HomeMy WebLinkAbout09-28-2026 Agenda Packet City Council
* Study Session
CITY OF R PW & CD Special Focus Area
A1JTIJJ: j4 September 28, 2026 - 5:30 PM
City Hall Council Chambers
WASHINGTON
AGENDA
CALL TO ORDER
PUBLIC PARTICIPATION
A. The Auburn City Council Study Session Meeting scheduled for Monday, September 28,
2026, 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/i/81471444663
Webinar ID: 814 7144 4663
ROLL CALL
AGENDA MODIFICATIONS
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
A. 2025 Waste Management Annual Report (Thomas) (20 Minutes)
B. 2025-2026 Auburn Green School Program Presentation (Thomas) (20 Minutes)
PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS
A. Ordinance No. 7027 (Krum) (15 Minutes)
An Ordinance relating to Development Agreements, creating new Chapter 18.80 of Title 18
of the Auburn City Code
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 7031 Budget Amendment #6 (Thomas) (20 Minutes)
An Ordinance amending the City's 2025-2026 Biennial Budget
COUNCIL REPORTS
Page 1 of 60
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(httb://www.auburnwa.aov).
Page 2 of 60
CITY OF
AUBURNAGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Meeting Date:
2025 Waste Management Annual Report (Thomas) (20 Minutes) September 28, 2026
Department: Attachments: Budget Impact:
Finance Presentation
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The City of Auburn and Waste Management entered into a new contract on October 1, 2021. This
presentation is a summary of the services Waste Management provided in 2025. Waste Management
is the solid waste hauler for most of the City, serves as the City's billing agent, and provides customer
service.
Councilmember: Hanan Amer Staff: Jamie Thomas
Page 3 of 60
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Collaboration & Community Investment
WM continued supporting a clean,sustainable,and thriving Auburn community.
ell $11 K+ 4
Memberships, sponsorships,and in kind Supported four city spoh sored community
events(Kids Day,July 4 Festival,Clean
services Sweep, Petapalooza)
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2025 focus areas
"'IT Excellent service and proactive contract management
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Clear communication with residents and city staff
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411 de -� Recycling facility upgrades that expanded accepted materials
WM South Sound operations team Proud member of the Auburn Area Chamber of Commerce
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Operations Overview
2025 operational highlights across service reliability,routing,and customer engagement.
WM operations consistently delivered collection services to more than 19,600 Auburn customers in 2025.
19,600+ 2,048 985 14,856
Auburn customers served Accounts rerouted afterAlgona Transfer Resident inquiries received in 2025 Customers with online profiles
Station upgrades
Looking ahead WM will collaborate with City staff on multifamily and business organics outreach and monitor implementation of the 2025
Recycling Reform Act.
Call center inquiries increased from 921 in 2024 to 985 in 2025, while 9,598 Auburn customers signed up for paperless invoice.
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Diversion Overview
Auburn material totals and diversion performance by customer segment.
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66 680.2 26.3% Diversion rate by customer segment
Residential 44.1%
Tons of material collected in 2025 Overall waste materials diverted
Multifamily 21.4%
Commercial il. 14.6%
Tons by segment and material stream
Residential 24,181.2
Key opportunity
Multifamily 9,438 Continue prioritizing multifamily and
commercial outreach to expand organics
diversion and support waste-reduction
goals.
Commercial 33,061
■ Recycle ■ Organics ■ Garbage
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Public Outreach Overview
Recycle Right°education through targeted business outreach and community engagement.
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The outreach team focused on improving recycling and organics
behaviors through education, community engagement, and
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targeted commercial support.
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Recycle Corps interns • Food-generating businesses visited
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'r,1' Three C's framework
Convenience
Containers are easy to locate and use.
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Clarity Labels and color coding are clear.
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Lcapacity Container size matches service needs.
WM Recycle Corps intern Keagan McMurray visiting Leaf's Deli to talk about the organics
management law and best recycling practices. Personalized site visits included visual waste audits,tailored recommendations, and follow-up digital
composting and recycling resources.
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Community Events & 2026 Momentum
Auburn residents gained access to education and"beyond-the-cart"recycling options.
Community engagement Recycle Right° collection events
WM connected with residents at Auburn Kids Day and the Auburn Two events provided opportunities to recycle electronics, paper for
Farmer's Market through guides, kids' activities, sorting games, and the shredding, plastic foam, and textiles that cannot go in curbside containers.
"wheel of waste."
Accessible education included multilingual outreach and ASL engagement. Hosted at Pioneer Elementary School and Rainier Middle School.
4,452 lb 1 ,805 lb 11 yd3 975 lb
Electronics Paper shredding Plastic foam Textiles
Bottom line: WM strengthened Auburn's Recycle Right° commitment through targeted education, data-driven outreach, community events, and
hands-on support.
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Thank you .
Han Kirkland
WM Public Sector Manager
(425) 449-6806
hkirkla1@wm.com
Grace Fletcher
Innovation and Outreach Specialist
(425) 999-1129
gfletchl@wm.com
*
*
CITY OF
AUBURNAGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Meeting Date:
2025-2026 Auburn Green School Program Presentation (Thomas) (20 September 28, 2026
Minutes)
Department: Attachments: Budget Impact:
Finance Presentation
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
This presentation is a summary of the 2025-2026 Green Schools Program in the Auburn School
District. The King County Green Schools Program offers tools and guidance to help schools reduce
waste and care for the environment.
