site specific franchise agreement to install dark fiber
infrastructure in the public way of West Valley Highway within the city limits. MOX intends to
provide services for wholesale telecommunications infrastructure of dark fiber optic cable and
telecommunications capacity to its customers located outside of the city limits. MOX does
not intend to provide services to any residents or businesses inside the city limits.
The proposed agreement requires that installation, repairs, upgrades and improvements for
the proposed facilities are permitted and managed through the City’s permitting processes.
The proposed agreement would be valid for a term of 15 years.
A staff presentation was given at the August 14, 2023 Study Session discussing draft
Ordinance No. 6913. A Public Hearing to consider this application and hear public comment
was held before the City Council on August 21, 2023, in accordance with Auburn City Code
20.04.040.
Ordinance No. 6913 authorizes Franchise Agreement No FRN22-0004 with MOX Networks,
LLC subject to the terms and conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Page 16 of 68
Councilmember:Brown Staff:Gaub
Meeting Date:September 5, 2023 Item Number:ORD.A
Page 17 of 68
------------------------------
Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 1 of 17
ORDINANCE NO. 6913
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
MOX NETWORKS, LLC, A DELAWARE COMPANY,
A FRANCHISE FOR DARK FIBER
INFRASTRUCTURE
WHEREAS, MOX Networks, LLC (“Franchisee”) has applied for a non-
exclusive Franchise for the right of entry, use, and occupation of certain public
ways within the City of Auburn (“City”), expressly to replace, install, erect, operate,
maintain, repair, relocate and remove its facilities in, on, over, under, along and/or
across those public ways; and
WHEREAS, following proper notice, the City Council held a public hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the information presented at such public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City to grant the franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this agreement and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with the definitions set
forth in this Agreement and in Auburn City Code 20.02.020. If there is a conflict
between any of the definitions set forth in this Franchise and the definitions set
forth in Auburn City Code 20.02.020, the definitions in this Agreement shall govern
to the extent of such conflict.
A. “ACC” means the Auburn City Code.
B. “Franchise Area” means the public way of West Valley Highway
within the city limits.
C. “Franchisee’s Facilities” means dark fiber optic cable in an existing
1.5-inch conduit located within a multiple conduit route in the Franchise Area,
including an undivided interest in certain ducts, manholes, handholes, and vaults
serving the conduit route in the Franchise Area.
Page 18 of 68
------------------------------
Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 2 of 17
D. “Franchisee’s Services” means wholesale telecommunications
infrastructure of dark fiber optic cable and telecommunications capacity provided
by the Franchisee using Franchisee Facilities in the Franchise Area and offered
for sale, lease, or to be otherwise utilized by Franchisee’s clients and customers
located outside the City of Auburn. Franchisee’s Services do not include
telecommunications services to residents or businesses inside the City limits.
Franchisee’s Services will not include the provision of “cable services”, as defined
by 47 U.S.C. §522, as amended, for which a separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area, located within the incorporated area of the City. Franchisee may
locate the Franchisee’s Facilities within the Franchise Area subject to all applicable
laws, regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Franchisee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, public ways, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Franchisee acknowledges its use of the Franchise Area shall have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City shall reserve an easement for public utilities within
that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 3 of 17
Franchisee may continue to operate any existing Franchisee Facilities under the
terms of this Franchise for the remaining period set forth under Section 4.
G. The Franchisee agrees that its use of Franchise Area shall at all
times be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. The Franchisee agrees to provide the City with complete contact
information for any client, lessee, sub-lessee, customer, or other entity that
Franchisee allows to utilize, control, access, or otherwise provides services to, who
will also use the Franchisee Facilities to provide services to their clients and
customers either inside or outside the City limits. Such contact information shall
be provided to the City a minimum of sixty (60) days prior to the start of such
anticipated use so that the City may determine if Franchisee’s client, lessee, sub -
lessee, customer, or other entity is required to obtain a franchise agreement with
the City prior to such use. If the client, lessee, sub-lessee, customer, or other entity
is required to obtain a franchise agreement with the City, then the Franchisee shall
not allow use, control, access, or otherwise provide services to such entity until the
required franchise agreement has been obtained.
I. If it at any time it is discovered that Franchisee’s Facilities or
Franchisee’s Services are invalid or unauthorized this Franchise shall be null and
void and Franchisee will be required to remove all Franchisee Facilities from the
Franchise Area immediately upon notification from the City and an opportunity to
cure, unless otherwise approved by the City per the provisions of Section 12. Such
removal shall be subject to required permits.
