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HomeMy WebLinkAbout06-09-2025 Agenda Packet (2) City Council Study Session Municipal Services SFA June 9, 2025 - 5:30 PM City Hall Council Chambers AGENDA CALL TO ORDER PUBLIC PARTICIPATION A. The Auburn City Council Study Session Meeting scheduled for Monday, June 9, 2025, at 5:30 p.m. will be held in person and virtually. Virtual Participation Link: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Zoom, please call the below number or click the link: Telephone: 253 215 8782 Toll Free: 877 853 5257 Zoom: https://us06web.zoom.us/j/81942235985 ROLL CALL AGENDA MODIFICATIONS ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS MUNICIPAL SERVICES DISCUSSION ITEMS A. Project Be Free Update (Caillier) (20 Minutes) AGENDA ITEMS FOR COUNCIL DISCUSSION A. Resolution No. 5821 (Krum) (20 Minutes) A Resolution authorizing the Mayor to execute an Interlocal Agreement among the participating jurisdictions within the Green River, Duwamish River, and Central Puget Sound Watersheds within the Geographic Planning Area of Water Resources Inventory Area 9 B. Fee Schedule Amendment for Recent State Legislation (Gaub/Krueger) (15 Minutes) C. Resolution No. 5836 (Hay) (20 Minutes) A Resolution authorizing the filing of Section 108 Loan Guarantee Application and designating signatories for payment voucher on letter of credit for a Section 108 Guarantee Loan Project Page 1 of 297 D. Ordinance No. 6977 (Krum) (20 Minutes) An Ordinance relating to the Zoning Code, amending Chapter 18.04, Sections 18.02.067, 18.07.020, 18.23.030, 18.25.020, 18.31.130, 18.31.160, 18.46A.070, 18.52.020, and creating new Section 18.31.165 of the Auburn City Code E. Proposed Changes to City Council Rules of Procedure ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office and on the City website (http://www.auburnwa.gov). Page 2 of 297 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Project Be Free Update (Caillier) (20 Minutes) June 9, 2025 Department: Attachments: Budget Impact: Police Auburn Presentation 2025 No Impact. Administrative Recommendation: For discussion only. Background for Motion: Background Summary: Presentation providing an update on Project Be Free. Councilmember: Cheryl Rakes Staff: Mark Caillier Page 3 of 297 Page 4 of 297 Program Overview Alongside partnered police departments CO-RESPONSE Court preparation, counseling, support groups DV ADVOCACY Youth petitions, life coaching, healthy relationship courses YOUTH SUPPORT Where are we at today? Page 5 of 297 2024 Police Department Connections 205 Protection Orders Filed 129 Mental Health Connections 87 Snapshot of services Page 6 of 297 DV Crisis Calls 2025 AUBURN, WA Page 7 of 297 CommunityImpact The whole spectrum. “This organization does incredible work, selfishly I feel like I benefit also as an officer. Often we are the ones that get thrown into really horrible situations and I find myself often feeling crushed. For us to have this ability to ask for help, is really incredible. Really makes it easier for me to sleep at night. Really grateful.” - Officer M. (Auburn) Page 8 of 297 HB 1498 We are proud to announce that HB 1498 has officially been signed into law - a powerful win for communities and first responders. This legislation creates a vital funding source to create new Domestic Violence Co -Responder Programs across Washington State. Effective:7/27/2025 Page 9 of 297 Contact 425.324.5030 PHONE 306 Wells Ave. S. Unit D - Renton, WA ADDRESS projectbefree@outlook.com EMAIL https://project -be-free.com WEB Us Page 10 of 297 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Resolution No. 5821 (Krum) (20 Minutes) A Resolution authorizing the Mayor to execute an Interlocal Agreement among the participating jurisdictions within the Green River, Duwamish River, and Central Puget Sound Watersheds within the Geographic Planning Area of Water Resources Inventory Area 9 June 9, 2025 Department: Attachments: Budget Impact: Community Development WRIA 9 ILA Presentation, Resolution 5821 WRIA 9 ILA 2026, Resolution 5821 - Attachment A $5,389 - 2026 Administrative Recommendation: For discussion only. Background for Motion: Background Summary: RCW 39. 34 authorizes Cities and Counties to enter into Interlocal Agreements (ILA), as necessary, to work together on issues requiring joint action of parties. Since 2000, the City of Auburn has been entering into interlocal agreements or amendments or extensions thereto for participation in Water Resource Inventory Area (WRIA) 9 for the purposes of addressing regional long-term salmon recovery, watershed planning and aquatic conservation efforts. More specifically, the ILA and amendments or extensions have been previously authorized through the approvals of Resolution Nos. 3276 (November 6, 2000), 3376 (August 6, 2001), 3921 (October 17, 2005), 4118 (December 4, 2006), and 5570 (August 3, 2015). The current WRIA 9 ILA expires on December 31, 2025. At its meeting on May 8, 2025, the WRIA 9 Watershed Ecosystem Forum (WEF) unanimously approved a final WRIA 9 ILA for 2026-2035 for consideration by each WRIA 9 city and county. Please find attached Resolution No. 5821 that would give the Mayor the authority to execute the 2026 -2035 ILA. Please also find attached the 2026 -2035 ILA. The City's continued participation in the WRIA 9 Interlocal Agreement affords the City the opportunity to address shared interests in and responsibilities with neighboring jurisdictions pertaining to long- term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds. More specifically, since 2001, the seventeen (17) local governments in the WRIA 9 Interlocal Agreement have interacted in a forum of Page 11 of 297 local governments that has provided a mechanism and governance structure for the joint funding, development, review, and approval of the WRIA 9 Salmon Habitat Plan, Making Our Watershed Fit for a King The Salmon Habitat Plan is the blueprint for meeting the requirements of the federal Endangered Species Act and recovering the Threatened Green River Chinook salmon population. The cost-share of the City's participation in WRIA 9 is identified in the 2026 -2035 Interlocal Agreement. It identifies a 2026 cost-share of $34,389, a portion of which ($29,000) has been previously appropriated by the City Council in its approval of the City of Auburn 2025-2026 Biennial Budget. The remaining cost-share amount of $5,389 is proposed to be covered by previously approved department budget of Community Development. Future costs for the City's participation for the years 2027 -2035 will need be addressed through the City Council's approval of biennial City budgets. The ILA has been reviewed and informed by several of the other ILA Parties over the course of its development, including by the WRIA 9 Management Committee and WEF, and the King County Prosecuting Attorney provided legal review. Exhibit "A" to the ILA specifies the 2026 cost shares for member jurisdictions. Councilmember: Tracy Taylor Staff: Jason Krum Page 12 of 297 Page 13 of 297 Page 14 of 297 Page 15 of 297 Page 16 of 297 Page 17 of 297 Page 18 of 297 Implementation & Adaptive Management of Salmon Habitat Plan Governance Structure – Watershed Ecosystem Forum Funding Mechanism Annual Work Plan & Budget 2001-2006, 2007-2015, 2016-2025 WRIA 9 Watershed Ecosystem Forum Page 19 of 297 Spring-September 2025 Partner approval / Execution Page 20 of 297 Fenster Levee Setback, Auburn Page 21 of 297 Page 22 of 297 Fenster Park, AuburnMill Creek, Auburn Page 23 of 297 Page 24 of 297 Page 25 of 297 -------------------------------- Resolution No. 5821 June 16, 2025 Page 1 of 3 Rev. 2024 RESOLUTION NO. 5821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT AMONG THE PARTICIPATING JURISDICTIONS WITHIN THE GREEN RIVER, DUWAMISH RIVER AND CENTRAL PUGET SOUNDS WATERSHEDS WITHIN THE GEOGRAPHIC PLANNING AREA OF WATER RESOURCE INVENTORY AREA 9 WHEREAS, RCW 39.34 authorizes cities and counties to enter into interlocal agreements, as necessary, to work together on issues requiring joint action of parties; and WHEREAS, since 2000, the City of Auburn has been entering into interlocal agreements or amendments or extensions thereto for participation in WRIA 9 for the purposes described therein, more specifically authorized through the approvals of Resolution Nos. 3276 (November 6, 2000), 3376 (August 6, 2001), 3921 (October 17, 2005), 4118 (December 4, 2006) and 5159 (August 3, 2015); and WHEREAS, the current WRIA 9 ILA expires on December 31, 2025; and WHEREAS, at its meeting on May 8, 2025, the WRIA 9 Watershed Ecosystem Forum (WEF) unanimously approved a final WRIA 9 ILA for 2026-2035 for consideration by each WRIA 9 city and county; and WHEREAS, the City of Auburn wishes to continue participating with neighboring jurisdictions on matters beneficial to the Green River, Duwamish River and Central Puget Sound Watersheds, particularly within the geographic planning area of Water Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas 8, 10 and 15); and Page 26 of 297 -------------------------------- Resolution No. 5821 June 16, 2025 Page 2 of 3 Rev. 2024 WHEREAS, through its continued participation in the ILA attached hereto, the City of Auburn will address shared interests in and responsibilities with neighboring jurisdictions pertaining to long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds through collectively providing for planning, funding and implementation of various activities and projects therein; and WHEREAS, the cost-share of the City’s participation in WRIA 9 is identified in the 2066-2035 interlocal agreement attached hereto with a 2026 cost-share of $34,389.00 of which $29,000 has been previously appropriated by the City Council in its approval of the City of Auburn 2025-2026 Biennial Budget; and WHEREAS, the future costs for the City’s participation for the years 2027-2035 will be addressed through the City Council’s future approval of biennial City budgets. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1.The Mayor is authorized to execute a new interlocal agreement (ILA) between the City and the other participating jurisdictions within the WRIA 9 (Green/Duwamish and Central Puget Sound basin) in a form in substantial compliance with the agreement attached hereto as Attachment “A” and the Mayor is further authorized to negotiate the amounts of future year contributions on behalf of the City during the term of the ILA. Section 2.The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this Resolution. Page 27 of 297 -------------------------------- Resolution No. 5821 June 16, 2025 Page 3 of 3 Rev. 2024 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: ____________________________ Jason Whalen, City Attorney Page 28 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 1 INTERLOCAL AGREEMENT For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, (“WRIA 9”) all political subdivisions of the State of Washington (individually, for those signing this agreement, “Party”, and collectively “Parties”); WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15; WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein; and WHEREAS, the parties recognize their participation in this Agreement demonstrates their commitment to proactively working to address the ESA listing of Puget Sound Chinook salmon; and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-2005 to develop “Making Our Watershed Fit for a King” as approved in 2005 and updated in 2021 (“Salmon Habitat Plan”), contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS, the Parties took formal action in 2005/2006 and 2021/2022 to ratify the Salmon Habitat Plan and Salmon Habitat Plan Update, and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-2005, 2007-2015, and 2016-2025 in implementing the Salmon Habitat Plan; and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services; and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the Endangered Species Act (“ESA”); and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat; and WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management; and Page 29 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 2 WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound; and WHEREAS, the Parties have a strong interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership Action Agenda to restore the Puget Sound; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating salmon recovery planning and actions; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound; NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE GOVERNMENTS: The entities eligible for participation in this Agreement as parties are state, local, and tribal governments, state and local agencies, and special purpose districts within WRIA 9 including: King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any other interested public agencies and tribes that lie fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement (“Party” or “Parties”) are the Parties who sign this Agreement and are the Parties responsible for implementing this Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WRIA 9 Watershed Ecosystem Forum. Page 30 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 3 1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem Forum referred to herein is the cooperative body comprised of the designated representatives of the Parties and a balance of Stakeholders. The WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan including substantive plan amendments recommended as a result of adaptive management or other changed conditions. 1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon Habitat Plan (Salmon Habitat Plan) is the plan developed by the WRIA 9 Watershed Ecosystem Forum and ratified by all Parties for its development and implementation. The Salmon Habitat Plan recommends actions that should be taken to protect and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound Watersheds. The Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven officials of the Management Committee are chosen by the Parties, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the Parties’ behalf. 1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the Parties, in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 9 ILA Parties as it may require, in accordance with the requirements of Chapter 39.34 RCW. 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, and may include but is not limited to environmental and business interests. 2. PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a funding mechanism and governance structure for jointly implementing and adaptively managing the Salmon Habitat Plan. Page 31 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 4 2.2 To serve as the salmon recovery “Lead Entity” as designated by state law (Chapter 77.85 RCW) for WRIA 9, The Lead Entity is responsible for developing a salmon recovery strategy, working with project sponsors to develop projects, convening local stakeholders to annually recommend WRIA 9 salmon habitat restoration and protection projects for funding by the State of Washington Salmon Recovery Funding Board, and representing WRIA 9 in the Puget Sound region and state wide salmon recovery forums. 2.3 To annually recommend WRIA 9 administrative support, projects, and programs for funding by the King County Flood Control District through the District’s Cooperative Watershed Management grant program. 2.4 To provide information for Parties to inform land use planning, regulations, environmental programs, education, and enforcement of applicable codes. 2.5 To develop and articulate WRIA-based positions on policies, legislation, and project proposals that may impact implementation of the Salmon Habitat Plan. 2.6 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. 2.7 To provide a venue for the ongoing participation of community members and other stakeholders to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act response efforts . 2.8 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.9 To provide a mechanism for implementing other multiple benefit habitat, stormwater, surface and groundwater quality, water quantity, floodplain management, and flood hazard reduction projects with other local, regional, tribal, state, federal and non-profit funds as may be contributed to or secured by the Parties and/or Watershed Ecosystem Forum. 2.10 To periodically recommend projects for implementation of planning, engineering, permitting and construction tasks for the Green/Duwamish Ecosystem Restoration Project in partnership with the U.S. Army Corps of Engineers. 2.11 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, governmental entity or water quality policy bodies including the Regional Water Quality Committee. Page 32 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 5 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at least five (5) of the Eligible Governments representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each Party, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years; provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) of the Eligible Governments representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP. The Parties serve as the formal governance structure for carrying out the purposes of this Agreement. 4.1 Each Party except Tacoma shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different elected official or senior staff person. Tacoma’s representative shall be the Tacoma Water Superintendent or designee, which designee shall be a senior staff position. Party representatives shall be responsible for maintaining the Party’s status as an active party by attending WRIA 9 Watershed Ecosystem Forum meetings. A Party representative’s position will be considered vacant on the third consecutive absence and shall not be included in calculating a quorum under Section 5. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the Parties shall meet and choose from among its members, according to the provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the Parties. Representatives of the Fiscal Agent and Service Provider may serve as non-voting ex officio members of the Management Committee. The Management Committee shall act as the executive subcommittee of the Parties, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the Parties for action, consistent with other subsections of this section. Page 33 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 6 4.3 The services cost-shared under this agreement shall be provided to the Parties and the Watershed Ecosystem Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the Parties, pursuant to the voting provisions of Section 5. The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the Management Committee, and this Memorandum of Understanding shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 A subset of the Parties, at such subset’s sole cost, may purchase and cost share services from the Service Provider in addition to the annual cost-shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, the subset of Parties requesting additional services pursuant to Section 4.3.1, and the Chair of the Management Committee, which shall set out the expectations for the additional services to be provided to the subset of the Parties. 4.4 The Parties by October 1 of each year shall establish and approve an annual budget and work plan that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated every third year by the Management Committee. Individual cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such Party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. Tacoma’s cost share will be determined on an annual basis by the Management Committee, and will be included in the annual updates to Exhibit A. The weight accorded Tacoma’s vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma’s cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. Page 34 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 7 4.5 The Parties shall incorporate the negotiated additional cost share and incorporate the services in the annual budget and work plan. The Parties shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The Parties shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every year. 4.7 The Parties may contract with similar watershed forum governing bodies such as the Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this Agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The Parties shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The Parties shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Parties. If unanimous agreement of Parties cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.1.1 No action or binding decision will be taken by the Watershed Ecosystem Forum without the presence of a quorum of active Parties, as specified in Section 4.1. A quorum exists if a majority of the active Parties’ representatives are present at the Watershed Ecosystem Forum meeting, provided that positions left inactive on the Watershed Ecosystem Forum by Parties shall not be included in calculating the quorum. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the Parties, the Parties shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed Watershed Ecosystem Forum action. Page 35 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 8 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the active Parties and by a majority of the weighted votes of the active Parties. 6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The Watershed Ecosystem Forum shall provide information to the Parties regarding progress in achieving the goals and objectives of the Salmon Habitat Plan. Recommendations of the Watershed Ecosystem Forum are to be consistent with the purposes of this Agreement. The Parties may authorize additional advisory bodies to the Watershed Ecosystem Forum such as a technical committee and adaptive management work group. The Watershed Ecosystem Forum shall develop and approve operating and voting procedures for its deliberations, but such procedures do not affect the voting provisions contained in this Agreement for the Parties. 6.2 The Parties shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the Watershed Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the Watershed Ecosystem Forum for further consideration and amendment and thereafter returned to the Parties for decision. 6.3 The Parties shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance of the local government’s legislative body, by at least five Parties representing at least seventy percent (70%) of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat Plan by any regional, state or federal agency, the Parties shall undertake a review for consideration of the remanded changes to the plan. The Parties may include further referral to the Watershed Ecosystem Forum for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party or Stakeholder to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. Page 36 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 9 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the Parties, including all such obligations related to the Parties and Watershed Ecosystem Forum funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the Parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than October 1 of each year of this Agreement, the Parties shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual Parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the Parties shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the Parties pursuant to rules and procedures established and agreed to by the Parties. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. An Eligible Government may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the Parties shall not apply to this section. The Parties and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal Agent. The amount of payment is determined jointly by the existing Parties and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the Parties as of the date the government becomes a new Party. Any government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. 9. TERMINATION. Page 37 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 10 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing body, provides at least sixty (60) days’ prior written notice of its intent to terminate. The terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each remain obligated to meet only their respective share of the obligations of the Parties as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the Parties pro rata based on each Party’s cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing Party if such Party can be identified, and if the Party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by federal law as governing to tribes and state law as to all other Parties , and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys’ fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party’s culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to Page 38 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 11 any Party’s duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the Parties or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party’s governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Page 39 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 12 Approved as to form: CITY OF AUBURN: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF BLACK DIAMOND: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF BURIEN: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF COVINGTON: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Page 40 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 13 Approved as to form: CITY OF DES MOINES: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY ENUMCLAW: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF FEDERAL WAY: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF KENT: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Page 41 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 14 Approved as to form: KING COUNTY: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF MAPLE VALLEY: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF NORMANDY PARK: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF RENTON: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Page 42 of 297 ILA_WRIA9_2026-2034_FINAL.docx Page 15 Approved as to form: CITY OF SEATAC: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF SEATTLE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF TACOMA: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Approved as to form: CITY OF TUKWILA: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ Page 43 of 297 Exhibit A 2025 WRIA Based Cost Share: WRIA 9 Regional Watershed Funding Watershed Ecosystem Forum Approved August 8, 2024 Total:$606,781 1 Algona*0.17%1,372 0.23%$590,936,599.00 0.16%363 0.19%$1,079 1 Algona 2 Auburn*6.80%56,079 5.24%$13,623,563,442.00 5.74%12,710 5.93%$34,389 2 Auburn 3 Black Diamond 0.83%6,880 0.83%$2,159,906,081.00 2.08%4,609 1.25%$7,246 3 Black Diamond 4 Burien 6.37%52,560 4.28%$11,113,591,561.00 2.84%6,292 4.50%$26,092 4 Burien 5 Covington 2.62%21,600 1.75%$4,558,408,175.00 1.75%3,870 2.04%$11,837 5 Covington 6 Des Moines 4.03%33,260 2.55%$6,615,094,232.00 1.78%3,949 2.79%$16,172 6 Des Moines 7 Enumclaw*0.76%6,253 0.58%$1,510,785,781.00 0.91%2,014 0.75%$4,350 7 Enumclaw 8 Federal Way*8.56%70,596 4.32%$11,229,759,643.00 3.63%8,049 5.50%$31,942 8 Federal Way 9 Kent*16.87%139,100 12.88%$33,463,962,407.00 9.74%21,569 13.16%$76,361 9 Kent 10 King County*11.17%92,164 8.54%$22,189,710,471.00 52.75%116,854 24.15%$140,160 10 King County 11 Maple Valley*2.94%24,228 2.09%$5,443,488,799.00 1.51%3,354 2.18%$12,662 11 Maple Valley 12 Normandy Park 0.83%6,840 1.01%$2,612,824,298.00 0.72%1,596 0.85%$4,942 12 Normandy Park 13 Renton*4.49%36,996 4.21%$10,936,234,975.00 2.77%6,131 3.82%$22,170 13 Renton 14 SeaTac 3.85%31,740 2.53%$6,563,915,515.00 1.84%4,071 2.74%$15,884 14 SeaTac 15 Seattle*26.96%222,335 45.22%$117,510,460,706.00 9.00%19,935 27.06%$157,008 15 Seattle 16 Tukwila 2.76%22,763 3.75%$9,757,681,342.00 2.78%6,157 3.10%$17,977 16 Tukwila 100.0%824,768 100.0%$259,880,324,027 100.0%221,524.55 100.0%$580,267 SUBTOTAL +Tacoma $26,514 $606,781 TOTAL NOTES: • Population estimates are based on 2023 OFM April 1st Estimates and 2023 OFM Small Area Estimate Program (SAEP) data for census blocks. • Jurisdictions entirely within a WRIA are assigned the 2023 OFM April 1st Estimate directly. • Jurisdictions that straddle WRIA boundaries are assigned a percent share of the estimate based on a geographic allocation of census blocks. • Parcels are allotted to jurisdictions (cities and unincorporated King County) and WRIAs based on the location of the centerpoint of the parcels. • Assessed value and area (sq. miles) excludes Upper Green River Watershed and Port of Seattle Aviation Division properties * Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WRIA 9 Costs shares, jurisdictional area, population, and assessed value are to be recalculated every three years or if there is a significant annexation per the WRIA 9 interlocal agreement for 2026-2035. Cost shares last updated in 2024 using 2023 data. WRIA 9 JurisdictionAdjusted AV Area % Adjusted AcresWRIA 9 Jurisdiction Population (Pop) % Adjusted Pop Assessed Value (AV) % Cost Share* (2023 Data) 2026-2036 WRIA 9 ILA Page 44 of 297 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Fee Schedule Amendment for Recent State Legislation (Gaub/Krueger) (15 Minutes) June 9, 2025 Department: Attachments: Budget Impact: Public Works Presentation Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The City Fee Schedule requires amendments to address the requirements of Senate Bill 5258 (SB5258) and House Bill 1337 (HB1337), which were signed into Law in 2023. SB5258 modified RCW 82.02.060 to include a requirement that impact fee schedules reflect the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in the housing unit, to produce a proportionally lower impact fee for smaller housing units. HB1337 limits impact fees charged to accessory dwelling units to be no more than 50% of the fee that would be charged to the principal dwelling unit and is codified as RCW 36.70A.681. The City is required to update its Fee Schedule to address the requirement of SB5258 within six months of adopting its Comprehensive Plan. Since the City’s Plan was adopted in December 2024, the Fee Schedule must be updated to incorporate this requirement in June 2025. The amended Fee Schedule will be proposed for adoption with Resolution No. 5833 at the June 16, 2025, City Council Meeting. Councilmember: Tracy Taylor Staff: Ingrid Gaub, Julie Krueger Page 45 of 297 A U B U R N V A L U E S S E R V I C E E N V I R O N M E N T E C O N O M Y C H A R A C T E R S U S T A I N A B I L I T Y W E L L N E S S C E L E B R A T I O NPARKS AND TRAFFIC IMPACT FEE UPDATE FOR RECENT STATE LEGISLATIONCITY COUNCIL STUDY SESSIONJUNE 9, 2025Page 46 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONPARK IMPACT FEESSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONProposed PIFSquare Footage of Dwelling Unit$2,306 0 – 500$3,459 500 – 999$3,920 1,000 – 1,499$4,612 1,500 – 1,999 (Current Base)$5,996 2,000 – 2,499$6,687 2,500 and over (Max $3,344)*ADU (limited to <1,000 SF) SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONTRAFFIC IMPACT FEESSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONTRAFFIC IMPACT FEESSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONTRAFFIC IMPACT FEESProposed RatesCurrent RatesDowntown(per sq ft)General(per sq ft)Downtown(per dwelling unit)General(per dwelling Unit)Housing Type$3.10(Max $5,326.23 per dwelling unit)$3.83 (Max $6,575.61 per dwelling unit)$5,326.23$6,575.61Single Family Detached$3.10(Max $3,229.75 per dwelling unit)$3.83(Max $3,987.34 per dwelling unit)$3,229.75$3,987.34Single Family Attached$2.33(Max $3,054.90 per dwelling unit)$2.87(Max $3,771.48 per dwelling unit)$3,054.90$3,771.48Multi-Family Low Rise$2.14(Max $2,336.10 per dwelling unit)$2.64(Max $2,884.08 per dwelling unit)$2,336.10$2,884.08Multi-Family Mid Rise Fee is 50% of fee that would be paid by principal dwelling unit$2,769.65$3,419.32Accessory Dwelling UnitPage 54 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Resolution No. 5836 (Hay) (20 Minutes) A Resolution authorizing the filing of Section 108 Loan Guarantee Application and designating signatories for payment voucher on letter of credit for a Section 108 Guarantee Loan Project June 9, 2025 Department: Attachments: Budget Impact: Human Services 2025 Section 108 Loan Overview, City of Auburn, WA 108 Application, Resolution No. 5836 Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The City of Auburn is requesting a Section 108 Loan in the amount of three million dollars to support the redevelopment and expansion of the City Resource Center located at 2814, 2816, 2818 Auburn Way North, Auburn, WA in the Christopher neighborhood. The facility as it currently exists does not meet the needs of Auburn residents or fulfill the intended purpose of the space. The Auburn Resource Center is the first of its kind in South King County, offering a unique service model. Each week, its doors open to the community, providing a centralized hub where various non-profit organizations come together to offer services ranging from health care and financial assistance to support housing, ID/document assistance, and access to substance abuse treatment for individuals. Located in North Auburn, the Resource Center is easily accessible via a major bus line and is situated in an area with the highest concentration of extremely low-income households. Over 38% of residents in this region fall below the Housing and Urban Development (HUD) median family income limits. The facility is a single-story building with a total gross area of 29,074 sq. ft., located on a 2.63- acre site, with ample parking space. As part of the redevelopment, the City plans to modify the current space used for the Auburn Resource Center and Community Court. The improvements will include a conference room, private meeting spaces, a reception area, and upgraded, accessible restrooms for clients. Additionally, the renovation will address plumbing, roof, and fire sprinkler systems, electrical upgrades, interior signage, and the creation of new office spaces. Since the site was originally leased by the City, the interior of the leased space has undergone one upgrade and modernization efforts. However, the City Page 56 of 297 lacks funding for the comprehensive redevelopment that is proposed. With the Purchase of the Auburn Resource Center, the City is now able to seek a HUD Section 108 Loan to perform the needed reconstruction repairs to the Resource Center and Community Court Space. Resolution No. 5838 will provide authority to the Mayor to take action necessary to secure financing to perform the needed modifications. Councilmember: Yolanda Trout-Manuel Staff: Kent Hay Page 57 of 297 2025 DRAFT Section 108 Loan Application May 2025 Jody Davison & Kent Hay Page 58 of 297 SUMMARY May 2025 2 2020 – 2024 Consolidated Plan 2025 108 Loan Application •Purchased in December 2024 •Resource Center space is inadequate for the intended purpose •Redevelopment will provide for an additional community meeting and private office space with plans for future lease space to service providers. Page 59 of 297 HUD 108 Loan Application May 2025 3 2020 – 2024 Consolidated Plan 2025 108 Loan Application Jurisdictions can borrow up to five times their Community Development Block Grant allocation Fund uses must meet national objectives. Funds can be used directly by jurisdiction, used as a loan pool, or loaned to a subrecipient Page 60 of 297 National Objectives * May 2025 4 •24CFR 570.703(b) = Rehabilitation of real property owned by the city •24CFR.570.703(m) = Reconstruction, rehabilitation or installation of site or other improvements •24CFR 570.703(i) = installation of public facilities •24 CFR 570.208(a) = Benefit low- and moderate-income person •The facility is located in a qualified census tract, defined as “at least 50% of households have income less than 60% of the Area Median Grose Income Pla •n 2025 108 Loan Application *To remain eligible the court space must be available as a public meeting space Page 61 of 297 Existing Resource Center May 2025 2025 108 Loan Application 5 Page 62 of 297 Existing Community Court Space May 2025 2025 108 Loan Application 6 Page 63 of 297 Planned Redevelopment April 2025 2025 108 Loan Application 7 Page 64 of 297 Loan Request May 2025 8 2025 108 Loan Application REQUEST • The loan request is up to $3 million PURPOSE • Re-development and rehabilitation of the Auburn Resource Center and Community Court Space BALANCE • The funds are drawn on a reimbursement basis. • Final loan balance may be less than the initial request at the conclusion of the project. Page 65 of 297 Loan Overview May 2025 2025 108 Loan Application 9 SPECIFICS • Determined in Underwriting TERM • Up to a 20 Year Term INTEREST • Loan starts with a variable introductory rate. Variable allows early payoff with out penalty. The City can convert to fixed rate later PRINCIPAL • Loan repayment will be from future CDBG entitlement funds Page 66 of 297 10 108 Funding FAQ’s •Relocation of Community Court – Tentative •Relocation of the Resource Center will move to Veterans Park – (Thursdays from 1:30 – 3:30) •Tenant Impacts •No Parking Lot Construction •Anticipated parking adjustments for safe parking and food bank will be needed to accommodate deliveries and construction crews •No anticipated impacts on the business (power/water) •What collateral is required? •The City will commit its annual allocation of HUD funds as collateral •If future HUD allocations are reduced, the city will commit its Human Services Grant funds to make up the difference should HUD funding fall below the annual payment amount Page 67 of 297 Section 108 Loan Application Proposal Redevelopment and Expansion of the Resource Center Auburn, WA June 2025 Page 68 of 297 Auburn, WA Section 108 Loan Application Page | 2 TABLE OF CONTENTS GENERAL INFORMATION ............................................................................................................................................ 