Councilmember: Hanan Amer Staff: Jamie Thomas
Page 11 of 60
Auburn School District Et
King County Green Schools Program
25 - 26 School Successes
City of Auburn
September 28, 2026
0BURN 11,
SCHOOL DISTRICT
ENGAGE • EDUCATE • EMPOWER
Page 12 of 60
Auburn School District and the \rid
King County Green Schools Program
What is the KCGSP? We are a King CountyIL -���� r � ;��
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Alignment with City of a - p , }`
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Auburn Efforts :�-
A district-led approach forchoo ' A -
the 2025-2026 school year ,, + A1. =_ =
District-wide Green Schools �So;d ee 2025-2026 �.- � �
nnsion
Committee o ,,, REDUCE • REUSE • RECYCLE * RETHINK ,.• y"
School teams + district-led f� � �
initiatives ° _
Meeting district strategic :` = ,
plan goals Itir . " :''
Reduced burden on
school staff
Page 13 of 60
What ' s Been Accomplished?
,a
19 participating district-led school teams (in addition to existing
student/staff-led Green Teams)
Communications:
Great Job Team!- Your
Bi-weekly message to building principals Garbage is Getting Smaller
Regular school announcements duce Garba Increase Recycling Reduce Food Waste
School staff trainings O�
Parent Square- school communityannouncements W
q �
Data collection:
Waste Walk-throughs completed for all schools
Garbage generation tracked over 3 months
Recycling rate calculated
Page 14 of 60
What ' s Been Accomplished? r..... ,Standardized waste practices: II .• I `
Clear liners for classroom recycle containers \i, 1
► You can Help!
Training for kitchen managers to reduce the use Food Boats are Compostable stack them up!
of paper boats4
f :
District switch to compostable boats e•k- -r' 'i la;
Reciciaje tX _�.*il) Recycle ng- �_� :
Compost containers deployed to each kitchen riepepa6onsa ,r ;.
Signage needs for waste containers identified a,..�,�r,
c..dno..d ,
across schools
illiP-Pilot of movable lunchroom waste stations - I �sp.. : FI- . ?� r1112
[mrelepex,nail .-dew; 1 :::::,Eqvii
made by Auburn students! ," w �.
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Page 15 of 60
What was the impact of this work?
Less garbage overall!
28% garbage volume reduction across all schools
1 . 3 fewer gallons of garbage per student per week
16, 904 fewer gallons of garbage per week
Less contamination in the recycling and compost bins!
Standardized waste practices!
Better data!
Staff alignment on goals!
AMHS examples of how the work affected the building and staff
Page 16 of 60
Congratulations to Auburn Schools !
Alpac ES Arthur Jacobsen ES
-DE 0 0Auburn School District*
. i 0 0
Auburn Senior HSalt .
Auburn Mountainview HS
ili 0 0 ill!)-- 0
Bowman Creek ES Cascade MS Chinook ES Dick Scobee ES
Illii 11.4 irh Hp, 0 0 ap, 0 0 U 0 0
Evergreen Heights ES Gildo Rey ES Hazelwood ES Ilalko ES
ii 0 0 ii 0 0 -ui 0 0
Lake View ES Lea Hill ES Mt. Baker MS Pioneer ES
i 0 0 ii 0 0 ii 45, ii 0 ilk
Terminal Park ES West Auburn HS Willow Crest ES
ii 0 0 ili, 0 ir) it 0
*pending final Counl'MIWPal
Thank You to the 25 - 26 Auburn Green Schools
Committee !
Terri Herren-Mountainview Principal
Michael Nash-Auburn High Custodian
Jim Riley-Alpac Principal
Angel Cuenca-Custodial Coordinator
Jeff Welke-King County Green School Representative
Scott Weide-Assistant Director of Maintenance and Operations
Jani May Swift-Chinook Custodian
Greg Brown-Mt. Baker Principal
Jacob Bucy-Assistant Director of Department of Technology
Jon Aarstad-Auburn High Principal
Dave Halford-Executive Director of Principal Leadership
Brian Humphreys-Executive Director of Maintenance and Operations
Jan Campbell-Aikens Executive Director of Child Nutrition Services
Page 18 of 60
intoContinuin � 2026 - 2027 and beyond :
r Implementing standardized waste stations in feeder schools
Compliance with building energy efficiency requirements
Using the KCGSP Climate: Energy and Transportation benchmark to help focus
efforts and implement changes
Student energy audits
Anti-idling campaigns
Safe walking zones
Getting the jump on compost implementation
New Washington State Organics Management Laws
Page 19 of 60
CITY OF •
AiJBtJiR.I\j AGENDA BILL APPROVAL FORM
WASH I NGTON
Agenda Subject: Meeting Date:
Ordinance No. 7027 (Krum) (15 Minutes) September 28, 2026
An Ordinance relating to Development Agreements, creating new Chapter
18.80 of Title 18 of the Auburn City Code
Department: Attachments: Budget Impact:
Community Development Presentation, Ordinance No.
7027, Ordinance No. 7027 -
Exhibit A
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The proposed text amendment would create a new Chapter 18.80 of the Auburn City Code
establishing a comprehensive framework for the use and administration of Development Agreements.
Washington law authorizes local governments to enter into Development Agreements pursuant to
RCW 36.70B.170 through 36.70B.210; Auburn has historically relied primarily on individually
negotiated agreements without a dedicated zoning code chapter establishing consistent procedures
and expectations.
Development Agreements can provide a tool for implementing the City's Comprehensive Plan while
providing greater certainty for the City and development community. They may establish mutually
agreed-upon development standards, project phasing, public improvements, infrastructure
commitments, mitigation measures, affordable housing provisions, and other project-specific
obligations that remain vested for the duration of the agreement.
The proposed Chapter 18.80 establishes consistent procedures for processing Development
Agreements, identifies required contents, establishes responsibilities, defines amendment
procedures, and clarifies the relationship between Development Agreements and other permit
approvals. The proposal also establishes standards for evaluating requests to depart from existing
development regulations while requiring that any flexibility result in an equivalent or greater public
benefit.