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City. Any communication
made by e-mail or similar method will not constitute notice pursuant to this
Agreement, except in case of emergency notification.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 4 of 17
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Franchisee
Attn: Allen Meeks
2040 E Mariposa Avenue
El Segundo, CA 90245
Telephone: 1-844-215-9500
Email Address: Allen@moxnetworks.com
with a copy to: Franchisee
Attn: Denise C. Clayton, General Counsel
Email Address: denise@moxnetworks.com;
legal@moxnetworks.com
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Agreement.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: MOX NETWORK OPERATIONS
CENTER (NOC) 1-855-669-6621- (7x24x365).
Section 4. Term of Agreement
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Agreement.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Section 5. Acceptance of Franchise
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 5 of 17
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four items will collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
will be the effective date of this Franchise.
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 28 of this Agreement, the City’s grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee’s Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee as provided for in Chapter 35.99 RCW.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the city the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within 24 hours, the City may, at its sole discretion, remove
such debris and charge the Franchisee for the cost thereof. This section does not,
in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require other permits as necessary from the City.
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 6 of 17
Section 7. Trench Repair for Street Restorations.
A. At any time during the term of this Franchise, if a Franchisee Facility
or trench within the Franchise Area causes a street to crack, settle, or otherwise
fail, the City will notify Franchisee of the deficiency and Franchis ee agrees to
restore the deficiency and repair the damage within thirty (30) days of written notice
by the City.
B. For purposes of the Section, “street” shall mean all City owned
improvements within a public way, including, but is not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic
control devices.
Section 8. Repair and Emergency Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances. The Franchisee
will notify the City telephonically during normal business hours (at 253 -931-3010)
and during non-business hours (at 253-876-1985) as promptly as possible, before
such repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Franchisee’s emergency contact
phone number for corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee will reimburse the City for the City’s actual cost of
performing emergency response work.
Section 9. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe condition, the property shall
then be returned to the condition it was in immediately prior to being damaged (if
the safe condition of the property is not the same as that which existed prior to
damage). All repair work shall be performed and completed to the satisfaction of
the City Engineer.
Section 10. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed or in place prior in time to Franchisee’s application for a
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 7 of 17
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances or tangible property, then the
Franchisee’s Facilities will have priority. These rules governing preference shall
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee’s Facilities. Such relocations will be governed by Section 11 and
Chapter 35.99 RCW.
B. Franchisee will maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by Chapter 35.99 RCW.
Pursuant to the provisions of Section 15, Franchisee agrees to protect and save
harmless the City from any customer or third -party claims for service interruption
or other losses in connection with any such change, relocation, abandonment, or
vacation of the public way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 8 of 17
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Franchisee’s Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee’s activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee’s Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s data base system, including
the City’s Geographic Information System (GIS) data base. Franchisee will keep
the City informed of its long-range plans for coordination with the City’s long-range
plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Section 15. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business, or from any activity, work or thing done,
permitted, or suffered by Franchisee arising from or in connection with this
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 9 of 17
Franchise Agreement, except only such injury or damage as shall have been
occasioned 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 Franchisee and the City, its officers, officials,
employees, and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Franchisee’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 provisions of this section shall survive the expiration or termination of
this Agreement.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s Facilities
caused by maintenance and/or construction work performed by, or on behalf of the
City within the Franchise Area or any other City road, public way, or other property,
except to the extent any such damage or loss is directly caused by the negligence
of the City, or its agent performing such work.
C. The Franchisee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City’s failure or inability to provide such services, and, pursuant to the terms of
Section 15(A), the Franchisee will indemnify the City against any and all third-party
costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s
failure or inability to provide such services.
Section 16. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Agreement and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the Agreement and use of the public way.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Agreement shall not be construed to limit the liability of the
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 10 of 17
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. The Franchisee shall obtain
insurance of the types and coverage described below:
1. 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 liability, independent contractors, products -
completed operations, personal injury and advertising injury, and liability
assumed under an insured contract. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City
shall be named as an additional insured under the Franchisee’s Commercial
General Liability insurance policy with respect this Franchise Agreement
using ISO endorsement CG 20 12 05 09 if the franchise agreement is
considered a master permit as defined by RCW 35.99.010, or CG 20 26
07 04 if it is not, or substitute endorsement providing at least as broad
coverage.