1 SECTION I .................................................................................................................................................................... 2 Discussion of the Proposed Activities in the Context of the Applicant’s Community Development Objectives as Included in its HUD Consolidated Plan ................................................................................................................ 2 Requested Amount of Section 108 Assistance .................................................................................................... 2 108 Citizen Participation ..................................................................................................................................... 3 Specific Section 108 Certifications and Other CDBG Certifications to Accompany an Application ..................... 4 SECTION II ................................................................................................................................................................... 4 Project Information............................................................................................................................................. 4 Section 108 Closing ........................................................................................................................................... 12 Form of Assistance ............................................................................................................................................ 12 Information on Organizational Arrangements .................................................................................................. 12 Sources and Uses .............................................................................................................................................. 13 Use of Section 108 Funds ................................................................................................................................. 13 Other Financing Sources ................................................................................................................................... 14 Revenue and Operating Expenses .................................................................................................................... 14 Proposed Repayment Terms............................................................................................................................. 14 Collateral ........................................................................................................................................................... 14 SECTION III PROGRAM REQUIREMENTS ................................................................................................................... 16 Eligible Section 108 Activity and associated citations to 24CFR 570.703 and 24 CFR 570.203 for components of that project ....................................................................................................................................................... 16 Description of CDBG national objective(s) that the project(s)/project components will meet and associated citations to 24 CFR 570.208 .............................................................................................................................. 16 SECTION III: LOAN FUND APPLICATIONS ................................................................................................................... 20 Page 69 of 297 City of Auburn, WA Section 108 Loan Application - Page | 3 GENERAL INFORMATION Applicant: Mayor and City Council of Auburn Amount of Current CDBG Allocation $619,474 Amount Requested (in $1,000 increments) $3,000,000 Applicant Information: Chief Elected Official: The Honorable Nancy Backus, Mayor Address: 25 W. Main Street Auburn, Washington 98001 Email: nbackus@auburnwa.gov City Contact: Kent Hay Human Services Director Address: 25 W. Main Street Auburn, WA 98001 Project Location: 2814 Auburn Way North, Auburn, WA 98002 Email: khay@auburnwa.gov Submitting Agency: City of Auburn Human Services Department Agency Contact: Jody Davison CDBG Program Coordinator 25 W. Main Street Auburn, WA 98001 Email: jdavison@auburnwa.gov Project Location 2814 Auburn Way North Auburn, WA 98002 Applicants Congressional District(s): 8th District Page 70 of 297 City of Auburn, WA Section 108 Loan Application - Page | 4 EXECUTIVE SUMMARY The City of Auburn is requesting a Section 108 Loan in the amount of $3 Million Dollars to support the redevelopment and expansion of the City Resource Center located at 2814, 2816, 2818 Auburn Way North, Auburn, WA in the Christopher neighborhood. Loan proceeds will be used to support direct construction costs and the required financing fees. Loan funds will be administered by the City’s Human Services Department and will be repaid through the agency’s annual Community Development Block Grant (CDBG) allocation. The Human Services Department proposes to close on the loan in the Summer 2025. Funds would be paid over 20 years at a variable interest rate with the understanding that final underwriting will be determined by HUD. Constructed in 1979, the Auburn Resource Center originally was used as a retail space until 2020 when the City began leasing 80% of the property. The City’s leasehold changed the primary uses of the property from retail to service. The City subleased space to the Auburn Food Bank, We Care Daily Clinics and number of other smaller non-profits focusing on providing support services to those experiencing or on the verge of homelessness. In addition, the City established a Community Day and Night Shelter at the property. In December 2024, the City purchased the property for $6.13 million. Figure 1. Ribbon Cutting Ceremony December 2024 Page 71 of 297 City of Auburn, WA Section 108 Loan Application - Page | 5 SECTION I Discussion of the Proposed Activities in the Context of the Applicant’s Community Development Objectives as Included in its HUD Consolidated Plan Support for public facilities is referenced in multiple sections of the City of Auburn’s proposed Consolidated Plan which covers the period of January 2025 – December 2029. Public facility improvements are identified as a priority in the SP- 26 Priority Needs section of the Plan. (See SP 25 Needs Assessment) These improvements are also a specifically stated goal in the Plan. (See SP-45 Goal Summary) The facility as it currently exists does not meet the needs of Auburn residents or fulfil the intended purpose of the space. The images below are of the Resource Center space (left) and the Community Court (right). The space lacks adequate ventilation, lighting, electrical, facilities and private meeting space. Service providers who meet with clients lack privacy as they engage with clients to discuss confidential and private matters. Figures 2-4. Resource Center and Community Court space March 2025 Page 72 of 297 Figure 5 - Outline Denotes the Area Proposed for Remodel Page 73 of 297 Figure 6 – Backside of the Resource Center Page 74 of 297 Figure 7 - Outline in Red Notes Community Court Space with Purple Noting the Resource Center Space Page 75 of 297 City of Auburn, WA Section 108 Loan Application - Page | 9 Requested Amount of Section 108 Assistance The City of Auburn is requesting $3 Million Dollars ($3,000,000) in Section 108 assistance to be used as an investment in rehabilitation of the Auburn Resource Center. 108 Citizen Participation Public involvement in the proposed activities described in this Application began with an initial introduction to the Auburn City Council on April 28th, 2025. A public meeting was held on May 19th to discuss the redevelopment of the city’s Resource Center. The City began the required 30-day notification and public- comment period on the draft Section 108 Loan Application on May 3rd, 2025, by posting a Notice in the Seattle Times, placing the draft on its website and posting a Notice in the Seattle Times on May 22nd, 2025. The draft application was also posted on Speak Up Auburn, an on-line community engagement platform hosted by the City’s Human Services Department. The City held a public hearing on June 9th before the Human Services Committee to allow interested parties to provide input on the project and potential funding. Summary of Public Comments Auburn Received a total of _TBD___ comments Summary of comments or views not accepted and the reasons for not accepting them: __________TBD__________________TBD) A summary of comments and the City’s response:_______TBD__________________________________ (TBD) Specific Section 108 Certifications and Other CDBG Certifications to Accompany an Application The required certifications are attached to this application. Page 76 of 297 City of Auburn, WA Section 108 Loan Application - Page | 10 Figure 5 - Outline Denotes the Area Proposed for Remodel Page 77 of 297 City of Auburn, WA Section 108 Loan Application - Page | 11 SECTION II Project Information Site, Facility Description & Proposed Improvements: Section 108 funds will be allocated for the redevelopment of the Auburn Resource Center, located at 2801-2826 Auburn Way North, Auburn, WA 98002. Originally built in 1979 as retail space, the 29,000 sq. ft. facility transitioned in 2020 when the City began leasing 80% of the property, shifting its primary function from retail to service -oriented uses. In December 2024, the City purchased the property for $6.13 million. The City now subleases portions of the space to the Auburn Food Bank, We Care Daily Clinics, and several smaller non-profits focused on providing support to individuals experiencing or at risk of homelessness. The City also supports the Ray of Hope day shelter and the Sundown night shelter on the premises. The Auburn Resource Center is the first of its kind in South King County, offering a unique service model. Each week, its doors open to the community, providing a centralized hub where various non-profit organizations come together to offer services ranging from health care and financial assistance to support housing, ID/document assistance, and access to substance abuse treatment for individuals. Located in the North Auburn, Resource Center is easily accessible via a major bus line and is situated in an area with the highest concentration of extremely low-Income households. Over 38% of residents in this region fall below the HUD median family income limits. The facility is a single-story building with a total gross area of 29,074 sq. ft., located on a 2.63-acre site, with ample parking space. As part of the redevelopment, the City plans to modify the current space used for the Auburn Resource Center and Community Court. The improvements will include a conference room, private meeting spaces, a reception area, and upgraded, accessible restrooms for clients. Additionally, the renovation will address plumbing, roof, and fire sprinkler systems, electrical upgrades, interior signage, and the creation of new office spaces. Since the site was originally leased by the City, the interior of the leased space has undergone one upgrade and modernization efforts. However, the City lacks funding for the comprehensive redevelopment that is proposed. Page 78 of 297 City of Auburn, WA Section 108 Loan Application - Page | 12 Low Income areas of Auburn, WA, Showing the Centrally Located Resource Center Page 79 of 297 City of Auburn, WA Section 108 Loan Application - Page | 13 Project Schedule Construction on the facility is expected to begin in April of 2026 and will take approximately 9 months to complete. It is anticipated that the Resource Center and Community Court will temporarily relocate to the Les Gove Park facility, another City owned facility, during construction. It is anticipated that the Resource Center will reopen in Dec of 2026 following the completion of construction. The construction contract is expected to be advertised in the Seattle Times and will follow City procurement policies and include Davis-Bacon wage requirements, and BABA. The advertising, review, and award process is anticipated to last five months. Prior to advertising work, the City requires that all funds are committed to the project. To have Section 108 funds available by the estimated Fall of 2025 construction advertising date, the Human Services Department anticipates seeking approval from the City Council to submit a final Section 108 Loan Application in June 2025. The request for board approval will have been preceded by a 30-day public comment period and a public hearing. Part 58 Environmental Review is expected to receive a FONSI Notice in Summer 2025. The table below outlines key dates associated with the proposed construction and renovations: ENVIRONMENTAL REVIEW & RELEASE OF FUNDS ACTIVITY START DATE DURATION Environmental Review Summer 2025 1 Month Release of Draft Application/30-Day Public Comment Period/Review and Incorporation of Comments Summer 2025 30 days HUD Release of Funds Notification Summer 2025 30 days Section 108 APPLICATION REVIEW & APPROVAL ACTIVITY START DATE DURATION City Council Estimates Approval of Department of Human Services Ability to Submit Final Application and Execute Loan Documents Summer 2025 30 days Formal Submission of Draft Section 108 Application for HUD Review Summer 2025 90-120 days PREDEVELOPMENT ACTIVITY START DATE DURATION Geotech Survey Fall 2020 Complete Design Development Spring 2021 Complete FINANCING APPROVAL ACTIVITY START DATE DURATION Approval of Section 108 Application from HUD Summer 2025 120 days Estimates Approval of Section 108 Loan Documents Fall 2025 45 days Page 80 of 297 City of Auburn, WA Section 108 Loan Application - Page | 14 CONSTRUCTION ACTIVITY START DATE DURATION Review & Submission of Permits December 2025 30 days Preparation of Construction Documents Completed Resource Center Closes December 2025 9 months Procurement, Advertise Construction Contract, Review, Award, Notice to Proceed January 2026 Contract Awarded/ Notice to Proceed March 2026 30-45 days Submit Application for Building Permits March 2026 30 days Construction Begins April 2026 Construction Complete April 2026 9-12 months Center Reopens December 2026 Section 108 Closing The City is seeking to close on its financing with HUD in Summer 2025 prior to the start of the public procurement process. An early fall closing will provide sufficient time to satisfy City requirements and finalize construction and bid documents for advertising. Form of Assistance Funds will be made available directly to the Human Services Department. Information on Organizational Arrangements Funds will be accepted by the Human Services Department with project construction managed by the Public Works Department within the City. The City has on-staff inspectors to manage all construction projects. Projects receive a variety of City, state, and federal funds. Recent and current projects with federal funds include the 5th Street Sidewalk Improvement project in 2023 and 2024. Sources and Uses (to be updated) USES Design $50,000 Renovations, Furniture, Equipment & Art $2,922,400 Construction Administration, Management, Inspections $300,000 Section 108 Financing Fee to be paid with Section 108 loan proceeds. $24,600 TOTAL USES $3,000,000 SOURCES Section 108 Loan $3,000,000 TOTAL SOURCES $3,000,000 Page 81 of 297 City of Auburn, WA Section 108 Loan Application - Page | 15 Use of Section 108 Funds $3 million of the Section 108 Loan proceeds will be used towards renovation and new construction costs including: •Bathroom upgrades •Installation of ADA accessible signage •Commercial plumbing fixtures •LED light fixtures •HVAC upgrades •Wall relocation and finishes •Exterior doors •Roof and foundation modifications/repairs •Interior walls/floor/ceiling finishes •Plumbing upgrades •Fixed furnishings •Electrical work Detailed Construction Estimates, along with a construction budget highlighting items that will be paid for with Section 108 Loan funds, can be found at the end of the document and are currently being updated. Revenue and Operating Expenses As a City-owned facility, the Auburn Resource Center offers its services and facility to all members of the public free of charge. Annual operating costs are approximately $1 Million and are included in the City’s Operating Budget. Proposed Repayment Terms The Human Services Department, on behalf of the Mayor and City Council of Auburn, are requesting a Section 108 Loan in the amount of $3 million dollars. The loan would be repaid over 10-20 years, as determined in underwriting, from Auburn’s annual Community Development Block Grant allocation at a variable interest rate. Future loan restructuring may be sought by the City. Auburn understands that final terms and payment amounts are subject to HUD underwriting standards and bond sales, and that the loan repayment amount and loan length may be different from what is being projected. Collateral Subject to appropriations, the borrower shall deposit amounts sufficient to satisfy the necessary account balance within 30 days of the date in which the borrower’s bond rating falls below the minimum bond rating and maintain the necessary account balance until all notes are fully paid and satisfied. Borrower shall only make withdrawals from the debt service reserve account for the purpose of paying Section 108 payment obligations or for the investment of funds into the debt service reserve investment account. If Borrower makes any withdrawals from the debt service reserve account to pay Section 108 payment obligations, then subject to appropriations, borrower shall replenish the debt service reserve account to the necessary account balance within 30 calendar days. Borrower shall not incur, create, assume, or permit to exist, any lien or encumbrance on the debt service reserve account other than as provided in this Contract. “ Page 82 of 297 City of Auburn, WA Section 108 Loan Application - Page | 16 SECTION III PROGRAM REQUIREMENTS Eligible Section 108 activity and associated citations to 24CFR 570.703 and 24 CFR 570.203 for components of that project. The rehabilitation of the Auburn Resource Center is eligible pursuant to Subpart M, Section 570.703 of CFR 24 Housing and Urban Development; Subtitle B. Regulations Relating to Housing and Urban Development; Chapter V; Subchapter C. Section 570.703 (l) which allows for the acquisition, construction, reconstruction, rehabilitation or historic preservation, or installation of public facilities. The payment of credit subsidy costs is eligible under Subpart M at Section 570.712(a). The costs are payable from the grant allocated to the issuer pursuant to the Act (including program income derived therefrom) or from other sources. However, costs are only payable from guaranteed loan funds if the fee is deducted from the disbursement of guaranteed loan funds. Description of CDBG national objective(s) that the project(s)/project components will meet and associated citations to 24 CFR 570.208 Supporting documentation demonstrating how national objectives will be met Example: For LMI area benefit (24 CFR 570.208(a)(1)), please provide maps and census information or survey data on proposed area. The rehabilitation and expansion of the Auburn Resource Center meets the national objective of an activity benefitting low and low to moderate-income persons found in CFR 24 Housing and Urban Development; Part 570 Community Development Block Grants Section 570.208(a)(1)(i). The activity will serve residents citywide which comprises three (4) census blocks groups made up of (21) twenty census tracts. The following table contains the low and moderate-income population tabulations and percentages for each of the census block groups. It also calculates the low and moderate-income percentage of the area in total which is 79.2 percent. Following the block group data is a map of the catchment area that will be served by the project with census tract and neighborhood boundary overlays. Low Low- Mod 1Low- Mod & Med Low- Mod- UNIV Low % Low-mod % State County Tract Block group Neighborhood Names 630 795 955 1,070 58.9% 74.3% 53 33 305.01 1 North Auburn 705 800 1,030 1,045 67.5% 76.6% 53 33 305.01 2 North Auburn 460 620 1,115 1,775 25.9% 34.9% 53 33 305.03 3 North Auburn 515 910 1,235 1,595 32.3% 57.1% 53 33 305.03 2 North Auburn 860 1,055 1,600 1,645 52.3% 64.1% 53 33 305.03 1 North Auburn 190 320 465 590 32.2% 54.2% 53 33 305.04 1 North Auburn 660 925 1,270 1,605 41.1% 57.6% 53 33 305.04 3 North Auburn 625 875 1,230 1,420 44.0% 61.6% 53 33 305.04 2 North Auburn 670 845 1,130 1,215 55.1% 69.5% 53 33 305.04 4 North Auburn 5315 7145 10030 11960 59.7% Poverty Density for the Area 1 CDBG low and moderate-income data - HUD Exchange Page 83 of 297 City of Auburn, WA Section 108 Loan Application - Page | 17 The poverty density for this area is derived dividing the LOWMOD by LOWMODNIV2 Reference Maps Auburn Census Block Map showing the location of the proposed project 3Qualified Census Tract Area in Auburn, Washington Neighborhoods with the greatest low-income populations are the Lea Hill and North Auburn neighborhoods. The Auburn Resource Center is centrally located within these neighborhoods and is easily accessible to Auburn’s most vulnerable populations. The resource center ‘s location is noted with the red x. 2 LOWMODUNIV = Persons with the potential for being deemed Low MOD. Used as a denominator in calculation. 3 Qualified Census Tracts (QCTs) and Difficult Development Areas (DDAs) | HUD USER Page 84 of 297 City of Auburn, WA Section 108 Loan Application - Page | 18 4Draft Construction Estimate (being updated) 4 January 2024 Estimate (currently being updated) Element Element Total Cost Per. SF Foundation $7,235 $1.21 Superstructure $4,500 $.75 Exterior Enclosure $14,800 $2.48 Roofing $5,700 $.95 Exterior Const. $410,787 $68.68 Interior finishes $150,163 $25.11 Plumbing $100,614 $100,614 HVAC $401,575 $67.14 Fire Protection $30,802 $5.15 Electrical $328,498 $54.92 Fixed Furnishing $24,493 $4.10 Demolition $43,733 $7.31 General Cond./Require. $201,636 $33.71 Insurance/Bond $27,321 Cont. Overhead $100,292 $16.77 Escalation $16,683 $2.79 Page 85 of 297 5PROPOSED COMMITMENT SCHEULE Principal Due (date is TBD) Amount: $3,000,000 Loan Amount 3,000,000 Pmt. Amt $266,886.81 Annual Interest Rate 6.25% Extra Pmt. $1,113.19 Loan Period 20 years Total Int. $283,178.78 Payments/Yr 1 Annual Pmt. $268,000 Loan Start 8/1/2026 Total Interest $2,317,932.86 Payment number Payment date Beginning balance Scheduled payment Extra payment Total payment Principal Interest Ending balance Cumulative interest 1 8/1/2026 $3,000,000.00 $266,886.81 $1,113.19 $268,000.00 $80,500.00 $187,500.00 $2,919,500.00 $187,500.00 2 9/1/2026 $2,926,000.00 $266,886.81 $1,113.19 $268,000.00 $85,531.25 $182,468.75 $2,833,968.76 $369,968.75 3 10/1/2026 $2,833,968.76 $266,886.81 $1,113.19 $268,000.00 $90,876.95 $177,123.05 $2,743,091.81 $547,091.80 4 11/1/2026 $2,743,091.81 $266,886.81 $1,113.19 $268,000.00 $96,556.76 $171,443.24 $2,646,535.05 $718,535.04 5 12/1/2026 $2,646,535.05 $266,886.81 $1,113.19 $268,000.00 $102,591.56 $165,408.44 $2,543,943.50 $883,943.48 6 1/1/2027 $2,543,943.50 $266,886.81 $1,113.19 $268,000.00 $109,003.53 $158,996.47 $2,434,939.97 $1,042,939.94 7 2/1/2027 $2,434,939.97 $266,886.81 $1,113.19 $268,000.00 $115,816.25 $152,183.75 $2,319,123.72 $1,195,123.69 8 3/1/2027 $2,319,123.72 $266,886.81 $1,113.19 $268,000.00 $123,054.76 $144,945.23 $2,196,068.96 $1,340,068.93 9 4/1/2027 $2,196,068.96 $266,886.81 $1,113.19 $268,000.00 $130,745.69 $137,254.31 $2,065,323.27 $1,477,323.24 10 5/1/2027 $2,065,323.27 $266,886.81 $1,113.19 $268,000.00 $138,917.29 $129,082.70 $1,926,405.98 $1,606,405.94 11 6/1/2027 $1,926,405.98 $266,886.81 $1,113.19 $268,000.00 $147,599.62 $120,400.37 $1,778,806.36 $1,726,806.31 12 7/1/2027 $1,778,806.36 $266,886.81 $1,113.19 $268,000.00 $156,824.60 $111,175.40 $1,621,981.76 $1,837,981.71 13 8/1/2027 $1,621,981.76 $266,886.81 $1,113.19 $268,000.00 $166,626.14 $101,373.86 $1,455,355.62 $1,939,355.57 14 9/1/2027 $1,455,355.62 $266,886.81 $1,113.19 $268,000.00 $177,040.27 $90,959.73 $1,278,315.35 $2,030,315.30 15 10/1/2027 $1,278,315.35 $266,886.81 $1,113.19 $268,000.00 $188,105.29 $79,894.71 $1,090,210.06 $2,110,210.01 16 11/1/2027 $1,090,210.06 $266,886.81 $1,113.19 $268,000.00 $199,861.87 $68,138.13 $890,348.20 $2,178,348.13 17 12/1/2027 $890,348.20 $266,886.81 $1,113.19 $268,000.00 $212,353.23 $55,646.76 $677,994.96 $2,233,994.90 18 1/1/2028 $677,994.96 $266,886.81 $1,113.19 $268,000.00 $255,625.31 $42,374.69 $452,369.65 $2,276,369.58 19 2/1/2028 $452,369.65 $266,886.81 $1,113.19 $268,000.00 $239,726.89 $28,273.10 $212,642.76 $2,304,642.69 20 3/1/2028 $212,642.76 $266,886.81 $0.00 $212,642.76 $0.00 $13,290.17 $0.00 $2,317,932.86 5 Final Payment amount and interest will be determined in underwiring Page 86 of 297 City of Auburn, WA Section 108 Loan Application - Page | 20 Certification(s) Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities ENTITLEMENT PUBLIC ENTITY CERTIFICATIONS In accordance with the applicable statutes and the regulations governing Section 108 application submission requirements, the undersigned certifies, on behalf of the entitlement public entity and to the best of his or her knowledge and belief, that: 1. It possesses the legal authority to make the pledge of grants required under 24 CFR 570.705(b)(2). 2. It has made efforts to obtain financing for activities described in the application without the use of the loan guarantee, it will maintain documentation of such efforts for the term of the loan guarantee, and it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. 3. It possesses the legal authority to submit the application for assistance under 24 CFR Part 570, Subpart M and to use the guaranteed loan funds in accordance with the requirements of Subpart M. 4. Its governing body has duly adopted or passed as an official act a resolution, motion or similar official action: (a) Authorizing the person identified as the official representative of the public entity to submit the application and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public entity to act in connection with the application to provide such additional information as may be required; and (b) Authorizing such official representative to execute such documents as may be required to implement the application and issue debt obligations pursuant thereto (provided that the authorization required by this paragraph may be given by the local governing body after submission of the application but prior to execution of the contract required by §570.705(b)). 5. Before the submission of its application to HUD, it has: (a) furnished citizens with information required by 24 CFR 570.704(a)(2)(i). (b) held at least one public hearing to obtain the views of citizens on the community development housing needs. (c) prepared its application in accordance with the citizen participation requirements and made the application available to the public. 6. It follows a detailed citizen participation plan that meets the requirements described in 570.704(a)(2). 7. It will affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-3619). 8. In the aggregate, at least 70 percent of all CDBG funds, as defined at §570.3 to be expended during the one, two or three consecutive years specified by the public entity for its CDBG program will be for activities which benefit low-and moderate-income persons, as described in criteria at Page 87 of 297 City of Auburn, WA Section 108 Loan Application - Page | 21 §570.208(a). 9. It will comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low-and-moderate income housing described in §570.606. 10. It will comply with the requirements of 24 CFR 570.200(c)(2) regarding the use of special assessments to recover the capital costs of activities assisted with guaranteed loan funds. 11. (Where applicable, the public entity may also include the following additional certification.)It lacks sufficient resources from funds provided under this subpart or program income to allow it to comply with the provisions of 24 CFR 570.200(c)(2), and it must therefore assess properties owned and occupied by moderate income persons, to recover the non -guaranteed loan funded portion of the capital cost without paying such assessments in their behalf from guaranteed loan funds; 12. It will comply with the other provisions of title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.) and with other applicable laws. City of Auburn, Washington _____________________ Nancy Backus, Mayor _____________________ Date Page 88 of 297 City of Auburn, WA Section 108 Loan Application - Page | 22 Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities SECTION 108 LOAN GUARANTEE PROGRAM Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Auburn, Washington _______________________ Nancy Backus, Mayor _______________________ Date Page 89 of 297 City of Auburn, WA Section 108 Loan Application - Page | 23 SECTION 108 LOAN GUARANTEE PROGRAM Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Auburn, Washington _______________________ Nancy Backus, Mayor _______________________ Date Page 90 of 297 Page 91 of 297 Page 92 of 297 Page 93 of 297 Page 94 of 297 Page 95 of 297 Page 96 of 297 Page 97 of 297 Page 98 of 297 Page 99 of 297 Page 100 of 297 Page 101 of 297 Page 102 of 297 Page 103 of 297 Page 104 of 297 Page 105 of 297 Page 106 of 297 Page 107 of 297 Page 108 of 297 Page 109 of 297 Page 110 of 297 Page 111 of 297 Page 112 of 297 Page 113 of 297 Page 114 of 297 Page 115 of 297 Page 116 of 297 -------------------------- Resolution No. 5836 June 9, 2025 Page 1 of 4 RESOLUTION NO. 5836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE FILING OF SECTION 108 LOAN GUARANTEE APPLICATION AND DESIGNATING SIGNATORIES FOR PAYMENT VOUCHER ON LETTERS OF CREDIT FOR A SECTION 108 GUARANTEE LOAN PROJECT WHEREAS, the Congress of the United States has enacted, and the President of the United States has signed into law on August 22, 1974, Public Law 93-383, the “Housing and Community Development Act of 1974”; and WHEREAS Section 108 is the loan guarantee component of the Community Development Block Grant (CDBG) Program. Section 108 provides communities with a source of financing for economic development, housing rehabilitation, public facilities, and large-scale physical development projects. WHEREAS the primary objective of this program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS it is the intention of Congress that the federal assistance made available under this program not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to availability of assistance hereunder; and WHEREAS it is necessary and in the public interest that the City of Auburn, Washington avail itself of the financial assistance provided by Title I of the Housing Page 117 of 297 -------------------------- Resolution No. 5836 June 9, 2025 Page 2 of 4 and Community Development Act of 1974, as amended, to commence a Community Development Program within the City of Auburn; and WHEREAS, documentation of public benefit shall be maintained by the City of Auburn, Washington in accordance with 24 CFR 570.209(d) and the City with all information necessary to document the public benefit; and WHEREAS, the City will be required under the loan contract to fully repay, with interest, the Section 108 loan by pledging its future allocations of Community Development Block Grant (CDBG) funds pursuant to 24 CFR 570.705(b)(2), as security for HUD’s guarantee of the loan funds as well as an established debt reserve account; and NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Auburn, Washington that; Section 1. The City Council authorizes and approves the negotiation and execution of the HUD Section 108 Loan. The Mayor, the Finance Director and the Human Services Director are each “Authorized Officers.” The Mayor is directed to take all actions necessary or desirable to complete the HUD Section 108 Loan financing in accordance with provisions of this resolution. The City Council requests that the Mayor direct the Finance Director and Human Services Director to take all actions necessary or desirable to complete the HUD Section 108 Loan Financing in accordance with provisions of this resolution. Section 2. The Council authorizes and approves the issuance by the City of up to a $3,000,000 Variable/Fixed Rate Note (“Note”) to the registered holder of Page 118 of 297 -------------------------- Resolution No. 5836 June 9, 2025 Page 3 of 4 the Note. The Authorized Officers are each individually authorized to execute and deliver the Note, and other necessary documents as defined by HUD, with such changes, insertions, deletions, or modifications as may be approved by an Authorized Officer to obtain the guarantee financing under the HUD Section 108 Loan. The actual principal amount of the Note and the interest on the Note shall be: (i) secured solely by, and payable solely from, the security described in the Note, and the contract relating to the Note; and (ii) payable in the manner provided in the Note. The Authorized Officers are each individually authorized to execute and deliver the Note, with such changes, insertions, deletions, or modification as may be approved by an Authorized Officer to obtain the guaranteed financing under the HUD Section 108 Loan. The execution of the Note is conclusive evidence the City Council approved the Note. Section 3. The City Council authorizes and approves each of the Authorized Officers to execute and deliver documents not mentioned in this Resolution if these documents are needed to complete the issuance and delivery of the Note, including any document required to complete the conversion of the Note in accordance with the terms of the Note and the Contract, its execution and delivery. Page 119 of 297 -------------------------- Resolution No. 5836 June 9, 2025 Page 4 of 4 Section 4. 