Loading...
HomeMy WebLinkAbout04-28-2014 COUNCIL OPPERATIONS COMMITTEE PACKET Council Operations Committee April 28, 2014 - 3:30 PM Council Conference Room AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. March 24, 2014 Minutes* III.ORDINANCES A. Ordinance 6504* IV.DISCUSSION ITEMS A. City Council Workshops* (Heid) Discussion of a Council Workshop format relative to the Council Operations Committee V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 1 of 75 AGENDA BILL APPROVAL FORM Agenda Subject: March 24, 2014 Minutes Date: April 21, 2014 Department: Administration Attachments: minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:April 28, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 75 Council Operations Committee March 24, 2014 - 2:30 PM Council Conference Room - City Hall MINUTES I. CALL TO ORDER A. Roll Call Deputy Mayor Wagner called the Council Operations Committee meeting to order at 2:30 p.m., in the Council Conference Room at Auburn City Hall, 25 West Main Street in Auburn. Members in attendance included Chair Rich Wagner, Vice Chair Bill Peloza and Member Largo Wales. Also in attendance were Mayor Nancy Backus, City Attorney Daniel B. Heid, Human Resources and Risk Management Interim Director Rob Roscoe, Community Development and Public Works Director Kevin Snyder and Deputy City Clerk Shawn Campbell. B. Announcements There was no announcement. C. Agenda Modifications Discussion of the Council Retreat was added as Item "C". II. CONSENT AGENDA A. February 26, 2014 Meeting Minutes Vice Chair Peloza requested page 3 be amended to read: The Committee also discussed the primary roles and responsibilities of each committee. The Planning and Community Development, Public Works, Finance and Council Operations Committees roles were refined. Vice Chair Peloza moved and Member Wales seconded to approve the February 26, 2014 Meeting minutes as amended. MOTION CARRIED UNANIMOUSLY. 3-0 III. DISCUSSION ITEMS A. Resolution No. 5054 (Heid) A Resolution of the City Council of the City of Auburn, Washington, Page 1 of 3 CA.A Page 3 of 75 amending Resolution No. 5017 of the City Council of the City of Auburn, Washington, passed December 3, 2013, relating to the standing committees of the City Council of the City of Auburn Chair Peloza noted the Planning and Community Development Committee section of the spreadsheet needed to be amended to reflect the Veterans and Human Service Center. (Rather than the Development and Human services Center.) Vice Chair Peloza moved and Member Wales seconded to forward Resolution No. 5054 to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 B. Council Compensation Commission Chair Wagner confirmed the Council has the authority to enact and disband a salary commission. City Attorney Heid stated if a salary commission finds a city council should have a pay increase it is effective immediately, but pay decreases are not effective until the next election cycle. Changes to a council's salary are also subject to referendum. The Committee discussed what the surrounding jurisdictions offer their councilmembers for wages and benefits and if they have salary commissions. The Committee discussed the timing of a salary commission ordinance, number of members and structure, number of times the commission is required to meet each year, term limits for a member, when the salary commission's finding would be presented to the Council and the authority of Council to repeal the salary commission ordinance. The Committee requested City Attorney Heid provide a draft ordinance at the April 28, 2014 Council Operations Committee meeting. C. Council Retreat Chair Wagner requested the retreat include discussion on the City's core values, sometimes citizens are confused between the City's core values and the Council's core values. The retreat also needs to include discussion of Imagine Auburn campaign. Director Snyder stated the Council Retreat is for the Council to discuss their core values and to confirm Council's priorities for the rest of 2014 and begin setting priorities for the next budget cycle. Page 2 of 3 CA.A Page 4 of 75 IV. ADJOURNMENT There being no further business, the meeting adjourned at 3:29 p.m. Approved this ___ day of April, 2014. __________________________ __________________________ Rich Wagner, Chair Shawn Campbell, Deputy City Clerk Page 3 of 3 CA.A Page 5 of 75 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance 6504 Date: April 18, 2014 Department: Administration Attachments: Ord 6504 memo Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:April 28, 2014 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 6 of 75 - - - - - - - - - - - - - - - - - - - Ordinance No. 6504 April 3, 2014 Page 1 ORDINANCE NO. 6 5 0 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 2.08 OF THE AUBURN CITY CODE ESTABLISHING AN INDEPENDENT SALARY COMMISSION WHEREAS, the current provisions of state law, and particularly the provisions of Section 35.21.015 of the Revised Code of Washington allow for cities to establish independent salary commissions to set the salaries for elected City Council members and other elected officials of the City; and WHEREAS, in order to address the need for the salary of the City Council members for the City of Auburn to be set in a consistent and uniform manner, it would be advantageous for the City of Auburn to have established an Independent Salary Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION 1. CREATION OF NEW CHAPTER TO AUBURN CITY CODE. A new Chapter 2.08 of the Auburn City Code be, and the same hereby is, created to read as follows: Chapter 2.08 INDEPENDENT SALARY COMMISSION Sections: 2.08.010 Commission established. 2.08.020 Purpose. 2.08.030 Membership. 2.08.040 Qualifications. 2.08.050 Operation. 2.08.060 Responsibilities. 2.08.070 Effective date – Salaries. 2.08.080 Salary schedule subject to referendum petition. ORD.A Page 7 of 75 - - - - - - - - - - - - - - - - - - - Ordinance No. 6504 April 3, 2014 Page 2 2.08.010 Commission established. A salary commission is hereby established pursuant to RCW 35.21.015, hereinafter referred to as the City of Auburn Independent Salary Commission. 2.08.020 Purpose. The purpose of the Independent Salary Commission shall be to review and establish the salaries of the members of the City Council. For the purposes hereof, the salary authority of the Independent Salary Commission shall include all compensation that may be paid to or received by councilmembers, whether or not it is identified as salary. Also for the purposes hereof, the salaries identified by the Independent Salary Commission shall be uniform among the same category or class of elected officials. This provision, however, does not prevent or preclude the Independent Salary Commission from providing for a different salary for the Councilmember selected as the Deputy Mayor of the City. Rather, the Independent Salary Commission would be entitled to consider the additional duties of the Deputy Mayor in setting salaries for that position. 2.08.030 Membership. A. The Independent Salary Commission shall consist of five members who shall be registered voters and residents of the City of Auburn, appointed by the Mayor and approved/confirmed by the City Council. B. The members of the Independent Salary Commission shall serve without compensation. C. Each member of the Independent Salary Commission shall serve a term of four years, except that the first five commission members shall be appointed for different terms, as follows: one member to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and two members to serve for a period of four years. The Mayor, with the approval/confirmation of the City Council, may appoint alternate Independent Salary Commission members as the need arises. The Mayor shall annually appoint, subject to approval/confirmation by the City Council, new members by March of any given year to fill the expiring terms on the Independent Salary Commission. D. No member may be appointed to more than two terms on the Independent Salary Commission, whether or not those terms are held consecutively. E. If, for any reason, a vacancy occurs during the term of an Independent Salary Commission member, the Mayor shall appoint, with the approval/confirmation of the City Council, a new member to fill the unexpired term of that member. F. The Mayor and City Council may remove an Independent Salary Commission member at any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence, or for ORD.A Page 8 of 75 - - - - - - - - - - - - - - - - - - - Ordinance No. 6504 April 3, 2014 Page 3 three consecutive unexcused absences of regularly scheduled meetings of the Independent Salary Commission. G. All members of the Independent Salary Commission shall serve until their successors are duly appointed by the Mayor and approved/confirmed by the City Council. 2.08.040 Qualifications. A. No person shall be appointed to serve as a member or alternate member of the Independent Salary Commission unless that person is a citizen of the United States, a resident of the City for at least one year immediately preceding such appointment, and an elector of the county in which the member resides. B. No City officer, official or employee of the City or an immediate family members of a City officer, official or employee may serve on the commission. “Immediate family member,” as used in this Section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official or employee. 2.08.050 Operation. A. The Independent Salary Commission shall elect a chair and vice chair from among its voting members. Other than for those members initially appointed for a one year term, such officers shall hold office for two years. The Independent Salary Commission may from time to time establish and publish Rules of Procedure for the efficient and fair conduct of its business, consistent with state law and City Ordinance. B. The Mayor shall appoint appropriate staff to assist the Independent Salary Commission in preparation of its reports and records, and conducting its meetings, as may be necessary for the proper operation of the commission. C. The meetings of the Independent Salary Commission shall be subject to the Open Public Meetings Act pursuant to Chapter 42.30 RCW. D. The Independent Salary Commission, with the assistance of appointed staff, shall keep a written record of its proceedings, which shall be a public record all in accordance with state law. E. The Independent Salary Commission shall have the authority to raise and lower salaries of the City Council. A City Council salary increase or decrease shall occur only if three members of the Commission vote in favor of the increase or decrease. Three members of the Commission shall constitute a quorum, and the votes of such quorum shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the Independent Salary Commission. F. The Independent Salary Commission shall meet at least once in 2014 and at least once in each year thereafter to consider whether or not to review and/or adjust existing City Council salaries. The initial meeting of the Independent ORD.A Page 9 of 75 - - - - - - - - - - - - - - - - - - - Ordinance No. 6504 April 3, 2014 Page 4 Salary Commission shall take place within thirty (30) days after the initial members of the Independent Salary Commission have been appointed and confirmed. Thereafter, the initial annual meeting of the Independent Salary Commission shall occur no later than April 30th, in any given year. G. Prior to a vote of the Independent Salary Commission to raise or lower salaries, residents of the City shall have an opportunity to comment or submit comments in writing. An opportunity for comments shall be conducted in a manner that is consistent with the procedure used at regularly scheduled meetings of the City Council for public comment. H. Prior to a vote of the Independent Salary Commission to raise or lower salaries, the Commission may request, from the Mayor or designee, additional financial information and other relevant data, other than that information provided in Paragraph I. of this Section. I. The Mayor or designee shall provide the Independent Salary Commission with, and the Commission shall consider, information regarding salaries paid to members of city councils from comparable cities. Such comparable cities shall be comprised of cities having a population of at least 50,000 and located in King, Pierce or Snohomish counties. J. In its meeting(s), the Independent Salary Commission shall review and, if it so determines, amend and file its schedule of salaries for the City Council with the City Clerk within thirty (30) days after its meeting(s) in 2014, and thereafter shall file its amended schedule of salaries for the City Council (if any) with the City Clerk no later than May 31st. If necessary, the Independent Salary Commission will also meet upon any other call by the chair, the Mayor or by the majority vote of the City Council. 2.08.060 Responsibilities. The Independent Salary Commission shall have the following responsibilities: A. To study the relationship of salaries to the duties of the City Councilmembers and those of comparable cities, and to establish a uniform salary for all Councilmembers by either increasing or decreasing the existing salaries for the City Council by an affirmative vote of not less than three members; B. To review salary schedules and file its amending salary schedules, if any, within thirty (30) days after the initial meetings of the Independent Salary Commission; and thereafter, to review salary schedules and file its amending salary schedules, if any, not later than May 31st of every year thereafter; C. To submit each amended salary schedule to the City Clerk, who will publish the complete schedule two times, at least one week apart in the official newspaper of the City. The second publication date will be the official filing date. The schedule will become effective thirty (30) days after this date. ORD.A Page 10 of 75 - - - - - - - - - - - - - - - - - - - Ordinance No. 6504 April 3, 2014 Page 5 2.08.070 Effective date – Salaries. The Independent Salary Commission’s established or amended salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule. Once filed, the schedule shall be incorporated into the City budget without further action of the City Council or the Independent Salary Commission. Salary increases established by the Independent Salary Commission shall be effective as to all City Councilmembers regardless of their terms of office. Salary decreases established by the commission shall become effective as to incumbents at the commencement of their next subsequent terms of office. Existing salaries for Councilmembers established by City Ordinance and/or City Budget shall remain in effect unless and until changed in accordance with the provisions of this Chapter. The terms and conditions of the commission’s adopted salary schedule will remain in effect until amended under the terms and conditions of a new salary schedule filed in accordance with this Chapter. 2.08.080 Salary schedule subject to referendum petition. A. The Independent Salary Commission’s adopted salary schedule shall be subject to referendum petition by the people of the City upon filing of a valid referendum petition with the City Clerk within thirty (30) days after the official filing date of the salary schedule. The number of registered voters needed to sign such a petition for referendum shall be fifteen percent of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people. B. Referendum measures under this Section shall be submitted to the voters of the City at the next following general or municipal election occurring thirty (30) days or more after the petition is filed and shall be otherwise governed by the provisions of the State Constitution, RCW 35A.11.100 and other laws generally applicable to referendum measures. SECTION 2. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. SECTION 3. SEVERABILITY. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. ORD.A Page 11 of 75 - - - - - - - - - - - - - - - - - - - Ordinance No. 6504 April 3, 2014 Page 6 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ATTEST: ________________________________ NANCY BACKUS, MAYOR _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ORD.A Page 12 of 75 ORD.A Page 13 of 75 ORD.A Page 14 of 75 ORD.A Page 15 of 75 ORD.A Page 16 of 75 ORD.A Page 17 of 75 ORD.A Page 18 of 75 ORD.A Page 19 of 75 AGENDA BILL APPROVAL FORM Agenda Subject: City Council Workshops Date: April 21, 2014 Department: Administration Attachments: council workshop Council Rules Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff:Heid Meeting Date:April 28, 2014 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 20 of 75 CITY CODE SECTIONS THAT INCLUDE REFERENCES TO COUNCIL COMMITTEES 2.03.100 Meeting coordination duties. The mayor or the mayor's designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues forwarded by the various council committees, and for including in those agendas the items and issues proposed by the mayor and city administration, for consideration by the council. The mayor or the mayor's designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.) 2.06.045 Committee of the whole meetings. Committee of the whole, consisting of the entire membership of the city council and the mayor as presiding officer, shall meet at 5:00 p.m. on the fifth Monday of the month throughout the year, at the Council Chambers at Auburn City Hall, 25 West Main Street, Auburn, Washington, unless a different time and/or location is specially set and noticed, or unless such meeting is cancelled by the mayor for lack of an agenda with proper notice. The purpose of such meetings of the committee of the whole shall be to address specific issues of city-wide importance that do not lend themselves to the agendas of the standing committees, and that do not, in their present form or stage of development, lend themselves to the agendas of the regular council meetings. The city council shall not take final action on any matters coming before it at a meeting of the committee of the whole unless the meeting is noticed as a special meeting for such purpose, pursuant to the requirements of ACC 2.06.040. (Ord. 5831 § 1, 2004.) 2.07.080 Subcommittee structure. A. The junior city council may informally divide its members into subcommittees to consider different topics of interest. To the extent that it deems appropriate and helpful, the subcommittees will parallel the city council committees of finance, public works, planning and community development, municipal services, and the Les Gove Community Campus. B. The subcommittees will meet on an as-needed basis. C. The subcommittees shall consist of at least three members of the junior city council, but shall consist of less than a quorum of the junior city council (less than five members). D. Any discussions or recommendations of any subcommittees shall be communicated to and shared with the full junior city council. E. The subcommittees shall not constitute legislative or agency bodies so as to trigger the requirement that the subcommittees comply with the Washington State Open Public Meetings Act (Chapter 42.30 RCW). (Ord. 6441 § 1, 2013.) 2.12.010 Duties. DI.A Page 21 of 75 The city attorney shall advise authorities and officers on all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He shall represent the city in all actions brought by or against the city, or against city officials in their official capacity. He shall perform such other duties as the city council by ordinance may direct. Included in the foregoing and in addition thereto, the city attorney shall: A. Attend all meetings of the city council, including regular, special and interim meetings, as well as all regular meetings of the planning commission and board of adjustment of the city; B. Attend meetings, upon request, of all other official boards and commissions of the city, as well as all committees of the city council; C. Maintain an office in space furnished by the city in the city hall building during regular business hours Monday through Friday, except during those periods of time when the presence of either himself or his assistant is required out of the office in the performance of official legal business for the city; D. Answer inquiries from citizens for information concerning city matters; E. Consult interested officials and officers concerning, and prepare all resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices and other legal documents, and suggest legislation, where the responsibility for preparation is upon the city, or requested by city officials; examine and approve or suggest changes in all such instruments when the duty of preparation rests upon others than the city; F. Advise the council, boards, commissions, department heads and other city officials and officers, rendering formal legal opinions when requested, or when it appears to the attorney necessary or advisable; G. Prosecute in the court of criminal jurisdiction, and on appeal in appellate courts, all alleged violations of city ordinances, and actions to recover licenses, penalties and forfeitures. Advise the proper officials and officers on the filing of complaints therefor; H. Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers and employees in their official capacity, including condemnation proceedings. Participate in consultations concerning settlement of claims against the city, or its officials, officers and employees in their official capacities; provided, that where insurance counsel also defends the city, the main burden of such actions may be left to such counsel. See to the ultimate enforcement of all judgments and decrees rendered in favor of the city in any action or suit; I. Participate in the expedition of bond issues, providing this shall not require an opinion of the validity of the bonds in any case where special bond counsel is retained by the city or any prospective bond buyer; J. On request, participate in and consult concerning intergovernmental relations in which the city is concerned; K. Perform such other duties as may be required by the laws of the state. Provided, however, the duties of the city attorney as prescribed in this section shall not prohibit the employment of special counsel to assist the city attorney in unusual cases of a specialized nature, when such employment is authorized by the city council. (1957 code § 1.05.010.) DI.A Page 22 of 75 2.25.030 Duties of planning and development department. The planning and development department shall supervise and control the following: A. Preparation and implementation of the budget for the department; B. Formulate and recommend comprehensive goals on planning; C. Ensure compliance with statutory requirements relative to environmental issues; D. Direct preparation and review of environmental impact statements and technical reports and determine final action on environmental issues; E. City’s responsible official for SEPA compliance; F. Provide staff to planning commission, human resources committee, hearing examiner and planning and development committees; G. Coordinate with public works and parks and recreation department to ensure departmental plans are compatible with the comprehensive plan; H. Coordinate with police, fire, public works and parks and recreation department regarding developer plans to ensure department ability to provide required services to developing areas; I. Represent city on regional issues; J. Coordinate with other jurisdictions and agencies to resolve issues with neighboring jurisdictions; K. Develop and maintain the comprehensive plan and special purpose plans; L. Provide lead in annexation issues; M. Develop and maintain zoning ordinance; N. Act as liaison to Auburn Chamber of Commerce and Auburn Downtown Association; O. Ensure compliance with the Growth Management Act; P. Oversee process for new developments; Q. Oversee variance requests; R. Provide support to hearing examiner. (Ord. 6287 § 1, 2010; Ord. 4729 § 3, 1996.) 3.04.270 Landscaping and community beautification and gift cumulative reserve fund – Use. The Auburn landscaping and community beautification and gift cumulative reserve fund shall be used for the purpose of receiving gifts and donations of moneys to the fund and the cumulative reserve funds shall be used for the purpose of city landscaping and community beautification projects and for such special purposes as any donors of any such money or gifts to such fund might specify, as approved by the planning, beautification and building codes committee. (1957 code § 1.36.200.) 3.04.280 Landscaping and community beautification and gift cumulative reserve fund – Designation of use of gifts. Any person or party making a gift or donation to the fund referred to in ACC 3.04.270 may, in doing so, designate that the materials purchased with the gifts or DI.A Page 23 of 75 donations shall be inscribed in a suitable manner with a dedication or memorial to a person, place or thing, as directed by the donor; provided, however, that the city reserves the right to reject any such gift or donation at the option of the city for whatever reason the city deems proper. The planning, beautification and building codes committee shall recommend to the city council the acceptance or rejection of the gifts or donations. (1957 code § 1.36.210.) 3.10.028 Approval by council committee of asset and/or system expansions, additions, and betterments. Asset and/or system expansions, additions, and betterments that have been recognized as authorized capital projects exceeding $25,000 in the budget shall be reviewed by the appropriate council committee to formally initiate the project prior to a call for bids. (Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.) 5.20.050 License application – Approval or disapproval procedure. The business license clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall: A. Adopt all forms and prescribe the information required to implement this chapter; B. Submit all applications, to department heads as listed below for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing: 1. Ambulance services license: fire and police departments; 2. Amusement device license: police (four or under) and building, planning and police (five or more); 3. Auto races license: building, fire, planning and police departments; 4. Cabaret licenses: fire and police departments; 5. Carnivals, circuses, shows, etc., licenses: building, fire, police and planning departments; 6. Dance licenses: fire and police departments; 7. Fire extinguisher service licenses: fire department; 8. Massage business, health salon, etc., licenses: building, fire, planning, police departments and health officer; 9. Merchant patrol and private detective licenses: police department; 10. Motor vehicle wreckers licenses: building, fire, planning and police departments; 11. Outdoor musical entertainment licenses: building, fire, planning and police departments; 12. Pawnbrokers/secondhand dealers licenses: police department; 13. Solicitor license: police department; 14. Tow truck business license: fire, planning and police departments. C. Notify any applicant of the acceptance or rejection of his application and shall, upon denial of any license state in writing the reasons therefor, the process for appeal and deliver them to the applicant. DI.A Page 24 of 75 D. Deny any application for license upon written findings that the granting would be detrimental to the public peace, health or welfare: 1. Whenever any such license is denied the applicant may within 15 days from date of action, file written notice of appeal to the appropriate committee of the city. Action of the appropriate committee of the city may be appealed 15 days from date of action to the full city council and action of the council shall be conclusive and not subject to review. 2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. (Ord. 5897 § 9, 2005; Ord. 4012 § 2, 1984.) 5.20.070 License – Revocation. A. Any license issued under the provisions of this chapter may be revoked by the city clerk and/or police chief and/or building official and/or fire chief for any reason if the further operation thereof would be detrimental to public peace, health or welfare, or the violation of any federal or state law or any ordinance or regulation of the city. The city clerk shall cause to be served upon such parties as may be deemed to be interested therein such reasonable notice as may be determined to be proper of intention to revoke such license. B. Where deemed necessary to prevent further detriment to public peace, health or welfare, or violation of any federal or state law or any city ordinance or regulation the police chief, fire chief or building official may immediately revoke any license issued under the provisions of this chapter. C. Whenever any such license is revoked, the licensee may within 15 days from date of action file written notice of appeal to the appropriate committee of the city. Action of the appropriate committee may be appealed within 15 days from date of action to the full city council and action of the council shall be conclusive and not subject to review. (Ord. 4012 § 2, 1984.) 8.24.040 Public display of fireworks. A. Every public display of fireworks shall be handled by a competent operator approved by the fire chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the fire chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the fire chief or his designee deny a permit for public display of fireworks, the applicant therefor shall have the right to appeal that denial to the appropriate Auburn city council committee, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for. B. A state pyrotechnics license is required for operators of a public display of fireworks. C. A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the DI.A Page 25 of 75 presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Auburn as an additional insured. D. Transportation and Storage. 1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site. 2. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry. 3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions. 4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flame-proof water-repellent canvas cover until emptied. 5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site. 6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site. E. Preparation of Site and Crowd Control. 1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed. 2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object. 3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter. 4. The firing and storage site shall be located not less than 200 feet from any building. 5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site. 6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations. F. Installation of Mortars. 1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed. 2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water. DI.A Page 26 of 75 3. Mortars shall be either buried securely into the ground to a depth of between two-thirds and three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing. 4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture. 5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar. 6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site. G. Operation of the Display. 1. The operator shall provide fire protection at the site as required by the fire chief or his designee. 2. Only permitted fireworks are authorized for use. 3. If, in the opinion of the fire chief or his authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected. 4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, his authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks. 5. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use. 6. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination. 7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted. 8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area. 9. The mortars shall be re-angled or reset if necessary at any time during the display. 