Key provisions include recognition of Development Agreements as discretionary legislative actions
approved by City Council; requirements that departures remain consistent with the Comprehensive
Plan and provide an equivalent or greater public benefit; limitations on departures from the Building
Page 20 of 60
Code, environmental regulations, stormwater requirements, and federal and state regulatory
requirements; application, review, noticing, and public hearing procedures; a maximum initial term of
ten years with up to two five-year extensions; and separate procedures for minor and major
amendments.
City staff introduced the proposed Code framework to the Planning Commission on September 9,
2026, for preliminary review and feedback prior to scheduling a future Public Hearing.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 21 of 60
STUDY SESSION
AUBURN
CHAPTER 18 . 80 ACC
VALUES
DEVELOPMENT SERVICE
AGREEMENTS
ENVIRONMENT
ECONOMY
PRESENTED BY CHARACTER
STEVE STURZA, ASSISTANT DIRECTOR SUSTAINABILITY
SEPTEMBER 28 , 2026 WELLNESS
CELEBRATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING • BUILDING • DEVELOPMENT ENGINEERING • PERMIT CENTER • ECONOMIC DEVELOPMENT • CODE ENFORCEMENT
Page 22 of 60
What is a Development Agreement?
• Development Agreements are authorized under
RCW 36. 70B
• Negotiated agreement betwee n City & P r o p erty
owner/ Developer
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SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 23 of 60
What does a Development Agreement do?
• Establish :
• Development standards
• Public improvements
• Mitigation *10
• Project phasing DEVELOPMENT
• Public benefits AGREEMENT
• Vesting of approved regulations
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 24 of 60
Why Use Development Agreements?
• Useful for:
• Large mixed-used projects
• Master planned developments
• Redevelopment projects
• Public/private partnerships
• Projects requiring significant infrastructure
• Complex phasing
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 25 of 60
Why Adopt a Development
Agreement Chapter?
• State law authorizes Development Agreements
• Auburn has used them previously
• Auburn does not currently have a dedicated code chapter
• Predictability
• Transparency
• Consistency
• Standard Procedures
• Clear Approval Criteria
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 26 of 60
What Can Be Included?
• Land uses • Public infrastructure
• Density • Impact fees
• Building heights • Parks and open space
• Design standards • Project phasing
• Affordable housing • Vesting periods
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 27 of 60
Public Benefit Requirement
FLEXIBILITY EQUIVALENT OR
REQUESTED GREATER PUBLIC BENEFIT
(From standard development (Provided to the community)
regulations)
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Affordable Public open Transportation Utility Environmental
housing space improvements infrastructure enhancements
qz, When flexibility from development standards is requested,the City must receive
an equivalent or greater public benefit. Benefits must be meaningful,measurable,and
consistent with the Comprehensive Plan.
SERVICE • ENVIRONMENT • ECONOMY •CHARACTER • SUSTAINABILITY •WELLNESS •CELEBRATION
Page 28 of 60
What Cannot Change?
• Certain regulations cannot be modified through a
Development Agreement.
4
. . . o _o
illa
BUILDING CODE 1ENVIRONMENTAL
Life safety and structural REGULATIONS
standards cannot be ° �! Environmental protections
negotiated. and natural resource
requirements remain
in full effect.
••-•"C
ill
'• •• \a', PROTECTIONS ce
THAT STAY l i i i
STORMWATER \
REQUIREMENTS STATE AND FEDERAL
Stormwater standards and o .. REQUIREMENTS
water quality protections All state and federal laws
cannot be waived. and regulations must be
met in full.
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 29 of 60
Duration
TOTAL POTENTIAL DURATION: 20 YEARS
INITIAL TERM EXTENSION OPTION EXTENSION OPTION
10 YEARS 5 YEARS 5 YEARS
E.),..,
C) 0 1 1
•• •
a..
Agreement Progress Progress Agreement
Effective Review Review Expires
(Around Year 10) (Around Year 15) (End of Year 20)
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 30 of 60
Approval Process
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VP ill.
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V mabii II11NibcbAPPLICANT COMMUNITY DIRECTOR CITY COUNCIL CITY COUNCIL
DEVELOPMENT RECOMMENDATION PUBLIC HEARING DECISION
REVIEW
Applicant submits The Director or Designee prepares City Council holds a City Council takes
complete application Department review for a recommendation to the City public hearing, action and makes
compliance with: Council on the proposed
and required a decision to
materials to the • City codes development agreement in • Public testimony approve, approve
consultation with other City
City of Auburn. is received with conditions,or
• Comprehensive Plan departments as appropriate. deny the application.
• Applicable policies Provided to City Council and
• Council deliberates
made available to the public at
least 10 calendar days prior to
the public hearing.