2. 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.
3. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee’s Commercial General
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee’s Excess or Umbrella Liability
insurance policy.
D. Minimum Amounts of Insurance. The Franchisee shall maintain the
following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 11 of 17
3. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington and employer’s liability
insurance with limits of not less than $1,000,000.00.
4. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee’s Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, and Excess or Umbrella Liability insurance policy or
policies are to contain, or be endorsed to contain, that they shall be primary
insurance as respect to the City. Any insurance, self-insurance, or self-insured
pool coverage maintained by the City shall be excess of the Franchisee’s
insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
G. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, including
limits no less than what is required of Franchisee under this Agreement . The
Franchisee shall ensure that the City is an additional insured on each and every
Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 26.
H. Verification of Coverage. The Franchisee 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 this Agreement. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Agreement and evidence of all subcontractors’
coverage.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within two business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 12 of 17
Agreement, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Agreement.
K. City Full Availability of Franchisee Limits. If the Franchisee 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 Franchisee, irrespective of whether such limits maintained by
the Franchisee are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Franchisee.
L. Franchisee – Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to approval by the City. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise Agreement, Franchisee or its affiliated
parent entity shall comply with the following: (i) Franchisee shall submit a letter to
the City stating which of the above required insurance provisions in this Section 15
Franchisee proposes to self-insure; (ii) provide the City, upon request, a copy of
Franchisee’s or its parent company’s most recent audited financial statements, if
such financial statements are not otherwise publicly available; (ii i) Franchisee or
its parent company is responsible for all payments within the self-insured retention;
and (iv) Franchisee assumes all defense and indemnity obligations as outlined in
Section 15.
Section 17. Financial Security
The Franchisee will provide the City with a financial security in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 20 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee’s liability to the security amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 18. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
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Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 13 of 17
independent contractors of the Franchisee, and all rights and privileges, as well as
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (2) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (3) An application fee in the amount established by the City’s
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee will
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance before transfer does
not waive any right to insist on full compliance thereafter.
Section 19. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Agreement, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Agreement. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will make a good faith effort to achieve a resolution
of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 20. Enforcement and Remedies
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Franchise Agreement No.FRN22-0004
June 2, 2023
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A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this agreement,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Franchisee’s submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty
day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or the Franchisee does not comply with the
specified conditions, the City may, at its discretion, either (1) revoke the Franchise
with no further notification, or (2) claim damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 17 for every
day after the expiration of the cure period that the breach is not cured .
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to provide notice per Section 20.A to
Franchisee of such determination and a 30-day opportunity to cure. If such
operations are not cured within this timeframe, the City may cancel this Franchise
and require the Franchisee to apply for, obtain, and comply with all applicable City
permits, franchises, or other City permissions for such actions, and if the
Franchisee’s actions are not allowed under applicable federal and state or City
laws, to compel Franchisee to cease those actions.
Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and e nforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state stat ute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
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June 2, 2023
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unless, before expiration of that period, the Franchisee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Franchisee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
D. The Franchisee agrees that if at any time the Washington State
Utilities and Transportation Commission (WUTC) determines that Franchisee is
subject to regulation by the WUTC and is required to register with the WUTC,
Franchisee will comply with the WUTC’s requirements. Further, the Franchisee
agrees to provide the City with evidence of Franchisee’s registration with the
WUTC within five (5) business days of completing such required registration.
Section 22. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 23. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 24. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 26. Implementation.
Page 32 of 68
------------------------------
Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 16 of 17
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Agreement
This Agreement, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous Agreements between the parties pertaining to Franchisee's operation of
its Facilities are hereby superseded.
Section 28. 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: APPROVED AS TO FORM
___________________________ ________________________________
Shawn Campbell, MMC, City Clerk Harry Boesche, Acting City Attorney
PUBLISHED: _____________________________________________________
Page 33 of 68
------------------------------
Ordinance No. 6913
Franchise Agreement No.FRN22-0004
June 2, 2023
Page 17 of 17
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
MOX Networks, LLC, for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions and provisions of the Franchise
attached hereto and incorporated herein by this reference.