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: ____________________________ Jason Whalen, City Attorney Page 120 of 297 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Ordinance No. 6977 (Krum) (20 Minutes) An Ordinance relating to the Zoning Code, amending Chapter 18.04, Sections 18.02.067, 18.07.020, 18.23.030, 18.25.020, 18.31.130, 18.31.160, 18.46A.070, 18.52.020, and creating new Section 18.31.165 of the Auburn City Code June 9, 2025 Department: Attachments: Budget Impact: Community Development Ordinance No. 6977 Study Session Presentation, Ordinance No. 6977, Ordinance No 6977 - Exhibit A Administrative Recommendation: For discussion only. Background for Motion: Background Summary: RCW 36.70A.130 requires cities that are fully planning under the Growth Management Act (GMA) conduct the “periodic review and update” of Comprehensive Plans and Development Regulations required, every ten years. Commerce provides a “Periodic Update Checklist for Fully-Planning Cities” to help fully planning cities complete their review of Development Regulations. The latest Commerce “Periodic Update Checklist for Fully-Planning Cities” contained several new Washington State Housing Laws, dating from 2019 to 2023. The City of Auburn has reviewed its Development Regulations for consistency with the new housing laws and therefore has proposed amendments to City Code, specifically Title 18, to implement the goals, policies, and strategies identified in the Land Use and Housing Elements of the Comprehensive Plan and comply with the Washington State Housing Laws, including: RCW 35.21.683 (HB 1220) requiring jurisdictions to update their development regulations with respect to emergency shelters, transitional housing, emergency housing, and permanent supportive housing (STEP); RCW 36.70A.070(2)(c) requiring a quantitative land capacity analysis for permanent supportive housing and emergency housing needs to show sufficient capacity for their allotted share of countywide needs; RCW 36.01.290 limiting local jurisdictions’ regulation of religious organization’s ability host the homeless on property owned or controlled by the religious organization; RCW 35A.21.314 prohibiting local jurisdictions from regulating or limiting the number of unrelated persons that may occupy a household or dwelling unit unless related to lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building Page 121 of 297 code or city ordinance; ESSB 5184 prohibiting a city from requiring more than 0.5 parking space per multifamily dwelling unit or any minimum parking requirements for senior housing; RCW 36.70A.635(8)(a) relating to middle housing developments in which portions of a lot, parcel, or tract are designated with critical areas designated under RCW 36.70A.170 or their buffers; RCW 36.70A.545 requiring an increased density bonus for affordable housing located on property owned by a religious organization; and RCW 35.21.990 requiring that jurisdictions allow up to a 50 percent density bonus when new housing units are added to existing commercial and mixed-use buildings. Councilmember: Tracy Taylor Staff: Jason Krum Page 122 of 297 AUBURN VALUES S E R V I C E ENVIRONMENT E C O N O M Y C H A R A C T E R SUSTAINABILITY W E L L N E S S C E L E B R AT I O N Department of Community Development Planning Building Development Engineering Permit Center Economic Development Code Enforcement CITY COUNCIL - STUDY SESSION HOUSING TYPES AND STANDARDS CODE UPDATE PRESENTED BY DEPARTMENT OF COMMUNITY DEVELOPMENT ALEXANDRIA TEAGUE, AICP, PS MANAGER JASON KRUM, DIRECTOR JUNE 9, 2025 Page 123 of 297 Page 124 of 297 San Luis Opisbo, CA HOUSING CONTINUUM DIAGRAM Page 125 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements HB 1220 RCW 35.21.683 Cannot prohibit in any zones where residential dwelling units or hotels are allowed. No limit on length of stay. How it is implemented Allow PSH in all residential zones. Allow PSH in the commercial zones and administratively in the industrial zones. Update supportive housing definition. Subject to the supplemental standards. PERMANENT SUPPORTIVE HOUSING (PSH) Page 126 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements HB 1220 RCW 35.21.683 Cannot prohibit in any zones where residential dwelling units or hotels are allowed. Length of stay is up to two years but can be longer. How it is implemented Allow TH in all residential zones. TH in commercial zones and administratively use in the industrial zones. Updated definition for transitional housing. Subject to the supplemental standards. TRANSITIONAL HOUSING (TH) Page 127 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements HB 1220 RCW 35.21.683 Must be allowed in any zones in which hotels are allowed. Length of stay is temporary (varies). How it is implemented Allow EH or ES in commercial zones, and administratively in the industrial zones. Subject to the supplemental standards. INDOOR EMERGENCY HOUSING (EH) & SHELTERS (ES) Page 128 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements HB 1220 RCW 35.21.683 Reasonable occupancy, spacing, and intensity of use requirements to protect public health and safety. Accommodate each city's projected need. How it is implemented Revise supplemental standards. Remove standards could prevent the siting of a sufficient number. STEP HOUSING SUPPLEMENTAL STANDARDS Auburn Housing Needs Assessment Page 129 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Residential Zones Low and moderate density residential zones, total number of units based on the maximum units per lot. High density residential zones site size will be capped. Commercial/Industrial Zones No max. or min density for Downtown, commercial, and industrial zones 350 sf average unit size New conversion of hotels/motels and shopping centers feasible. STEP HOUSING SUPPLEMENTAL STANDARDS Page 130 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements for All Zones If more than 100 units or beds then 500 ft. buffer applies Comply with IBC On-site manager On-site or off-site support services shall be available. A written management plan Housing project is discontinued or abandoned, future use of the property Indoor overnight shelter specific standards STEP HOUSING SUPPLEMENTAL STANDARDS Page 131 of 297 LAND CAPACITY ANALYSIS Page 132 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements RCW 36.01.290 State limitations on regulation of religious organization’s ability host the homeless on property owned or controlled by the religious organization. How it is implemented Allow homeless encampment hosted by a religious organization Modify existing temporary regulations related to homeless encampments Remove the Type II Temporary Use Permit requirement for homeless encampments HOMELESS ENCAMPMENTS HOSTED BY RELIGIOUS ORGANIZATIONS Page 133 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION How it is implemented Notice – 30 days in advance of proposed date & 14 days before Neighborhood meeting – 1 week to 96 hours before Site criteria – sufficient size to accommodate on site facilities No. of persons – 100 max Code of conduct – by religions org. How it is implemented Security – and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors Modify Timing – max 120 days Inspection – allow COA/VRFA staff to inspect Termination – grounds for termination HOMELESS ENCAMPMENTS HOSTED BY RELIGIOUS ORGANIZATIONS Page 134 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements RCW 36.70A.545 Density bonus allowance for affordable housing on property owned by a religious organization Dedicated to Low-income households, as defined by RCW 36.70A.545(7)(b) – less than 80% of the Area Median Income based on county AMI’s How it is implemented Density bonus allowance of up to 50% Proposal must be 100% affordable housing for low-income households The units must remain affordable for a minimum of 50 years – affordability implemented through a deed restriction that runs with the land. DENSITY BONUS FOR RELIGIOUS ORGANIZTION DEVELOPMENTS Page 135 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements RCW 35.21.990 Density bonus allowance within existing Commercial, Mixed-Use, and Apartment Buildings Must remain within the existing building envelope How it is implemented Density bonus allowance of up to 50% Shall not reduce existing parking associated with the existing building Final certificate of occupancy 3 years prior to permit application Exempt from additional parking and TIA DENSITY BONUS FOR EXISTING COMMERCIAL, MIXED-USE, AND APARTMENT BUILDINGS Page 136 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements RCW 36.70A.635(4)(b)(iii) and (8)(b) Existing code language may prevent the siting of middle housing if the site contains critical areas. How it is implemented Revise ACC 18.25.020 Remove provision (4) “Middle Housing shall not be used to justify alteration of a regulated critical area per Chapter 16.10 ACC.” Still subject to standards contained in Chapter 16.10 ACC. MIDDLE HOUSING & CRITICAL AREAS Page 137 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements SB 5235 RCW 35A.21.314 Code city may not limit number of unrelated persons occupying a household or dwelling unit. How it is implemented Revise ACC 18.31.130(D) Staff proposes to remove the limit of four individual persons. Building and fire codes will determine occupancy limits. COMMUNAL HOUSING OCCUPANCY LIMITS Page 138 of 297 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Requirements ESSB 5184 – EFFECTIVE DATE: July 27, 2025 Not more than 0.5 for multifamily No min for senior housing How it is implemented Revised ACC 18.52.020 Reduce parking requirement for apartments (multifamily to 0.5) Reduce parking for assisted living facility to 0 Parking requirement for STEP to be 0 MINIMUM RESIDENTIAL PARKING REQUIREMENTS Page 139 of 297 AUBURN VALUES S E R V I C E ENVIRONMENT E C O N O M Y C H A R A C T E R SUSTAINABILITY W E L L N E S S C E L E B R AT I O N Department of Community Development Planning Building Development Engineering Permit Center Economic Development Code Enforcement THANK YOU! Page 140 of 297 -------------------------------- Ordinance No. 6977 May 27, 2025 Page 1 of 5 Rev. 2024 ORDINANCE NO. 6977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE ZONING CODE, AMENDING CHAPTER 18.04, SECTIONS 18.02.067, 18.07.020, 18.23.030, 18.25.020, 18.31.130, 18.31.160, 18.46A.070, 18.52.020, AND CREATING NEW SECTION 18.31.165 OF THE AUBURN CITY CODE WHEREAS, Revised Code of Washington (RCW) 36.70A.130 requires cities that are fully planning under the Growth Management Act (GMA) conduct the “periodic review and update” of comprehensive plans and development regulations required, every ten years. The Washington State Department of Commerce provides a “Periodic Update Checklist for Fully-Planning Cities” to help fully planning cities complete their review of development regulations. The latest Commerce “Periodic Update Checklist for Fully- Planning Cities” contained several new Washington State Housing Laws, dating from 2019 to 2023; and WHEREAS, RCW 36.70A.070 requires cities to include a housing element in their comprehensive plans. The housing element must include an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth, as provided by the Department of Commerce, including units for moderate, low, very low, and extremely low-income households as well as emergency housing, emergency shelters, and permanent supportive housing; and WHEREAS, per the City’s Housing Needs Assessment (Appendix A of the Comprehensive Plan) adopted under the recent periodic comprehensive plan update (Ord. No. 6960), the city needs to accommodate 2,300 net new emergency housing units and 892 new net permanent supportive housing units; and Page 141 of 297 -------------------------------- Ordinance No. 6977 May 27, 2025 Page 2 of 5 Rev. 2024 WHEREAS, House Bill (HB) 1220 (2020) (RCW 35.21.683) requires jurisdictions to update their development regulations with respect to emergency shelters, transitional housing, emergency housing, and permanent supportive (STEP) housing. Any city cannot prohibit permanent supportive housing in any zones in which residential dwelling units or hotels are allowed, cannot prohibit transitional housing in any zones in which residential dwelling units or hotels are allowed, and cannot prohibit indoor emergency shelters and indoor emergency housing must be allowed in any zones in which hotels are allowed; and WHEREAS, RCW 36.70A.070(2)(c) requires comprehensive plans to include a housing element that identifies “sufficient capacity of land” to accommodate all projected housing needs during the twenty-year planning horizon. To demonstrate a “sufficient capacity of land”, fully planning jurisdictions must complete a quantitative land capacity analysis for permanent supportive housing and emergency housing needs to show sufficient capacity for their allotted share of countywide needs; and WHEREAS, Auburn has prepared a series of maps to demonstrate that through the land capacity analysis there is sufficient potential capacity for Auburn to accommodate the city’s allotted share of countywide permanent supportive housing and emergency housing needs. These maps also demonstrated that with a buffer of 500 ft. for those STEP housing that exceed 100 units or beds, the city still has sufficient capacity to meet the allotted share of permanent supportive housing and emergency housing. The 500 ft. buffer on units exceeding 100 units or beds provides reasonable spacing and intensity of use requirements. Such intensity and spacing limitation would allow for a more equitable distribution of such use across the city; and Page 142 of 297 -------------------------------- Ordinance No. 6977 May 27, 2025 Page 3 of 5 Rev. 2024 WHEREAS, Engrossed Substitute House Bill (ESHB) 1754 (2020) amended three statues (RCW 35.21.915, RCW 35A.21.360, and RCW 36.01.290) related to hosting the homeless by religious organizations. Per RCW 36.01.290 a city may not impose conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter, such as an outdoor encampment, indoor overnight shelter, temporary small house on-site, or vehicle resident safe parking, for homeless persons on property owned or controlled by the religious organization; and WHEREAS, per RCW 35A.21.314 except for occupant limits on group living arrangements regulated under state law or on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code or city ordinance, a code city may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit; and WHEREAS, per ESSB 5184 city code may not require more than 0.5 parking space per multifamily dwelling unit or any minimum parking requirements for senior housing; and WHEREAS, per RCW 36.70A.635(8)(a) the middle housing provisions do not apply to portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met. All developments, including Page 143 of 297 -------------------------------- Ordinance No. 6977 May 27, 2025 Page 4 of 5 Rev. 2024 middle housing, are currently subject to the Critical Areas Ordinance and contained in Chapter 16.10 ACC; and WHEREAS, per RCW 36.70A.545 an increased density bonus for affordable housing located on property owned by a religious organization must be allowed. The state has set forth standards that require jurisdictions to allow for density bonuses for housing developments proposed on sites that are owned by religious organizations; and WHEREAS, per RCW 35.21.990 the state has set forth standards and restrictions for jurisdictions when reviewing the addition of residential housing units to existing buildings that are within zones that allow for mixed-use development. The state requires that jurisdictions allow up to a 50 percent density bonus when new housing units are added to existing commercial and mixed-use buildings; and WHEREAS, the amendment to Title 18 is intended to implement the goals, policies, and strategies identified in the Land Use and Housing Elements of the Comprehensive Plan and comply with the aforementioned Washington State housing laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 18.04, Sections 18.02.067, 18.07.020, 18.23.030, 18.25.020, 18.31.130, 18.31.160, 18.46A.070, 18.52.020, and creating new section 18.31.165 of the Auburn City Code is amended as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 144 of 297 -------------------------------- Ordinance No. 6977 May 27, 2025 Page 5 of 5 Rev. 2024 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Jason Whalen, City Attorney Published: _____________________________________________________________ Page 145 of 297 ACC 18.02.067, Units allowed per lot Page 1 of 5 The Auburn City Code is current through Ordinance 6971, passed February 3, 2025. 18.02.067 Units allowed per lot. A. Applicability. The standards in this section apply to all residential uses in residential and mixed-use zones. B. Units. For the purposes of this section, “units” refer to dwelling units, including accessory dwelling units (ADUs). C. Base Units Allowed Per Lot. All lots in residential zones greater than 1,000 square feet in area may be developed with up to the number of units show n in ACC 18.07.030(D)(1) when in compliance with all other relevant standards of this chapter and Chapter 18.25 ACC. Example: If four units are the base units on a given lot, and a fourplex has been developed, no ADUs may be added. D. Middle Housing Base Units per Lot Allowed With Transit or Affordability Bonus. Unit bonuses specific to middle housing are required to comply with RCW 36.70A.635. 1. All lots in residential zones may be developed with up to the number of middle housing units shown in ACC 18.07.030(D)(2) under the following conditions: a. The lot is within one-quarter mile walking distance of a major transit stop (as defined in ACC 18.04.597), or b. At least two units on the lot are affordable housing meeting the requirements of subsections (D)(2) through (D)(6) of this section. Note: Bonus units for subsections (D)(1)(a) and (D)(1)(b) of t his section are not cumulative. Single-unit detached housing lots are not eligible for bonuses and are not allowed as a component of the bonus development. 2. To qualify for additional units under the affordable housing provisions, applicant shall commit to renting or selling the required number of units as affordable housing. 3. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development: Page 146 of 297 ACC 18.02.067, Units allowed per lot Page 2 of 5 The Auburn City Code is current through Ordinance 6971, passed February 3, 2025. a. Rental housing: 60 percent. b. Owner-occupied housing: 80 percent. 4. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions. 5. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in Chapter 84.14 RCW for a period of no less than 50 years. The covenant or deed restriction must address the following: a. How affordability will be defined, managed, and controlled under scenarios for both ownership and rental housing. The covenant must commit to renting or selling the required number of units as affordable housing and, for rental units, ensure the continuing rental of units consistent with Chapter 84.14 RCW. b. Criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing. 6. The units dedicated as affordable housing shall: a. Be provided in a range of sizes comparable to ot her units in the development. b. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development. c. Generally, be distributed throughout the develop ment and have substantially the same functionality as the other units in the development. E. Lot Area per Unit Above Base Allowance. Additional units beyond what is allowed under ACC 18.25.040(A) are allowed based on lot area above the minimum lot size threshold. One additional unit is allowed above the base for each i nterval of the value shown in ACC 18.07.030(D)(3) up to the maximum number of units per l ot (ACC 18.07.030(D)(4)), except for courtyard housing. For example: a lot with an area of 5,650 square feet in the R-2 zone may have one additional unit above the base of four because it is 1,250 square feet larger than the minimum lot size. Page 147 of 297 ACC 18.02.067, Units allowed per lot Page 3 of 5 The Auburn City Code is current through Ordinance 6971, passed February 3, 2025. F. Maximum Units per Lot. 1. Except for courtyard housing, the total number of units shall not exceed the value listed in ACC 18.07.030(D)(3). 2. The maximum number of units for courtyard housing is two times the number of units listed in ACC 18.07.030(D)(4). (Ord. 6959 § 1 (Exh. A), 2024.) G. Density Bonus for Sites Owned by Religious Organizations. Real property owned or controlled by religious organizations may qualify for a 50 percent density bonus for housing units when developing single-family residences or apartment bui ldings, provided that: 1. 100 percent of the units are dedicated as affordable housing and set aside for or occupied exclusively by low-income households as def ined by RCW 35A.63.300(6)(b); 2. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions, even if the religious organization no longer owns the property; a. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units for a period of no less than 50 years. b. The covenant or deed restriction must address how affordability will be defined, managed, and controlled under scenarios for both ownership and rental housing. The covenant must commit to renting or selling the required number of units as affordable housing. 3. The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal fair housing amendments act of 1988; 4. The religious organization developing the afforda ble housing development must pay all fees, mitigation costs, and other charges required through the development of the affordable housing development; 5. Religious organizations rehabilitating an existing affordable housing development as defined by RCW 35A.63.300(6)(a) are also eligible to pursue a density bonus under this section; Page 148 of 297 ACC 18.02.067, Units allowed per lot Page 4 of 5 The Auburn City Code is current through Ordinance 6971, passed February 3, 2025. 6. The proposal is consistent with the development standards of the underlying zone. H. Density Bonus for Existing Commercial, Mixed-Use, and Apartment Buildings. Existing Commercial, Mixed-Use, and Apartment Buildings may qualify for a density bonus of up to 50 percent when adding housing units, provided that; 1. The additional housing units are located entirely within the existing building envelope, and generally applicable health and safety standards, including but not limited to building code standards and fire and life safety standards, can be met within the building; 2. The existing parking is not reduced through the addition of new housing units; 3. The existing building is located within one of the following zones that allows for mixed-use development – R-3, R-4, R-NM, R-F, C-2, C-AG, and M-1; 4. The addition of dwelling units complies with Mixed-Use and Apartment development design standards when located along Multimodal transportation corridors; 5. The building received a final certificate of occupancy 3 years prior to the permit application to add housing units; 6. The proposal is consistent with the development standards of the underlying zone; 7. The proposal is allowed the following exemptions; a. The proposal shall not be required to provide additional parking for added housing units; b. The proposal shall not be required to meet the current energy code for unchanged portions of an existing building. New units provided are not exempt from current energy code requirements. c. The proposal shall be exempt from providing a transportation concurrency study under RCW 36.70A.070 or an environmental study under Chapter 43.21C RCW based on the addition of residential units within an existing building. Page 149 of 297 ACC 18.02.067, Units allowed per lot Page 5 of 5 The Auburn City Code is current through Ordinance 6971, passed February 3, 2025. The Auburn City Code is current through Ordinance 6971, passed February 3, 2025. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by General Code. Page 150 of 297 Chapter 18.04 ACC, Definitions Page 1 of 2 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Chapter 18.04 DEFINITIONS Sections: 18.04.465 Homeless encampment. 18.04.485 Host agency. 18.04.792 Religious institution. 18.04.793 Religious organization. 18.04.828 Sponsoring agency. 18.04.891 Supportive housing. 18.04.896.1 Transitional housing. 18.04.465 Homeless encampment. “Homeless encampment” means an emergency homeless encampment hosted by a religious organizationchurch or other organization , which provides temporary housing to homeless persons. (Ord. 6245 § 3, 2009; Ord. 6014 § 2, 2006.) 18.04.485 Host agency. “Host agency” means the owner of the property, being a religious institution or other organization, that joins a sponsoring agency in an application for a indoor emergency housing, indoor emergency shelters, permanent supportive housing, and transitional housing temporary us e permit for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed don ations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 3, 2006.) 18.04.792 Religious institution. “Religious institution” means an establishment , operated by a religious organization, that provides religious worship, religious services or religious ceremonies as its pr incipal use with the sanctuary or principal place of worship contained within a principal building. Incidental an d accessory uses that include chapels or subordinate places of worship, school rooms, daycares, classr ooms, kitchens, library rooms or reading rooms, recreation halls or offices are permitted in the principal build ing or in separate buildings. Caretaker’s quarters or living quarters for employees are also permissible as an access ory use. The following incidental and Page 151 of 297 Chapter 18.04 ACC, Definitions Page 2 of 2 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. accessory uses to a religious institution are not permitted un less allowed under a valid temporary use permit issued pursuant to ACC 18.46A.070: (A) facilities for training of religious orders; (B) n onemployee rooms for rent, boarding rooms or similar facilities; or (C) public showers or other public health services. (Ord. 6245 § 3, 2009; Ord. 6014 § 1, 2006; Ord. 5550 § 1, 2001.) 18.04.793 Religious organization. "Religious organization" means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. 18.04.828 Sponsoring agency. “Sponsoring agency” means an organization that joins in an appl ication with a host agency for a temporary use permitindoor emergency housing, indoor emergency shelters, perm anent supportive housing, and transitional housing and assumes responsibility for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed don ations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 4, 2006.) 18.04.891 Supportive housing. “Supportive housing” means a multiple-family dwelling owne d or sponsored by a nonprofit corporation or government entity, designed for occupancy by individual adul ts that are either (A) homeless or at risk of homelessness; (B) are experiencing a disability that presents barriers to employment and housing stability; or (C) generally require structured supportive services to be success ful living in the community ; is permitted at a greater unit density than otherwise allowed within a particul ar zone; and is intended to provide long-term, rather than transitional, housing. Long-term housing is a pproximately longer than two years, whereas transitional housing is no more than two years.. Supportive housing is not a communal residence. (Ord. 6560 § 8, 2015; Ord. 6245 § 3, 2009; Ord. 6167 § 1, 2008.) 18.04.896.1 Transitional housing. "Transitional housing" means a supportive housing for per sons or families for up to two years for the purpose of facilitating the movement of persons and families into ind ependent living. Page 152 of 297 Chapter 18.07 ACC, Residential Zones Page 1 of 7 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Chapter 18.07 RESIDENTIAL ZONES Sections: 18.07.010 Intent. 18.07.020 Uses. 18.07.030 Development standards. 18.07.020 Uses. Table 18.07.020. Permitted Use Table – Residential Zones P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-2 R-3 R-4 R-NM R-F A. Residential Uses. Accessory dwelling units subject to the provisions contains in Chapter 18.32 P1 P1 P1 P1 P1 P1 P1 Accessory use, residential P P P P P P P Adult family home P P P P P P1 P Apartments (7 units or more) X X X P11 P P X Bed and breakfast or short-term rentals P P P P P X P Caretaker apartment X X X X X P X Communal residence four or less individuals P P P P P X P Page 153 of 297 Chapter 18.07 ACC, Residential Zones Page 2 of 7 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Foster care homes P P P P P X P Group residence facilities (7 or more residents) X X X P P P P Group residence facilities (6 or fewer residents) P P P P P P P Keeping of animals4 P2 P2 P2 P2 P2 P2 P2 Middle housing subject to the provisions in Chapter 18.25 (2 to 6 units) P P P P P P P Neighborhood recreational buildings and facilities owned and managed by the neighborhood homeowners’ association A6 A6 A6 A6 A6 P P Use as dwelling units of (1) recreational vehicles that are not part of an approved recreational vehicle park, (2) boats, (3) automobiles, and (4) other vehicles X X X X X X X Renting of rooms, for lodging purposes only, to accommodate not more than two persons in addition to the family or owner occupied unit8 P P P P P P P Residential care facilities including but not limited to assisted living facilities, convalescent homes, continuing care retirement facilities P P P P P P P Single-unit detached dwellings, new P P P X X X P Supportive housing (permanent), subject to the provisions of ACC 18.31.160 PX PX XP P P P P Page 154 of 297 Chapter 18.07 ACC, Residential Zones Page 3 of 7 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Swimming pools, tennis courts and similar outdoor recreation uses only accessory to residential or park uses P P P P P P P Townhouses (attached) X X X X P P P Transitional housing P P P P P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial recreation facility, indoor X X X X P P X Commercial retail establishment X X A A P P A Convenience store X X X X P P X Daycare, limited to a mini daycare center. Daycare center, preschool or nursery school may also be permitted but must be located on an arterial X P P P P P P Grocery or specialty food store X X X A P P A Home-based (or family) daycare as regulated by RCW 35.63.185 and through receipt of approved city business license P P P P P P P Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Marijuana cooperative X X X X X X X Marijuana processor X X X X X X X Marijuana producer X X X X X X X Marijuana related business X X X X X X X Page 155 of 297 Chapter 18.07 ACC, Residential Zones Page 4 of 7 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Marijuana researcher X X X X X X X Marijuana retailer X X X X X X X Marijuana transporter business X X X X X X X Mixed-use development3, 10 X X X P P P P Personal service shop X X A P P P P Nursing homes X X X X C C C Privately owned and operated parks and playgrounds and not homeowners’ association-owned recreational area X A A A A P P Professional offices X X A A P9 P P Restaurant, café, or coffee shop X X A A P P A Neighborhood retail establishment X X A A P P P C. Resource Uses. Agricultural enterprise:7 When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year A7 X X X X X X When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per calendar year C7 X X X X X X Page 156 of 297 Chapter 18.07 ACC, Residential Zones Page 5 of 7 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing4 P X X X X X X Public and private stables4 P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements P X X X X X X Fish hatcheries C X X X X X X D. Government, Institutional, and Utility Uses. Civic, social and fraternal clubs X X X X A A A Government facilities A A A A A A A Hospitals (except animal hospitals) X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size12 A A A A A A A Religious institutions, one acre or larger lot size12 C C C C C C C Page 157 of 297 Chapter 18.07 ACC, Residential Zones Page 6 of 7 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Transmitting towers C C C C C C C Type 1-D wireless communications facility (see ACC 18.04.912(W) and ACC 18.31.100) P P P P P P P Eligible facilities request (EFR) (wireless communications facility – See ACC 18.04.912(H)) P P P P P P P Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P 1 An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31.120. 2 Please see the supplemental development standards for animals in ACC 18.31.220. 3 Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use permit, the individual use must apply for and receive the administrative or conditional use approval, as applicable. 4 Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by the King or Pierce County board of health, and property owners shall comply with the provisions of the board of health code. 5 Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 6 Administrative use permit not required when approved as part of a subdivision or binding site plan. 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards. 8 An owner occupant that rents to more than two persons but no more than four persons is required to obtain a city of Auburn rental housing business license and shall meet the standards of the International Property Maintenance Code. 9 As component of Mixed-use developments and/or office ground floor uses permitted up to 5,000 square feet. Page 158 of 297 Chapter 18.07 ACC, Residential Zones Page 7 of 7 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 10 Commercial uses permitted outright, or allowed administratively or conditionally in this table may be allowed as part of mixed-use development. 11 Apartment buildings and Mixed-use development consisting of no more than 20 units and 3-stories per lot is permitted. 12 Reference ACC 18.31.165 for standards related to homeless encampments hosted by a religious organization. (Ord. 6799 § 5 (Exh. E), 2020; Ord. 6642 § 4, 2017; Ord. 6600 § 9, 2016; Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3, 2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.) Page 159 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 1 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Sections: 18.23.010 Purpose. 