SERVICE • ENVIRONMENT • ECONOMY •CHARACTER • SUSTAINABILITY •WELLNESS •CELEBRATION
Page 31 of 60
Minor Amendments
• Director Approval
• Examples:
• Clerical corrections
• Ownership changes
• Administrative schedule updates
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 32 of 60
Major Amendments
• City Council Approval
• Examples:
• Density changes
• Height increases
• Reduced public benefits
• New land uses
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 33 of 60
Relationship to Other Permits
• A Development Agreement does NOT replace:
• SEPA
• Site Plan Review
• Conditional Use Permits
• Shoreline permits
• Subdivisions
• Building permits
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY •WELLNESS • CELEBRATION
Page 34 of 60
AUBURN
VALUES
SERVICE
QUESTIONS? ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING • BUILDING • DEVELOPMENT ENGINEERING • PERMIT CENTER • ECONOMIC DEVELOPMENT • CODE ENFORCEMENT
Page 35 of 60
ORDINANCE NO. 7027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS, CREATING NEW CHAPTER 18.80 OF
TITLE 18 OF THE AUBURN CITY CODE
WHEREAS, Revised Code of Washington (RCW) Sections 36.70B.170 through
36.70B.210 authorize local governments to enter into development agreements with
owners of real property within their jurisdictions; and
WHEREAS, the City of Auburn has historically relied primarily on individually
negotiated development agreements without a dedicated chapter of the Auburn City Code
establishing consistent procedures and expectations for their use and administration; and
WHEREAS, as Auburn continues to experience redevelopment, mixed-use
projects, master planned developments, and complex public-private partnerships,
development agreements provide a tool to implement the City's Comprehensive Plan
while providing greater certainty for the City and development community; and
WHEREAS, development agreements may establish mutually agreed-upon
development standards, project phasing, public improvements, infrastructure
commitments, mitigation measures, affordable housing provisions, and other project-
specific obligations that remain vested for the duration of the agreement; and
WHEREAS, the new Chapter 18.80 ACC establishes a comprehensive and
consistent framework for the processing, review, approval, administration, amendment,
duration, and recording of development agreements including requirements for
departures from otherwise applicable development regulations and associated public
benefits; and
Ordinance No. 7027
September 23, 2026
Page 1 of 4 Rev. 2026
Page 36 of 60
WHEREAS, the proposed Chapter 18.80 ACC also clarifies that development
agreements generally supplement, rather than replace, required project permit and
environmental review processes and establish limitations on departures from specified
building, environmental, stormwater, and federal and state regulatory requirements; and
WHEREAS, environmental review for the new Chapter was conducted in
accordance with the procedures of the State Environmental Policy Act (SEPA) under City
File No. SEP26-0015 and was determined to have no probable significant adverse
environmental impacts; and
WHEREAS, pursuant to Chapter 36.70A RCW the new Chapter was transmitted
to the Washington State Department of Commerce Growth Management Services
Division, for a 60-day review period, which ended September 20, 2026, and no comments
were received; and
WHEREAS, on September 9, 2026, the proposed addition of Chapter 18.80 ACC
was presented to the Planning Commission; and
WHEREAS, on September 28, 2026, the Auburn City Council studied the topic
presented to the Planning Commission on September 9, 2026.
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of the hearings, the Planning Commission held a public
hearing on October 6, 2026, and, following public testimony and deliberation, voted to
recommend Chapter 18.80 ACC to City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 7027
September 23, 2026
Page 2 of 4 Rev. 2026
Page 37 of 60
Section 1. Amendment to City Code. Title 18 of the Auburn City Code is
amended to add a new Chapter 18.80, "Development Agreements," as shown in Exhibit
A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this Ordinance or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this Ordinance, or the
validity of its application to other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this Ordinance are
authorized to make necessary corrections to this Ordinance including, but not limited to,
the correction of scrivener's/clerical errors, references, Ordinance numbering,
section/subsection numbers, and any references thereto.
Ordinance No. 7027
September 23, 2026
Page 3 of 4 Rev. 2026
Page 38 of 60
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Paul Byrne, Acting City Attorney
Published:
Ordinance No. 7027
September 23, 2026
Page 4 of 4 Rev. 2026
Page 39 of 60
Page 1/6
Title 18 ZONING
18.80 Development Agreements
Chapter 18.80
DEVELOPMENT AGREEMENTS
18.80.010 Authority.
The City may consider and enter into a development agreement with the owners of real property
within the City or with persons having control of real property within the City if the owners of such
real property execute an authorization for such real property to be subject to and bound by the
development agreement. In this Chapter, the term "owner"shall include both the owner of such real
property and such person having control of such property. Per RCW 36.70B.170, the execution of a
development agreement is a proper exercise of the City's police power and contract authority.A
development agreement shall establish the development regulations and other applicable
provisions governing the development, use, and mitigation of the property, which shall remain
vested for the term specified in the development agreement.The City Council's decision to approve,
approve with conditions, or deny a development agreement is a discretionary legislative action
undertaken pursuant to the City's police power and contract authority.
18.80.020 General provisions.
A. In this Chapter,the term "development regulations"shall have the meaning set forth in ACC
14.02.040.
B. For purposes of this Chapter, "departure" means a modification, adjustment, exception, or
alternative development standard approved through a development agreement that differs from an
otherwise applicable provision of the Auburn City Code while remaining consistent with the
Comprehensive Plan, applicable state law, and the overall purpose and intent of the affected
development regulation.A departure may include a change to permitted land uses, residential
density,floor area ratio, or maximum building height only if expressly approved by the City Council
as part of the development agreement.
C. Any departure requested by the owner from the development regulations of the Auburn City
Code through a development agreement shall be offset by the owner's provision of a benefit to the
City of equal or greater value relative to the departure requested as determined by the City.
1. Equivalent value need not be measured monetarily and the proposed benefit need not be of
the same type as the existing development standard requirement; and
2.A departure from the development regulations shall not be granted unless an equivalent
benefit to the City is provided.
D. Unless otherwise specified within the terms of a development agreement,the development
agreement does not supplant any required project permit decision process per Chapter 14.03 ACC
including, but not limited to, a rezone, a shoreline permit, administrative use permit, conditional use
Page 40 of 60
Page 2/6
permit, architectural site design review, environmental review under Title 16 ACC, or land divisions
under Title 17 ACC. Such land use decisions shall be reviewed in conjunction with the development
agreement.