Franchisee Name_______________________
Address____________________________
City, State, Zip_______________________
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 20__, before me the undersigned, a
Notary Public in and for the State of __________, dul y commissioned and sworn,
personally appeared, __________________ of MOX Networks, LLC, the company
that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that they are authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 34 of 68
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5735 (Council)
Date:
August 30, 2023
Department:
City Council
Attachments:
Res olution No. 5735
Exhibit A - Amended Council Rules of Procedure
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5735 adopting amended City Council Rules of
Procedure.
Background for Motion:
If approved, this Resolution will adopt amendments to the City Council Rules of Procedure.
The Rules of Procedure were most recently amended by Resolution No. 5721 on June 5,
2023.
Background Summary:
The City Council reviews their Rules of Procedure periodically and makes updates as
needed. In July, 2023, the Council created an Ad Hoc Committee on Council Rules of
Procedure. The Ad Hoc Committee met on July 13, 2023, July 21, 2023, and on August 15,
2023, to review and discuss additional amendments to the Rules. The Rules of Procedure
were also reviewed by the City Council during its Study Sessions on July 31 and August 28,
2023.
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 5, 2023 Item Number:RES.A
Page 35 of 68
--------------------------------
Resolution No. 5735
September 5, 2023
Page 1 of 1
RESOLUTION NO. 5735
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 June
5, 2023 via adoption of Resolution No. 5721; 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:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Harry Boesche, Acting City Attorney
Page 36 of 68
Page 1
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 11
SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 12
SECTION 9 VOTING 14
SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 14
SECTION 11 PUBLIC HEARINGS AND APPEALS 15
SECTION 12 DEPUTY MAYOR SELECTION PROCESS 17
SECTION 13 COUNCIL POSITION VACANCY 20
SECTION 14 COUNCIL MEETING STAFFING 21
SECTION 15 COUNCIL RELATIONS WITH STAFF 21
SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN
ADVISORY BOARDS 22
SECTION 17 COUNCIL REPRESENTATION AND INTERNAL COMMUNICATION 26
SECTION 18 TRAVEL AUTHORIZATION 28
SECTION 19 CONFIDENTIALITY 29
SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 29
Page 37 of 68
Page 2
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1
AUTHORITY
Pursuant to RCW 35A.12.120, the Auburn City Council establishes the following rules for
the conduct of Council meetings, proceedings and business, and the maintenance of
order. 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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Page 3
[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 or
presiding officer 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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Page 4
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 in the absence of both, by the presiding officer 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.
D. Pledge of Allegiance. The Mayor, Councilmembers and, at times, invited
guests will lead the Pledge of Allegiance.
7 RCW 42.30.110(1), 42.30.140
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Page 5
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 under lying
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.
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
Page 41 of 68
Page 6
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 simply repeating the
ordinance title, and may choose to comment on any results of Council
discussion or action regarding the issue.
Discussion and debate by the City Council on ordinances will be held before
the vote on an ordinance. Councilmembers may approve, reject, or amend
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Page 7
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 designate d 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.
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.
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Page 8
3.3 Amendment to Agenda. The sequence of handling items on the agenda of a
particular Regular Council Meeting may be amended from the order listed on the
printed/approved agenda as follows:
A. Motion to Suspend the Rules. On a motion by any member and majority
vote, the City Council may suspend the rules to add an item (e.g., under
New Business) or to allow an item on the agenda to be considered at a
different order or placement in the agenda, or to be referred to an upcoming
Study Session agenda (See Rules 2.2 and 16.1).
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 with
notification to the Mayor, Deputy Mayor, and designated 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
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Page 9
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 whe never 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. All cell phones must remain on
silent for the duration of the meeting. Personal communication devices may only
be used in the event of an emergency. Councilmembers shall not send, receive,
read or post e-mails, texts, or social media posts during meetings of the Council.
4.5 Deportment. To the extent feasible, Councilmembers shall utilize language
appropriate to the seriousness of the public legislative matters at hand.
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Page 10
Councilmembers shall address their remarks to the presiding officer, and shall
address elected officials and staff by their title rather than first name, e.g., “Mayor
[surname],” “Deputy Mayor [surname], “Council member [surname]” “Chief
[surname],” or “Director [surname],” as applicable. 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, in which case
the Chair of the Special Focus Area will preside. 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, Deputy 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 interrupts
the meeting after having been warned to cease the interruptive 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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Page 11
SECTION 6
COUNCILMEMBERS
6.1 Remarks. Councilmembers who wish to speak shall address the presiding
officer, and when recognized, shall limit their comments to questions under
consideration.