18.23.020 Intent of commercial and industrial zones. 18.23.030 Uses. 18.23.040 Development standards. 18.23.060 Additional development standards for the C-1, C-2, C-AG, and M-1 zones. 18.23.030 Uses. A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zone and the land use approval process required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030 (“Standards for Specific Land Uses”) includes a reference to a code section number, the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are separately prohibited by that chapter or will be required to comply with additional regulations that are associated with the airport overlay. Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and Industrial Zones Page 160 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 2 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING Building contractor, light X P X P P Building contractor, heavy X X X A P Manufacturing, assembling and packaging – Light intensity X P X P P ACC 18.31.180 Manufacturing, assembling and packaging – Medium intensity X A X P P ACC 18.31.180 Manufacturing, assembling and packaging – Heavy intensity X X X X A ACC 18.31.180 Marijuana processor X X X C C Chapter 18.59 ACC Marijuana producer X X X C C Chapter 18.59 ACC Marijuana researcher X X X C C Chapter 18.59 ACC Marijuana retailer X C X C C Chapter 18.59 ACC Page 161 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 3 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Marijuana transporter business X X X C C Chapter 18.59 ACC Outdoor storage, incidental to principal permitted use on property X P X P P ACC 18.57.020(A) Storage – Personal household storage facility (mini-storage) P P X P P ACC 18.57.020(B) Warehousing and distribution X X X P C ACC 18.57.020(C) Warehousing and distribution, bonded and located within a designated foreign trade zone X P X P P Wholesaling with on-site retail as an incidental use (e.g., coffee, bakery) X P X P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation facility, indoor P P P P A Page 162 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 4 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Commercial recreation facility, outdoor X A A P A ACC 18.57.025(A) Conference/convention facility X A X A X Library, museum A A X A X Meeting facility, public or private P P X A A Movie theater, except drive-in P P P X X Private school – Specialized education/training (for profit) A P P P P Religious institutions, lot size less than one acre P P A A A ACC 18.31.165 Religious institutions, lot size more than one acre P P A A A ACC 18.31.165 Sexually oriented businesses X P X P P Chapter 18.74 ACC Page 163 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 5 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Sports and entertainment assembly facility X A X A A Studio – Art, dance, martial arts, music, etc. P P P P A RESIDENTIAL Apartment units, as part of a mixed-use development2 X X P P P X ACC 18.57.030 Apartments, stand-alone X X X X X X Caretaker apartment P P X P P Indoor emergency housing or shelter P P P A A ACC 18.31.160 Live/work unit, as part of a mixed-use development2 X P P P X Live/work unit, stand- alone3 X X X X X X Work/live unit, as part of a mixed-use development2 XP P P P X Page 164 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 6 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Work/live unit, stand- alone3 X X X X X Marijuana cooperative X X X X X Nursing home, assisted living facility P P C X X Senior housing2 X A X X X Supportive housing (permanent) P P P A A ACC 18.31.160 Transitional housing P P P A A ACC 18.31.160 RETAIL Building and landscape materials sales X P X P P ACC 18.57.035(A) Construction and heavy equipment sales and rental X X X A P Convenience store A P X P P Drive-through espresso stands A P A P A Page 165 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 7 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Drive-through facility, including banks and restaurants A P P P P ACC 18.52.040 Entertainment, commercial A P X A A Groceries, specialty food stores P P P P X Nursery X P A P P ACC 18.57.035(C) Outdoor displays and sales associated with a permitted use (auto/vehicle sales not included in this category) P P P P P ACC 18.57.035(D) Restaurant, cafe, coffee shop P P P P P Retail Community retail establishment P P P P P Neighborhood retail establishment P P P P P Page 166 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 8 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Regional retail establishment X X P P P A Tasting room P P P P P P Tavern P X P P P A Wine production facility, small craft distillery, small craft brewery P P P P P P SERVICES Animal daycare (excluding kennels and animal boarding) A A P A P P ACC 18.57.040(A) Animal sales and services (excluding kennels and veterinary clinics) P P P P P P ACC 18.57.040(B) Banking and related financial institutions, excluding drive-through facilities P P P P P P Catering service P P P A P P Page 167 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 9 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Daycare, including mini daycare, daycare center, preschools or nursery schools P P P P X Dry cleaning and laundry service (personal) P P P P P Equipment rental and leasing X P X P P Kennel, animal boarding X A X A A ACC 18.57.040(C) Government facilities; this excludes offices and related uses that are permitted outright A A A A A Hospital P P X P P Lodging – Hotel or motel P P P A A Medical – Dental clinic P P P P X Mortuary, funeral home, crematorium P P X P X Page 168 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 10 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Personal service shops P P P P X Pharmacies P P P X X Print and copy shop P P P P X Printing and publishing (of books, newspaper and other printed matter) A P P P P Professional offices P P P P P Repair service – Equipment, appliances A P P P P ACC 18.57.040(D) Veterinary clinic, animal hospital P P P P X Youth community support facility P X X X X ACC 18.57.040(E) TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance, taxi, and specialized transportation facility X A X P P Page 169 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 11 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Broadcasting studio P P X P P Heliport X C X C C Motor freight terminal1 X X X X X See Footnote No. 1 Parking facility, public or commercial, surface P P P P X Parking facility, public or commercial, structured P P P P X Towing storage yard X X X A P ACC 18.57.045(A) Utility transmission or distribution line or substation A A A A A Wireless communications facility (WCF) (See ACC 18.04.912(W)) * * * * * *See ACC 18.31.100 for use regulations and zoning development standards. Eligible facilities request (EFR) (wireless communications facility) (See ACC 18.04.912(H)) P P P P P Page 170 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 12 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Small wireless facilities (ACC 18.04.912(Q)) P P P P P VEHICLE SALES AND SERVICES Automobile washes (automatic, full or self- service) A P P P P ACC 18.57.050(A) Auto parts sales with installation services A P P P P Auto/vehicle sales and rental A P X P P ACC 18.57.050(B) Fueling station A P P P P ACC 18.57.050(C) Mobile home, boat, or RV sales X P X P P Vehicle services – Repair/body work X P X P P ACC 18.57.050(D) OTHER Any commercial use abutting a residential zone which has hours of A A A A A Page 171 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 13 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 operation outside of the following: Sunday: 9:00 a.m. to 10:00 p.m. or Monday – Saturday: 7:00 a.m. to 10:00 p.m. Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. See ACC 18.02.120(C)(6), Unclassified Uses. P P P P P 1 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the ordinance codified in this section, is an outright permitted use in the M -1 and M-2 zones. Any maintenance, alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards, are allowed. 2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015) is an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use development changes, then the nonresidential use shall maintain a minimum of 10 percent of the cumulative building ground floor square footage consisting of the uses permitted outright, administratively, or conditionally, listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” of the C-1 zone. Page 172 of 297 Chapter 18.23 ACC, Commercial and Industrial Zones Page 14 of 14 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 3 Any stand-alone live/work units or stand-alone work/live units vested prior to the effective date of the ordinance codified in this chapter are outright permitted uses. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6838 § 1 (Exh. A), 2021; Ord. 6799 § 6 (Exh. F), 2020; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6688 § 1 (Exh. 1), 2018; Ord. 6644 § 2, 2017; Ord. 6642 § 9, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.) Page 173 of 297 Chapter 18.25 ACC, Infill Residential Development Standards Page 1 of 2 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.25 MIDDLE HOUSING DEVELOPMENT STANDARDS Sections: 18.25.010 Purpose and intent. 18.25.020 Applicability. 18.25.030 Procedures. 18.25.040 Middle housing types. 18.25.050 Calculating parking requirements. 18.25.060 Accessory Dwelling Units. 18.25.070 Middle housing design standards. 18.25.080 Usable open space. 18.25.090 Courtyard housing standards. 18.25.0100 Lot splitting. 18.25.020 Applicability. A. Eligibility Criteria. This chapter may be applied to development or redevelopment that meets the following criteria: 1. The lot is within one of the following zones: RC, R-1, R-2, R-3, R-4, R-NM B. Exceptions. This chapter may be applied to development or redevelopment, except for the following below: 1. Middle Housing is not permitted within Urban Separators. 2. Middle Housing is not permitted in the R-HMC zone. 3. Middle Housing is not permitted on lots smaller than one thousand (1,000) square feet. Page 174 of 297 Chapter 18.25 ACC, Infill Residential Development Standards Page 2 of 2 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 4. Middle Housing provisions do not apply to portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met. shall not be used to justify alteration of a regulated critical area per Chapter 16.10 ACC. Page 175 of 297 Chapter 18.31 ACC, Supplemental Development Standards Page 1 of 2 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.31.010 Daycare standards. 18.31.020 Fences. 18.31.025 Retaining walls. 18.31.030 Height limitations – Exceptions. 18.31.040 Lots. 18.31.050 Single-unit detached dwelling siting and design standards. 18.31.060 Recreational vehicle parks. 18.31.070 Setbacks. 18.31.080 Heliports. 18.31.090 Work release, prerelease and similar facilities. 18.31.100 Wireless communications facilities siting standards. 18.31.110 Siting of small wireless facilities. 18.31.115 Wetland mitigation. 18.31.130 Communal residence standards. 18.31.140 Gated residential subdivisions. 18.31.150 Secure community transition facilities. 18.31.160 Supportive housing development standards. 18.31.170 Reserved. 18.31.180 Performance standards. 18.31.190 Supplemental standards for residential mobile home communities. 18.31.200 Architectural and site design review standards and regulations. 18.31.210 Agricultural enterprises development standards. 18.31.220 Permitted animals. 18.31.230 Repealed. 18.31.130 Communal residence standards. A. Parking Requirements. There must be one off-street parking stall that meets city standards of ACC 18.52.050, Parking design, development, and maintenance standards, per tenant. The applicant must demonstrate that each off-site parking space is under their ownership. In condominium or townhouse communities the applicant can also provide legal documentation that demonstrates that they have exclusive use of a common area parking space. The city shall reduce the off-street parking requirement if the property owner provides and maintains a notarized affidavit signed separately by each tenant, certifying that a tenant does not own a vehicle or have control of a vehicle while at the residence. A copy of the affidavit must be provided to the city upon request. Page 176 of 297 Chapter 18.31 ACC, Supplemental Development Standards Page 2 of 2 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. B. Solid Waste Management Requirements. 1. ACC 8.08.070 requires all occupied communal residences to have minimum garbage service. The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garbage service level of this section. 2. The landlord is responsible to provide each tenant with the solid waste collection schedule at the time of the tenant’s initial occupancy and that schedule is to be posted within the unit. C. Periodic Inspection Required. Upon written request, the communal rental housing owner or manager shall allow inspection of the communal rental housing residential units consistent with their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code, including ACC 5.22.050(C)(3). The city may, with the legally obtained consent of an occupant or owner or manager, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code. D. Occupancy Limits. 1. International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence. 2. The occupancy limit for a communal residence shall not exceed four people. (Ord. 6560 § 10, 2015; Ord. 6477 § 9, 2013; Ord. 6245 § 15, 2009.) Page 177 of 297 ACC 18.31.160, Supportive housing development standards Page 1 of 4 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.31.010 Daycare standards. 18.31.020 Fences. 18.31.025 Retaining walls. 18.31.030 Height limitations – Exceptions. 18.31.040 Lots. 18.31.050 Single-family dwelling siting and design standards. 18.31.060 Recreational vehicle parks. 18.31.070 Setbacks. 18.31.080 Heliports. 18.31.090 Work release, prerelease and similar facilities. 18.31.100 Wireless communications facilities siting standards. 18.31.110 Siting of small wireless facilities. 18.31.115 Wetland mitigation. 18.31.120 Accessory dwelling units. 18.31.130 Communal residence standards. 18.31.140 Gated residential subdivisions. 18.31.150 Secure community transition facilities. 18.31.160 Supportive housing development standards.Supplemental standards for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing. 18.31.170 Reserved. 18.31.180 Performance standards. 18.31.190 Supplemental standards for residential mobile home communities. 18.31.200 Architectural and site design review standards and regulations. 18.31.210 Agricultural enterprises development standards. 18.31.220 Permitted animals. 18.31.230 Repealed. Page 178 of 297 ACC 18.31.160, Supportive housing development standards Page 2 of 4 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. 18.31.160 SuSupplemental standards for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing.pportive housing development standards. A. General Standards. Transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing projects Supportive housing projects allowed pursuant to ACC 18.07.020 and ACC 18.23.030 shall comply with the following standards: 1. In the RC, R-1, R-2, R-3, and R-F zones, the total number of units shall be based on the maximum units per lot (ACC 18.07.030(D)(4)). 2. In the R-4 and R-NM zones, the maximum lot size is three acres. 3. In the DUC, C-1, C-2, M-1, and M-2 zones the average unit size is 350 square feet (on-site manager unit excepted). Indoor emergency shelters are exempt from this standard. 4. If more than 100 units or beds are provided, then no other permanent supportive housing, transitional housing, emergency housing or shelter is allowed within 500 ft. The 500 ft. buffer is measured from the property lines. Minimum lot area per unit: 1,200 square feet. 25. Must comply with the International Building Code (IBC) with relation to occupancy. For lots with an area of up to one acre, the maximum number of units allowed is 25; for lots with an area greater than one acre, the maximum number of units allowed is 50. . Maximum lot size: two acres. 4. Minimum separation from other supportive housing projects: five miles. 5. Maximum unit size: 450 square feet (on-site manager unit excepted). 56. Shall provide an on-site resident manager who is accountable to the owner or manager of the supportive housing project. Page 179 of 297 ACC 18.31.160, Supportive housing development standards Page 3 of 4 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. 67. While participation is not mandatory, Aappropriate on-site or off-site support services shall be available. within 1,000 feet. Off-site support services shall provide residents with case management services, medication monitoring, help with vocational training and goals, access to chemical dependency services, assistance with activities of daily living, etc. 8. Registered sex offenders shall not be allowed to reside within supportive housing projects located within 880 feet of a school, church, daycare facility or public park. 978. A written management plan shall be provided for the review and approval of the planning director. At a minimum, a management plan shall address the following: a. The specific nature of the supportive housing project and its intended occupants; b. Its potential impact on nearby residential uses and proposed methods to mitigate those impacts; c. Identification of the project management or agency to whom support staff are responsible and who will be available to resolve concerns pertaining to the facility; d. Identification of staffing, supervision and security arrangements appropriate to the facility; e. If the planning director determines at any time there is evidence of fraud in obtaining the permit; concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports; or that the supportive housing project is found to be in violation of the approved plans, conditions of approvals, or the terms of the permit or management plan, and the owner has failed to correct the violation after proper notice thereof; then the planning director may order the closure of the project. 109. If a supportivethe housing project is discontinued or abandoned, future use of the property shall be in conformance with the use and development standards of the R-20 underlying zone. (Ord. 6245 § 15, 2009.) B. Indoor overnight shelter specific standards. Where an indoor overnight shelter does not have sprinklers the following shall apply: 1. Has at least two accessible exits; and Page 180 of 297 ACC 18.31.160, Supportive housing development standards Page 4 of 4 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. 2. Does not pose imminent danger to persons, as determined by the Building Official; then 3. The organization must enter into a memorandum of understanding for fire safety that includes local fire district inspections, an outline for appropriate emergency procedures, a determination of the most viable means to evacuate occupants from inside the host site with appropriate illuminated exit signage, panic bar exit doors, and a completed fire watch agreement indicating: a. Posted safe means of egress; b. Operable smoke detectors, carbon monoxide detectors as necessary, and fire extinguishers; and c. A plan for monitors who spend the night awake and are familiar with emergency protocols, who have suitable communication devices, and who know how to contact the local fire department. Page 181 of 297 Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.31.010 Daycare standards. 18.31.020 Fences. 18.31.025 Retaining walls. 18.31.030 Height limitations – Exceptions. 18.31.040 Lots. 18.31.050 Single-unit detached dwelling siting and design standards. 18.31.060 Recreational vehicle parks. 18.31.070 Setbacks. 18.31.080 Heliports. 18.31.090 Work release, prerelease and similar facilities. 18.31.100 Wireless communications facilities siting standards. 18.31.110 Siting of small wireless facilities. 18.31.115 Wetland mitigation. 18.31.130 Communal residence standards. 18.31.140 Gated residential subdivisions. 18.31.150 Secure community transition facilities. 18.31.160 Supportive housing development standards. 18.31.165 Homeless encampment hosted by a religious organization standards. 18.31.170 Reserved. 18.31.180 Performance standards. 18.31.190 Supplemental standards for residential mobile home communities. 18.31.200 Architectural and site design review standards and regulations. 18.31.210 Agricultural enterprises development standards. 18.31.220 Permitted animals. 18.31.230 Repealed. 18.31.165 Homeless Encampment Hosted by a Religious Organization. A. Homeless encampments hosted by a religious organization is allowed as an accessory use to a religious institution, subject to the following criteria and requirements: 1. Notice. a. The religious organization shall notify the city of the proposed homeless encampment a minimum of 30 days in advance of the proposed date of establishment Page 182 of 297 for the homeless encampment and at least 14 days before encampment commences. The advance notification shall contain the following information: i. The date the homeless encampment will encamp; ii. The length of the encampment; iii. The maximum number of residents proposed; iv. The host location; and v. Documentation that the host organization meets the definition of ACC 18.04.793. b. The religious organization shall conduct at least one public informational meeting, at least one week but no later than 96 hours prior to commencing the encampment. The time and location of the meeting shall be agreed upon between the city and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notified at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the director of planning and development. At any time prior to the meeting the city will either: i. Display notice signage at the meeting site; ii. Display notice signage at the hosting site; iii. Post the notice on the city’s website; or iv. Post the notice in the newspaper of local circulation. c. A memorandum of understanding to protect the public health and safety of both the residents within and outside of the encampment. At a minimum, the agreement must include information regarding: a. The right of a resident in an outdoor encampment to seek public health and safety assistance; b. The resident's ability to access social services on-site, and the resident's ability to directly interact with the religious organization, including the ability to express any concerns regarding an sponsor agency to the religious organization; c. A written code of conduct agreed to by the religious organization, if any, sponsor religious organization, and all volunteers working with residents of the outdoor encampment; and Page 183 of 297 d. When a publicly funded managing agency exists, the ability for the religious organization to interact with residents of the outdoor encampment using a release of information. 2. Site Criteria. a. The property must be owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings. b. The property must be sufficient in size to accommodate tents and necessary on- site facilities, including, but not limited to, the following: i. Sanitary portable toilets in the number required to meet capacity guidelines; ii. Hand washing stations by the toilets and by the food areas; iii. Refuse receptacles and trash enclosures; c. If sanitary portable toilets are used, proof of service contract for maintenance must be submitted. d. The religious organization shall provide an adequate water source to the homeless encampment, as approved by the provider as appropriate or other water service. Proof of contracted service of water vendor or proposed source of water must be depicted on site plan. d. No homeless encampment shall be located within a critical area or its buffer as defined under Chapter 16.10 ACC. e. No permanent structures will be constructed for the homeless encampment. f. No more than 100 residents shall be allowed. The city may further limit the number of residents as site conditions dictate. g. Adequate on-site parking shall be provided for the homeless encampment. No off- site parking will be allowed. The number of vehicles used by homeless encampment residents shall be provided. If the homeless encampment is located on site with another use, it shall be demonstrated that the homeless encampment parking will not create a shortage of code-required on-site parking for the other uses on the property. Page 184 of 297 h. The homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city. i. All sanitary portable toilets shall be screened from adjacent properties and rights-of- way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping. j. The religious organization shall be responsible for the cleanup of the homeless encampment site within seven calendar days of the encampment’s termination. 3. Security. a. An operations and security plan for the homeless encampment shall be submitted and approved by the city. b. The religious organization shall provide to all residents of the homeless encampment a code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application. c. All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property. d. The religious organization shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. e. The religious organization shall take all reasonable and legal steps to obtain verifiable identification, such as a driver’s license, government-issued identification card, military identification or passport from prospective and existing encampment residents. f. The religious organization will use identification to obtain sex offender and warrant checks from the Pierce County or King County sheriff’s office or relevant local police department. Page 185 of 297 i. If said warrant and sex offender checks reveal either: (A) an existing or outstanding warrant from any jurisdiction or the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then the religious organization shall immediately contact the Auburn police department if there is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the person is a potential threat to the community. g. The religious organization shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property. h. The religious organization will appoint an executive committee member to serve on-duty at all times to serve as a point of contact for city of Auburn police and will orient the police as to how the security operates. The names of the on-duty executive committee members will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel, which shall be posted at the security tent. 4. Timing. a. The maximum consecutive duration of a homeless encampment shall be 120 days. Citywide, the total maximum number of days homeless encampments may operate in the city shall not exceed six months in any 24-month period (e.g., two homeless encampments each operating 120 days (maximum 6-months total) may be allowed in a 24-month period). b. Simultaneous and adjacent hostings of outdoor encampments by religious organizations may be limited if located within one thousand feet of another outdoor encampment concurrently hosted by a religious organization. 5. Health and Safety. a. All temporary structures within the homeless encampment shall conform to all adopted building codes and Washington State amendments. Page 186 of 297 b. The homeless encampment shall conform to the following fire requirements: i. Material used as roof covering and walls shall be of flame-retardant material. ii. There shall be no open fires for cooking or heating. iii. No heating appliances within the individual tents are allowed unless the appliance is designed and licensed for that purpose. iv. No cooking appliances other than microwave appliances are allowed. v. An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the fire department. vi. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the fire department. vii. Adequate separation between tents and other structures shall be maintained as determined by the fire department. viii. Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together, and any cords used must be approved for exterior use. c. The conduct of the homeless encampment must comply with ACC 8.12.020 “Nuisances affecting public health and safety” and 8.28.010 “Noise control”. d. The religious organization shall permit inspections by Auburn staff and the King County health department at reasonable times without prior notice for compliance. 6. Termination. If the religious organization fails to take action against a resident who violates the standards provided herein, it may result in immediate termination of the homeless encampment. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the encampment must be immediately terminated. (Ord. 6565 § 4, 2015; Ord. 6287 § 2, 2010; Ord. 6268 § 2, 2009.) Page 187 of 297 Chapter 18.46A ACC, Temporary Uses Page 1 of 6 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. Chapter 18.46A TEMPORARY USES Sections: 18.46A.010 Intent. 18.46A.020 Permit approval required. 18.46A.030 Application and review for temporary use permits. 18.46A.040 Appeals of decisions. 18.46A.050 Exemptions. 18.46A.060 Coordination with other city codes. 18.46A.070 General and specific temporary use permits. 18.46A.080 Approval criteria. 18.46A.090 Performance standards. 18.46A.100 Time limitation. 18.46A.110 Limitation on activity. 18.46A.120 Permit revocation. 18.46A.130 Removal of temporary uses. 18.46A.140 Assurance device. 18.46A.070 General and specific temporary use permits. F. Speciflc Type II Temporary Use Permit – Homeless Encampment. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type II temporary and revocable use permit for a homeless encampment subject to the following criteria and requirements: 1. Procedural Approval. a. The sponsoring agency shall notify the city of the proposed homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the homeless encampment and at least 14 days before submittal of the temporary use permit. The advance notiflcation shall contain the following information: i. The date the homeless encampment will encamp; ii. The length of the encampment; Page 188 of 297 Chapter 18.46A ACC, Temporary Uses Page 2 of 6 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. iii. The maximum number of residents proposed; and iv. The host location. b. The sponsoring agency shall conduct at least one public informational meeting within, or as close to, the neighborhood where the proposed homeless encampment will be located, a minimum of two weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the city and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notifled at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the director of planning and development. c. The temporary use permit application shall be accompanied by a hold harmless agreement whereby the host agency and sponsoring agency agree to indemnify the city of Auburn for, and hold it harmless from, all damages that may result from the operation of the homeless encampment by such permit grantee and shall pay all damages for which the permit grantee or the city of Auburn shall be held liable as the result of injuries suffered by any person, association or corporation by reason of the operation of the homeless encampment; provided, that in case any claim is flled with the city of Auburn or any suit or action is instituted against said city by reason of any such damage or injury, the city council shall promptly cause written notice thereof to be given to the grantee and the grantee shall have the right to defend any such suit or action. 2. Site Criteria. a. If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the homeless encampment. b. The property must be sufficient in size to accommodate tents and necessary on- site facilities, including, but not limited to, the following: i. Sanitary portable toilets in the number required to meet capacity guidelines; ii. Hand washing stations by the toilets and by the food areas; Page 189 of 297 Chapter 18.46A ACC, Temporary Uses Page 3 of 6 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. iii. Refuse receptacles; iv. Food tent and security tent. c. The host and sponsoring agencies shall provide an adequate water source to the homeless encampment, as approved by the provider as appropriate or other water service. d. No homeless encampment shall be located within a critical area or its buffer as deflned under Chapter 16.10 ACC. e. No permanent structures will be constructed for the homeless encampment. f. No more than 100 residents shall be allowed. The city may further limit the number of residents as site conditions dictate. g. Adequate on-site parking shall be provided for the homeless encampment. No off- site parking will be allowed. The number of vehicles used by homeless encampment residents shall be provided. If the homeless encampment is located on site with another use, it shall be demonstrated that the homeless encampment parking will not create a shortage of code-required on-site parking for the other uses on the property. h. The homeless encampment shall be within a quarter mile of a bus stop with seven days per week service, whenever possible. If not located within a quarter mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses). i. The homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city. j. All sanitary portable toilets shall be screened from adjacent properties and rights-of- way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping. k. The sponsoring agency shall be responsible for the cleanup of the homeless encampment site within seven calendar days of the encampment’s termination. Page 190 of 297 Chapter 18.46A ACC, Temporary Uses Page 4 of 6 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. 