E.The development agreement must specify the following, as applicable:
1. Project components which define and detail the permitted uses, residential densities,
nonresidential densities, and intensities or building sizes;
2. Design standards such as architectural treatment, maximum heights, setbacks, landscaping,
drainage and water quality requirements, and other development features;
3. Parking;
4. Provisions for affordable housing;
5. Parks and common open space preservation;
6.Amount and payment of impact fees imposed or agreed to in accordance with any applicable
provisions of state law, any reimbursement provisions, other financial contributions by the
property owner, or dedications;
7. Mitigation measures, development conditions, and other requirements of Chapter 43.21 C
RCW;
8. Phasing;
9. Build-out or vesting periods for applicable standards; and
10. Other appropriate development requirements or procedures which are based upon a City
policy, rule, regulation, or standard.
F.A development agreement may obligate a party to dedicate land or easements or fund or provide
services, infrastructure, or other facilities.
G. Subsequently adopted development regulations,which differ from those of an approved
development agreement, shall apply to the property subject to the development agreement only
where necessary to address a serious threat to public health and safety. Subsequently adopted
development regulations which differ from those of an approved development agreement shall also
apply following expiration of any phase or time period specified in the development agreement
during which identified standards cannot be modified.
18.80.030 Development regulations- Flexibility.
A. A development agreement shall be consistent with applicable development regulations to the
fullest extent possible. However, a development agreement may allow for development regulations
that are different from those standards imposed under Auburn City Code in order to provide
flexibility to achieve public benefits, respond to changing community needs, or authorize departures
that provide the functional equivalent or adequately achieve the purposes of otherwise applicable
development regulations.
Page 41 of 60
Page 3/6
B.A development agreement cannot authorize departures from the following development
regulations herein and hereafter amended:
1.ACC Title 15, Buildings and Construction;
2.ACC Title 16, Environment;
3. Chapter 13.48 ACC, Storm Drainage Utility; and
4.Any requirements adopted to implement federal or state law, including the City's National
Pollutant Discharge Elimination System (NPDES), Municipal Stormwater Permit, and the City of
Auburn Surface Water Management Manual.
C. Development regulations approved through a development agreement shall govern the property
in lieu of conflicting provisions of Auburn City Code. Nothing in this subsection authorizes
departures prohibited by Subsection B nor eliminates permits or approvals otherwise required by
state law or this title.
18.80.040 Enforceability.
A. The development agreement shall be binding on the parties and their successors or assigns.
Unless amended or terminated by agreement of both parties,the development agreement is
enforceable during its term by a party to the development agreement. Except as provided in ACC
18.80.020(G), a development agreement and the development regulations in the development
agreement govern during the term of the development agreement or for all or that part of the build-
out period specified in the development agreement.
B.The development agreement shall not be subject to an amendment to a development regulation
or a new development regulation adopted after the effective date of the development agreement,
except as provided in ACC 18.80.020(G).
C.Applications for building permits and other permits subject to Title 15 ACC, Buildings and
Construction, shall be considered under the provisions of Title 15 ACC that are in effect at the time
of submittal of a valid and fully complete application.Any land use decision issued by the City
pertaining to the property subject to the development agreement, after the execution of the
development agreement, must be consistent with the development agreement.
18.80.050 Processing procedure.
A. An application for a development agreement shall be filed by the owner of real property within
the City on forms provided by the Department of Community Development("Department").An
application shall be accompanied by an application fee pursuant to the City's current fee schedule
and a signed development agreement on forms provided by the Department. The development
agreement may provide for assignment of a portion of the application fee to other permit fees if a
development agreement is ultimately approved by the City Council.
B.The Director of Community Development("Director")or Designee, shall prepare a
recommendation to the City Council on a proposed development agreement.The recommendation
shall be prepared in consultation with the other City departments as appropriate based on the
details and conditions of the agreement.The recommendation shall be provided to the City Council
and made available to the public at least 10 calendar days prior to the public hearing on the
proposed development agreement.
Page 42 of 60
Page 4/6
C. Before voting on a proposed development agreement, the City Council shall hold a public hearing
about the development agreement.
D. After said hearing the City Council shall approve, deny, or amend a development agreement.
E. If a development agreement is associated with a legislative action, including, but not limited to, a
comprehensive plan amendment or area-wide rezone,the development agreement may be
processed concurrently with that legislative action.Any required Planning Commission
recommendation shall be transmitted to the City Council.
F. If the owner files an application for a Type II, Ill, or IV land use decision or a Type I project permit,
the City shall review and process the application concurrently with the development agreement, and
the owner shall sign a written waiver of the deadline for issuance of the final decision.A final
decision of the Director, the Director's Designee, or the hearing examiner, on such types of project
permit decisions, shall become effective on the date that the City Council approves the development
agreement.The period for appealing such final decision shall commence on the date that the City
Council approves the development agreement.A recommendation of the Director, the Director's
Designee, or the hearing examiner to the City Council, on such types of land use decisions, shall be
issued at least 10 calendar days prior to the public hearing on the proposed development
agreement.
G. The City shall give notice of the public hearing at which the City Council considers a proposed
development agreement or any amendment thereto as follows:
1. Not less than 10 calendar days prior to the public hearing date, a notice of the public hearing
shall be sent to the property owners within 300 feet of the property subject to the development
agreement and to others who have submitted comments and/or requested notice.
2. Not less than 10 calendar days prior to the public hearing date, a notice of the public hearing
shall be posted on the property subject to the development agreement in the manner required
by Chapter 1.27 ACC.
3. Notice shall be published in the City's official newspaper not less than 10 calendar days prior
to the public hearing date.
4.All costs associated with the public notice shall be borne by the applicant.
H.Any subsequent land use decisions shall be reviewed for compliance with the terms of the
development agreement and any associated land use decisions.
18.80.060 Status, recording, and amendment of development agreement.
A. There is no deadline for processing a development agreement. Development agreements are not
"project permit applications"as defined in RCW 36.706.020(5)(a).