10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions. 11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions. 12. Operators shall not dry a wet shell, lance, or pot for reuse. 13. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with DI.A Page 27 of 75 water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions. 14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning. 15. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire chief or his designee. 16. The debris from discharged fireworks shall be properly disposed of. H. The denial by the fire chief of a permit for the public display of fireworks may be appealed to the appropriate Auburn city council committee. (Ord. 5679 § 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.) 10.41.010 Restricted parking zones – Establishment. A. The city engineer upon approval by the municipal services committee is authorized to establish and remove restricted parking zones when, in the city engineer’s professional judgment, a restricted parking zone will reduce or eliminate a parking problem and the public interest will be served. B. Restricted parking zones may reserve on-street parking for the exclusive use of abutting properties and/or residents in a prescribed vicinity; vehicles used by their visitors; and service vehicles of persons having business in the street. They may also reserve on-street parking only during certain posted hours, allowing unrestricted parking at all other times. C. Application for parking permits shall be made on a form provided by the city of Auburn. Proof of residency of the owner or lessee of a vehicle must be presented when applying for a permit within the designated residential parking zone (RPZ). The address of vehicle registration and driver’s license must coincide with the residential address of the person requesting a permit. D. The city shall issue permits or other means of identification, maintain lists of vehicles used by residents, or adopt any other reasonable means of distinguishing vehicles that may validly be parked in any restricted parking zone from other vehicles. Restricted parking zones shall be appropriately signed and/or marked. Any vandalism or destruction of parking control signs shall not affect the validity of a restriction upon parking on any street segment designated by the city engineer if other signs or traffic control devices give notice that parking in the street segment is restricted. (Ord. 6267 § 1, 2009.) 10.64.020 Definitions. For the purposes of this chapter the following words shall have the meanings ascribed to them as follows: A. “Parade” is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in the city. B. “Parade permit” is a permit as required by this chapter. C. “Person” is any person, firm, partnership, association, corporation, company or organization of any kind. DI.A Page 28 of 75 D. “Public safety committee” is the public safety committee of the city council. (Ord. 3311 § 2, 1978.) 10.64.090 Appeal procedure. Any person aggrieved shall have the right to appeal the denial of a parade permit to the public safety committee. The appeal shall be taken within three days after notice of denial. The public safety committee shall act upon the appeal within seven days after its receipt. (Ord. 3713 § 6, 1981; Ord. 3311 § 7, 1978.) 10.64.120 Public conduct during parades. A. Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade. B. Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade, unless directed to do so by an Auburn police officer. C. Parking on Parade Route. The public safety committee shall have the authority, when reasonably necessary, to prohibit or restrict parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The public safety committee shall cause to be posted signs to such effect, and it is unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter. (Ord. 3311 § 11, 1978.) 12.04.010 Adoption of engineering construction standards and engineering design standards. A. Adopted – Engineering Construction Standards. The engineering construction standards include the following documents and manuals which are herein referred to as the “engineering construction standards” and are adopted by reference: 1. The Standard Plans (M21-01) for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation, the latest publication and amendments thereto, as determined appropriate for city infrastructure by the city engineer and for conformance with adopted city engineering design standards. 2. The Standard Specifications for Road, Bridge and Municipal Construction, the latest (English) edition publication and amendments thereto as issued by the Washington State Department of Transportation as supplemented and amended through special provisions by the city engineer for specific construction applications and for conformance with adopted city engineering design standards. 3. The City of Auburn Engineering Standard Details, a manual of specific plans or drawings developed and adopted by the city of Auburn department of public works which show frequently recurring components of work that have been standardized for repetitive use, as supplemented and amended by the city engineer for specific construction applications and for conformance with adopted city engineering design standards. DI.A Page 29 of 75 B. Adopted – Engineering Design Standards. The engineering design standards as approved by the public works committee, supplemented and amended by the city engineer for specific design applications to the extent authorized by the public works committee include the following documents and manuals which are herein referred to as the “engineering design standards” and are adopted by reference: 1. A manual of specific design requirements which shows frequently recurring public transportation and utility infrastructure standards. 2. The City of Auburn Surface Water Management Manual (SWMM) which is the 2008 City of Tacoma Surface Water Management Manual as amended for use in the city of Auburn. The SWMM is a manual of specific requirements related to storm drainage management. C. Adopted – Highway Access Management. Chapter 468-52 WAC, Highway Access Management – Access Control Classification System and Standards, and amendments thereto, with the exception of WAC 468-52-060 and 468-52-070, is adopted by reference with the following amendments: 1. All references to the “Department” shall be changed to “city of Auburn.” 2. All references to Chapter 468-51 WAC or sections thereof shall be changed to “City of Auburn Engineering Design Standards.” (Ord. 6283 § 1, 2009; Ord. 6258 § 1, 2009; Ord. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.) 12.04.050 Authorities for public infrastructure and right-of-way management. A. Develop and Publish City Engineering Standards. The city engineer or his/her designee shall develop, implement and publish engineering design standards manuals after review and approval by the public works committee. The city engineer or his/her designee shall develop, implement and publish engineering construction standards manuals and establish engineering standard construction practices for regulation of all work within the public way by all persons to include, but not be limited to, franchise public/private utilities and entities possessing a right-of-way agreement and/or permit to assure the public’s safety, welfare and interest is protected. B. Survey Record Controls. The city engineer or his/her designee shall develop office procedures for establishing horizontal and vertical control registration of existing and future development within the urban growth areas of the city. Procedures will utilize both city and private development record drawings and survey efforts to continue to maintain an accurate current database for future reference. The city will provide the most current benchmark geodetic survey data to new developers and for city construction projects at the administrative cost of providing the service, and require in exchange, at no cost to the city, the developer and/or city project sponsors to provide equal quality record drawings in AutoCAD drawing file format at completion of the development and/or city project to update records reflecting survey controls of the new development and/or city infrastructure. C. Subdivision Records. The city engineer or his/her designee shall develop office procedures for the safekeeping of record drawings of all recorded plats and short plats. D. Management of Record Drawings. The city engineer or his/her designee shall develop office procedures for the safekeeping of record drawings of all public DI.A Page 30 of 75 transportation, water, sanitary sewer, and storm drainage infrastructure as defined in ACC 13.40.010. E. Management of Right-of-Way and Easements. The city engineer or his/her designee shall develop office procedures for the safekeeping of record drawings of all public right-of-way, public access easements, city utility easements, cross drainage easements, and public facilities developed and dedicated to the city. The acquisition of real property and relocation of inhabitants required for the completion of city projects shall be pursuant to ACC 2.03.030 and Chapter 3.10 ACC. The city engineer may accept easements granted to the city as part of an approved development project for city utilities, drainage, slope protection, public access, and right-of-way, and may also accept public facility extensions that are not dedicated through plats and short plats. After review by the public works committee, the city engineer may execute a release or partial release of any city utility, drainage, temporary road, or slope protection easements that are not needed or are no longer needed for city purposes. All other city-held easements shall be released only by city council action, and public right-of-way easements shall be subject to the vacation provisions set forth in Chapter 12.48 ACC, and in accordance with Chapter 35.79 RCW. (Ord. 6312 § 1, 2010; Ord. 6265 § 2, 2009; Ord. 6258 § 1, 2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.) 12.20.050 Width. Unless deviation is granted by the public works committee of the city council, the widths shall be in conformance with the city of Auburn design and construction standards and the city of Auburn construction details. (Ord. 5143 § 1, 1998; Ord. 3866 § 2, 1983; Or. 2980 § 1, 1976; 1957 code § 8.14.040.) 12.32.020 Prohibitions. It is unlawful for any person, firm or corporation, or for any agent, representative, servant or employee thereof, to deposit, place, erect or maintain, or cause to be deposited, placed, erected or maintained, upon any sidewalk located in any public street, alley or place of the city, or upon any portion of such sidewalk, any bench, chair, rack, stand, structure, sign, merchandise or other object, except as approved by the street committee, or to place, erect or maintain, or cause to be placed, erected or maintained, over such sidewalk, or over any portion of such sidewalk, any structure, sign or other object at such height or in such manner as to prevent or interfere with the free and unobstructed use of all of such sidewalk by pedestrians. (1957 code § 8.18.020.) 12.60.040 Type B short-term permit. A. Type B is a short-term permit for uses of less than 30 days. B. Type B permit uses include, but are not limited to, right-of-way closures for sidewalk sales, rallies, block parties, or other similar events. C. In the event a Type B permit involves a street, sidewalk, or parking closure, additional fees are required per the city of Auburn fee schedule. DI.A Page 31 of 75 D. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require public works committee approval. E. Applicant shall be an individual or organization that does not discriminate in regard to race, religion, color, gender, national origin, creed, age, marital status, veteran status, disability status, or any other basis prohibited by federal, state, or local law. (Ord. 6125 § 1, 2007; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.) 12.60.050 Type C long-term permit. A. Type C is a long-term permit for uses of 30 days to five years. B. Type C permit uses include, but are not limited to, installation of groundwater monitoring wells, landscaping, fences, awnings, underground storage tanks, bus shelters, underground or overhead facilities such as fiber optic cables or utility vaults except when a franchise or public way agreement applies, use of the right- of-way to paint or repair a building or to stage for construction, sidewalk cafes, and sidewalk vending units. C. In the event a Type C permit involves a street, sidewalk, or parking closure, additional fees are required per the city of Auburn fee schedule. D. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require public works committee approval. E. Applicant shall be an individual or organization that does not discriminate in regard to race, religion, color, gender, national origin, creed, age, marital status, veteran status, disability status, or any other basis prohibited by federal, state, or local law. (Ord. 6125 § 1, 2007.) 12.60.070 Right-of-way use permit term, extension, renewal and termination. A. No permit term shall exceed five years unless it has been approved by the full council. B. The city has authority to grant a single 30-day extension to the applicant upon receipt of a written request, absent any known reasons for denial. Extensions of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require public works committee approval. C. Once a permit has expired or been revoked, the applicant must apply for a new permit. No permit shall be automatically renewed. D. All right-of-way use permits are wholly of a temporary nature, and vest no permanent rights whatsoever. E. Right-of-way use permits are approved for the location and applicant listed on the permit and cannot be transferred for another location or for another applicant unless first approved by the city. F. The city shall have the authority to restrict, suspend, or revoke a permit upon 30 days' notice; provided, however, the city shall have the authority to immediately suspend or revoke a permit without such notice in situations that present, in the city's determination, a health or safety hazard or constitute a public nuisance. The grounds for restricting, suspending, or revoking a right-of-way use permit shall include, but not be limited to: DI.A Page 32 of 75 1. Any other license or permit that the applicant is required to have for the same use as the right-of-way use permit is not acquired or is suspended, revoked, or canceled. 2. The applicant has violated or failed to meet any of the provisions of this chapter or is in violation of any other ordinances or regulations of the city relating to the use by the applicant for which the permit is applied for or issued. 3. The applicant has failed to meet the conditions of the permit. 4. The use for which the permit was approved has changed. 5. The permit was procured by fraud or misrepresentation of fact or was issued in error or on the basis of incorrect information supplied to the city. 6. The abutting property owner or legal representative withdraws consent in writing for a sidewalk vending unit. (Ord. 6125 § 1, 2007.) 14.18.030 Public hearing. A. Upon determination of a complete application for development, other than an individual single-family home, the director shall tentatively set a date for a public hearing to be held before the planning and development committee. Every hearing held for the purposes of this chapter shall be open to the public, and a record of the hearing shall be kept and made available for public inspection. B. Any notice of public hearing required by this section shall include the hour, date and location of the hearing and a description of the property. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. C. The planning director shall cause notice of the hearing to be given in the following manner: 1. Notice shall be published not less than 10 days prior to the hearing in a newspaper of general circulation within the county where the real property is located; 2. Requiring the subject property posted in accordance with the applicable requirements of Chapter 1.27 ACC. (Ord. 6287 § 2, 2010; Ord. 5811 § 3, 2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.) 14.18.050 Planning and development committee. The planning and development committee, following the closure of the public hearing, shall recommend to the city council that the city sign a development agreement with the applicant or to not sign a development agreement with the applicant. The planning and development committee shall not recommend approval of the development agreement unless it finds the proposal is in conformance with the findings of fact as outlined in ACC 14.18.070(A). (Ord. 6287 § 2, 2010; Ord. 4872 § 1, 1996.) 14.18.060 City council review. A. Upon receipt of the planning and development committee’s recommendation, the city council shall, at its next public meeting, approve, remand the recommendation to the committee or schedule a closed record hearing. Any aggrieved person may request the council to conduct its own closed record hearing. The council can only amend or reject the committee’s recommendation. DI.A Page 33 of 75 B. If the council holds its own closed record hearing on a proposed development agreement, the council shall consider the findings, conclusions and recommendations of the planning and development committee public hearing. After conducting its own closed record hearing the council may approve, approve with conditions, reject or return the application to the applicant for corrections or modifications. C. When the council makes its decision on the development agreement, it shall pass a resolution prepared by the city attorney. A resolution prepared under this subsection shall include formal findings of fact and conclusions supporting the decision. If the development meets all city development standards, the findings shall affirm that the development conforms with all applicable city development standards. If the development agreement allows modifications from some city standards, the modifications shall be specified in the resolution. (Ord. 6287 § 2, 2010; Ord. 5785 § 1, 2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.) 14.22.040 Definitions. A. “Amendment” means any change in the wording, context or substance of the comprehensive plan or a change to the comprehensive land use map or any other map contained or referenced within any plan chapter or element. B. “Area-wide map amendment” means an amendment to the comprehensive land use map involving four or more contiguous or adjacent parcels under different ownership that would be similarly affected by a proposed map amendment. C. “City-initiated planning program” means a planning program begun by resolution of the city council, any city council committee, or the planning commission, addressing a geographic sub-area of the city’s urban growth area (such as a special area plan) or addressing a specific functional area (such as a utility plan). D. “Director” means the director of the department of planning and development or his/her designee. E. “Docket” means a list of suggested amendments to the comprehensive plan maintained by the director. F. “Planning commission” is an appointed group serving in an advisory capacity to the city council as specified in Chapter 2.45 ACC. (Ord. 6287 § 2, 2010; Ord. 6172 § 1, 2008.) 14.22.080 Docketing. A. In accordance with RCW 36.70A.470, suggested changes to the comprehensive plan which are not specific to any site may be submitted by any individual, organization or general or special purpose government and shall be coordinated by the director. The director shall create appropriate forms for such submittals that require the submittal to address the criteria outlined in subsection C of this section. The list shall be known as the “docket” and is the means to suggest a change or identify a deficiency in the comprehensive plan. An item may be submitted to the docket at any time during the calendar year. There is no fee associated with submitting an item to the docket. DI.A Page 34 of 75 B. Annually, the director shall review such suggestions with the city council or committee thereof and determine whether to direct them to the planning commission for consideration. The city council or committee thereof may decline to consider any item from the docket. C. Proposed amendments on the docket may be considered appropriate for action if the following criteria are met: 1. A proposed comprehensive plan text amendment addresses a matter appropriate for inclusion in the plan; 2. The proposal demonstrates a strong potential to serve the public interest by implementing specifically identified goals and policies of the plan; 3. The proposal addresses the interests and changed needs of the entire city as identified in the plan; 4. The proposal does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the city council; 5. The proposal can be reasonably reviewed and evaluated, given existing staff and budget resources; and 6. The proposal has not been voted on by the city council in the last three years. This time limit may be waived by the city council if it is demonstrated that there exists either an obvious technical error or a change in circumstances that justifies the need for the amendment. D. Any item on the docket that is not determined to be appropriate for action may be proposed under ACC 14.22.090, provided it is timely and properly filed. (Ord. 6172 § 1, 2008.) 14.22.090 Proposals for amendments. A. Privately Initiated Amendments. A proposed amendment to the comprehensive plan, other than docketing pursuant to ACC 14.22.080, may be submitted by any individual, organization, corporation or partnership; general or special purpose government other than the city; or entity of any kind; provided, that if the proposal involves specific real property, the property owner has provided written consent to the proposal. B. City-Initiated Amendments. The city council or committee thereof or the planning commission may initiate a planning program or any type of amendment to the comprehensive plan, regardless of whether site-specific or area-wide in scope. C. Application. Except for city-initiated planning programs or individual amendments, all proposed amendments shall be submitted to the director on an approved form, together with required filing fees. An environmental checklist shall also be submitted if required. A proposed amendment request shall include the following information: 1. Name, address, phone number and e-mail address of the applicant and contact person and written consent of the property owner if the proposal affects specific property; 2. If the amendment concerns specific property, both a general description and legal description of the property; 3. A description of the plan amendment being requested; DI.A Page 35 of 75 4. Written statements addressing the purpose of the amendment, why it is being requested, and how it is consistent with the criteria listed in ACC 14.22.110; 5. If the request is for an amendment to the comprehensive land use map, an indication of what concurrent change in zoning is also being requested. D. Department Report. The director shall prepare an assessment and recommendation on all proposed amendment requests and include this within a report that evaluates all requests concurrently. (Ord. 6172 § 1, 2008.) 16.08.020 Definitions. As used in this chapter: A. "Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) and state departmental regulations pursuant thereto, including any amendments thereto. B. "Committee" means the planning and development committee of the city council. C. "Definitions by reference" means the definitions and concepts set forth in Chapter 6 of the Auburn shoreline master program attached to the ordinance codified in this chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173- 27-030 and 173-27-250) adopted pursuant thereto which shall also apply as used in this chapter as they would pertain to shorelines within the city limits. D. "Director" means the director of the department of planning and development of the city, or his duly authorized designee. (Ord. 6287 § 2, 2010; Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.) 17.02.090 Amendments. A. Initiation of Amendments. 1. The city council, or the planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that no public hearing is required for a purely administrative or procedural amendment of any portion of this title; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. B. Public Hearing and Notice. 1. With the exception of purely administrative or procedural amendments, the planning director shall schedule a public hearing to be held before the planning commission for any proposal to amend this title or to adopt or repeal any ordinance under the authority established by Chapter 58.17 RCW. The director shall cause notice of such hearing to be given as follows: a. By sending to any individual or organization which has submitted a request for notification a notice indicating the time and place of public hearing, describing the general nature of the proposal, and indicating how copies of the proposed ordinance or amendment can be obtained; and DI.A Page 36 of 75 b. By publishing in a newspaper of general circulation in the area a notice indicating the time and place of public hearing, describing the general nature of the proposal, and indicating how copies of the proposed ordinance or amendment may be obtained. 2. For all proposals to make purely administrative or procedural amendments to this title, the planning director shall cause notice of such proposed amendment to be given as follows: a. By sending to any individual or organization which has submitted a request for notification advance notice of the proposed amendment that indicates how copies of the proposed amendment can be obtained. b. By publishing in a newspaper of general circulation in the area advance notice of the proposed amendment that indicates how copies of the proposed amendment can be obtained. 3. For the purposes of this section, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: substantive matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development), and procedural or administrative matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, procedural or administrative matters are the mechanical rules by which substantive issues may be pursued). C. Planning Commission Recommendation. After the public hearing has been closed, the planning commission shall recommend to the council either adoption, adoption with modifications, or rejection of the proposed ordinance or amendment. In formulating its recommendation, the commission shall consider, among other things, the relationship between the proposed ordinance or amendment and the comprehensive plan, other applicable city policies, and other existing land use controls. D. City Council Action. The planning director shall forward the planning commission’s recommendation, in writing, to the council. The council may elect to hold its own public hearing, either before the full council or before a council committee, in which case the city clerk shall cause adequate notice to be given. The council shall consider, but shall not be bound by, the planning commission’s recommendation in reaching its own decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.) 18.08.090 Amendments. Amendments to this chapter may be initiated by the city, the proponent, or the proponent’s successor, and shall occur as follows: A. The planning director or public works director, in their area of responsibility, may interpret the words and meaning of certain conditions in order to resolve conflicts in implementation. All words in the ordinance codified in this chapter shall carry their customary and ordinary meaning. B. If changes to the language of the ordinance codified in this chapter are required, such proposed changes shall be reviewed by the planning and development committee of the city council, or its successor. DI.A Page 37 of 75 If the change is minor, then the committee shall make a recommendation to the city council. If the change is major, the committee shall refer the change to the hearing examiner. For major changes the examiner shall conduct a public hearing and make a recommendation to the city council. (Ord. 6382 § 2, 2011.) 18.29.070 Design standards. Adopted by reference are the "Downtown Auburn Design Standards" and the "Auburn Junction Design Standards," a copy of which shall be maintained by the city clerk. These documents contain standards for development of the built environment in the DUC zone. The director shall have the authority to apply the standards to specific development proposals. These standards may be amended upon approval by the planning and community development committee of the Auburn city council. (Ord. 6419 § 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.) 18.68.020 Initiation of amendments. A. Zoning Map. 1. One or more property owners of the parcel may submit an application requesting a reclassification of the parcel; 2. The city council, or planning and development committee of the city council, upon its own motion may request the planning commission or hearing examiner to conduct a public hearing on the reclassification of a parcel or parcels of property; 3. The planning commission may upon its own motion call for a public hearing on the reclassification of a parcel or parcels of property. B. Text. 1. The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. C. For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: "Substantive" matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and "procedural" or "administrative" matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, "procedural" or "administrative" matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.) DI.A Page 38 of 75 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council, who may or may not conduct a public hearing. B. Zoning Map Amendments. 1. Rezones Initiated by an Applicant Other Than City. All applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 2.46.170; b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then a comprehensive plan amendment must be approved by the city council prior to the rezone being scheduled for a public hearing in front of the hearing examiner. The planning commission shall conduct a public hearing on the comprehensive plan amendment and make a recommendation to the city council. 2. Areawide Zoning and Rezoning, Initiated by the City. The planning commission shall conduct a public hearing and make a recommendation to the city council. If applicable, a comprehensive plan amendment may also be processed. C. City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6442 § 26, 2012; Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) 18.76.080 Public infrastructure requirements. The applicant for the PUD must provide all necessary public facilities to include, as a minimum, the following: A. Dedication of Public Utilities. Public utilities being provided by the city must be dedicated to the city unless allowed to be private by the city. B. Water, Sewer and Drainage Facilities. All water, sanitary sewer and drainage facilities must be constructed and installed in accordance with applicable city codes and standards, including design criteria, construction specifications, operational criteria, and approved engineering submittals. C. Underground Facilities. All public utilities must be placed underground except those that by their nature must be on or above ground, such as streets, fire hydrants, power vaults, telephone pedestals and open watercourses. The applicant is responsible for making the necessary arrangements with the appropriate entities for the installation of such services. D. Streets. 