3. Security. a. An operations and security plan for the homeless encampment shall be submitted and approved by the city. b. The host agency shall provide to all residents of the homeless encampment a code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application. c. All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property. d. The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. e. The sponsoring agency shall take all reasonable and legal steps to obtain veriflable identiflcation, such as a driver’s license, government-issued identiflcation card, military identiflcation or passport from prospective and existing encampment residents. f. The sponsoring agency will use identiflcation to obtain sex offender and warrant checks from the Pierce County or King County sheriff’s office or relevant local police department. i. If said warrant and sex offender checks reveal either: (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then the sponsoring agency will reject the subject of the check for residency to homeless encampment or eject the subject of the check if that person is already a homeless encampment resident. ii. The sponsoring agency shall immediately contact the Auburn police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community. Page 191 of 297 Chapter 18.46A ACC, Temporary Uses Page 5 of 6 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. g. The sponsoring agency shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, flghting, and abuse of any kind, littering or disturbing neighbors while located on the property. h. The sponsoring agency will appoint an executive committee member to serve on- duty at all times to serve as a point of contact for city of Auburn police and will orient the police as to how the security operates. The names of the on-duty executive committee members will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel, which shall be posted at the security tent. 4. Timing. a. The maximum continuous duration of a homeless encampment shall be 90 days. Citywide, the total maximum number of days homeless encampments may operate in the city shall not exceed 180 days in any 24-month period (e.g., two homeless encampments each operating 90 days (maximum 180 days total) may be allowed in a 24-month period). b. No more than one homeless encampment may be located in the city at any time. 5. Health and Safety. a. All temporary structures within the homeless encampment shall conform to all building codes. b. The homeless encampment shall conform to the following flre requirements: i. Material used as roof covering and walls shall be of fiame retardant material. ii. There shall be no open flres for cooking or heating. iii. No heating appliances within the individual tents are allowed unless the appliance is designed and licensed for that purpose. iv. No cooking appliances other than microwave appliances are allowed. v. An adequate number and appropriate rating of flre extinguishers shall be provided as approved by the flre department. Page 192 of 297 Chapter 18.46A ACC, Temporary Uses Page 6 of 6 The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. vi. Adequate access for flre and emergency medical apparatus shall be provided. This shall be determined by the flre department. vii. Adequate separation between tents and other structures shall be maintained as determined by the flre department. viii. Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use. c. The sponsoring and host agencies shall permit inspections by Auburn staff and the King County health department at reasonable times without prior notice for compliance with the conditions of this permit. 6. Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated. (Ord. 6565 § 4, 2015; Ord. 6287 § 2, 2010; Ord. 6268 § 2, 2009.) The Auburn City Code is current through Ordinance 6961, passed December 2, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by General Code. Page 193 of 297 ACC 18.52.020, Number of off-street parking spaces required Page 1 of 7 The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. Chapter 18.52 OFF-STREET PARKING AND LOADING Sections: 18.52.005 Intent. 18.52.010 Applicability. 18.52.020 Number of off-street parking spaces required. 18.52.025 Disabled/handicapped parking requirements. 18.52.030 Reductions of the quantity of required parking. 18.52.040 Drive-through facilities. 18.52.050 Parking design, development, and maintenance stan dards. 18.52.065 Commercial vehicles in residential zones. 18.52.070 Repealed. 18.52.080 Repealed. 18.52.090 Repealed. 18.52.100 Repealed. 18.52.110 Fractional spaces. 18.52.120 Repealed. 18.52.125 Stacked parking. 18.52.130 Off-street loading space. 18.52.135 Alternate parking layouts. 18.52.020 Number of off-street parking spaces required. Each principal use of the land, building, or structure shall provide the number of off-street parking spaces required by this section. The following standards are not applicable in the DUC, downtown urban center zone; refer to Chapter 18.29 ACC for specific requirements for that zone. A. Parking Requirements by Land Use. 1. Minimum Number of Parking Spaces. Each land use shall provide the minimum number of off-street parking spaces required by Table 18.52.020, except where a greater number of spaces are required through a more specific approval p rocess such as an administrative use permit or conditional use permit approval. 2. Uses Not Listed. Where a use is not listed in Table 18.52.020, the planning director shall determine the number of required parking and/or loading spaces. The planning director Page 194 of 297 ACC 18.52.020, Number of off-street parking spaces required Page 2 of 7 The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. shall use the requirements in Table 18.52.020 as a guide in determining the number of off-street parking spaces required based on the similarity of uses or may consider a parking generation study. B. Maximum Number of Parking Spaces. Except for required parking spaces for persons with disabilities, spaces provided in park and ride lots operated by a public transit agency, spaces for carpools, spaces for electric vehicle charging and spaces within structured parking with two or more levels, the maximum number of parking spaces for nonresidential uses shall not exceed 125 percent of the minimum spaces required by Table 18.52.020. C. Measurement of Floor Area. In any case where Table 18.52.020 establishes a parking requirement based on floor area in square feet (for example: two spaces per 1,000 square feet (sf) of floor area), the floor area shall be construed to mean gross floor area (defined in ACC 18.04.430). D. Use With Accessory Components. A single use with accessory components shall provide parking for the primary use, and each component. For example, a hotel with a meeting room may be required to provide the parking spaces requir ed by Table 18.52.020 for a hotel (i.e., the guest rooms), and for a meeting room. E. Obstruction. Removal of required parking or loading spaces from practical use by obstruction, erection of buildings, or other actions as to reduce the parking or loading capacity or usefulness thereof below the minimum requirements established in this chapter is prohibited. F. Existing Legally Nonconforming Gravel Spaces. Up to six legally nonconforming gravel parking spaces may be used to meet off-street parking requirement for residential development. Table 18.52.020. Off-Street Parking Requirements by Land Use Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): 6 Residential Categories Page 195 of 297 ACC 18.52.020, Number of off-street parking spaces required Page 3 of 7 The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): 6 Single-unit detached dwelling, adult family home, home-based daycares Dwelling unit 2.00 Middle housing (2 to 6 units) See Chapter 18.25 ACC for middle housing parking requirements. Apartments (7 or more units) Dwelling unit 1.000.50 Mobile home dwellings1 Dwelling unit 2.00 Assisted living facilities and senior housing 4 bedroomsPer unit 1.00 Plus one space for each two employees0.00 Permanent supportive housing, transitional housing, emergency housing, and emergency shelters Per unit 0.00 Group living (includes supportive housing, boardinghouse) 4 bedrooms 1.00 Commercial Categories Auto sales and motorcycle, new 1,000 sf of floor area 2.29 Auto sales and motorcycle, used 1,000 sf of floor area 3.08 Daycare centers Each 10 children in care 2.00 Eating and drinking establishments 1,000 square feet of floor area 8.00 Food retail stores and markets 1,000 square feet of floor area 5.00 Health and fitness clubs 1,000 square feet of floor area 5.00 Page 196 of 297 ACC 18.52.020, Number of off-street parking spaces required Page 4 of 7 The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): 6 Hotel or motel Guest room or rental unit 1.00 Mini-marts and gas stations 1,000 square feet of floor area 5.00 Mortuaries or funeral homes 25 square feet of floor space 0.25 Motor vehicle repair and services 1,000 square feet of floor area 2.50 Personal service shops 1,000 square feet of floor area 2.50 Retail commercial establishments, less than 15,000 square feet of floor area 1,000 square feet of floor area 2.50 Retail commercial establishments, greater than 15,000 square feet of floor area 1,000 square feet of floor area 4.00 Shopping centers 1,000 square feet of floor area 4.004 Office Categories Business and professional offices 1,000 square feet of floor area 2.00 Medical-dental clinic; urgent care 1,000 square feet of floor area 3.00 Manufacturing Processing and Warehousing Categories (See also ACC 18.52.020(D)) All manufacturing, industrial, and processing uses, except the following: 1,000 square feet of floor area 1.00 Warehousing 2,000 square feet of floor area 1.00 Page 197 of 297 ACC 18.52.020, Number of off-street parking spaces required Page 5 of 7 The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): 6 Storage – Personal storage/mini-storage facilities 1,000 square feet of floor area2 0.10 Recreation, Education, Public Assembly Categories Auditoriums, stadiums, and theaters 25 square feet of floor space 0.25 Commercial recreation facilities – Indoor, except for the following: 1,000 square feet of floor area 5.00 Bowling alleys Lanes 5.00 Pool and billiard rooms Table 2.00 Skating rinks 1,000 square feet of floor area 5.00 Commercial recreation facilities – Outdoor 1,000 square feet of usable recreational area 3.00 Hospitals Bed 1.75 Library, museum 1,000 square feet of floor area 2.50 Meeting facility, public or private 25 square feet of floor space 0.25 Religious assembly 25 square feet of floor space 0.20 Schools (public and private) Preschool schools Employee3 1.00 Elementary/middle schools Teaching station 1.20 Page 198 of 297 ACC 18.52.020, Number of off-street parking spaces required Page 6 of 7 The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): 6 Secondary (high) schools Student 0.40 College or university (including trade and business schools) Student 0.75 Studios (dance, martial arts, etc.) 1,000 square feet of floor area 5.00 Tennis/racquetball/handball or other sport courts Court 2.00 Each 300 sf of floor area for accessory uses 1.00 Recreational uses not listed elsewhere Same as retail, based on size Notes: 1 Within mobile home parks, parking space shall not be allowed within the required setbacks. Guest parking shall be provided within the development: five percent of total requirement. 2 Includes total on-site building square feet. 3 There shall be two visitor-parking stalls provided for each 10 required employee stalls. 4 Compliance with these standards is not required for a change of use within an existing building. 5 Employee and customer parking only. 6 If the rate ends in an .5 and above the number of parking spaces is rounded up to the next full number to provide the total number of parking spaces required. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6419 § 5, 2012; Ord. 6388 § 1, 2011; Ord. 6167 § 4, 2008; Ord. 6140 § 2, 2007; Ord. 6071 § 3, 2007; Ord. 5777 § 1, 2003; Ord. 5556 § 1, 2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997; Ord. 4304 § 1(40), (41), 1988; Ord. 4229 § 2, 1987.) Page 199 of 297 ACC 18.52.020, Number of off-street parking spaces required Page 7 of 7 The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. The Auburn City Code is current through Ordinance 6976, passed April 7, 2025. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by General Code. Page 200 of 297 AGENDA BILL APPROVAL FORM Agenda Subject: Meeting Date: Proposed Changes to City Council Rules of Procedure June 9, 2025 Department: Attachments: Budget Impact: City Council Council Rules of Procedure Proposed Changes 05.14.2025, Current Council Rules of Procedure 10.07.2024 Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The Council Rules of Procedure Ad Hoc Committee met on March 21, 2025, March 28, 2025, April 11, 2025, April 18, 2025, April 22, 2025, May 8, 2025, and May 14, 2025. The Committee consists of Councilmember Kate Baldwin as the Chair, Deputy Mayor Cheryl Rakes, and Councilmember Clinton Taylor. Councilmember: Staff: Page 201 of 297 Proposed Changes to the Council Rules of Procedure as of May 14, 2025 Page 202 of 297 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 2 SECTION 2 COUNCIL MEETINGS 2 SECTION 3 ORDER OF BUSINESS FOR REGULAR COUNCIL MEETING AGENDA 554 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 998 SECTION 5 PRESIDING OFFICER - DUTIES 10 SECTION 6 COUNCILMEMBERS 11 SECTION 7 DEBATES 12 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 13 SECTION 9 VOTING 15 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 161615 SECTION 11 PUBLIC HEARINGS AND APPEALS 171716 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 1817 SECTION 13 COUNCIL POSITION VACANCY 2322 SECTION 14 COUNCIL MEETING STAFFING 252425 SECTION 15 COUNCIL RELATIONS WITH STAFF 262425 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 272526 SECTION 17 COUNCIL REPRESENTATION AND INTERNAL COMMUNICATION 313031 SECTION 18 TRAVEL AUTHORIZATION 26 SECTION 19 CONFIDENTIALITY 37 SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 37 SECTION 21 COUNCIL COMMITMENT 37 Page 203 of 297 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, 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 or Interim 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 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 or Interim Deputy Mayor shall be seated to the Presiding Officer’s immediate left. When the Deputy Mayor or Interim Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the Deputy Mayor or Interim 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 or Interim Deputy Mayor. The seating arrangement will be decided once every calendar year.The seating arrangement for the Council shall be by position number, beginning with the lowest number from right to left as viewed from behind the dais, except for the position of the Deputy Mayor, which shall be as provided above. 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 Page 204 of 297 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 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, presenters, and speakers shall be done in such a way as to provide for maximum visibility of all attendees. The Deputy Mayor and the Special Focus Area Chairperson for the scheduled focus area, as set out by 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 Page 205 of 297 Page 4 In the event of an emergency, Council may vote on emergency expenditures pursuant to RCW 35A.34.140 and 35A.34.150. 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 Council Retreat. Council will coordinate with the Mayor and key staff to strive to hold an annual retreat in the first or second quarter of each calendar year. 2.6.1 Pre-Retreat Preparation. The Deputy Mayor may choose either 1:1 meetings with Councilmembers or a collaborative Council Study Session to discuss and establish the retreat agenda, format, and necessary logistics, including facilitation. The Mayor and City Administrator may offer recommendations for retreat topics. Any staffing or logistics desired for the retreat must be approved by and coordinated through the Mayor. 2.6.2 Retreat Agenda and Agenda Packet. Once Council has approved the final retreat agenda, the City Clerk shall publish and distribute it to all Councilmembers, the Mayor, and key staff no later than two (2) weeks prior to the scheduled retreat. The City Clerk will prepare and distribute the retreat agenda packet to Councilmembers one (1) week prior to the scheduled retreat to facilitate Council review and preparation. 2.6.3 Retreat Facilitation. Council retreats shall take place within the city of Auburn and may be facilitated by the Deputy Mayor, a key staff member, or a third- party facilitator. 2.6.4 Post-Retreat Follow-Up. The Council may request periodic updates from the Mayor and key staff on Council goals and priorities established at the retreat. 2.7 Council Listening Sessions. The Council may conduct community listening sessions as desired; however, any staffing or logistics desired for such listening sessions must first be approved by and coordinated through the Mayor. The purpose of these meetings will be to provide a forum to hear from the community on topics of interest. The community listening sessions may be held at various locations throughout the City, and may be facilitated by the Mayor, the Deputy Mayor, a member of staff, or a third-party facilitator. For OPMA purposes, these 7 RCW 42.30.110(1), 42.30.140 Page 206 of 297 Page 5 meetings shall be considered Special Meetings of the Council and shall be coordinated with the Mayor, City Attorney, and City Clerk. 2.87 Cancellation of Meetings. Meetings may be canceled by the Mayor with the concurrence of the Deputy Mayor or Interim Deputy Mayor or, in the absence of either, by the Mayor or the Deputy Mayor or Interim 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. 2.98 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 5:00pm on the Wednesday preceding each Regular Council Meeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or 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. 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 Page 207 of 297 Page 6 for, may be preceded by discussion in Executive Session, where appropriate. H. Agenda Modifications. Changes to the Council’s published agenda are announced at this time. I. Public Hearings and Appeals. Individuals may comment on public hearing and appeal items by submitting written comments to the City Clerk in advance of the public hearing or by participating in the forum designated by the public hearing notice. However, if an appeal is a closed-record appeal, the matter shall be considered only based on information, evidence, and documents in the record. Argument on the appeal shall refer only to matters, information, documents, and evidence presented at the underlying hearing from which the appeal is taken. 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. M. Consent Agenda. Approval of the Consent Agenda, including items considered to be routine and non-controversial, may be approved by one motion. Items on the Consent Agenda include, but are not limited to, the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. The Chair for a Special Focus Area may speak to any of the items on the Consent Agenda that are relevant to the Special Focus Area that they are assigned. 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. Page 208 of 297 Page 7 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 required to provide the Mayor and Deputy Mayor or Interim Deputy Mayor information regarding the topic of any new business 48 hours prior to the Council meeting.Councilmembers may raise issues of interest for future study as needs may arise and the Mayor and Deputy Mayor shall coordinate a future Study Session date for consideration. 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 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. In the event of a public emergency, an ordinance may be made effective on adoption, instead of after five days after publication, with a majority vote plus one of the whole Council. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace. Page 209 of 297 Page 8 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 activities related to federal, state, regional, City, and local organizations for which they are members in their official capacity as elected officials. Reports shall regard those activities and events that have occurred since the last Regular Meeting and that have an important and direct impact or benefit to the City. 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. 3.3 Amendment to Agenda. The sequence of handling items on the agenda of a particular Regular Council Meeting may be amended from order listed on the printed/approved agenda as follows: A. Motion to Suspend the Rules. 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 Page 210 of 297 Page 9 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. A Councilmember will be excused from a meeting if they have submitted a request in advance of the meeting. Written requests should be submitted 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. Councilmembers shall send their email communication regarding their absence or anticipated late arrival to Council meetings or committees to the CouncilAlerts@auburnwa.gov email address. [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 or Interim 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 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, statewide, 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] Page 211 of 297 Page 10 4.2 Study Sessions. A. Councilmembers shall attend all Study Sessions. A Councilmember will be excused from a meeting if they have submitted a request pursuant to section 4.1A of these rules, in advance of the meeting. Written requests should be submitted 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 to log into their electronic devices. 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. Councilmembers shall address their remarks to the Presiding Officer and shall address elected officials and staff by their title or other method that uses their last name rather than first name, e.g., “Mayor [surname],” “Deputy Mayor [surname], “Councilmember [surname]” “Chief [surname],” or “Director [surname],” as applicable. The purpose of this approach is to ensure that the City Clerk can create accurate meeting minutes. 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 Page 212 of 297 Page 11 5.1 Conduct of Meetings. A. The Mayor will preside over all Regular Meetings, Special Meetings, and Emergency Meetings of the Council. If the Mayor is absent, the Deputy Mayor or Interim Deputy Mayor will preside. If both the Mayor and Deputy Mayor or Interim Deputy Mayor are absent, the Chair of Municipal Service Special Focus Area or Chair of the Finance and Internal Services Special Focus Area (in that order) will preside. B. The Deputy Mayor or Interim 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 or Interim 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 Special Focus Area Vice Chair will preside. C. 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. 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 Page 213 of 297 Page 12 City and of the community. Councilmembers shall also interact with other members of the City Council, the Mayor, and City staff in ways that promote effective local government. 6.4 Council Training. Councilmembers shall are encouraged to participate in training offered by individuals, agencies, entities, and organizations including, but not limited to, the Association of Washington Cities (AWC), Mun icipal Research and Services Center (MRSC), Jurassic Parliament, and the State of Washington. This includes initial orientation after taking office, and other required or recommended training. 6.4.1 Resources provided to each Council member shall include: 1) a current copy of the “Mayor and Councilmember Handbook” produced by AWC and MRSC;, and 2) a current copy of “Mastering Council Meetings: A Guidebook for Elected Officials and Local Governments” from Jurassic Parliament; and 3) a current version of the City Council Rules of Procedure.. 6.4.2 Councilmembers are encouraged to complete tT raining should be completed by each Councilmember within the first year of joining Council. staff will work with Directors, the Deputy Mayor or interim Deputy Mayor, and Councilmembers will be provided to ensure required OPMA and PRA and other recommended trainings. are scheduled and completed. 6.4.3 Training may include: o Elected Officials Essentials Workshop from AWC o NeoGov Training as assigned by Auburn’s HR Department o An overview of each Department presented by the respective department’s Director and/or that Director’s delegate o A review of Council process for submitting New Business provided by the Deputy Mayor or interim Deputy Mayor o A review on the process for submitting materials for the Council packet provided by the City Clerk o City of Auburn and associated Facility Tours o White River Valley Museum New Hire Tour 6.4.4 Progress against training shall be tracked by the Deputy Mayor, or interim Deputy Mayor, and reviewed during 1-on-1 meetings with the individual Council members. 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. Page 214 of 297 Page 13 Councilmembers who have confirmed their intent to attend are expected to arrange their appearance in order to avoid unnecessary expenditure of City funds. 6.6 Code of Conduct. Councilmembers shall be subject to the policies in Exhibit 1 A of these Rules as they currently exist or are modified in the future. Unless otherwise stated in these Rules, the terms, provisions, and conditions set forth in the Polices are hereby incorporated into these Rules. Any violation of these policies, as determined by the City Council, shall be subject to section 20.1 of these Rules. 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. 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 Ppresiding Officer, be courteous in their language and deportment, and shall not engage in or discuss or comment on personalities, or make derogatory remarks or insinuations with respect to any other member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant to the question or matter under discussion. 7.4 Challenge to Ruling. Any member of the Council shall have the right to challenge any action or ruling of the Presiding Officer, in which case the decision of the majority of the members of the Council present shall govern. SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS Page 215 of 297 Page 14 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. The Mayor, as Presiding Official, shall be allowed to vote to break a tie vote, except where prohibited by law. 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. A motion and second is not an indication by a Councilmember that they support the action. The motion and second enables discussion and debate in advance of a formal 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. A Councilmember may confer with the City Attorney to determine whether the Councilmember is required to abstain. 8.7 A motion to table is non-debatable and shall preclude all amendments or debates of the issue under consideration. A motion to table effectively removes the item without a time certain. A motion to table to a time certain will be considered a motion to postpone as identified in Section 8.8. To remove an item from the table requires a two-thirds' majority vote. 8.8 A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or at 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. Page 216 of 297 Page 15 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 motions 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 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 arise 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 Page 217 of 297 Page 16 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. Groups desiring to be scheduled for presentations on a Council Meeting Agenda shall coordinate through the City Clerk. 10.2 Persons or groups that are not specifically scheduled on the agenda may address the council by filling out a speaker sign-in sheet (available at the City Clerk’s desk or at a designated location within the Council Chambers), and (when recognized by the Presiding Officer) stepping up to the podium and giving their name and city of residence 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 Page 218 of 297 Page 17 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 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 ten (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. 8 RCW 42.30.050 Page 219 of 297 Page 18 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. 11.1 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. 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 appropriateas required by these Rules , 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 at least one year by the commencement of the new term for Deputy Mayor, at the beginning for that Councilmember’s terms as Deputy Mayor and has attained their Certificate of Municipal Leadership from AWC, 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 Page 220 of 297 Page 19 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. The nomination of a Councilmember for the position of Deputy Mayor does not require a second, and a Councilmember may nominate him or herself. 2. In connection with the selection of Deputy Mayor, Councilmembers are expected to approach the election in an open, transparent, and respectful manner, avoiding anything that jeopardizes harmony among Councilmembers. B.A. 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 themself. C.B. The names of all nominees for the position of Deputy Mayor shall be included in the vote. D.C. 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.D. The Deputy Mayor shall serve at the pleasure of the Council. F.E. In the event of a prolonged absence or unavailability of the Deputy Mayor, the Council shall vote on which Councilmember shall serve as the Interim Deputy Mayor. The Interim Deputy Mayor shall be the Councilmember who receives a majority vote. That Councilmember shall then serve as Interim Deputy Mayor until the return of the regular Deputy Mayor, or until the subsequent Deputy Mayor is designated by majority vote. The Interim Deputy Mayor shall have all the rights, duties, and authority of the Deputy Mayor under these rules. Hereafter and throughout these Rules, any Interim Deputy Mayor, once selected, shall be referred to as the “Deputy Mayor.” G.F. 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.G. In the event that the Councilmember selected as Deputy Mayor or Interim 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 Page 221 of 297 Page 20 Deputy Mayor or Interim Deputy Mayor from this position, in which case, the Council shall elect the next Deputy Mayor or Interim Deputy Mayor in accordance with Section 12 to serve the remainder of the term. I. Routine Elections will be held no later than the last Council meeting of the year for determining the Deputy Mayor for the subsequent year. [See RCW 35A.12.065.] 12.2 The Deputy Mayor or Interim Deputy Mayor, as the head of the legislative branch9 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 facilitating a readthrough of the rules of procedure new Councilmembers, and a Member of the City Attorney’s Office, consistent with Rule 6.4.2if requested;, 4. Support cooperative and interactive relationships among Councilmembers; 5. Work with Mayor and 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. , The Deputy Mayor shall seek to solicit interest from Councilmembers and shall thereafter designate Special Focus Area Chairs and Vice-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 in order to reinforce appropriate Special Focus Area topics and to ensure the Councilmember understands how to preside over their portion of the meeting. 9 Auburn’s form of government is a “mayor-council code city,” under the provisions of RCW 35A.12. Pursuant to RCW 35A.12.100, the mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants and department heads. Page 222 of 297 Page 21 With support from the City Attorney and/or City Clerk, ensure that Councilmembers are aware of the requirements and limitations related to the Open Public Meetings Act (OPMA) and reinforce adherence to the OPMA and quorum triggers when Councilmembers are operating and communicating in their Ad-Hoc Committee and Special Focus Areas roles. The Deputy Mayor has a responsibility to report violations of the OPMA when they are made aware of a violation. B. Mayor-Council Relations: 1. Help maintain a positive and cooperative relationship between the Mayor and the City Council and facilitate communication between the Mayor and the Council to promote transparency, collaboration, and effective governance; 2. Act as conduit between the Mayor and the City Council on issues or concerns relating to their duties; 3.2. Preside over Regular Meetings of the City Council in the absence or unavailability of the Mayor; 4.3. 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, or Interim Deputy Mayor, in consultation with the Mayor, shall act as Mayor until the return and availability of the Mayor; 5.4. The Deputy Mayor or Interim Deputy Mayor shall also stand in on behalf of the Mayor in other situations as requested by the Mayor; Page 223 of 297 Page 22 6.5. In the performance of the duties of the Mayor in a temporary capacity (not defined as a prolonged absence), the Deputy Mayor or Interim Deputy Mayor shall not have authority to appoint, remove, replace, discipline or take other similar action on any Department Director or employee of the City; 7.6. The Deputy Mayor or Interim Deputy Mayor shall not have veto authority for actions that may be taken by the City Council; 8. The Deputy Mayor or Interim 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; 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, pursuant to ACC 2.75.066. D. Other Duties of the Deputy Mayor or Interim Deputy Mayor: 1. In cooperation with the Mayor and Special Focus Area Chairpersons and with assistance from Administration, create and establish agendas for all Study Sessions; 2. Serve as liaison to the Junior City Council, encouraging, guiding, and counseling the members of the Junior City Council in connection with its duties and assignments; 3. Facilitate any issue related to the conduct and/or actions of Councilmembers that may be inappropriate or that may be in violation of the Council Rules of Procedure (Section 6.6 or 20.1); 4. Conduct regular and periodic meetings with individual Councilmembers and the City Attorney or designee if requested by either party, 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 Page 224 of 297 Page 23 meetings shall avoid not have more than two Councilmembers at such meetingscreating a quorum. 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 Council does not appoint a person within the ninety (90) day period, the County may appoint a qualified person to fill the vacancy as provided by RCW 42.12.070 and Council Rules 13.3 through 13.20. 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. 13.3 The City Clerk’s Office shall prepare and submit a display advertisement to the City’s official newspaper, with courtesy copies to all other local media outlets, which announces the vacancy consistent with the requirements necessary to hold public office: that the applicant (a) be a registered voter of the City of Auburn, and (b) have a one (1) year residency in the City of Auburn. This display advertisement shall contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, Councilmember powers and duties, the deadline date and time for submitting applications, interview and appointment schedules, and such other information that the City Council deems appropriate. 13.4 The City Clerk’s Office shall prepare an application form which requests appropriate information for City Council consideration of the applicants. Applications will be available at City of Auburn offices and on the City’s official website. Copies of the display advertisement will be provided to current members of the City of Auburn commissions, committees, boards, task forces and other City-sponsored community groups. Page 225 of 297 Page 24 13.5 Applications received by the deadline date and time will have personally identifiable information removed, and each Councilmember may submit two interview questions with a designation as to their primary and secondary questions. If two of the questions submitted by differing Councilmembers are similar one of Councilmember’s second question will be used. 13.6 In the event the City receives more than 10 completed applications, each City Councilmember will submit to the City Clerk an unranked list of the candidates the Councilmember wishes to move forward in the process. Each Councilmember’s list should contain no more than 15 anonymized candidates. The City Clerk shall aggregate all Councilmembers lists into one unranked master list of the 10-15 candidates most commonly selected among the individual lists provided. The list shall be arranged in the anonymized order and shall only include the anonymized designation of the candidates. This aggregated list shall be provided to the Council during the executive session prior to the interview meeting. If less than 10 completed applications are received the Council will move forward with the above process with all applicants. 