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 freedom of speech,
Councilmembers should act in a way that reflects positively on the reputation of
the City and of the community. Councilmembers shall also interact with ot her
members of the City Council, the Mayor 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 limi ted 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, and to attend community, regional and state events.
Councilmembers who have confirmed their intent to attend are expected to arrange
their appearance in order to avoid unnecessary expenditure of City funds.
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 discussion 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
presiding officer’s duty to preserve order during meetings as provided in Section
5.2.A of these rules.
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Page 12
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 quest ion 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 move 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.
Councilmember may confer with the City Attorney to determine whether the
Councilmember is required to abstain.
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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 main motion and is not
debatable. This motion must receive a second and fails without a two-thirds' vote;
debate is reopened if the motion fails.
8.11 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
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
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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 officer 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.
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
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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 shall 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
SECTION 11
PUBLIC HEARINGS AND APPEALS
8 RCW 42.30.050
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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.
E. The hearing will then be closed to public participation and open for
discussion among Councilmembers.
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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.
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.
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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 in accordance
with Rule 5.1.B;
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, in accordance with Rules 2.2 and 16.1.B;
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.
B. Mayor-Council Relations:
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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 that exceeds
two weeks (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 that exceeds two weeks 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:
1. Act in absence of Mayor as requested and/or as required;
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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 th at 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 remaining members 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 City Council does
not appoint a person within the ninety (90) day period, the King County Council
may appoint a qualified person to fill the vacancy as provided by RCW
42.12.070(4).
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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 under the
direction of the Mayor.
15.3 It is the intent of Council that all pertinent information asked for by individual
Council members shall be made available to the full Council.
15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants, the
processing of development applications or the granting of City licenses or permits.
Councilmembers may, at the request of the Mayor, participate in discussions and
decisions related to these matters.
15.5 Other than through legislative action taken by the Council as a whole, individual
Councilmembers shall not interfere with the operating rules and practices of any
City department.
15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare
any report that is significant in nature, or initiate any project or study without the
consent of a majority of the Council. This provision, however, does not prohibit
individual Councilmembers from discussing issues with the Mayor or making
individual requests or suggestions to the Mayor. The Mayor shall endeavor to
advise and update the Councilmember(s) on the status or follow-up of such issues.
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15.7 All councilmember requests for information, agenda bills and staff analysis, 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
related materials, 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. Community Wellness
• Health Equity and Wellness
• Neighborhood Services
• Homelessness Prevention
• Social Services
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• Diversity, Equity & Inclusion
• Cultural Arts & Community Events
2. Finance and Internal Services
• Facilities
• Technology
• Property management
• Risk management & Insurance
• Fiscal Sustainability
3. Public Works and Community Development
• Utilities
• Transportation
• Environmental Policy
• Land Use & Development
• Right of Way Management
4. Municipal Services
• Public Safety
• Courts
• Recreation, Museum & Sr Services
• Animal Control
• Emergency Planning
• Cemetery
• Communications
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
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
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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; provided that to the
extent feasible such matters will be scheduled to allow sufficient time
for preparation of relevant background analysis and information
concerning said items and provision to all Council members in
advance of the Study Session.
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, with the matters
to be scheduled to the extent feasible to allow sufficient time for
preparation of relevant background analysis and information
concerning said items and provision to all Council members in
advance of the Study Session. 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.
2. Roll Call.
3. Announcements, Reports, and Presentations.
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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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 committees 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 committe e
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.
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 a s an
advisory committee to the City Council.
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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.
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
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individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember’s role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act, to assure that
communication on agenda items occurs to the greatest extent possible at
the public meetings, and to avoid even the perception that email is being
used in a way that could constitute a public meeting, e.g., successive
communications on City Council topics that involve a quorum of the
Councilmembers. Councilmembers should refrain from emailing
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming Council
agendas at the public meetings. If Councilmembers wish to share
information with other councilmembers about matters that are on upcoming
agendas, the councilmembers should forward that information to the Mayor
for distribution in the council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the scope
of the City Council’s authority or related to City business, but not yet
scheduled on upcoming Council agendas, to indicate a desire that certain
items be included on upcoming meeting agendas; provide d 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
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.
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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 not 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
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.
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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 telephon e
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,
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
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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
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.
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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
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
Amended by Resolution No. 5721, June 5, 2023
Amended by Resolution No. 5735, September 5, 2023
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