1. All streets must be constructed to the city’s standards. Variations from minimum standards for pavement and right-of-way widths or other dimensional or construction standards may be permitted when special design features of the PUD or DI.A Page 39 of 75 topographic considerations warrant the variation. The applicant must submit a written justification for any proposed variation along with evidence that the minimal functional requirements of the proposed street improvements are being met. The city engineer shall review the proposed variation and shall determine if the minimal functional requirements are being met and shall make a recommendation to the council public works committee whether the variation should be approved. The public works committee shall act upon the request and may require conditions of approval to ensure the minimal functional requirements are being met. 2. Private streets may be permitted within the PUD provided they meet the following criteria: a. Use of the private street is limited to those accessing property within the planning area or immediately adjacent to the planning area and is not needed by non- PUD residents to travel from one public street to another. The design of the private street shall be such that it will discourage any through traffic that is not related to the planning area itself. b. The minimum pavement width for private streets shall be 28 feet; provided, that on-street parking is allowed only on one side of the street or 20 feet for alleys. The roadway section pavement depth for asphalt, crushed rock, and gravel base and the material specifications of these materials shall be the same as Auburn standards for public streets. Additional width may be required if determined to be needed to provide adequate circulation for the residents of the PUD. Factors to be considered include but are not limited to providing emergency equipment access, preventing conflicts between pedestrians and vehicle traffic, on-street parking, number of units, the need for sidewalks and bike paths. The pavement width and construction standards, to include but not limited to illumination, signing, storm drainage, curbs, gutters, channelization, e.g., shall be determined by the city engineer at the time of preliminary plat or site plan approval. Private streets and/or access tracts and shared driveways that provide a second or additional access to lots/units shall be constructed to standards, as determined by the city engineer, considered to be appropriate for the situation. Factors to be considered include the number of units served, emergency access and traffic circulation. c. All sites served by a private street greater than 600 feet in length shall have at least two access connections to a public street and provide for adequate emergency equipment access. d. A legally incorporated property owners’ association assumes the responsibility and cost to repair and maintain the proposed private streets. If the association fails to maintain the street, the by-laws of the association give the city the right to maintain the street and charge the cost of the maintenance, including any administrative costs, to the association members. e. The by-laws establishing the association must state that if future owners should request that private streets be changed to public streets, then the owners fully agree that, before acceptance of such streets by the city, the owners will bear full expense of reconstruction or any other action necessary to make the streets substantially consistent to the requirements of public streets, applicable at that time. (Ord. 5092 § 1, 1998.) DI.A Page 40 of 75 18.46A.070 General and specific temporary use permits. A. General Type I Temporary Use Permits. In accordance with ACC 18.46A.030, the planning director or designee may approve the following general Type I temporary uses and structures: 1. For all zoning districts: a. Temporary use of land to conduct nonprofit events of up to six calendar days or less, where the events are of a kind not typically used by the sponsor at the location or site of the event; b. Temporary parking facilities for private uses for four weeks or less per year; c. Temporary fencing for public or private uses for four weeks or less per year; d. Temporary use of privately owned property for temporary offices, construction trailers, materials storage, equipment storage or vehicle parking essential to and only in conjunction with the construction or building of public buildings, structures, road, or utility improvements. 2. For residential zoning districts: a. Temporary modular sales and leasing offices for on-site residential development properties; b. Placement of tents, canopies, or membrane structures for zero to two weeks per year that meet setbacks of the underlying zone; c. Placement of portable moving and storage containers for no greater than three weeks per year; d. On-site temporary caretaker trailers for private or nonprofit residential construction; e. On-site temporary construction trailers and offices and storage areas for construction materials and equipment for private or nonprofit residential construction; f. Special events such as a community block party, neighborhood parade or similar event involving multiple properties and causing temporary impacts to public rights-of-way or potential increased need for public services. 3. For nonresidential zoning districts: a. Commercial carnivals, circuses and shows; b. Temporary sales and leasing offices for on-site commercial or industrial development properties; c. On-site temporary construction trailers and offices and storage areas for construction materials and equipment for commercial, industrial or institutional construction; d. On-site temporary caretaker trailers for commercial, industrial or institutional construction sites; e. Temporary changes of uses and associated temporary structures for four weeks or less per year; f. Temporary mobile sales for the sale of plants, flowers, books, crafts, produce, beverages, food, and other similar items in a single location for no more than two hours per day; g. Placement of commercial storage containers for no more than three weeks per year; DI.A Page 41 of 75 h. Special events such as a weekend sales event or outdoor concert causing temporary impacts to public rights-of-way or potential increased need for public services; i. Holiday-related seasonal sales lots along with their associated temporary structures subject to compliance with the following: i. Applicant demonstrates written proof of property owner permission for use of the subject property; ii. Adequate off-street parking is provided; iii. The use will not interfere with adequate vision clearance, as governed by the city of Auburn engineering design standards, as amended; iv. The use will not obstruct pedestrian access on public rights-of-way; v. Signage shall comply with the city’s signage regulations; vi. Compliance to conditions required by the building official and fire marshal for minimum building, fire and life safety codes; vii. Adequate provisions for trash disposal and sanitary facilities are provided. j. Agricultural seasonal sale of produce subject to compliance with the following: I. Demonstrates written proof of property owner permission for use of the subject property; ii. Adequate off-street parking is provided; iii. The use will not interfere with adequate vision clearance, as governed by the city of Auburn engineering design standards, as amended; iv. The use will not obstruct pedestrian access on public rights-of-way; v. Signage shall comply with the city’s signage regulations; vi. Compliance to conditions required by the building official and fire marshal for minimum building, fire and life safety codes; vii. Adequate provisions for trash disposal and sanitary facilities are provided. B. General Type II Temporary Use Permits. In accordance with ACC 18.46A.030, the planning director or designee may approve the following general Type II temporary uses and structures: 1. For all zoning districts: a. Temporary use of land in order to conduct a nonprofit event for seven calendar days or more in any such event; b. Temporary storage of buildings and structures not permanently affixed or constructed or otherwise permanently situated on a property; c. Temporary parking facilities for private uses for greater than four weeks per year; d. Temporary fencing for public or private uses for greater than four weeks per year. 2. For residential zoning districts: a. Placement of tents, canopies, or membrane structures for greater than two weeks per year that meet setbacks of the underlying zone; b. Placement of personal use storage containers for greater than three weeks but no more than 12 weeks per year; c. Off-site temporary construction trailers and offices and storage areas for construction materials and equipment for residential construction; DI.A Page 42 of 75 d. Temporary use of the following equipment on private property essential to and only in conjunction with the construction or building by the city, another public agency or a private party of a road, bridge, ramp, dock, and/or jetty in proximity to the approved construction site: i. Portable asphalt or concrete mixing plants; ii. Portable concrete batching plants; ii. Portable rock crushing plants; iv. Accessory equipment essential to the use of the aforementioned plants. 3. For nonresidential zoning districts: a. Off-site temporary construction trailers and offices and storage areas for construction materials and equipment for commercial, industrial or institutional construction; b. Temporary mobile sales for the sale of plants, flowers, books, crafts, produce, beverages, food, and other similar items in a single location for more than two hours per day; c. Temporary changes of uses and associated temporary structures for more than four weeks per year; d. Temporary trailer or prefabricated building. The planning director or designee may approve, approve with conditions or deny a temporary trailer or prefabricated building for use on any real commercial or industrial zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, providing that the applicant demonstrates compliance with the following criteria in addition to the approval criteria specified in ACC 18.46A.080: i. The temporary structure shall be located within the boundaries of the parcel of land on which it is located; ii. The temporary structure is in conformance with all applicable building and fire codes; iii. The property to be used for a temporary structure shall already be developed; iv. There exists adequate and safe ingress and egress when combined with the other uses of the property; v. There exists adequate sight distance; vi. There exists adequate parking for the customers or users of the temporary use in conformance with the city’s parking standards, as applicable; vii. The use will pose no hazard to pedestrians in the area of the use; viii. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses in accordance with the provisions of ACC 18.31.180; ix. The use can adequately be served by sewer or septic system and water, if applicable; and x. The length of time that the temporary building will be used is the maximum needed to address the hardship but no longer than one year, unless otherwise extended by the planning director or designee. C. Specific Type I Temporary Use Permit – Temporary Gravel Parking Facilities. DI.A Page 43 of 75 1. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type I temporary use permit for a temporary gravel parking facility that serves municipal purposes. The planning director or designee may issue a temporary use permit for a period up to 12 months if the planning director or designee finds it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080: a. The use will not result in significant drainage or other adverse impacts; b. The gravel parking area is not required for the purposes of meeting the current minimum off-street parking requirements. 2. The planning director or designee may grant additional extensions to the initial 12-month validity period if he/she finds that such extension is warranted and that the temporary use is still in compliance with all applicable approval criteria. D. Specific Type I Temporary Use Permit – Site Specific Unforeseen/Emergency Situations. 1. In accordance with ACC 18.46A.030, the planning director or designee may approve, approve with conditions or deny a request for approval of an unforeseen/emergency situation(s) for a residential, commercial, industrial or institutional building if the planning director or designee finds it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080: a. The need for the use is the direct result of a casualty loss resulting from damage or destruction by the elements, including but not limited to earthquake or fire or windstorm or flood, or by human cause of a structure or facility previously occupied on the premises for which the permit is sought; b. There exists adequate and safe vehicular ingress and egress when combined with the other uses of the property; c. There exists adequate off-street or shared parking for the temporary use; d. The use will pose no hazard to pedestrians in the area of the use; e. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect adjoining use, pursuant to ACC 18.31.180 and 18.46A.090; f. The use can be adequately served by sewer or septic system and water, if applicable; g. The length of time that the temporary building will be used is the maximum needed to address the hardship but no longer than one year, unless otherwise extended by the planning director or designee. E. Specific Type II Temporary Use Permit – Transitional Uses. 1. Existing agricultural and associated uses, which are not permitted outright, may continue provided there are no new structures built in excess of 2,000 square feet, or the use is expanded five acres or less, unless a temporary use permit is issued. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type II temporary use permit if he/she finds it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080: a. The use must be compatible or sufficient mitigating measures available to make it compatible with adjacent permitted uses; b. The use cannot be a detriment to adjacent permitted uses; c. The use will not result in significant adverse impacts to the area. DI.A Page 44 of 75 2. The planning director or designee may establish a longer validity period than that specified in ACC 18.46A.100 for a temporary use permit for the transitional uses specified herein. 3. Upon encroachment of permitted uses into the area authorized for a transitional use under a temporary use permit, the planning director or designee may review the temporary use permit to determine if such use is no longer compatible with the permitted uses and should be abated. F. Specific 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 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; 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 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. 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 filed 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; DI.A Page 45 of 75 ii. Hand washing stations by the toilets and by the food areas; 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 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. 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. 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. DI.A Page 46 of 75 e. The sponsoring agency 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 sponsoring agency 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. 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. g. The sponsoring agency 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 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 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. DI.A Page 47 of 75 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 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. 6287 § 2, 2010; Ord. 6268 § 2, 2009.) 