13.7 Immediately following the executive session, Council shall meet in public session to select which candidates to invite to participate in an interview at a future City Council meeting. The decision as to which applicants to interview will be based on the information contained in the application forms and Council’s evaluation of the qualifications of the candidates. The decision as to which candidates will be interviewed will be at the sole discretion of the City Council. 13.8 At the opening of the meeting at which interviews take place, the Mayor shall provide an overview of the format and ground rules for the meeting. The applicant’s order of appearance shall be determined at this time by a random lot drawing performed by the City Clerk. 13.9 In order to ensure each candidate has a fair and equal opportunity to speak with Council, all candidates will be asked to remain sequestered at City Hall, which includes not using electronic devices, for the duration of all candidate interviews. Candidates will be ushered to and from the City Council Chambers by a member of City staff in order to participate in their interview at the pre-determined time. 13.10 Each candidate interview shall be no more than 30 minutes in length. The Council may reduce the 30-minute interview time if the number of applicants exceeds six candidates. Each interview shall follow the following format. (1) The applicant shall present their credentials to the City Council (up to 10 minutes). (2) The City Council shall ask the predetermined set of questions, one question per Councilmember, which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions and will have two (2) minutes to answer each question (up to 14 minutes). (3) An informal question-and-answer period during Page 226 of 297 Page 25 which Councilmembers may ask and receive answers to miscellaneous or follow- up questions (remainder of time). 13.11 Upon completion of the interviews, the Council may convene into Executive Session to discuss the qualifications of the applicants. However, all interviews, deliberations, nominations, and votes taken by Council must be in open public sessions. The Council may not determine who to select or reach a consensus on a preferred candidate in Executive Session. 13.12 The Mayor asks for nominations from Councilmembers for the purpose of creating a group of candidates to be considered. No second is needed. 13.13 Nominations are closed by a motion, second, and majority vote of Council. 13.14 Councilmembers may deliberate on matters such as criteria for selection and the nominated group of candidates. 13.15 The Mayor polls the Councilmembers to ascertain if they are prepared to vote. Voting for the nominated candidates shall be by random order. Voting must take place in a manner in which the public is notified as to the vote of each existing Councilmember for which candidate. If there is more than one candidate, a vote must be taken for each candidate to record each Councilmember’s vote. 13.16 The City Clerk records the votes in the meeting minutes. 13.17 The selection of a candidate to fill the vacancy is made by a majority vote of the remaining six members of the Council. 13.18 If a majority vote is not received for a candidate, the Council may postpone elections until another date within the 90 day90-day period. 13.19 The Mayor declares the nominee receiving the majority vote as the new Councilmember to be sworn in immediately after the effective date of the resignation. 13.20 The term of the candidate selected to fill the vacancy will be in effect until a person is elected at the next regular election for municipal officers. If successful at the election, the interim term would then end, and the appointed Councilmember will either complete the 4-year term of the vacated position or begin a new 4-year term, depending on the position number of the vacated position. SECTION 14 COUNCIL MEETING STAFFING Page 227 of 297 Page 26 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 Councilmembers shall be made available to the full Council. 15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. Councilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. 15.5 Other than through legislative action taken by the Council as a whole, individual Councilmembers shall not interfere with the operating rules and practices of any City department. 15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare any report that is significant in nature, or initiate any project or study without the consent of a majority of the Council. This provision, however, does not prohibit individual Councilmembers from discussing issues with the Mayor or making individual requests or suggestions to the Mayor. The Mayor shall endeavor to advise and update the Councilmember(s) on the status or follow-up of such issues. 15.7 All Councilmember requests for information, 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 or Interim 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. Page 228 of 297 Page 27 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 Study Sessions and Special Focus Areas. In addition to the regularly scheduled City Council meetings (Regular Council Meetings) scheduled on the first and third Mondays of the month. 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. Special Focus Areas and General Business Focus Areas. Study Sessions shall consist of (1) a Special Focus Area in each meeting and (2) a General Business Focus Area in each meeting. 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 & Internal Services. The General Business area shall be scheduled second 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 General Business area on the agenda shall follow the Special Focus area portion on the Study Session agenda. The Special Focus Area groups shall be on a rotating basis described below. The Special Focus Area groups shall be tasked with oversight of Council considerations as follows: 1. Community Wellness • Health, Equity, & Wellness • Neighborhood Services • Homelessness Prevention • Social Services • Diversity, Equity, & Inclusion • Cultural Arts & Community Events • Housing Policy 2. Finance & Internal Services • Facilities • Technology • Property management Page 229 of 297 Page 28 • Risk management & Insurance  Legal • Fiscal Sustainability 3. Public Works & Community Development • Utilities • Transportation • Environmental Policy • Land Use & Development • Right of Way Management • Airport • Park Development • Economic Development 4. Municipal Services • Public Safety • Courts • Recreation, Museum & Senior Services • Animal Control • Emergency Planning • Cemetery • Communications B. Scheduling of Special Focus Area. 1. The Special Focus Areas shall conduct their portion of the Study Sessions on second and fourth Mondays of the month on a rotating basis such as follows: Public Works & Community Development, then Municipal Services, then Community Wellness, then Finance & Internal Services, then Public Works & Community Development, then Municipal Services, and so on. 2. On fifth Mondays of the month, Study Sessions will not typically include any of the above Special Focus Areas but may include special topics and issues of general concern to the City Council, including Council operating arrangements and Council Rules of Procedure. It is provided, however, that in order for the City Council to address the matters coming before the City Council, the Mayor and Deputy Mayor or Interim 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. Such matters will be scheduled to allow sufficient time for preparation of relevant background analysis and information concerning said items and provision to all Councilmembers 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 Page 230 of 297 Page 29 Mayor, the Deputy Mayor or Interim Deputy Mayor, the Vice-Chair, and the designated Departments Director(s) for the Special Focus Area. The matters will be scheduled to allow sufficient time for preparation of relevant background analysis and information concerning said items and provision to all Councilmembers 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 or Interim 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.10 1. Call to Order. 2. Public Participation. 3. Roll Call. 4. Agenda Modifications. 5. Announcements, Reports, and Presentations. 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. 10 It is the intention of the City Council that Study Sessions shall be televised on the City’s public access channel if reasonably possible. Page 231 of 297 Page 30 7. Agenda Items for Council Discussion. 7.8. Council Reports. The Deputy Mayor or Presiding Officer shall facilitate this portion of the agenda by calling on each Councilmember in turn, sharing topics of interest and/or reports on SFA matters, limiting their individual comments to approximately five (5) minutes each. 8.9. Adjournment. 16.2 Ad Hoc Committees. The Mayor, the Deputy Mayor or interim Deputy Mayor, or a majority of the City Council may establish an Ad Hoc Committee as may be appropriate to consider special matters that require special approach or emphasis. The Deputy Mayor or Interim Deputy Mayor, shall be the ex-officio member of all Ad Hoc Committees. The remaining two members shall be voted on by the full Council. A. 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. B. Ad Hoc Committees shall consider all matters referred to them and take action by majority consensus only when all Ad Hoc Councilmembers are present. Thethe Chair of such Ad Hoc Committee shall report to the Council the findings of the committee. Committees may refer items to the Council with a committee recommendation or with no committee recommendation. C. Unless otherwise expressly provided for when forming an Ad Hoc Committee, it is the intention of the Council that Ad Hoc Committees function informally and not in any way that takes action in lieu of or on behalf of the full Council. The purpose and function of such Ad Hoc Committees shall be to review matters in advance of their consideration by the full Council, and perhaps record and make recommendations to the full 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. Public testimony relating to topics referred to an Ad Hoc Committee must be received during a regular Council meeting, consistent with OPMA rules. Presentations on topics of interest, at Council’s request, may be received during a study session. D. Councilmembers on Ad Hoc Committees may request a staff liaison, and City Attorney or City Attorney’s designee, be present to assist the Councilmembers Page 232 of 297 Page 31 with institutional knowledge on the subject matter to be discussed. All requests for staff assistance must be approved by the Mayor prior to allocating resources. 16.3 Intergovernmental Councils, Boards and Committees. The Mayor shall appoint Council representatives to intergovernmental councils, boards, and committees. A. 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. B. Councilmembers will prioritize appointments to Intragovernmental Councils, Boards, and Committees by seeking and filling positions that provide value to the City and its constituents. Providing value occurs in the following order of priority: (1) bringing money to the City, (2) bringing projects and/or investments into the City, (3) influencing policy or investment outcomes in the City, and (4) protecting City interests. C. Advisory Boards, Committees, and Commissions established by ordinance, consisting of residents appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the Council. 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 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 Council’s position, and the statements are those of the Councilmember as an individual. Additionally, before a Councilmember discusses anything that does or could relate to City liability, the Councilmember should talk to the City Attorney or the City’s Risk Manager, so that the Councilmember would have a better understanding of what may be said or how the discussion should go to control or minimize the City’s liability risk and exposure. Page 233 of 297 Page 32 17.1 If a Councilmember speaks at a meeting, event, or with any individual, organization, or agency—especially those with ties to the City—they must state the Council’s majority position, if known. If expressing a personal opinion that differs, they must clarify that they are speaking as an individual and not on behalf of the Council. Before discussing matters that may involve City liability, the Councilmember should first consult with the City Attorney or Risk Manager to help minimize legal risks. 17.2 Councilmembers need to have other Councilmember’s concurrence before representing another Councilmember’s view or position with the media, another government agency, or community organization. 17.3 Councilmembers shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember’s role as a City official. 17.4 Communication among Councilmembers shall conform to the following parameters: A. Except in connection with Councilmembers 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, successive communications on Council topics that involve a quorum of the Councilmembers shall not occur. Councilmembers shall 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 Council about matters within the scope of the Council’s authority or related to City business, but not yet scheduled on upcoming Council agendas, to indicate a desire that certain items be included on upcoming meeting agendas; provided that Councilmembers shall never ask for responses from the other Councilmembers in that communication. C. Email communication among Councilmembers relating to City operations should also include the Mayor as a recipient/addressee. D. Councilmembers may email the Mayor about City business without limitations or restrictions. Page 234 of 297 Page 33 E. The Deputy Mayor or Interim 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. Council email correspondence and all electronic communications shall utilize the designated city email account or city device with no exceptions and within the parameters of the Open Public Meetings Act and the Public Records Act. 17.6 Council Relations with City Boards and Commissions. A. Council Liaisons. In addition to where a Councilmember is appointed by the 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 Council. The role and responsibility of the Councilmember-Liaison is to keep the City Council apprised of the activities, positions, and actions of the entity or organization to which the Councilmember has been appointed Liaison, and not to communicate to the board, commission, committee, task force, or other advisory body a statement as the position of the City Council, except as authorized or directed by the Council. Insofar as a Councilmember-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 or Interim 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 Page 235 of 297 Page 34 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. 17.717.8 Council Attendance. If a Councilmember commits to attend an event, all effort shall be made to attend the event, given potential city funds expended and community expectations of attendance. If an emergency arises where the Councilmember cannot attend, the Councilmember shall send notice to CouncilAlerts@Auburnwa.gov as soon as practicable. 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 conferences also provide valuable opportunities to network with other elected City officials. Comparing Auburn's specific issues with those of other cities often provides the Council with established policies already in place in other cities that can be adapted to meet the specific needs of the City of Auburn, as well as expediently and efficiently acquainting Auburn City Councilmembers with ideas of how to address Auburn issues and solve Auburn problems. 18.2 Annual Budget Amounts for Council Travel . To accommodate Council travel, the Auburn City Council shall allocate an identified amount of money each year in the City budget process to each Councilmember for City-related travel costs, including transportation, lodging, meals, and registration costs. 18.3 Adjustment of Council Travel Allocations. If a Councilmember needs more than the amount of travel related funds allocated for their use, the Councilmember shall (1) see if there are unused funds available from any other Councilmember(s) who are willing to transfer funds from their account to the Councilmember needing additional travel funds. If so, with the consent of the Deputy Mayor or Interim Deputy Mayor and the other transferring Councilmember(s), funds will be transferred to the requesting Councilmember’s allotment. The request including approval from the Councilmember willing to transfer funds and the consent of the Deputy Mayor or Acting Deputy Mayor must be sent to the Council Administrative Assistant prior to the funds being expended or (2) shall request a net adjustment to the budget adding Page 236 of 297 Page 35 additional funds to their allotment, which adjustment shall be approved by a majority of the whole Council. 18.4 Receipts and Travel Documentation. Each 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, and a written report regarding the authorized travel the Councilmember attended. All documentation shall also be sent via email to the CouncilAlerts@auburnwa.gov email address. Quarterly reports of the travel costs incurred by each Councilmember shall be provided by the Finance Department. Any sums overpaid to any Councilmember shall be reimbursed to the City, or automatically deducted from that Councilmember’s next payroll, upon reasonable notice from the Council Administrative Assistant. 18.4 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. SECTION 21 COMMUNITY COMMITMENT Page 237 of 297 Page 36 21.1 The Auburn City Council acknowledges our role as city leaders to champion a community that fosters a Racially Equitable, Diverse, and Inclusive culture. Page 238 of 297 Page 37 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 Amended by Resolution No. 5782, October 7, 2024 Page 239 of 297 Current Council Rules of Procedure adopted by Resolution No. 5782 October 7, 2024 Page 240 of 297 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 2 SECTION 2 COUNCIL MEETINGS 2 SECTION 3 ORDER OF BUSINESS FOR REGULAR COUNCIL MEETING AGENDA4 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 8 SECTION 5 PRESIDING OFFICER - DUTIES 10 SECTION 6 COUNCILMEMBERS 11 SECTION 7 DEBATES 12 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 13 SECTION 9 VOTING 15 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 15 SECTION 11 PUBLIC HEARINGS AND APPEALS 16 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 17 SECTION 13 COUNCIL POSITION VACANCY 22 SECTION 14 COUNCIL MEETING STAFFING 24 SECTION 15 COUNCIL RELATIONS WITH STAFF 24 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 25 SECTION 17 COUNCIL REPRESENTATION AND INTERNAL COMMUNICATION 30 SECTION 18 TRAVEL AUTHORIZATION 26 SECTION 19 CONFIDENTIALITY 37 SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 37 SECTION 21 COUNCIL COMMITMENT 37 Page 241 of 297 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, 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 or Interim 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 Clerk 1 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 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 or Interim Deputy Mayor shall be seated to the Presiding Officer’s immediate left. When the Deputy Mayor or Interim Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the Deputy Mayor or Interim 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 or Interim 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 Page 242 of 297 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 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, presenters, and speakers shall be done in such a way as to provide for maximum visibility of all attendees. The Deputy Mayor and the Special Focus Area Chairperson for the scheduled focus area, as set out by 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 Page 243 of 297 Page 4 In the event of an emergency, Council may vote on emergency expenditures pursuant to RCW 35A.34.140 and 35A.34.150. 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 Council Retreat. Council will coordinate with staff to strive to hold an annual retreat in the first or second quarter of each calendar year. 2.7 Cancellation of Meetings. Meetings may be canceled by the Mayor with the concurrence of the Deputy Mayor or Interim Deputy Mayor or, in the absence of either, by the Mayor or the Deputy Mayor or Interim 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. 2.8 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 5:00pm on the Wednesday preceding each Regular Council Meeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or 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. 7 RCW 42.30.110(1), 42.30.140 Page 244 of 297 Page 5 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. E. Roll Call. The City Clerk will call the roll. F. Announcements, Proclamations and Presentations. A proclamation is defined as an official announcement made by the Mayor or the City Council regarding a non-controversial event, activity, or special interest group which has a major city-wide impact. G. Appointments. Appointing individuals to various committees, boards and commissions. Confirmation of appointments, where confirmation is called for, may be preceded by discussion in Executive Session, where appropriate. H. Agenda Modifications. Changes to the Council’s published agenda are announced at this time. I. Public Hearings and Appeals. Individuals may comment on public hearing and appeal items by submitting written comments to the City Clerk in advance of the public hearing or by participating in the forum designated by the public hearing notice. However, if an appeal is a closed-record appeal, the matter shall be considered only based on information, evidence, and documents in the record. Argument on the appeal shall refer only to matters, information, documents, and evidence presented at the underlying hearing from which the appeal is taken. 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. Page 245 of 297 Page 6 M. Consent Agenda. Approval of the Consent Agenda, including items considered to be routine and non-controversial, may be approved by one motion. Items on the Consent Agenda include, but are not limited to, the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. The Chair for a Special Focus Area may speak to any of the items on the Consent Agenda that are relevant to the Special Focus Area that they are assigned. 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 required to provide the Mayor and Deputy Mayor or Interim 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 Page 246 of 297 Page 7 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 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. In the event of a public emergency, an ordinance may be made effective on adoption, instead of after five days after publication, with a majority vote plus one of the whole Council. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace. Q. Resolutions. All resolutions shall be in writing. Titles may be read aloud before the resolution is voted on. Any Councilmember may request a full reading of the text of a proposed resolution prior to the vote on its passage. The request for a full reading of a resolution does not need to be voted on. However, the request for a reading of the title of the proposed resolution, or a full reading of the text of the proposed resolution may be waived by a majority of the Councilmembers in attendance at the Council Meeting. After a motion to pass a resolution has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the resolution without simply repeating the resolution title, and the Councilmember may choose to comment on any results of Council discussion or action regarding the issue. Discussion and debate by the City Council on resolutions will be held before the vote on a resolution. Councilmembers shall decide whether or not to amend the resolution, or direct staff to further review the proposed resolution. A resolution shall be passed by a majority vote of a quorum of the Council, provided that passage of any resolution for the payment of money or that grants or revokes a franchise or license, shall require the affirmative vote of at least a majority of the whole membership of the Council. R. Mayor and Councilmember Reports. The Mayor and Councilmembers may report on their activities related to federal, state, regional, City, and local organizations for which they are members in their official capacity as elected officials. Reports shall regard those activities and events that have occurred since the last Regular Meeting and that have an important and direct impact or benefit to the City. The Mayor and Councilmembers shall limit their reports to not more than three (3) minutes, with sensitivity to avoiding duplicate reporting. Page 247 of 297 Page 8 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. 3.3 Amendment to Agenda. The sequence of handling items on the agenda of a particular Regular Council Meeting may be amended from order listed on the printed/approved agenda as follows: A. Motion to Suspend the Rules. 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. A Councilmember will be excused from a meeting if they have submitted a request in advance of the meeting. Written requests should be submitted 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. Councilmembers shall send their email communication regarding their absence or anticipated late arrival to Council meetings or committees to the CouncilAlerts@auburnwa.gov email address. [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 or Interim Deputy Mayor, and Page 248 of 297 Page 9 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 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, statewide, 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. A Councilmember will be excused from a meeting if they have submitted a request pursuant to section 4.1A of these rules, in advance of the meeting. Written requests should be submitted 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 to log into their electronic devices. 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. Councilmembers shall address their remarks to the Presiding Officer and shall Page 249 of 297 Page 10 address elected officials and staff by their title or other method that uses their last name rather than first name, e.g., “Mayor [surname],” “Deputy Mayor [surname], “Councilmember [surname]” “Chief [surname],” or “Director [surname],” as applicable. The purpose of this approach is to ensure that the City Clerk can create accurate meeting minutes. 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 Meetings, Special Meetings, and Emergency Meetings of the Council. If the Mayor is absent, the Deputy Mayor or Interim Deputy Mayor will preside. If both the Mayor and Deputy Mayor or Interim Deputy Mayor are absent, the Chair of Municipal Service Special Focus Area or Chair of the Finance and Internal Services Special Focus Area (in that order) will preside. The Deputy Mayor or Interim 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 or Interim 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 Special Focus Area Vice Chair will preside. 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. Page 250 of 297 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 other 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 limited to, the Association of Washington Cities (AWC), Municipal Research and Services Center (MRSC), Jurassic Parliament, and the State of Washington. This includes initial orientation after taking office, and other required or recommended training. 6.4.1 Resources provided to each Council member shall include: 1) a current copy of the “Mayor and Councilmember Handbook” produced by AWC and MRSC, and 2) a current copy of “Mastering Council Meetings: A Guidebook for Elected Officials and Local Governments” from Jurassic Parliament. 6.4.2 Training should be completed by each Councilmember within the first year of joining Council. staff will work with Directors, the Deputy Mayor or interim Deputy Mayor, and Councilmembers to ensure required trainings are scheduled and completed. 6.4.3 Training may include: o Elected Officials Essentials Workshop from AWC o NeoGov Training as assigned by Auburn’s HR Department o An overview of each Department presented by the respective department’s Director and/or that Director’s delegate o A review of Council process for submitting New Business provided by the Deputy Mayor or interim Deputy Mayor o A review on the process for submitting materials for the Council packet provided by the City Clerk o City of Auburn and associated Facility Tours o White River Valley Museum New Hire Tour Page 251 of 297 Page 12 6.4.4 Progress against training shall be tracked by the Deputy Mayor, or interim Deputy Mayor, and reviewed during 1-on-1 meetings with the individual Council members. 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.Code of Conduct. Councilmembers shall be subject to the policies in Exhibit 1 of these Rules as they currently exist or are modified in the future. Unless otherwise stated in these Rules, the terms, provisions, and conditions set forth in the Polices are hereby incorporated into these Rules. Any violation of these policies, as determined by the City Council, shall be subject to section 20.1 of these Rules. 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. 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 make derogatory remarks or insinuations with respect to any other member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant to the question or matter under discussion. 7.4 Challenge to Ruling. Any member of the Council shall have the right to challenge any action or ruling of the Presiding Officer, in which case the decision of the majority of the members of the Council present shall govern. Page 252 of 297 Page 13 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. The Mayor, as Presiding Official, shall be allowed to vote to break a tie vote, except where prohibited by law. 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. A motion and second is not an indication by a Councilmember that they support the action. The motion and second enables discussion and debate in advance of a formal 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. A Councilmember may confer with the City Attorney to determine whether the Councilmember is required to abstain. 8.7 A motion to table is non-debatable and shall preclude all amendments or debates of the issue under consideration. A motion to table effectively removes the item without a time certain. A motion to table to a time certain will be considered a motion to postpone as identified in Section 8.8. To remove an item from the table requires a two-thirds' majority vote. 8.8 A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or at 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. Page 253 of 297 Page 14 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 motions 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 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 arise at a Council meeting. 8.19 These rules may be amended, or new rules adopted, by a majority vote of the full Council. Page 254 of 297 Page 15 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 the Presiding Officer) stepping up to the podium and giving their name and city of residence 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. Page 255 of 297 Page 16 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 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 ten (10) minutes. Council may ask questions. C. The opponent spokesperson shall be allowed ten (10) minutes for presentation and Council may ask questions. 8 RCW 42.30.050 Page 256 of 297 Page 17 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. 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 and has attained their Certificate of Municipal Leadership from AWC, may be Page 257 of 297 Page 18 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, Councilmembers are expected to 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 themself. 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 a prolonged absence or unavailability of the Deputy Mayor, the Council shall vote on which Councilmember shall serve as the Interim Deputy Mayor. The Interim Deputy Mayor shall be the Councilmember who receives a majority vote. That Councilmember shall then serve as Interim Deputy Mayor until the return of the regular Deputy Mayor, or until the subsequent Deputy Mayor is designated by majority vote. The Interim Deputy Mayor shall have all the rights, duties, and authority of the Deputy Mayor under these rules 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 or Interim 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 or Interim Deputy Mayor from this position, in which case, the Page 258 of 297 Page 19 Council shall elect the next Deputy Mayor or Interim Deputy Mayor in accordance with Section 12 to serve the remainder of the term. I. Routine Elections will be held no later than the last Council meeting of the year for determining the Deputy Mayor for the subsequent year. [See RCW 35A.12.065.] 12.2 The Deputy Mayor or Interim 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 facilitating a readthrough of the rules of procedure new Councilmembers, and a Member of the City Attorney’s Office, if requested, 4. Support cooperative and interactive relationships among Councilmembers; 5. Work with Mayor and 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 and Vice-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 in order to reinforce appropriate Special Focus Area topics and to ensure the Councilmember understands how to preside over their portion of the meeting. 7. With support from the City Attorney and/or City Clerk, ensure that Councilmembers are aware of the requirements and limitations related to the Open Public Meetings Act (OPMA) and reinforce adherence to the OPMA and quorum triggers when Councilmembers are operating and communicating in their Ad-Hoc Committee and Special Focus Areas roles. The Deputy Mayor has a responsibility Page 259 of 297 Page 20 to report violations of the OPMA when they are made aware of a violation. 