B.The owner, or other agent with signatory authority to bind the property in its entirety, shall sign
the development agreement before the public hearing on the development agreement is scheduled.
C. The term of a development agreement and any extensions thereof shall be as follows:
1.A development agreement may be approved for a maximum period of 10 years with the
possibility for two 5-year extensions.
Page 43 of 60
Page 5/6
2. In determining the appropriate term for a development agreement,the City Council should
consider the type, size, and location of development and phasing if proposed.The City Council
may consider a shorter term with extensions.
3. If extensions are authorized in a development agreement,the owner must request the
extension at least 90 calendar days prior to expiration of the term or any extension. For
development agreements associated with land use decisions,the Director or Director's
Designee may grant an extension for up to five years if the owner can satisfactorily show that,
for a residential project, at least 50 percent of the residential units are constructed or, for
nonresidential and mixed-use projects, at least 50 percent of the gross floor area is constructed.
All other requests for extensions shall be reviewed by the City Council unless another process is
expressly provided for in the development agreement.
D. The City shall record an approved development agreement with the recorder's office of the
county in which the property is located at the cost of the owner.
E.Amendments to an approved development agreement shall be classified as either minor or major
amendments.
1. Minor Amendments.
a.The Director or Director's Designee may approve a minor amendment upon determining
that the proposed amendment:
i. Does not increase residential density or nonresidential intensity;
ii. Does not change or expand permitted land uses;
iii. Does not increase maximum building height,floor area ratio, or other development
intensity approved by the City Council;
iv. Does not substantially modify project phasing or sequencing in a manner that
affects public facilities, infrastructure, or mitigation;
v. Does not reduce required public improvements, mitigation measures, affordable
housing commitments, or other public benefits required by the development
agreement; and
vi. Does not materially alter the findings or basis upon which the development
agreement was approved.
b. Minor amendments may include, but are not limited to:
i. Correction of clerical,typographical, or scrivener's errors;
ii. Correction of legal descriptions;
iii. Updating ownership or contact information;
iv.Assignment or transfer of the development agreement to a successor in interest;
v. Revision of exhibits that do not materially alter the approved development;
Page 44 of 60
Page 6/6
vi.Administrative adjustments to implementation schedules or deadlines expressly
authorized by the development agreement;
vii. Updating references to statutes, regulations, department names, or City code
provisions; or
viii Other administrative revisions determined by the Director or the Director's
Designee to have no material effect on the approved development.
2.The City Council may approve major amendments.
a.Any amendment that does not qualify as a minor amendment shall be considered a major
amendment. Major amendments shall require a public hearing before the City Council and
approval by the City Council. Major amendments include, but are not limited to:
i. Changes to permitted land uses;
i. Changes to residential density or nonresidential development intensity;
ii. Changes to maximum building height or floor area ratio;
iv. Substantial modifications to project phasing;
v. Changes to required public improvements, infrastructure, mitigation measures, or
affordable housing obligations;
vi. Reductions in required public benefits;
vii. Extensions of the term of the development agreement not otherwise authorized
by subsection (C) of this section; or
viii. Any amendment determined by the Director or Director's Designee to materially
alter the approved development agreement or the findings supporting its approval.
b. The City Council shall not approve a major amendment unless it finds the amendment
remains consistent with the Comprehensive Plan, any associated land use approvals, and
the purposes of this Chapter.
Page 45 of 60
CITY OF •
J\UB1JRIT AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Meeting Date:
Ordinance No. 7031 Budget Amendment #6 (Thomas) (20 Minutes) September 28, 2026
An Ordinance amending the City's 2025-2026 Biennial Budget
Department: Attachments: Budget Impact:
Finance Finance Transmittal Memo,
Ordinance No. 7031, Ordinance
No. 7031 - Schedule A,
Ordinance No. 7031 - Schedule
B, Presentation
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Ordinance No. 7031 (Budget Amendment No. 6) represents the sixth budget amendment for the
2025-2026 Biennium. This amendment consists of the authorization of staff and such repairs and
maintenance, equipment, furniture, and supplies as necessary to ensure the Auburn Municipal Court
can successfully commence operations on January 1, 2027.
Councilmember: Hanan Amer Staff: Jamie Thomas
Page 46 of 60
CITY OF * Interoffice Memorandum
iI •JRt
WASHINGTON
To: City Council
From: Jamie Thomas, Finance Director
CC: Nancy Backus, Mayor
Date: September 15, 2026
Re: Ordinance#7031 —2025-2026 Budget Amendment#6
The City's biennial 2025-2026 budget was approved by Council as two one-year appropriations. Budget
Amendment#6 will be the sixth budget amendment for the biennium and will update the 2026 appropriations.
For details on specific requests to amend the biennial budget, please refer to the accompanying Schedule
A, Summary of 2026 Budget Adjustments by Fund.The purpose of this budget amendment is to:
1. Authorize seven Municipal Court staff FTEs to begin in 2026, in anticipation of the opening of the
Municipal Court on January 1,2027; and
2. Authorize expenditures as necessary to upfit the Municipal Court with the necessary repairs and
maintenance, equipment,furniture, and supplies to commence operations.
Net Effects on 2026 Fund Balance: The fund balance (or ending working capital for proprietary funds)of a
fund is affected when revenues and expenditures within a fund are not equal. If revenues exceed
expenditures, fund balance increases; if expenditures exceed revenues, fund balance decreases. Budget
Amendment No. 5 has the following effects on fund balance:
• General Fund (Fund 001) $ -1,197.600
NET EFFECT ON FUND BALANCE $ -1,197,600
Authorize New FTE Positions: This request authorizes one Judge, one Deputy Court Administrator,
one Probation Services Supervisor, one Probation Officer, one Lead Court Clerk, and two Court Clerks
to begin in 2026. These positions must be trained and deployed prior to the opening of the Municipal
Court in order to successfully commence operations on January 1, 2027.