20.04.030 Notice of complete application and scheduling of public hearing. A. Within 30 calendar days after receipt of the public way agreement application, the city will complete review of the application to determine whether the application contains sufficient information as outlined in ACC 20.04.020 to proceed with processing. If during the 30-calendar-day review period, the city engineer determines that the application is incomplete, the city engineer will issue a letter to the applicant specifying the additional information necessary to complete the application. The applicant will be given 30 calendar days to respond to the request for additional information. Once the additional information is received by the city, an additional 14 calendar days will be allowed to determine whether the application is complete. Once the application is determined complete, written notice will be provided following the procedure outlined in this subsection. If the applicant needs additional time to respond, the applicant may request up to an additional 30 calendar days. If a response is not timely received, the application will be returned to the applicant with a notice that the application is rejected due to failure to provide the required information. Any new applications will require a new application fee. B. When satisfied that the application is complete, the city engineer will notify the applicant in writing that the application is complete and inform the applicant of the schedule for consideration by the public works committee. If the public works committee determines that the application merits a separate public hearing, it shall recommend to the city council that it schedule a public hearing. The city clerk will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) 20.06.030 Notice of complete application and scheduling of public hearing. A. Notice of Complete Application. Within 30 calendar days after receipt of the franchise application, the city will complete review of the application to determine whether the application contains sufficient information as outlined in ACC 20.06.020 to DI.A Page 48 of 75 proceed with processing. If during the 30-calendar-day review period, the city engineer determines that the application is incomplete, the city engineer will issue a letter to the applicant specifying the additional information necessary to complete the application. The applicant will be given 30 calendar days to respond. Once the additional information is received by the city, an additional 14 calendar days will be allowed to determine whether the application is complete. Once the application is determined complete, written notice will be provided. If the applicant needs additional time to respond the applicant may request up to an additional 30 calendar days. If a response is not timely received, the application will be returned to the applicant with a notice that the application is rejected due to failure to provide the required information. Any new applications will require a new application fee. B. Scheduling of Public Hearing. When satisfied that the application is complete, the city engineer will notify the applicant in writing that the application is complete and inform the applicant of the schedule for consideration by the public works committee. The public works committee shall review the proposal to include the planned use of the public ways and recommend any modifications required prior to recommending setting the public hearing by the city council. Once satisfied as to the terms of the negotiated draft franchise agreement, the public works committee shall recommend that the city council set the date for the public hearing. The city council will schedule the hearing and the city clerk will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) 20.08.030 Notice of complete application and scheduling of public hearing. A. Within 30 calendar days the city will complete an initial review of the application to determine whether the application contains sufficient information as outlined in ACC 20.08.020 to proceed with processing. Once satisfied that the proposal is clear, the mayor will appoint a negotiation team to meet with the applicant and determine whether additional information is needed. The team shall as a minimum consist of the finance director, a legal representative, and the department director affiliated with the property being considered for lease. If during the 30-calendar-day review period, the application is deemed incomplete, the city will issue a letter to the applicant specifying the additional information necessary in order to proceed with processing. The applicant will be given 30 calendar days to respond. Once the additional information is received by the city, an additional 14 calendar days will be allowed to determine whether the application is complete. Once the application is determined complete, written notice will be provided. If a response is not timely received, the application will be returned to the applicant with a notice that the application is rejected due to failure to provide the required information. Any new applications will require a new application fee. B. When satisfied that the application is complete, the finance director will issue a letter of completeness and notifying the applicant of the schedule the issue will be considered by the appropriate council committee. The appropriate committee will give initial considerations to the negotiation team to facilitate completion of a negotiated draft lease agreement. Once the team returns to the committee with a draft lease agreement, the committee will determine if the issues merit a separate public hearing, and recommend to the city council whether a public hearing should be held. The city DI.A Page 49 of 75 council will schedule the hearing and the city clerk will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) DI.A Page 50 of 75 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 OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS 8 SECTION 5 - PRESIDING OFFICER - DUTIES 8 SECTION 6 - COUNCILMEMBERS 9 SECTION 7 - DEBATES 10 SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS 11 SECTION 9 - VOTING 13 SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 14 SECTION 11 - PUBLIC HEARINGS AND APPEALS 14 SECTION 12 - DEPUTY MAYOR SELECTION PROCESS 15 SECTION 13 - COUNCIL POSITION VACANCY 16 SECTION 14 - COUNCIL MEETING STAFFING 16 SECTION 15 - COUNCIL RELATIONS WITH STAFF 16 SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 17 SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 21 SECTION 18 - TRAVEL AUTHORIZATION 24 SECTION 19 - CONFIDENTIALITY 24 SECTION 20 – ENFORCEMENT OF RULES OF PROCEDURE 24 DI.A Page 51 of 75 Page 2 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON SECTION 1 - AUTHORITY The Auburn City Council hereby establishes the following rules for the conduct of Council meetings, proceedings and business. These rules shall be in effect upon adoption by resolution of Council and until such time as they are amended or new rules are adopted in the manner provided by these rules. SECTION 2 - COUNCIL MEETINGS All meetings of the City Council shall be open to the public and all persons shall be permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30. The City Clerk shall be responsible for preparing agendas for all City Council meetings pursuant to the authority of Section 2.03.100 of the City Code1. The City Clerk shall cause to be prepared action minutes of all of the Council meetings, which minutes shall 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 - In accordance with Sections 2.06.010 and 2.06.020 of the City Code, the regular meetings of the City Council shall held on the first and third Mondays of every month at in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington. The regular meeting location may be changed by a majority vote of the City Council. Regular Council meetings will begin at the hour of 7:30 p.m. A quorum shall constitute four or more Councilmembers for the transaction of business. 1 2.03.100 Meeting coordination duties. The mayor or the mayor’s designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues appropriate for consideration by the council and the various boards, commissions and committees of the city. The mayor or the mayor’s designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 5761 § 1, 2003.) DI.A Page 52 of 75 Page 3 In the event that a scheduled Council meeting falls on a legal holiday, the meeting shall be held at 7:30 p.m. on the first business day following the holiday. The Presiding Officer shall be as set forth in Section 5.1 herein. The Presiding Officer shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the Presiding Officer’s immediate left. When the Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the Deputy Mayor shall be seated in the center of the dais. The seating arrangement for the other members of the Council shall be as directed by the Council Operations Committee. [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 Special Meetings - In accordance with Section 2.06.040 of the City Code and Section 35A.12.110 RCW, 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; provided, however, that 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 such meeting has been given by such notice to the local press, radio and television as will be reasonably calculated to inform the city's inhabitants of the meeting. [See ACC 2.06.040 (1957 code § 1.04.070).] 2.3 Emergency Meetings - Emergency meetings may be called by the Mayor, in accordance with Section 42.30.070 RCW, when by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by the City Council to meet the emergency, in which case, the meeting site notice requirements otherwise applicable shall not apply. 2.4 Executive Sessions - A Council meeting that is closed except to the Council, the Mayor, City Attorney and authorized staff members and/or consultants authorized by the Mayor. The public is restricted from attendance. Executive sessions may be held during Regular and Special meetings of the City Council and during Council Committee meetings, and will be announced by the Presiding Officer. Executive session subjects are limited to considering such matters as permitted by State law. [See former ACC 2.06.070 (1957 code § 1.04.080).] DI.A Page 53 of 75 Page 4 2.5 Cancellation of Meetings - Meetings may be canceled by a majority vote of the Council and proper notice given by the City Clerk. SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA All items to be included on the Council’s agenda for consideration should be submitted to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council meeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or his/her designee. A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting. The agenda format of the Regular City Council meeting shall be as follows: 3.1 Call to order. The Presiding Officer shall call the meeting to order. 3.2 Roll call. The City Clerk will call the roll. Councilmembers may request to be excused from a meeting by requesting the same of the Mayor in advance of the meeting. The reason for the request shall be given at the time of the request. 3.3 Flag salute. The Presiding Officer, Councilmembers and, at times, invited guests will lead the flag salute. 3.4 Announcements, Proclamations and Presentations A proclamation is defined as an official announcement made by the Presiding Officer or the City Council regarding a non-controversial event, activity or special interest group which has a major city-wide impact. 3.5. 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. 3.6 Agenda modifications Changes to the Council’s published agenda are announced at this time. DI.A Page 54 of 75 Page 5 3.7 Public Hearings and Appeals Individuals may comment on public hearing and appeal items, provided that when an appeal is a closed record appeal, the matter shall be considered based on information, evidence and documents in the record. Argument on the appeal shall refer only to matters, information, documents and evidence presented at the underlying hearing from which the appeal is taken, and no new information, evidence or documents may be added, and argument on the appeal may only deal with information, evidence and documents in the record. The Presiding Officer will state the public hearing and/or appeal procedures before each hearing. 3.8 Audience Participation Members of the audience may comment on items relating to any matter related to City business under the Audience Participation period. Comments are limited to three (3) minutes per person, and a total of fifteen (15) minutes per topic. Groups who have a designated speaker may have a total of ten (10) minutes to speak. Public comments sign-up forms will be available at the City Clerk’s desk at each meeting for use of those citizens wishing to address the Council. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the Presiding Officer. Citizens may also speak on individual agenda items on the printed agenda at the time they are considered by the Council as requested by the Presiding Officer. 3.9 Correspondence 3.10 Council Committee Reports Council Committee Chairs report on action and activities of their respective Council Committees. In giving Committee Reports, the Chair or other committee member giving the Report is encouraged to defer detailed reporting regarding resolutions and ordinances that are on the current Council agenda. Then, during discussion on a motion, the Chair or other committee member is encouraged to give a description of the intention, or process of consideration of the ordinance or resolution. 3.11 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. DI.A Page 55 of 75 Page 6 A. Approval of minutes. B. Fixing dates for public hearings and appeals. C. Approval of claims and vouchers, bid awards and contracts. D. Approval of surplus property. E. Other items designated by the City Council. 3.12 Unfinished Business Unfinished business of a general nature. 3.13 New Business Business, other than ordinances and resolutions, that has not been previously before the City Council. 3.14 Ordinances All ordinances shall be in writing, and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their adoption, provided that any councilmember may upon request, have a full reading of the text of a proposed ordinance prior to the vote on its adoption. It shall not require a second to the request for a full reading of an ordinance. It is further provided, however, that the requirement for a reading of the title of the proposed ordinance, or a full reading of the text of the proposed ordinance may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at the council meeting. After a motion to adopt an ordinance has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the ordinance, without simply repeating the ordinance title as read by the City Attorney and may choose to comment on any results of Committee action regarding the issue. Discussion and debate by the City Council on ordinances will be held prior to the vote on an ordinance. Councilmembers shall decide whether or not to amend the ordinance, or direct staff to further review the proposed ordinance. An ordinance shall be adopted by a majority vote of a quorum of the City Council, Provided that adoption of any ordinance 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, and Provided that public emergency ordinances DI.A Page 56 of 75 Page 7 require a vote of a majority plus one of the whole Council membership. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace. 3.15 Resolutions All resolutions shall be in writing, and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their passage, provided that any councilmember may upon request, have a full reading of the text of a proposed resolution prior to the vote on its passage. It shall not require a second to the request for a full reading of a resolution. It is further provided, however, that the requirement for a reading of the title of the proposed resolution, or a full reading of the text of the proposed resolution may be waived upon a motion duly made, seconded and approved 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 as read by the City Attorney, and the councilmember may choose to comment on any results of Committee action regarding the issue. Discussion and debate by the City Council on resolutions will be held prior to 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 shall require the affirmative vote of at least a majority of the whole membership of the Council. 