8. B. Mayor-Council Relations: 1. Help maintain a positive and cooperative relationship between the Mayor and the City Council; 2. Act as conduit between the Mayor and the City Council on issues or concerns relating to their duties; 3. Preside over Regular Meetings of the City Council in the absence or unavailability of the Mayor; 4. In the event of a prolonged absence or incapacitation 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 or Interim Deputy Mayor, in consultation with the Mayor, shall act as Mayor until the return and availability of the Mayor; 5. The Deputy Mayor or Interim 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 or Interim Deputy Mayor shall not have authority to appoint, remove, replace, discipline or take other similar action on any Department Director or employee of the City; 7. The Deputy Mayor or Interim Deputy Mayor shall not have veto authority for actions that may be taken by the City Council; Page 260 of 297 Page 21 8. The Deputy Mayor or Interim 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; 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 or Interim Deputy Mayor: 1. In cooperation with the Mayor and Special Focus Area Chairpersons and with assistance from Administration, create and establish agendas for all Study Sessions; 2. Serve as liaison to the Junior City Council, encouraging, guiding, and counseling the members of the Junior City Council in connection with its duties and assignments; 3. Facilitate any issue related to the conduct and/or actions of Councilmembers that may be inappropriate or that may be in violation of the Council Rules of Procedure (Section 6.6 or 20.1); 4. Conduct regular and periodic meetings with individual Councilmembers and the City Attorney or designee if requested by either party, 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. Page 261 of 297 Page 22 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 Council does not appoint a person within the ninety (90) day period, the County may appoint a qualified person to fill the vacancy as provided by RCW 42.12.070 and Council Rules 13.3 through 13.20. 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. 13.3 The City Clerk’s Office shall prepare and submit a display advertisement to the City’s official newspaper, with courtesy copies to all other local media outlets, which announces the vacancy consistent with the requirements necessary to hold public office: that the applicant (a) be a registered voter of the City of Auburn, and (b) have a one (1) year residency in the City of Auburn. This display advertisement shall contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, Councilmember powers and duties, the deadline date and time for submitting applications, interview and appointment schedules, and such other information that the City Council deems appropriate. 13.4 The City Clerk’s Office shall prepare an application form which requests appropriate information for City Council consideration of the applicants. Applications will be available at City of Auburn offices and on the City’s official website. Copies of the display advertisement will be provided to current members of the City of Auburn commissions, committees, boards, task forces and other City-sponsored community groups. 13.5 Applications received by the deadline date and time will have personally identifiable information removed, and each Councilmember may submit two interview questions with a designation as to their primary and secondary questions. If two of the questions submitted by differing Councilmembers are similar one of Councilmember’s second question will be used. 13.6 In the event the City receives more than 10 completed applications, each City Councilmember will submit to the City Clerk an unranked list of the candidates the Councilmember wishes to move forward in the process. Each Councilmember’s list should contain no more than 15 anonymized candidates. The City Clerk shall aggregate all Councilmembers lists into one unranked master list of the 10-15 Page 262 of 297 Page 23 candidates most commonly selected among the individual lists provided. The list shall be arranged in the anonymized order and shall only include the anonymized designation of the candidates. This aggregated list shall be provided to the Council during the executive session prior to the interview meeting. If less than 10 completed applications are received the Council will move forward with the above process with all applicants. 13.7 Immediately following the executive session, Council shall meet in public session to select which candidates to invite to participate in an interview at a future City Council meeting. The decision as to which applicants to interview will be based on the information contained in the application forms and Council’s evaluation of the qualifications of the candidates. The decision as to which candidates will be interviewed will be at the sole discretion of the City Council. 13.8 At the opening of the meeting at which interviews take place, the Mayor shall provide an overview of the format and ground rules for the meeting. The applicant’s order of appearance shall be determined at this time by a random lot drawing performed by the City Clerk. 13.9 In order to ensure each candidate has a fair and equal opportunity to speak with Council, all candidates will be asked to remain sequestered at City Hall, which includes not using electronic devices, for the duration of all candidate interviews. Candidates will be ushered to and from the City Council Chambers by a member of City staff in order to participate in their interview at the pre-determined time. 13.10 Each candidate interview shall be no more than 30 minutes in length. The Council may reduce the 30-minute interview time if the number of applicants exceeds six candidates. Each interview shall follow the following format. (1) The applicant shall present their credentials to the City Council (up to 10 minutes). (2) The City Council shall ask the predetermined set of questions, one question per Councilmember, which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions and will have two (2) minutes to answer each question (up to 14 minutes). (3) An informal question-and-answer period during which Councilmembers may ask and receive answers to miscellaneous or follow- up questions (remainder of time). 13.11 Upon completion of the interviews, the Council may convene into Executive Session to discuss the qualifications of the applicants. However, all interviews, deliberations, nominations, and votes taken by Council must be in open public sessions. The Council may not determine who to select or reach a consensus on a preferred candidate in Executive Session. 13.12 The Mayor asks for nominations from Councilmembers for the purpose of creating a group of candidates to be considered. No second is needed. Page 263 of 297 Page 24 13.13 Nominations are closed by a motion, second, and majority vote of Council. 13.14 Councilmembers may deliberate on matters such as criteria for selection and the nominated group of candidates. 13.15 The Mayor polls the Councilmembers to ascertain if they are prepared to vote. Voting must take place in a manner in which the public is notified as to the vote of each existing Councilmember for which candidate. If there is more than one candidate, a vote must be taken for each candidate to record each Councilmember’s vote. 13.16 The City Clerk records the votes in the meeting minutes. 13.17 The selection of a candidate to fill the vacancy is made by a majority vote of the remaining six members of the Council. 13.18 If a majority vote is not received for a candidate, the Council may postpone elections until another date within the 90 day period. 13.19 The Mayor declares the nominee receiving the majority vote as the new Councilmember to be sworn in immediately after the effective date of the resignation. 13.20 The term of the candidate selected to fill the vacancy will be in effect until a person is elected at the next regular election for municipal officers. If successful at the election, the interim term would then end, and the appointed Councilmember will either complete the 4-year term of the vacated position or begin a new 4-year term, depending on the position number of the vacated position. 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 Page 264 of 297 Page 25 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 Councilmembers shall be made available to the full Council. 15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. Councilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. 15.5 Other than through legislative action taken by the Council as a whole, individual Councilmembers shall not interfere with the operating rules and practices of any City department. 15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare any report that is significant in nature, or initiate any project or study without the consent of a majority of the Council. This provision, however, does not prohibit individual Councilmembers from discussing issues with the Mayor or making individual requests or suggestions to the Mayor. The Mayor shall endeavor to advise and update the Councilmember(s) on the status or follow-up of such issues. 15.7 All Councilmember requests for information, 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 or Interim 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 Study Sessions and Special Focus Areas. In addition to the regularly scheduled City Council meetings (Regular Council Meetings) scheduled on the first and third Mondays of the month. 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: Page 265 of 297 Page 26 A. Special Focus Areas and General Business Focus Areas. Study Sessions shall consist of (1) a Special Focus Area in each meeting and (2) a General Business Focus Area in each meeting 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& Internal Services. The General Business area shall be scheduled second 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 General Business area on the agenda shall follow the Special Focus area portion on the Study Session agenda. The Special Focus Area groups shall be on a rotating basis described below. The Special Focus Area groups shall be tasked with oversight of Council considerations as follows: 1. Community Wellness • Health, Equity, & Wellness • Neighborhood Services • Homelessness Prevention • Social Services • Diversity, Equity, & Inclusion • Cultural Arts & Community Events • Housing Policy 2. Finance & Internal Services • Facilities • Technology • Property management • Risk management & Insurance • Fiscal Sustainability 3. Public Works & Community Development • Utilities • Transportation • Environmental Policy • Land Use & Development • Right of Way Management • Airport • Park Development • Economic Development 4. Municipal Services • Public Safety • Courts Page 266 of 297 Page 27 • Recreation, Museum & Senior Services • Animal Control • Emergency Planning • Cemetery • Communications B. Scheduling of Special Focus Area. 1. The Special Focus Areas shall conduct their portion of the Study Sessions on second and fourth Mondays of the month on a rotating basis such as follows: Public Works & Community Development, then Municipal Services, then Community Wellness, then Finance & Internal Services, then Public Works & Community Development, then Municipal Services, and so on. 2. On fifth Mondays of the month, Study Sessions will not typically include any of the above Special Focus Areas but may include special topics and issues of general concern to the City Council, including Council operating arrangements and Council Rules of Procedure. It is provided, however, that in order for the City Council to address the matters coming before the City Council, the Mayor and Deputy Mayor or Interim 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. Such matters will be scheduled to allow sufficient time for preparation of relevant background analysis and information concerning said items and provision to all Councilmembers 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, the Deputy Mayor or Interim Deputy Mayor, the Vice-Chair, and the designated Departments Director(s) for the Special Focus Area. The matters will be scheduled to allow sufficient time for preparation of relevant background analysis and information concerning said items and provision to all Councilmembers 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 or Interim 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. Page 267 of 297 Page 28 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. Public Participation 3. Roll Call. 4. Agenda Modifications 5. Announcements, Reports, and Presentations. 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. Agenda Items for Council Discussion. 8. Adjournment. 16.2 Ad Hoc Committees. The Mayor, the Deputy Mayor or interim Deputy Mayor, or a majority of the City Council may establish an Ad Hoc Committee as may be appropriate to consider special matters that require special approach or emphasis. The Deputy Mayor or Interim Deputy Mayor, shall be the ex-officio member of all Ad Hoc Committees. The remaining two members shall be voted on by the full Council. 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. Page 268 of 297 Page 29 A. 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. B. Ad Hoc Committees shall consider all matters referred to them and take action by majority consensus only when all Ad Hoc Councilmembers are present. The Chair of such Ad Hoc Committee shall report to the Council the findings of the committee. Committees may refer items to the Council with a committee recommendation or with no committee recommendation. C. Unless otherwise expressly provided for when forming an Ad Hoc Committee, it is the intention of the Council that Ad Hoc Committees function informally and not in any way that takes action in lieu of or on behalf of the full Council. The purpose and function of such Ad Hoc Committees shall be to review matters in advance of their consideration by the full Council, and perhaps record and make recommendations to the full 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. D. Councilmembers on Ad Hoc Committees may request a staff liaison, and City Attorney or City Attorney’s designee, be present to assist the Councilmembers with institutional knowledge on the subject matter to be discussed. All requests for staff assistance must be approved by the Mayor prior to allocating resources. 16.3 Intergovernmental Councils, Boards and Committees. The Mayor shall appoint Council representatives to intergovernmental councils, boards, and committees. A. 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. B. Councilmembers will prioritize appointments to Intragovernmental Councils, Boards, and Committees by seeking and filling positions that provide value to the City and its constituents. Providing value occurs in the following order of priority: (1) bringing money to the City, (2) bringing projects and/or investments into the City, (3) influencing policy or investment outcomes in the City, and (4) protecting City interests. C. Advisory Boards, Committees, and Commissions established by ordinance, consisting of residents appointed pursuant to the establishing Ordinance and Page 269 of 297 Page 30 serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the Council. 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 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 Council’s position, and the statements are those of the Councilmember as an individual. Additionally, before a Councilmember discusses anything that does or could relate to City liability, the Councilmember should talk to the City Attorney or the City’s Risk Manager, so that the Councilmember would have a better understanding of what may be said or how the discussion should go to control or minimize the City’s liability risk and exposure. 17.2 Councilmembers need to have other Councilmember’s concurrence before representing another Councilmember’s view or position with the media, another government agency, or community organization. 17.3 Councilmembers shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember’s role as a City official. 17.4 Communication among Councilmembers shall conform to the following parameters: A. Except in connection with Councilmembers 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, successive communications on Council topics that involve a quorum of the Councilmembers shall not occur. Councilmembers shall 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 Page 270 of 297 Page 31 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 Council about matters within the scope of the Council’s authority or related to City business, but not yet scheduled on upcoming Council agendas, to indicate a desire that certain items be included on upcoming meeting agendas; provided that Councilmembers shall never ask for responses from the other Councilmembers in that communication. C. Email communication among Councilmembers relating to City operations should also include the Mayor as a recipient/addressee. D. Councilmembers may email the Mayor about City business without limitations or restrictions. E. The Deputy Mayor or Interim 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. Council email correspondence and all electronic communications shall utilize the designated city email account or city device with no exceptions and within the parameters of the Open Public Meetings Act and the Public Records Act. 17.6 Council Relations with City Boards and Commissions. A. Council Liaisons. In addition to where a Councilmember is appointed by the 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 Council. The role and responsibility of the Councilmember-Liaison is to keep the City Council apprised of the activities, positions, and actions of the entity or organization to which the Councilmember has been appointed Liaison, and not to communicate to the board, commission, committee, task force, or other advisory body a statement as the position of the City Council, except as Page 271 of 297 Page 32 authorized or directed by the Council. Insofar as a Councilmember-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 or Interim 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 conferences also provide valuable opportunities to network with other elected City officials. Comparing Auburn's specific issues with those of other cities often provides the 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. Page 272 of 297 Page 33 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 or Interim Deputy Mayor and the other transferring Councilmember(s), funds will be transferred to the requesting Councilmember’s allotment. The request including approval from the Councilmember willing to transfer funds and the consent of the Deputy Mayor or Acting Deputy Mayor must be sent to the Council Administrative Assistant prior to the funds being expended 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 Council. 18.4 Receipts and Travel Documentation. Each 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, and a written report regarding the authorized travel the Councilmember attended. All documentation shall also be sent via email to the CouncilAlerts@auburnwa.gov email address. 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. Page 273 of 297 Page 34 SECTION 21 COMMUNITY COMMITMENT 21.1 The Auburn City Council acknowledges our role as city leaders to champion a community that fosters a Racially Equitable, Diverse, and Inclusive culture Page 274 of 297 Page 35 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 Amended by Resolution No. 5782, October 7, 2024 Page 275 of 297 EXHIBIT A CITY COUNCIL CONDUCT POLICIES 1. CONDUCT City Policy Reference 200-81 PURPOSE To emphasize the high standards of professionalism, public service, and integrity expected. POLICY It shall be the duty of all City personnel to maintain high standards of cooperation, efficiency and integrity in their work with the City. It is the responsibility of each individual to conduct themselves with professionalism and commitment towards customer service not only with the citizens and public of the City of Auburn but also when working within other elected officials or working with other departments within the City structure. 2. FAIR PRACTICES City Policy Reference 200-2 PURPOSE To establish guidelines for the promotion of fair practice and nondiscrimination in activities relating to employment and treatment of all citizens in order to foster trust and cooperation between City personnel and the diverse and pluralistic society that makes up the City of Auburn. The City is committed to recognizing that all people are vital to the City's shared prosperity and that all people must be respected and valued. City personnel can, and should, lead the way forward in making inclusiveness and diversity priorities, and pledges active efforts to seek to achieve that goal. POLICY The Policy of the City of Auburn is to promote and afford equal treatment and services to all citizens and to assure equal employment opportunity to all persons regardless of race, creed, color ethnicity, nation origin, sex, age, marital status, veteran's status, sexual orientation, or the presence of any sensory, mental, or physical disability, unless based upon a bona fide occupational qualification: provided that the prohibition against discrimination shall not apply if it prevents the proper performance of the particular worker involved. The City of Auburn will cooperate with all organizations and commissions organized to promote fair practices and equal opportunity in employment. DEFINITIONS: For the purpose of this policy, sexual orientation means heterosexual, homosexual, bisexual, and gender expression or identity. As used in this definition, " gender expression or identity" means having or being perceived as having a gender identity, self image, appearance, behavior, or Page 276 of 297 expressions, whether or not that gender identity self image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth. 3. NONDISCRIMINATION City Policy Reference 200-03 PURPOSE To establish policy for a nondiscriminatory working environment within the City Auburn. POLICY The policy of the City of Auburn is to promote and afford equal treatment and services to all citizens and to assure equal employment opportunity to all qualified persons regardless of race, creed, 'color, ethnicity, national origin, sex, age, marital status, sexual orientation, veteran's status, or the presence of any sensory, mental, or physical disability, unless based on a bona fide occupational qualification. It is the policy of the City of Auburn to foster and maintain a harmonious and nondiscriminatory working environment for all. Toward this end, the City will not tolerate racial, ethnic, religious, disability or sexual oriented behaviors or comments by any citizen, employee, or elected official to or about any citizen, employee, or elected official. DEFINITONS For the purpose of this policy, sexual orientation means heterosexual, homosexual, bisexual, and gender expression or identity. As used in this definition, "gender expression or identify" means having or being perceived as having a gender identity, self image, appearance, behavior, or expressions, whether or not that gender identity self image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth. 4. WORKPLACE HARASSMENT City Policy Reference 200-4 PURPOSE To establish the policy and procedures defining the City's position on workplace harassment, including sexual harassment, and to provide guidance to any City personnel who believes he/she has experienced harassment by a supervisor, co-worker, other City personnel, or outside individual. POLICY It is the policy of the City of Auburn to provide a work environment for everyone that is harmonious and free from intimidation and harassment. The City is committed to ensuring that Page 277 of 297 the practices and conduct of all City personnel comply with the requirements of federal and state laws against employment discrimination. To that end, the City expects all City personnel to work in a manner that respects the feelings and dignity of others. It is the policy of the City that everyone have the right to work in an environment free from harassment based upon their race, color, religion, gender, national origin, ethnic background, age, marital status, sexual orientation, military or veteran’s status, presence of a disability or the presence of any other protected status or characteristic, or any other basis prohibited by local, state, or federal laws unless based on a bona fide occupational qualification. Workplace harassment, including sexual harassment, negatively affects morale, motivation, and job performance. The City will not tolerate any form of workplace harassment, including sexual harassment, toward City personnel by other City personnel or other individuals. Those who in good faith report an incident of workplace harassment, including sexual harassment, shall not be subjected to any form of retaliation. DEFINITIONS 1. Workplace harassment includes, but is not limited to, unsolicited remarks, gestures, or physical contact; display or circulation of written materials or pictures derogatory to a specific gender, racial, ethnic, religious groups, persons with physical, mental, or sensory disabilities, or any other basis prohibited by local, state, or federal laws; or basing employment decisions on an employee’s response to sexually-orientated requests. 2. Sexual harassment means unwelcome behavior of a sexual nature that affects terms and conditions of the work environment. These include, but are not limited to, sexual advances and/or other verbal or physical conduct made when: (a) submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment; (b) submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individuals; or (c) such conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment. Examples of sexual harassment include, but are not limited to: 1. Unwelcome or unwanted flirtations, propositions, advances, patting, pinching, brushing up against, hugging, cornering, blocking, kissing, fondling, putting ones arms around another, or any other similar physical contact considered unacceptable by another individual. 2. Verbal comments, suggestions, jokes, innuendos, or derogatory remarks based on sex; 3. Visual harassment, leering, whistling, gesturing, posting sexually suggestive or derogatory pictures, cartoons, drawings. Page 278 of 297 4. Pressure for sexual favors, subtle or blatant expectations, pressures, or requests for any type of sexual favor accompanied by implied or stated promises of preferential treatment or negative consequences concerning an individual’s employment (such as an employee’s performance evaluation, work assignment, advancement, or training opportunities). 3. Other harassment (nonsexual) is defined as verbal or physical conduct that denigrates, shows hostility, or aversion toward an individual because of such individual’s protected status or characteristics such as his/her race, color, religions, gender, national origin, age marital status, veteran’s status, sexual orientation, or disability that has the purpose or effect of creating an intimidating, hostile, or offensive work environment; or has the purpose or effect of unreasonably interfering with an individual’s work performance; or otherwise adversely affects the individual’s employment opportunities. 4. Sexual orientation means heterosexual, homosexual, bisexual, and gender expression or identity. As used in this definition, “gender expression or identify” means having or being perceived as having a gender identity, self image, appearance, behavior, or expressions, whether or not that gender identity self image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth. 5. WORKPLACE VIOLENCE City Police Reference 200-13 PURPOSE To establish policy defining the City's position on not tolerating violence in the workplace, and provide guidance in the event a violent or threatening act or situation occurs. POLICY No person shall display violent or threatening behavior to others, including employees, the public, vendors, or contractors in the performance of his/her job and/or while on City property. Given the City's commitment to ensuring a healthy, safe and non-violent work environment, prohibitive behavior includes, but is not limited to: 1. Any verbal threat of harm towards persons or property. 2. Any threatening or actual physical act such as threatening gestures, hitting, pushing, kicking, holding, impeding or. blocking the movement of another person. 3. The use, threatening use or possession of firearms, other weapons or explosives, openly or concealed, licensed or otherwise, while performing City business and/or while on City premises including parking lots. Exception: Commissioned law enforcement officers or other official purposes sanctioned by the City. DEFINITIONS Weapon: Any object, instrument or chemical used to inflict harm or injury to another person or any item used in a manner threatening harm or injury to another person. Page 279 of 297 Possession of mace, pepper spray or the like for defensive purposes is not a violation of this policy. 6. TOBACCO-FREE WORK ENVIRONMENT City Policy Reference 200-08 RCW 70.160 WAC 296-62-12005 PURPOSE The purpose of this policy is to set out a plan and timelines for the City and City personnel to maintain a tobacco -free work environment. POLICY 1. The City is committed to achieving a tobacco-free work environment, providing as much support as possible to assist tobacco users in this transition, and to fulfill its obligations under the law. 2. Smoking, the use of vapor and/or e -cigarettes, and all other tobacco products are prohibited in City buildings, facilities, entryways, near air intakes, or other openings that allow airflow directly into an office, building, or City vehicle. 3. City personnel may use tobacco products, vapors, and/or e -cigarettes during breaks and meal periods in outdoor areas surrounding City vehicles and facilities absent any other ordinance, rules, and/or regulations prohibiting tobacco usage. 4. Smoking cessation programs are offered by the City to assist current tobacco users who wish to stop using tobacco products. 7. ALCOHOL AND DRUG FREE WORK ENVIRONMENT City Policy Reference 200-09 Drug -Free Workplace Act of 1988, Federal Register, Vol. 54 No 19. PURPOSE The City of Auburn has a significant interest in ensuring the health and safety of its City personnel and citizens. Therefore, the City will maintain a policy of an alcohol and drug free workplace. This policy outlines those steps the City is taking to ensure that City personnel are free of the influence of controlled substances and/or alcohol while in the performance of their duties or acting on the City's behalf. POLICY 1. Prohibited Conduct. Page 280 of 297 a. The City of Auburn strictly prohibits the manufacture, possession, distribution, dispensing or use of alcohol or controlled substances in the workplace, while on duty, or while representing the City of Auburn. b. Reporting for work, remaining on duty, or acting on behalf or the City of Auburn while under the influence of alcohol or a controlled substance is strictly prohibited. c. No personnel shall perform safety sensitive functions on behalf of the City within four (4) hours after using alcohol. 8. INTERNET & ELECTRONIC RESOURCES-EQUIPMENT USE-ELECTED OFFICIALS City Policy Reference 500-3 PURPOSE To establish a policy and identify the principles of acceptable use of the internet and other electronic communications resources/equipment provided for use during his/her term of office for elected officials. POLICY It is the policy of the 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. When individual Councilmembers have completed their term of office, they will return all City electronic equipment to the Director of Information Technologies. COMMUNICATIONS Each Councilmember is responsible for checking their communication device multiple times daily and respond to requests by City staff as soon as possible. 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 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 Page 281 of 297 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. 2. 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. 3. 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. 4. 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. USE OF CITY EQUIPMENT AND FACILITIES 1. Councilmembers are provided various tools to assist them in handling the business of the City in the role as members of the Council. These tools include, but are not limited to: (1) an individual office assigned to each Councilmember in which there is (a) office furniture; (b) a computer accommodating access to the City’s computer network and (c) a telephone tied to the City’s telephone system; (2) and I-Pad or comparable equipment also tied to the City’s computer system that can be used remotely (not just in the Councilmember’s office); (3) an I-Phone or comparable equipment accommodating mobile communication needs for (a) telephone calls, (b) emails, and (c) texting; (4) a City badge accommodating physical access to City Hall facilities and Council Offices; and (5) Council mailboxes. 2. In order to assure transmittal of information necessary to conduct business of the City and to avoid Public Records Act liability for the City and Councilmembers for improper or private equipment use, Councilmembers shall use the tools identified above to assist them in being able to receive and work with information related to duties as Councilmembers. PROHITIBITED USES: The creation, transmission, downloading or storage of any document, data or message which reasonably can be construed as relating to or promoting the following, are prohibited: 1. Discrimination or harassment on the basis of age, race, color, gender, creed, marital status, national origin, disability or sexual orientation; 2. Any language and subject matter that is objectionable, offensive, obscene, threatening or otherwise inappropriate as described in the City’s Workplace Harassment Policy; 3. Any communication to solicit for or promote commercial or non-profit ventures, religious or political causes, outside organizations, rumor or slander or other non-job related solicitations; Page 282 of 297 4. Any information that violates copyright laws; 5. Copying any City licensed computer software for personal use is prohibited; 6. See also specific prohibitions related to individual types of system use, below. INTERNET: Browsing, List-Servs, Newsgroups, etc. 1. It is the policy of the City to maximize the cost-effective use of its computer systems as a means to improve efficiency and productivity. All Councilmembers are responsible for using the Internet resources in an effective, ethical, and lawful manner, and in accordance with this policy. 2. Access to the City e-mail (Outlook web access) from any remote computer that has internet access may be granted to City officials, as approved by the Mayor. Those approved to have this access must maintain virus protection software on their connections. Failure to maintain virus protection may result in the access being revoked. 3. Limited personal use may only consist of browser capability and may not include ListServs, Newsgroups, Chat Rooms or other capabilities. 