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