• Seven Court Staff Positions $ 331,100
NEW EXPENDITURE AUTHORITY $ 331,100
NET EFFECT ON FUND BALANCE $ -331,100
AUBURN * MORE THAN YOU IMAGINED
Page 47 of 60
Court Upfit: These requests represent the expenditures necessary to ensure that the Municipal Court
can deliver all expected services in a safe, secure manner while meeting expectations for presentation.
• Computer technology and audio/video equipment $ 478,000
• Facility improvements 179,600
• Furniture and appliances 157,200
• Court security 40,800
• Operating supplies 10,900
NEW EXPENDITURE AUTHORITY $ 866,500
NET EFFECT ON FUND BALANCE $ -866,500
Interfund Activity: The following interfund transfers and allocations are necessary to facilitate the
amendments listed above.
• Interfund Activity $ 679.900
NEW EXPENDITURE AUTHORITY $ 679,900
NET EFFECT ON FUND BALANCE $ 0
The following tables summarizes the current and revised budget as a result of this amendment.
Table 1: 2026 Budget as Amended
2026 Amended Budget $631,128,432
Budget Amendment#6(Ord#7031) 679,900
Budget as Amended $631,808,332
Attachments:
❖ 1. Proposed Ordinance#7031 (budget adjustment#6)
❖ 2. Summary of proposed 2026 budget adjustments by fund and department(Schedule A)
❖ 3. Summary of proposed changes to the amended 2026 budget by fund (Schedule B)
AUBURN * MORE THAN YOU IMAGINED
Page 48 of 60
ORDINANCE NO. 7031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY'S 2025-
2026 BIENNIAL BUDGET
WHEREAS, at its November 18, 2024, regular meeting, the Auburn City Council
enacted Ordinance No. 6848, which adopted the City's 2025-2026 Biennial Budget
(Budget); and
WHEREAS, the City Council has amended the Budget five times since adoption
(by enacting Ordinance No. 6975 on May 19, 2025, Ordinance No. 6991 on August 4,
2025, Ordinance No. 7000 on November 17, 2025, Ordinance No. 7017 on April 20, 2026,
and Ordinance No. 7023 on July 6, 2026); and
WHEREAS, the City deems it necessary to amend the Budget to appropriate
additional funds into the various Budget funds outlined in the schedules attached to this
Ordinance; and
WHEREAS, the City Council has approved this Ordinance by one more than its
majority in accordance with RCW 35A.34.200.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment of the 2025-2026 Biennial Budget. Pursuant to
Chapter 35A.34 RCW, the City hereby amends its 2025-2026 Biennial Budget to reflect
the revenues and expenditures shown on Schedules "A" and "B", attached hereto and
incorporated herein by reference.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Ordinance No. 7031
September 24, 2026
Page 1 of 2 Rev. 2026
Page 49 of 60
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. Corrections. The City Clerk and the codifiers of this Ordinance are
authorized to make necessary corrections to this Ordinance including, but not limited to,
the correction of scrivener's/clerical errors, references, Ordinance numbering,
section/subsection numbers, and any references thereto.
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Paul Byrne, Acting City Attorney
Published:
Ordinance No. 7031
September 24, 2026
Page 2 of 2 Rev. 2026
Page 50 of 60
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment#6(Ordinance#7031)
Ending Fund
Beg.Fund Balance Revenues Expenditures Balance
General Fund (#001) 1
2026 Adopted Budget 33,158,530 106,950,907 114,023,485 26,085,952
Previous Budget Amendments 19,825,957 5,994,672 11,287,676 14,532,953
2026 Amended Budget 52,984,487 112,945,579 125,311,161 40,618,905
BA#6(Ordinance#7031,Proposed): - - 1,197,600 (1,197,600)
Municipal Court
Municipal Court Security Improvements - - 40,800 (40,800)
Justice Center Facility Improvements - - 179,600 (179,600)
Court Furniture&Appliances - - 157,200 (157,200)
Court AV&IT - - 478,000 (478,000)
Municipal Court Staffing - - 331,100 (331,100)
Court Supplies,Small Tools,and Misc. - - 10,900 (10,900)
Revised 2026 Budget-Fund 001 52,984,487 112,945,579 126,508,761 39,421,305
Facilities Fund (#505) 1
2026 Adopted Budget 398,740 4,932,800 4,947,759 383,781
Previous Budget Amendments 256,688 1,101,317 1,646,253 (288,248)
2026 Amended Budget 655,428 6,034,117 6,594,012 95,533
BA#6(Ordinance#7031,Proposed): - 201,900 201,900 -
Municipal Court Security Improvements - 22,300 22,300 -
Justice Center Facility Improvements - 179,600 179,600 -
Revised 2026 Budget-Fund 505 655,428 6,236,017 6,795,912 95,533
Innovation &Technology Fund (#518) 1
2026 Adopted Budget 2,731,569 9,455,300 9,246,580 2,940,289
Previous Budget Amendments 238,471 2,070,931 1,901,604 407,798
2026 Amended Budget 2,970,040 11,526,231 11,148,184 3,348,087
BA#6(Ordinance#7031,Proposed): - 478,000 478,000 -
Court AV&IT - 478,000 478,000 -
Revised 2026 Budget-Fund 518 2,970,040 12,004,231 11,626,184 3,348,087
Page 51 of 60
Schedule A
Summary of 2026 Budget Adjustments by Fund
Budget Amendment#6(Ordinance#7031)
Ending Fund
Beg.Fund Balance Revenues Expenditures Balance
Grand Total -All Funds
2026 Adopted Budget 141,526,173 280,938,953 289,766,103 132,699,023
Previous Budget Amendments 136,322,900 72,340,406 153,392,013 55,271,293
2026 Amended Budget 277,849,073 353,279,359 443,158,116 187,970,316
I Total BA#6(Ordinance#7031,Proposed): - 679,900 1,877,500 (1,197,600)1
Revised 2026 Budget 277,849,073 353,959,259 445,035,616 186,772,716
631,808,332 631,808,332
Page 52 of 60
Schedule B
2026 Ending Fund Balance/Working Capital
by Fund
2026
Amended 2026
Beginning Amended BAI$6 BA#6 BA Net Change Revised Ending
Fund Balance Ending Balance Revenues Expenditures Fund Balance Balance
1 General Fund(#001) 52,984,487 40 905 i„618 - 1 197"600 i (1,197,600) 39,421,305
i General Transportation Fund(#102) 15,292,566 7,098,618 i -
- - 7,098,618
Hotel/Motel Tax Fund(#104) 385,943 369,343 1 - - i - 369,343
1 Arterial Street Preservation Fund(#105) 6,864,676 4,868,565 1 - - - 4,868,565
Drug Forfeiture Fund(#117) 823,586 678,800 i - - - 678,800
Recreation Trails Fund(#120) 63,629 71,129 1 -
- - 71,129
Cumulative Reserve Fund(#122) 589 44 682„ . 39,134,078 i - - - 39,134,078..