4. Using City equipment or City internet connection to violate the integrity of another system (hacking) is prohibited. SYSTEM SECURITY 1. Acquisition of computer equipment. All acquisitions of information systems components will be coordinated through the Information Technologies Department. This includes demonstration hardware and software used for evaluation purposes as well as products acquired for ongoing use. 2. Conscientious care. All Councilmembers are responsible for care of the personal computer system components that they are assigned or using. Councilmembers are responsible for promptly reporting any equipment, software and data damage and/or destruction of which they become aware. Any damage caused by personal use, including repair costs, will be the responsibility of the Councilmember. 3. Downloading/installing software (including upgrades and screensavers). The City computer system is designed to work in a network environment. Installation of unauthorized software can result in damaging the integrity of the system. Councilmembers should not download or install software on any City-owned computer. If additional software is required, a request should be addressed to the Information Services Service Desk. 4. Downloading files from the Internet. Councilmembers are individually and directly responsible for checking files for viruses using the latest version of the recommended virus-checking program. Downloading or uploading files is restricted to City business. 5. Unauthorized access. Councilmembers are prohibited from using “loopholes” or knowledge or a special password to damage computer systems, obtain extra resources, or to gain access to systems for which proper authorization has been given. Councilmembers are responsible for keeping their password confidential and not sharing it with other users. Page 283 of 297 6. Use of aliases. Use of aliases while using the Internet or internal e-mail is prohibited. Anonymous messages and anonymous newsgroup postings are prohibited. 7. Unlicensed or copied software is prohibited on any City computer. No Councilmember may use unlicensed or copied software on any City computer. The City shall seek reimbursement from any Councilmember who installs, downloads, uses or authorizes the use of any unlicensed or copied software on any City computer, or any fines, costs or other expenses incurred by the City resulting from such use. MONITORING, ENFORCEMENT AND PENALTIES 1. All hardware, software, programs, applications, templates, data and data files residing on City information systems or storage media, whether City business or personal, are the property of the City of Auburn. The City retains the right to access, copy and change, alter, modify, destroy, delete or erase this property without prior notice to Councilmembers. 2. The City retains the right to monitor and audit the use of e-mail and Internet use. The right to use these technologies does not include the right to privacy. 3. Deleted documents, messages and data may be retrieved from a variety of points in the network. Councilmembers should assume that electronic evidence discovery might recover deleted or unsaved data. 4. Councilmembers’ use of a personal Internet account on City equipment is to be arranged through the Information Technologies service desk and is subject to the provisions of this policy. Said Councilmembers should be aware that their personal e-mail and electronic files could be monitored by the City and could be reviewed as part of a Public Records request. 9. E-MAIL ETIQUETTE City Policy Reference 200-16 City of Auburn’s E-Mail Policy Computer systems, network utilities and electronic mail are powerful business tools. These systems are designed to foster open and efficient communications. The Electronic Messaging System, like paper files and notebooks, is an asset provided to City personnel to assist them in performing their work efficiently and for limited personal use. These tools, and the work product they contain, are the property of the City. Please use your good judgment as you use the electronic mail system. While it is the general intention of the City to keep electronic mail private, it is possible that other people may view other's electronic mail messages, the recipient may route the message to others, or the City may be required to provide public disclosure of e-mail messages. You should assume that any message may be viewed by persons other than the recipient and format your messages accordingly. All messages should be composed with the expectation that they will be made public. Page 284 of 297 Getting The Message Across Electronic mail, or e-mail, is unique. Once sent, it will wait for the recipient for hours or days. It is more tangible than voice mail and faster than paper mail. By saving copies of messages and responses, a record of communications can be built and saved. It also is useful for sharing documents in electronic form. The unique qualities of electronic mail make it an extremely useful tool in the business place. For those who spend much of their time at a desktop computer or a terminal on a network, e-mail can provide an immediate messaging service and mailbox. Privacy vs. Public Disclosure Issues All e-mail messages are considered to be public records and the public has the right to examine public records. Therefore, if you are concerned about public disclosure or internal disclosure, e-mail should not be used as a communication tool. Confidential and sensitive issues should not be communicated via e-mail. A user, in forwarding a message that originates from someone else, may not make changes to that message without clearly notes that changes were made to the message and the identity of the person making the changes. Alternatives To E-Mail The City Intranet is a better way for making announcements such as retirement parties or broad policy statements. Telephones provide a more immediate response and can be a better way to make initial contacts with people. Memos and internal mail are best for sending specific policy statements, financial forms, and documentation. The US Postal Service, UPS, Federal Express and other such companies are the best way to send and receive external business documents. One-on-one meetings are still a good way of communicating info. Messages E-mail is best for short messages. A message of one to five paragraphs or one that takes only one screen is most likely to be read and used. When composing your message, take a few extra seconds to think of an accurate description of the message to put in the subject field. Titles such as "???" or "more stuff" are less useful than "Network Questions" or "New Uses for Bulletin Board System." If you are sending e-mail to someone you have not met or dealt with in a long time, it is a good idea to let them first know who you are and why you want their attention. ("Hi, I work for Purchasing and have a question about...") Attachments The attachment feature of e-mail programs allows you to send files, such as spreadsheets and formatted documents to other computer users. When you send attachments, be certain that the receiver can read them. Just because a document can be attached to a message does not mean that the person at the other end can read it. For instance, if you attach an Page 285 of 297 Excel spreadsheet to an e-mail note and the recipient of the note does not have Excel on their PC, then they will not be able to open the attachment. Language And Behavior Good E-mail is businesslike and free from obscene, pornographic, sexual, harassing, menacing defamatory, threatening or otherwise offensive language. The City does not tolerate racism, sexism, and other inappropriate behavior. It is also not tolerated in the e- mail environment. Some people will send an angry e-mail message; one that they would never say in person. Take a minute before you respond. Be careful about which words you use and how you say them. Remember that messages can be printed or forwarded. Do not say things you may regret later. Mail Lists Mailing lists, called Personal Groups, are a useful tool. If you are working and exchanging mail with a group of people on a regular basis, a Personal Group allows you to send the same message to all of them by entering only one address. You may want to build a Personal Group that will target your regular or special group of mail recipients. The Help File accessible through your e-mail can help you set up Personal Groups. "Junk" Mail "Junk" e-mail is inevitable. Try not to generate it yourself by limiting your general broadcasts. Target your audience carefully by making use of Personal Groups. If you must send a large mailing, try not to use attachments; including attachments increases the load on the network and can be costly when you consider the amount of time it takes to open an attachment. Delete e-mail you consider "junk", before opening it. Personal Business Use of e-mail is primarily to be reserved for official City business. However, limited personal use is authorized. There shall be no negative impact or disruption to either the sender’s or receiver’s performance of public duties (i.e. forwarding jokes takes time away from the job and wastes computer memory). Return Receipts Leave “Return Receipt” turned off unless a return receipt is absolutely necessary. Return receipts also slow down the e-mail system. If everyone requested a return receipt for each message they sent, it would double the traffic load on the mail system. Glossary of Terms Page 286 of 297 Attachment A file that is included with a message. It is displayed in the message as an icon, representing the type of file it is. Broadcast Distribution of a message to a wide number of mail users. Intranet A computer system used as an information source and message system. It is similar to a physical bulletin board, but messages are posted electronically on a computer bulletin board system. E-Mail Electronic mail "Junk" Mail A broadcast that includes individuals who do not need or want the information contained in the message. Personal Groups Assignment of a single name to multiple users. When the group name is added to the recipient list for a message, each individual in that group receives the message. Return Receipt Displays the date and time the message you sent was opened by the recipient. 10. CELLULAR PHONE & TABLET City Policy Reference 200-16A RCW 46.61.672 WAC 204-10 PURPOSE To establish a policy that provides for and regulates cellular phone and tablet use by City personnel. POLICY The City of Auburn recognizes that cellular phones and tablets are an important and necessary tool in the performance of certain job duties. For those who have a valid business purpose, the City of Auburn provides cell phones and tablets for City business use. Cell phone and tablet use can create distractions for drivers. City Personnel are prohibited from texting, using e-mail, or performing any other operation with electronic equipment, while driving a vehicle on City business. If a cell phone must be used while driving, all personnel must follow Washington State Law and use the cell phone in a “hand-free mode”. “Hands-free mode” means the use of a wireless communication device with a speaker phone, headset, or earpiece. Page 287 of 297 USAGE POLICY. The City of Auburn issues cellular phones to allow efficient and cost- effective execution of City business. All City use cellular phones and services will be acquired and/or approved by the Information Technology Department. The City of Auburn audits all City-provided cellular phone services (voice minutes used, text messages sent/received, and data service use) which include a review of the monthly billing by the individual’s supervisor. Most wireless transmissions are not secure. Therefore, individuals using wireless services should use discretion in relaying confidential information. Reasonable precautions should be made to prevent equipment theft and vandalism to City-issued cellular phones. Cellular phone use by a driver of City-owned vehicles or by a driver of a privately owned or leased/rented vehicle, when driving to or from City business, is prohibited unless “hands-free” is used. When using a cell phone in a “hands-free mode” dialing of the phone shall only be done when the vehicle is stopped or through the use of voice activated commands. Texting while driving a vehicle is prohibited. PERSONAL USE OF CITY-PROVIDED CELLULAR PHONES. City-provided cellular phone use is billed on a time-used basis and intended for City business only. Emergency personal use should be limited to 3 minutes or less. 11. CITY OWNED VEHICLES, EQUIPMENT City Policy Reference 200-11 PURPOSE To establish a policy regarding personal use of City owned vehicles, equipment and materials. POLICY City owned vehicles, equipment, materials, or services for personal convenience or profit is prohibited. Use is to be restricted to such services as are available to the public generally, for the authorized conduct of official business, and for such purposes and under such conditions as are directed by administrative order of the chief executive officer of the City (Mayor). DEFINITIONS Vehicles: Automobiles, vans, trucks, tractors and other specialty vehicles Equipment: Telephones, computers, copy machines, fax machines, or other office equipment provided for the accomplishment of clerical tasks; tools and equipment used to repair facilities, grounds, and vehicles; and/or any other type of city owned property. Materials: Paper, pens, other desk and office supplies; items such as fertilizer, cleaner, pesticide, etc., used in grounds and facilities maintenance; and operational supplies used to repair, clean or fuel equipment. Page 288 of 297 Services: Any service provided by the City in the performance of its municipal responsibilities. PROCEDURE City Mail Room: The City mail room will not accept personal packages from City personnel to be mailed or packages of a personal nature mailed to City personnel at the City address. The mail room is very busy with business related mail distribution and other responsibilities. Personal letters that are self-stamped and sealed will be accepted and mailed by the City mail room. However, the City will not be responsible if a letter is not delivered to the recipient. 12. USE OF PERSONAL VEHICLES City Policy Reference 200-17 PURPOSE To document the policy for the use of personal vehicles for official city business. POLICY The City encourages City personnel to use city-owned vehicles for official city business; however, the use of personal vehicles is allowed per the following guidelines: 1. LIABILITY INSURANCE. Those who use personal vehicles for city business must purchase and maintain auto liability insurance that meets or exceeds the state’s minimum requirements for bodily injury and property damage and must keep a copy of proof of insurance in their vehicle at all times. In the event of an accident the individual’s personal auto insurance provides the primary coverage, and the City’s liability insurance provides coverage in excess of that policy. The City does not provide collision or comprehensive insurance coverage for personal vehicles even when used for official city business. In some cases an individual’s insurance company may require a special endorsement for business use; therefore, those individuals should contact their insurance agent to determine if special coverage is required. 2. DRIVING UNDER THE INFLUENCE OF DRUGS AND ALCOHOL. Driving any vehicle on city business during or after consumption or drugs, alcohol or prescription medication that affect driving ability is strictly prohibited per the City’s Alcohol and Drug Free Work Environment Polic. 3. COMPENSATION FOR BUSINESS USE OF PERSONAL VEHICLES. The City will compensate City personnel who use personal vehicles for official City business on a per mile basis at the current standard mileage rate established by the Federal Government. To receive compensation for local mileage, City personnel must submit a Travel Authorization and Explain Claim form per the City’s Travel Authorization & Reimbursement for Business-Related Travel Expenses Policy. Page 289 of 297 13. WORKPLACE INSPECTIONS City Policy Reference 200-33 PURPOSE The City of Auburn has a responsibility to ensure a safe workplace and conduct any related investigations in a timely and thorough manner. For these, and any other reason the City determines appropriate and necessary, the City has a right to conduct random and unannounced inspections workspaces. POLICY The City provides equipment, furniture/lockers, vehicles, materials and other items for the use by City personnel in their conduct of official City business. The City does not assume responsibility for any theft or damage to any personal belongings occurring within the workplace. The City of Auburn retains the right to conduct random and unannounced inspections of workspaces. 14. WORKPLACE HEALTH AND SAFETY City Policy Reference 300-01 PURPOSE To document the City of Auburn’s policy on workplace health and safety. POLICY The City of Auburn takes the health and safety of its workforce seriously and will comply with all applicable federal, state and local health and safety regulations to provide a work environment free from recognized hazards likely to cause injury, illness or death. 15. ID BADGES City Policy Reference 200-38 PURPOSE To establish the City’s policy on City personnel identification and building access badges. POLICY The City utilizes a keyless entry ID Badge Access system for entry to most City building. Building access assignments are made by Human Resources based on position, assigned responsibilities and individual building policies. Overside of badge access systems management is a collaborative effort involving Human Resources, Facilities and Information & Technology. The City will issue photo identification access badges to all elected officials, full-time, part-time and non-benefitted employees. Volunteers will receive non-photo identification/building access Page 290 of 297 badges, unless they are volunteering in the Police Department or Emergency Management Division, in which case they will receive a photo identification/building access badge. 16. DRESS FOR YOUR DAY City Policy Reference 200-39 PURPOSE The policy articulates the City’s “Dress for Your Day” philosophy and provides a flexible and reasonable dress standard for all. This policy is to support a work environment that is comfortable and inclusive for all City personnel. Ultimately, the racially, gender, religiously, and politically inclusive business casual dress code aims to balance individual expression, professionalism, and safety requirements, fostering an environment where all feel valued, respected, and able to perform their duties effectively. POLICY - DRESS FOR YOUR DAY 1. The City’s “Dress for your Day” philosophy encourages individuality and personal discretion by allowing individuals to tailor their clothing choices to the day-to-day demands of their role and the work that they perform. Individuals should consider their day’s schedule, tasks being performed, and the people with whom they’ll have interaction. 2. Good judgment should always be applied when making decisions on workday attire. Dress for Your Day embodies the basic sentiment that the City trusts individuals to know how to exercise good judgment in choosing clothing for the workday. This philosophy is intended to reinforce that trust. 3. General Expectations. To provide guidance, some minimum standards are outlined below. a. Casual is the default dress code. Casual is defined as all shirts with collars, crewneck or v-neck shirts, blouses, and golf and polo shirts. Casual slacks and trousers, jeans without holes, etc. Dresses/skirts that are mid-thigh or longer, except for safety sensitive positions prohibited by the Department of Labor & Industries. Clean, athletic shoes, casual slip-on or tie shoes and dress sandals. b. Business attire may be necessary for meetings with elected officials, community members or customers, colleagues or networking opportunities. Business attire is defined as all shirts with collars, blouses, and golf and polo shirts. Slacks and trousers. Dresses/skirts that are mid-thigh or longer. Slip on or tie shoes, dress sandals and clean athletic shoes. c. Attire and appearance should be clean and appropriate to the workday. d. Hats should have the City of Auburn logo to aid in identification when serving the public. 4. Inappropriate Attire. It would be impossible to provide an exhaustive list of what is or is not acceptable when it comes to appropriate attire. That said, below are some examples of inappropriate or unprofessional attire. This list is not intended to be exhaustive. a. Garments that are dirty, ripped, extremely worn or threadbare. b. Attire printed with social movements, counter movement, or political affiliations. c. Sleepwear, including slippers. Page 291 of 297 d. Beachwear, including flip-flops, swimwear and shorts. e. Shirt or blouse that ends above the waist, exposing a midriff section. f. Exercise gear is generally not appropriate but may be worn when participating in wellness, recreation or City-based activities. g. Applying the Dress for Your Day standard, beach wear and/or exercise gear would be reasonable attire for parks/recreation staff. h. Heavily scented lotions, perfumes, colognes should be generally avoided, as some people have scent allergies and sensitivities. Where specific disability accommodations have been put in place, use of such products may be formally restricted. 17. PUBLIC RECORDS REQUESTS City Policy Reference 400-03 PURPOSE To establish the procedures the City of Auburn (“City”) will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the City and establish processes for both requestors and the City staff. POLICY RCW 42.56.070 (1) requires each agency to make available for inspection and copying nonexempt “public records” in accordance with published rules. The act defines “public record” to include any “writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained” by the agency. RCW 42.56.070(2) requires each agency to set forth “for informational purposes” every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency. The City adopts by reference the list of exemptions found in Appendix C of the Public Records Act for Washington Cities, Counties, and Special Purpose Districts published by Municipal Research & Service Center, last update March 2019, as that list may be amended. In accordance with RCW 42.56.070(4)(a), the City finds that the City is comprised of multiple departments, which maintain separate databases and document management systems. The City further concludes that because of the multiple locations, formats, and storage systems, it is unduly burdensome to main an all-inclusive index of public records. Therefore, the City does not maintain an all-inclusive index of public records. 18. ELECTRONIC SIGNATURES City Policy Reference 400-04 PURPOSE AND ADMINISTRATION To establish an electronic signature policy for the City. This policy may be modified, rescinded, or replaced at any time by the City Attorney. Page 292 of 297 POLICY The City recognizes electronic signatures as legally binding and equivalent in force and effect as an original handwritten signature and authorizes the use of an electronic signature platform to affix signatures to City records as provided in this policy. Electronic signatures may be affixed to all records not legally required to have an original handwritten signature, including but not limited to, meeting minutes, resolutions, ordinances, engineering records, and any and all leases, contracts, and agreements to which the City is a signatory. Electronic signatures may be used on City records requiring execution by a third party. Electronic signatures cannot be applied using another employee’s name. Records signed by a designee on behalf of the Mayor, City Clerk, City Attorney, City Engineer, Engineer of Record or Department Director shall use the designee’s own electronic signature. If an electronic signature is used for interstate transactions or for documents required by the U.S. Federal government, the electronic signature shall comply with the requirements of the Electronic Signatures in Global and Electronic Commerce Act. This policy in no way affects the City’s ability to conduct a transaction using a physical medium and shall not be construed as a prohibition on the use of original handwritten signatures. 19. PETITIONS AND SIGNATURE DRIVES AT CITY HALL City Policy Reference 500-1 PURPOSE It is the purpose and intent of this policy to make available at City Hall and other public facilities of the City access to and an opportunity for exchange of information. There are occasions when public service projects and matters of community interest would warrant the use of City Hall and other City facilities. Among the methods that information may be gathered and shared are petitions and signature drives. However, state law (RCW 42.17.130) provides strict limitations on the use of public facilities for political campaigns, ballot measures and elections matters. Accordingly, the accessibility and availability of City Hall and other City facilities for petitions and signature drives related to political campaigns, ballot measures and elections matters must be curtailed in accordance with state law. Therefore, in order to provide for distinction between those petitions and signature drives that are election related and those that are community oriented but unrelated to election matters, a policy should be implemented. POLICY Whenever proponents of a petition or signature drive wish to solicit signatures and have petitions available for signature at City Hall and other City facilities, the Community Development Director shall screen the petitions and signature drives to assess whether they have any relationship to any political campaigns, ballot measures or election matters. 1. If the Community Development Director determines that the signature drive or petition is related to any ballot measure, election or candidacy, it shall be denied permission to utilize City Hall or other City facilities. 2. If the Community Development Director determines that the petition or signature drive is unrelated to any political campaigns, ballot measures or elections matters, the Community Development Director shall then assess whether the petition or signature Page 293 of 297 drive is community oriented or directed to issues and matters objectively beneficial to the City. 3. If the Community Development Director determines that the signature drive or petition is not community oriented or directed to issues and matters objectively beneficial to the City, it shall be denied permission to utilize City Hall or other City facilities. 4. On the other hand, if the Community Development Director determines that the signature drive or petition is community oriented or directed to issues and matters objectively beneficial to the City, it may be granted permission to utilize City Hall or other City facilities, subject to reasonable space and access considerations. 5. In considering whether the signature drive or petition is community oriented and/or directed to issues and matters objectively beneficial to the City, the Community Development Director shall consider whether it meets or promotes a legitimate municipal/governmental purpose and whether it does so in a way that is fair and responsible. 20. OBSTRUCTION OF ACCESS TO CITY FACILITIES City Policy Reference 500-2 PURPOSE To establish a policy that bans use of entry-plaza areas around City Hall, as well as use of other City facilities for purposes different than those for which they were intended, or which interferes with or which could interfere with the intended uses. POLICY People are prohibited and prevented from any use of City facilities that interferes with the purposes for which the City facilities were intended, or which interferes with or obstructs safe, clean access to City facilities. This includes, but is not limited to use of bicycles, scooters, skates, skateboards and similar vehicles in the entry-plaza areas around City Hall. 21. TRAVEL AUTHORIZATION City Policy Reference 100-11 RCW 42.24 Auburn Municipal Code 2.54 PURPOSE To provide Councilmembers who incur authorized travel, subsistence, registration and related expenses while on City business, reasonable and timely mechanisms for reimbursement and/or the advancement of such necessary expenditures. It is also recognized that City payment of business-related food and beverage for non-travel purposes will be incurred by Councilmembers wherein reimbursement will be provided. This policy also served to provide guidelines by which to determine whether or not expenditure by a Councilmember may be reimbursable to that Councilmember, and by which to determine refreshments and related costs served or made available at meetings involving volunteers and other quasi-employees are legitimate City expenditures. Page 294 of 297 POLICY The City will pay reasonable and necessary expenses incurred by Councilmembers while conducting authorized City business. When incurring such expenses, Councilmembers must be sensitive to public expectations as to the use of public moneys and the need to use good judgment. The City will not pay ineligible expenses such as alcoholic drinks, expenses incurred by a spouse or another person, and first-class travel, nor will the City pay expenses judged excessive, extravagant, unnecessary or unreasonable. It shall be the policy of the City to allow attendance and participation of City elected and appointed officials, employees, members of boards, and commissions at meetings and conventions when such participation is determined to be in the public interest. It shall be understood that all subsistence rates, allowances and payments provided to City employees/officials through the implementation of this policy shall only be paid when such employee or official is engaged in duly authorized City business and not for any other purposes. 22. USE OF CITY CREDIT CARDS City Policy Reference 100-12 RCW 43.09.2855 Auburn Municipal Code 3.10.020 PURPOSE 1.1 To establish a policy and procedure related to the distribution, authorization, control and use of City credit cards. 1.2 To establish credit limits and payment of bills related to City credit cards. POLICY The City of Auburn finds that the use of credits cards is a customary and economical business practice to improve cash management, reduce costs and increase efficiency. Use of Credit Cards shall be limited to the following: - Extraordinary and/or emergency type circumstances; - Advance payment for budgeted and authorized training classes/ seminars; - Advance payment for budgeted and authorized purchases made via the internet; - Budgeted, approved. travel including costs associated with such travel (advance payment of airline fares, lodging, registration fees, and tuition); - Non -travel status meals (see receipt requirement in section 5. 4); - Travel status meals limited to the. Per Diem rate (see requirements in section 5. 4). - See also the Travel. Authorization & Reimbursement for Business - Related Travel. Expenses policy, No. 100- 11. All credit card receipts must be itemized or have an itemized receipt accompanying them. Meal receipts shall include a detail of food and beverages served. Meals purchased in travel status will be limited to per diem amounts. If the per diem rate is exceeded, the card user must reimburse the City. Personal charges to City credit cards are not allowed under any circumstance Page 295 of 297 Disallowed charges, or charges not properly identified, will be paid by the card user before the charge card billing is due. Failure to do so will render the card user personally liable for the unpaid amount, plus interest and/ or any fees at the rate charged by the bank that issued the card. Cash advances on all City credit cards are prohibited. 23. PURCHASING CARDS City Policy Reference 100-15 PURPOSE To establish policies and procedures for employees regarding the use of purchasing cards to procure goods or services for official City business purposes. POLICY It is the policy of the City of Auburn to authorize cardholders to make purchases using a City of Auburn purchasing card. Use of purchasing cards will reduce costs associated with processing invoices and purchase orders by departments and accounts payable and maintain good business relations with suppliers through prompt payments. Authorized cardholders are responsible for becoming knowledgeable with proper use of the card, authorized expenditures, and the documentation requirements. Authorized cardholders are to use the cards only for official City business. All purchasing cards will be issued to the City of Auburn in the name of the authorized cardholder. The purchasing card must be maintained on person or otherwise secured in a manner to maintain control of the card. For safety purposes the authorized cardholder' s identification or social security number is not associated with the card. Purchasing Card Program Cardholder Responsibilities: 1. Be accountable and responsible for the purchasing card in his/ her name at all times. 2. Use the purchasing card for official City business only and not personal use or cash advances. The Purchasing Card Agreement between the cardholder and the City must be completed and signed by the cardholder and Pcard Program Administrator (Finance A/ P) before the purchasing card will be issued. The Purchasing Card Agreement and its terms are incorporated as part of this policy. 3. Obtain and retain original receipts, packing slips, and shipping documents for each purchase made with the purchasing card. A monthly report will be provided by the cardholder. 4. Reconcile, or arrange for the reconciliation of, the purchasing card monthly report/ statement. Confirm that original receipts documenting all transactions on the report are supportable as appropriate City expenditures are attached to the report. Have the monthly report reviewed and approved according to internal department policies and submitted to the Finance Department by the appropriate due dates. Include appropriate additional documentation when consistent with other City policies (i. e., travel authorization forms). Page 296 of 297 5. All purchasing card purchases must comply with the City of Auburn Purchasing and Travel policies and procedures. The purchasing card is not to be used as a substitute for contracts. 6. The use of the purchasing card does not relieve the cardholder from complying with other State, City, and department policies and procedures. The purchasing card is not intended to replace effective procurement planning, which can result in quantity discounts, a reduced number of trips, and more efficient use of City resources. 7. The authorized cardholder is the only person entitled to use the purchasing card that has their name on the face of the card. Purchasing cards should be treated with extreme care in the same manner as a personal credit card. The cardholder is responsible for reporting a lost or stolen card immediately to their supervisor and Purchasing Card Program Administrator (Finance A/P). DEFINITIONS: AUTHORIZED CARDHOLDERS. The Mayor, City Council members, and authorized full or part-time regular City employees are eligible to use purchasing cards. Temporary employees are not authorized to use purchasing cards. PURCHASING CARDS. Will be a credit card with a Visa logo issued from the bank or procurement card program of the City’s choice. Page 297 of 297