3.16 Councilmember Reports Councilmembers may report on their significant city activities since the last regular meeting. Councilmembers shall limit their reports to not more than three (3) to five (5) minutes. 3.17 Adjournment Recess - The foregoing agenda may be interrupted for a stated time as called by the Presiding Officer to recess for any reason, including executive sessions. [See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120 (1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).] DI.A Page 57 of 75 Page 8 SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS 4.1 Councilmembers shall attend Regular Council meetings. Councilmembers will inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting, or if they knowingly will be late to any meeting. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis. [See ACC 2.06.050 and RCW 35A.12.060] 4.2 Councilmembers shall attend the meetings of the Council Committees to which they are assigned, including meetings of the Council Committee of the Whole to which all Councilmembers are assigned. Councilmembers will inform the Chair of such Council Committees or the City Clerk if they are unable to attend any meetings of such Council Committees, or shall so inform the Chair or City Clerk if they knowingly will be late to any such Council Committee meeting. If a Councilmember has informed the Chair or City Clerk that he or she is unable to attend such Committee meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis. 4.3 Councilmembers shall attend the Special Meetings of the City Council. Councilmembers, will inform the Mayor or the City Clerk if they are unable to attend any such meetings, or shall so inform the Mayor or City Clerk if they knowingly will be late to any such Special meeting. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such Special meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis. 4.4 Attendance at 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, in addition to the application of RCW 35A.12.060 to Regular City Council meetings, unexcused absences from any Regular or Special meetings, or Committee meetings, shall constitute a violation of these Rules of Procedure. SECTION 5 - PRESIDING OFFICER - DUTIES 5.1 Conduct of Meetings DI.A Page 58 of 75 Page 9 The Presiding Officer at all meetings of the Council shall be the Mayor and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor are absent and a quorum is present, the Council shall elect one of its members to serve as Presiding Officer until the return of the Mayor or Deputy Mayor. [See former ACC 2.06.090 (1957 code § 1.04.100).] 5.2 The Presiding Officer: A. Shall preserve order and decorum at all meetings of the Council and cause the removal of any person from any meeting for disorderly conduct; 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. Shall recognize Councilmembers in the order in which they request the floor, giving every councilmember who wishes an opportunity to speak, provided that the mover of a motion shall be permitted to debate it first, and provided that the Presiding Officer may also allow discussion of an issue prior to the stating of a motion when such discussion would facilitate wording of a motion; E. May affix approximate time limit for each agenda item; F. When matters on the agenda are placed, or are able to be placed under more than one classification or category, as defined by the Order of Business, and the matters involve or are closely related to other subject matter, then the Presiding Officer may, in the Presiding Officer’s discretion, present such matters before the Council, for discussion, consider and vote, at a different place in the agenda without the necessity of any vote thereon, notwithstanding their initial different placement on the written agenda. [See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code § 1.04.210).] SECTION 6 - COUNCILMEMBERS 6.1 Remarks. - Councilmembers desiring to speak shall address the presiding officer, and when recognized, shall confine him/herself to the question under debate. 6.2 Questioninq. - Any member of the Council, including the Presiding Officer, shall have the right to question any individual, including members of the staff, on DI.A Page 59 of 75 Page 10 matters germane to the issue properly before the Council for discussion. Under no circumstances shall such questioning be conducted in a manner to the extent that such would constitute a cross-examination of or an attempt to ridicule or degrade the individual being interrogated. 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 and City staff in ways that promote effective local government. 6.4 Council Training. - Councilmembers are expected to participate in training offered by individuals, agencies, entities and organizations including but not limited to the Association of Washington Cities and the State of Washington, so as to afford the Councilmembers the opportunity to better understand their roles as City Councilmembers. 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. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES 7.1 Speaking to the Motion. - No member of the Council, including the Presiding Officer, shall speak more than twice on the same motion except by consent of the majority of the Councilmembers present at the time the motion is before the Council. 7.2 Interruption. - No member of the Council, including 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 5.2a of these rules. 7.3 Courtesy. -All speakers, including members of the Council, which includes the Presiding Officer, in the discussion, comments, or debate of any matter or issue shall address their remarks to the Presiding Officer, be courteous in their language and deportment, and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff or the pubic, but shall at all times confine their remarks to those facts which are germane and relevant to the question or matter under discussion. DI.A Page 60 of 75 Page 11 7.4 Transgression. - If a member of the Council shall transgress these rules on debates, the Presiding Officer shall call such member to order, in which case such member shall be silent except to explain or continue in order. If the Presiding Officer shall transgress these rules on debate or fail to call such member to order, any other member of the Council may, under a point of order, call the Presiding Officer or such other member to order, in which case the Presiding Officer or such member, as the case may be, shall be silent except to explain or continue in order. 7.5 Challenge to Ruling. - Any member of the Council, including the Presiding Officer, shall have the right to challenge any action or ruling of the Presiding Officer, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Presiding Officer, shall govern. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS 8.1 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 include nominations, withdrawal of motion by the person making the motion, request for a roll call vote, and point of order or privilege; therefore a second is not needed. 8.3 A motion that receives a tie vote is deemed to have failed, provided that except where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. 8.4 When making motions, Councilmembers shall be clear and concise and not include arguments for the motion within the motion. 8.5 After a motion has been made and seconded, the Councilmembers may discuss their opinions on the issue prior to the vote. 8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to the provisions of Section 9 hereof, that Councilmember shall so advise the City Council, and shall remove and absent himself/herself from the deliberations and considerations of the motion, and shall have no further participation in the matter. Such advice shall be given prior to any discussion or participation on the subject matter or as soon thereafter as the Councilmember perceives a need to abstain, provided that, prior to the time that a Councilmember gives advice of an intent to abstain from an issue, the Councilmember shall confer with the City Attorney to determine if the basis for the Councilmember's intended abstention conforms to DI.A Page 61 of 75 Page 12 the requirements of Section 9. If the intended abstention can be anticipated in advance, the conference with the City Attorney should occur prior to the meeting at which the subject matter would be coming before the City Council. If that cannot be done, the Councilmember should advise the City Council that he/she has an "abstention question" that he/she would want to review with the City Attorney, in which case, a brief recess would be afforded the Councilmember for that purpose. 8.7 A motion may be withdrawn by the maker of the motion at any time without the consent of the Council. 8.8 A motion to table is nondebatable and shall preclude all amendments or debates of the issue under consideration. A motion to table is to be used in instances where circumstances or situations arise which necessitate the interruption of the Councilmembers' consideration of the matter then before them. A motion to table, if passed, shall cause the subject matter to be tabled until the interrupting circumstances or situations have been resolved, or until a time certain, if specified in the motion to table. To remove an item from the table in advance of the time certain requires a two-thirds' majority vote. 8.9 A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. 8.10 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. 8.11 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. 8.12 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. 8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table, roll call vote, point of order, reconsideration and take from the table. A motion to amend an amendment is not in order. 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. DI.A Page 62 of 75 Page 13 8.16 The Presiding Officer, City Attorney or City Clerk should repeat the motion prior to voting. 8.17 The City Clerk will take a roll call vote, if requested by the Presiding Officer, a Councilmember, or as required by law. 8.18 When a question has been decided, any Councilmember who voted in the majority may move for reconsideration. In order to afford Councilmembers who voted in the majority the potential basis for a motion for reconsideration, Councilmembers who voted in the majority 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. 8.19 The City Attorney shall act as the Council’s parliamentarian and shall decide all questions of interpretations of these rules which may arise at a Council meeting. 8.20 These rules may be amended, or new rules adopted, by a majority vote of the full Council. [See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code § 1.04.230).] SECTION 9 - VOTING 9.1 Voice vote - A generalized verbal indication by the Council as a whole of “yea or nay” 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 vote with the prevailing side, except where such a Councilmember abstains because of a stated conflict of interest or appearance of fairness. 9.2 Roll call vote - A roll call vote may be requested by the Presiding Officer or by any Councilmember. 9.3 Abstentions - It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. However, a Councilmember may 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. [See former ACC 2.06.150 (1957 code § 1.04.150).] DI.A Page 63 of 75 Page 14 SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 10.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address for the record, and limit their remarks to three (3) minutes, in addition to filling out the speaker sign-in sheet available at the City Clerk’s desk. All remarks will be addressed to the Council as a whole. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions to the time restrictions of persons addressing the Council when warranted, in the discretion of the Presiding Officer. 10.2 Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the Presiding Officer, unless permission to continue is granted by a majority vote of the Council. [See former ACC 2.06.130 (1957 code § 1.04.130).] 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 said Director’s designee, will present the City’s position and findings. Staff will be available to respond to Council questions. B. The proponent spokesperson shall speak first and be allowed (10) minutes. Council may ask questions. C. The opponent spokesperson shall be allowed ten (10) minutes for presentation and Council may ask questions. D. Each side shall then be allowed five (5) minutes for rebuttal, with the proponent spokesperson speaking first, followed by the opponent spokesperson. E. The City Clerk shall serve as timekeeper during these hearings. F. After each proponent and opponent spokesperson have used their speaking time, Council may ask further questions of the speakers, who shall be entitled to respond but limit their response to the question asked. DI.A Page 64 of 75 Page 15 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 Biennially at the first meeting of a new Council, or periodically, the members thereof, by majority vote, shall designate one of their members as Deputy Mayor for such period as the Council may specify. 12.2 The Deputy Mayor shall perform the following duties: Intra-Council Relations • Serve as an ex-officio member of all standing committees of the city council • Assist in new councilmember training • Support cooperative and interactive relationships among council members • Work with Administration to prepare agendas for committee of the whole meetings Mayor-Council Relations • Help maintain a positive and cooperative relationship between the mayor and the city council • Act as conduit between the mayor and the city council on issues or concerns relating to their duties DI.A Page 65 of 75 Page 16 Intergovernmental and Community Relations • Act in absence of mayor as requested and/or as required • 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 • Serve as the Chair of the City’s Emergency Management Compensation Board [See former ACC 2.06.090 (1957 code § 1.04.100).] SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE 13.1 In the event that an unexpired Council position becomes vacant, the City Council has ninety (90) days from the occurrence of the vacancy to appoint, by majority vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to State law. The Council may make such appointment at its next regular meeting, or at a special meeting called for that purpose. If the Council does not appoint a person within the ninety (90) day period, the Mayor may make the appointment from among the persons nominated by members of the Council. 13.2 In the event of extended excused absences or disability of a Councilmember, the remaining members by majority vote may appoint a Councilmember Pro Tempore to serve during the absence or disability. SECTION 14 - COUNCIL MEETING STAFFING 14.1 Department Directors shall attend all meetings of the Council unless excused. 14.2 The City Attorney shall attend all meetings of the Council unless excused, and shall upon request, give an opinion, either written or oral, on legal questions. The City Attorney shall act as the Council’s parliamentarian. The Assistant City Attorney shall attend meetings when the City Attorney has been excused. [See former ACC 2.06.060 (1957 code § 1.04.160).] SECTION 15 - COUNCIL RELATIONS WITH STAFF 15.1 There will be mutual courtesy and respect from both City staff and Councilmembers toward each other and of their respective roles and responsibilities. 