Mitigation Fees Fund(#124) 13,594,192 3,414,868 i - - i - 3,414,868
2020 LTGO A&B Refunding Bonds Fund(#232) 498,405 498,505 i - - ,
- 498,505
I SCORE Debt Service Fund(#238) - - - i - -
i Parks Construction Fund(#321) 1,926,685 1,612,187 i - - i - 1,612,187
i Capital Improvements Fund(#328) 5,082,797 4,418,645 i - -
- 4,418,645
i Local Revitalization Fund(#330) 353,125 44,437 1 - - - 44,437
1 Real Estate Excise Tax Fund(#331) 17,066,543 11,669,707 1 - - - 11,669,707
Water Fund(#430) 23,355,172 9,501,244 i - - - 9,501,244
Sewer Fund(#431) 35,036,092 20,682,846 1 -
- - 20,682,846
Storm Drainage Fund(#432) 25,011,077 9,204,602 i - - - 9,204,602..
Sewer Metro Sub Fund(#433) 5,539,425 5,582,425 -i - i - 5,582,425
I Solid Waste Fund(#434) 2,754,644, 3,581,114 i - - ,
- 3,581,114
I Airport Fund(#435) 2,656,713 1,234,519 i - - i - 1,234,519
I Cemetery Fund(#436) 1,623,094 1,144,887 i - - i - 1,144,887
i Insurance Fund(#501) 1,237,416 1,074,916 i - - i - 1,074,916
1 Workers'Comp Fund(#503) 3,659,144 3,824,044 1 - - i - 3,824,044
1 Facilities Fund(#505) 655,428 95,533 1 201,900 201,900 i
I - 95,533
478,000 1 Innovation&Technology Fund(#518) 2,970,040 3,348,087 i 478,000 - 3,348,087
Equipment Rental Fund(#550) 9,221,655 9,536,795 ! -
- : - 9,536,795
I Fire Pension Fund(#611) 1,870,815 1,839,475 i - - - 1,839,475
i- .. i .
Cemetery Endowment Fund(#701) 2,732,042 2,822,042 i - ,
- - 2,822,042
Page 53 of 60
AUBURN MUNICIPAL COURT
Ordinance No. 7039-Municipal Court Budget Adjustment
Presiding Judge- Hon . Matthew Leyba
,,, Court Administrator-Melissa Patrick
,,,�Sy�E MUNIcj
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1- of WASKtl;d'��/' CITY of AUBURN
Page 54 of 60
Mission Statement
The Auburn Municipal Court is committed to the fair, impartial, and timely
administration of justice. As an independent branch of government, we protect the
rights and liberties of all who come before the Court while providing accessible,
respectful, and transparent service. Through integrity, accountability and
collaboration with our community and justice partners, we strive to foster public
trust and confidence in the judicial system.
Aciry r Municipal Court Budget Adjustment
AUBURN
Page 55 of 60
Accom li hm nis to Date
• Judges appointed
• Court Administrator hired as of July 1
• Court calendars for Quarter 1, 2027 drafted
• Meetings with stakeholders and court users
• Collaboration with the Administrative Office of the Courts
• Organizational chart and hiring schedule
• Local Court Rules, Language Access Plan, Court Security Plan completed
• Court related software and programming selected
Acmw Municipal Court Budget Adjustment
AUBURN
Page 56 of 60
ExcludedElements
• Possible caseload inheritance from King County District Court
• Expanded Photo Enforcement Program
• Facility condition
• Costs of goods and services, supply chain issues
Amof Municipal Court Budget Adjustment
AUBURN
Page 57 of 60
iljRNI
rJSTICE
---4111141a CENTER
Next Steps :
.
r •
r _ • Facility Readiness
_ J • Workforce Preparedness
- ./ 74sopprik _ -- � • Technology Deployment
nit �RR OM 1, 1, • Public and Staff Safety
Iv • Caseflow Procedures Outlined
Mew' •
Page 58 of 60
Budget Adjustment Categories
• Innovation, Technology, Audio & Visual
• Court Security
• Facility Improvements
• Furniture and Appliances
• Supplies
• Staffing
Amof Municipal Court Budget Adjustment
AUBURN
Page 59 of 60
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�a; ;�l. Goals :
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• Create a welcoming,n safe &
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• Provide technology that increases
efficiencies within the court
11 • Build court services with a customer
service and public safety focus
Page 60 of 60