15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers will acknowledge City staff as administering the Council’s policies. 15.3 It is the intent of Council that all pertinent information asked for by individual Council members shall be made available to the full Council. DI.A Page 66 of 75 Page 17 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. Councilmembers who serve council committee overseeing the activities involved may, with the consent of the Mayor and the committee chair, participate in discussions related to these matters to give policy guidance and legislative direction. 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 or being initiated through the Council Committee process. 15.7 All councilmember requests for information, other than requests for legal advice from the City Attorney’s Office, shall be directed through the Mayor in order to assign the task to the proper staff. Council committee chairs and the Deputy Mayor may work with the Mayor’s designated staff to prepare agendas and facilitate their committee work. 15.8 Any written communication with staff shall also include the Mayor as a recipient. SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 The Standing Committees of the City Council of the City of Auburn are as follows: A. PUBLIC WORKS COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to water and sanitary sewer utilities, storm drainage, streets and policy matters involving construction, engineering, right-of-way use, street vacation and equipment maintenance and operations. This Committee will coordinate equipment rental and utility matters with the Finance Committee. The Committee will serve as the Council’s liaison for the Transportation, Transit and Trails Committee and special transportation advisory committees. B. FINANCE COMMITTEE: DI.A Page 67 of 75 Page 18 In addition to the normal monitoring of the financial expenditures of the approved budget, this Committee will make recommendations to the City Council as a whole on policies relating to human resources, municipal court, legal, information services, and City real property transactions including sale, lease, acquisition, and donations. This committee will coordinate property transactions with other appropriate Council Committees. The Committee will serve as Council’s liaison for the Tourism Board. C. PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to land use planning and zoning, code enforcement, annexation, building permits, human services, parks (planning), cultural arts and public art, museum, Mary Olson Farm, communications, and economic development. The Committee will serve as the Council’s liaison for the Arts Commission, King County Library, Urban Tree Board, Parks and Recreation Board, Planning Commission, Human Services Committee, Museum board and Multicultural Roundtable. D. MUNICIPAL SERVICES COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to police, animal control, emergency planning, parks (operations), community services, telecommunications, solid waste, airport, senior center, Auburn International Farmers’ Market, golf course and cemetery. The Committee will serve as the Council’s liaison for the Airport Advisory Board, the Cemetery Board and the Auburn International Farmers’ Market Advisory Board. E. LES GOVE COMMUNITY CAMPUS COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to development and ongoing use of the Community Center and Activity Center facilities at Les Gove Community Campus. The Les Gove Community Campus Committee shall also coordinate with the Municipal Services Committee and the Planning and Community Development Committee in considering activities and issues that affect the Les Gove Community Campus as a whole. F. COUNCIL OPERATIONS COMMITTEE: There is created and established a Council Operations Committee for the city council, the appointment, duties and functions thereof to be as follows: DI.A Page 68 of 75 Page 19 1. Appointment. Membership of the Council Operations Committee shall consist of the Deputy Mayor and the two other Councilmembers having the longest tenure on the City Council. Longest tenure is to be calculated as the total length of consecutive service as a Councilmember. The Deputy Mayor shall be the Chair of the Council Operations Committee. In the event two or more members have equal tenure, the Chair and members of the Council Operations Committee shall be selected on the basis of the largest number of votes received at the most recent general election(s) in which the Councilmembers were respectively elected. It is provided, however, that Councilmembers whose term of office will expire prior to or during the first meeting of a new City Council and who have not been re-elected or appointed to another term of office extending beyond the first meeting of a new City Council shall not be allowed to vote at Council on the approval of the membership of the new committees. 2. Powers and Functions. The function of the Council Operations Committee is to supervise the formation and membership of all standing committees of the City Council. The Council Operations Committee shall, subject to the approval of a majority of the entire City Council, designate all of the standing committees of the City Council. In addition, the Council Operations Committee shall, biennially at the first meeting of a new City Council, or periodically, submit a list of the proposed members of all standing committees of the City Council for approval by a majority vote of the entire City Council. The Council Operations Committee shall also recommend the Chair for each standing committee of the City Council, which recommendations shall also be subject to approval by a majority vote of the entire City Council. The membership of all standing committees of the City Council shall consist exclusively of Councilmembers. Each chair of any standing committee of the City Council shall, in the absence of a quorum at a meeting of his/her particular standing committee, have the authority to appoint a non-member of the standing committee, from the City Council to that standing committee for that meeting to create a quorum for that meeting, or in the chair's absence the vice-chairman shall be able to appoint another Councilmember to that particular committee in the absence of a quorum. The function of the Council Operations Committee is also to propose amendments to the Rules of Procedure of the City Council to the full City Council, and to address issues relating to the whole City Council and make recommendations for action by the full City Council relative to such issues. The Council Operations Committee shall also evaluate and recommend to the whole City Council any actions, responses or sanctions for violations by Councilmembers of these Rules of Procedure, which recommendation shall be considered, voted and/or acted upon by the City Council in the normal course. DI.A Page 69 of 75 Page 20 3. In cases of alleged misconduct or violations of the City Council Rules of Procedures (ROP), the person suspected of the alleged misconduct or violation of the ROP shall be afforded the opportunity to respond, which opportunity shall be given, with advance notice, in an open meeting of the Council Operations Committee (COC) prior to the COC making any recommendations regarding censure or reprimand or other disciplinary action. 4. Meeting Dates. The Council Operations Committee shall meet biennially upon the seating of each new City Council or more often as needed. [See former ACC 2.06.220 (Ord. 4319 §§ 2, 3, 1989; Ord. 3937 § 1, 1984; Ord. 3606 § 1, 1981; Ord. 2786 § 1, 1974; Ord. 2745 § 1, 1973; 1957 code § 1.04.240).] 16.2 The Mayor or a majority of the City Council may establish such ad hoc committees as may be appropriate to consider special matters that require special approach or emphasis. Such 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. The Mayor shall appoint Council representatives to intergovernmental councils, boards and committees, including such ad hoc committees. 16.3 Ad hoc council committees shall consider all matters referred to them. The chair of such ad hoc committee shall report to the City Council the findings of the committee. Committees may refer items to the Council with no committee recommendation. 16.4 Advisory Boards, Committees and Commissions established by ordinance, consisting of citizens appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the City Council. 16.5 Committee Chairpersons shall have broad discretion in conducting their meetings. They will generally follow Roberts Rules of Order, Newly Revised. 16.6 Committee Chairpersons, or a majority of the members of the Committee, may allow audience participation that is related to the agenda item being discussed by the Committee, and audience participation regarding subjects falling within the areas of responsibility of the Committee may come from any non-member of the Committee, including members of the City Council who are in attendance. 16.7 Committee Chairpersons shall approve all agenda items and may, at their discretion, remove or add agenda items during the course of the meeting. DI.A Page 70 of 75 Page 21 16.8 Prior to publication of the agenda in which minutes are to be approved by the Committee, the Committee Chairperson, or the person who will be presiding over the meeting, shall review the draft minutes of Committee meetings. SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 17.1 If a Councilmember meets with, attends a meeting or otherwise appears on before individuals, another governmental agency, a community organization, or a private entity or organization, including individuals, agencies, or organizations with whom or with which the City has a business relationship, and makes statements directly or through the media, commenting on an issue that does or could affect the City, the Councilmember shall state the majority position of the City Council, if known, on such issue. Personal opinions and comments which differ from those of the Council majority may be expressed if the Councilmember clarifies that these statements do not represent the City Council’s position, and the statements are those of the Councilmember as an individual. Additionally, before a Councilmember discusses anything that does or could relate to City liability, the Councilmember should talk to the City Attorney or the City’s Risk Manager, so that the Councilmember would have a better understanding of what may be 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. To assure that communication on agenda items occurs to the greatest extent possible at the public meetings, and to avoid even the perception that email is being used in a way that could constitute a public meeting, e.g., successive communications on City Council or Council Committee topics that involve a quorum of the Councilmembers or Committee members. Councilmembers should refrain from emailing Councilmembers about such agenda items. Councilmembers should be prepared to communicate about matters that are on upcoming Committee agendas or Council agendas at the public meetings. If Councilmembers wish to share DI.A Page 71 of 75 Page 22 information with other councilmembers about matters that are on upcoming agendas, the councilmembers should forward that information to the Mayor for distribution in the committee or council meeting packets. B. Councilmembers may communicate via email to other Councilmembers, including to a quorum of a Council committee or the full City Council about matters within the scope of the Committee’s authority or related to City business, but not yet scheduled on upcoming Committee or 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. 17.5 Internet & Electronic Resources/Equipment Use. A. Policy. It is the policy of the City Council that Internet and electronic resources equipment use shall conform to and be consistent with the requirements of City of Auburn Administrative Policy and Procedure 500- 03, “Internet & Electronic Resources/Equipment Use – Elected Officials” adopted hereby and incorporated herein by this reference. It is important to note that 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, with exceptions stated by the Public Records Act (RCW 42.56), are public records. B. Electronic Communications. (1) Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record. Users should delete these messages once their administrative purpose is served. (2) All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying. DI.A Page 72 of 75 Page 23 (3) Electronic communications that are intended to be shared among a quorum of the City Council or Council Committee, whether concurrently or serially, must be considered in light of the Open Public Meetings Act. If the intended purpose of the electronic communication is to have a discussion that should be held at an open meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the Council shall not occur. (4) Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business. In general, electronic communication is discoverable in litigation, and even deleted electronic communication is not necessarily removed from the system. Confidential electronic communications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived. (5) Electronic communication between Councilmembers and between Councilmembers and staff shall not be transmitted to the public or news media without the filing of a public disclosure request with the City Clerk. (6) As a cautionary note, if an elected public official uses his or her personal home computer to send electronic communications dealing with City business, the electronic communications and electronic records may be subject to discovery demands and public disclosure requests. That possibility amplifies the need for caution in how one uses electronic communication for City business. 17.6 Different than where a City Councilmember is appointed by the City Council or the Mayor to serve as a member of a board, commission, committee, task force or any other advisory body, the City Council may appoint a Councilmember to serve as a non-member Liaison to a board, commission, committee, task force or any other advisory body. Anytime a Councilmember is appointed as such a Liaison, the position or role of Liaison is subordinate to that of Councilmember, and the Councilmember’s responsibility is first and foremost to the City and to the City Council. The role and responsibility of the Councilmember-Liaison is to keep the City Council and Council Committees apprised of the activities, positions and actions of the entity or organization to which the Councilmember has been appointed Liaison, and not to communicate to the board, commission, committee, task force or other advisory body a statement as the position of the City Council, except as authorized or directed by the City Council. DI.A Page 73 of 75 Page 24 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 In accordance with the City of Auburn travel policy, approvals or expenditure of travel related costs and/or approval of specific travel events or activities by Councilmembers beyond the authority provided in the travel policy shall be as follows: the requesting Councilmember shall submit his/her request to expend travel related costs and/or request for authorization for specific travel purposes to the Mayor to be included on an upcoming Council meeting agenda in advance of the date(s) of such expenditure or travel. The City Council may pursuant to a motion, approve the request by a majority vote of a quorum of the City Council at the meeting in which the matter is considered. SECTION 19 - CONFIDENTIALITY 19.1 Councilmembers shall keep confidential all written materials and verbal information provided to them during Executive Sessions, 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 20.1.1 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. DI.A Page 74 of 75 Page 25 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 DI.A Page 75 of 75