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HomeMy WebLinkAbout09-22-2014 09-22-14 MUNICIPAL SERVICES COMMITTEE AGENDA PACKETWASH I NGTONJ Municipal Services Committee September 22, 2014 - 3:30 PM City Hall Conference Room 3 AGENDA I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. September 8, 2014 Minutes* 111. ACTION A. Resolution No. 5103* (Coleman) B. Resolution No. 5097* (Miller) A resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the Washington State Military Department in the amount of fifty five thousand seven hundred twenty four dollars ($55,724.00) from the United States Department of Homeland Security Emergency Management Performance Grant Program, and authorizing the Mayor to execute the necessary agreements to accept said funds. IV. DISCUSSION ITEMS A. Crime Activity Report (Lee) B. Ordinance No. 6519* (Heid) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.92 of the Auburn City Code, providing for a Code of Ethics C. Project Matrix* 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 28 AuBuRN ITY OF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: September 8, 2014 Minutes Department: Attachments: Police September 8, 2014 M inutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember: Peloza Meeting Date: September 22, 2014 Date: September 16, 2014 Budget Impact: $0 Staff: Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 28 Au& 7Y or i r WASHINGTON Municipal Services Committee September 8, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and Member Claude DaCorsi. Staff present: Mayor Nancy Backus, Chief of Police Bob Lee, Finance Director Shelley Coleman, Jamelle Garcia and Police Secretary /Scribe Heather Shaw. Others present: Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications 11. CONSENT AGENDA A. August 25, 2014 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3 -0 III. DISCUSSION ITEMS CA.A A. DARE Program Update (Lee) Chief of Police, Bob Lee provided a follow -up on Resolution No. 5093 regarding the approval of the surplus of the department's DARE vehicle. The surplus of the vehicle will allow for the vehicle to be donated to the school district for use. The school district will now take over the DARE program with support from the police department. Committee discussion followed. Resolution No. 5093 will be considered at the next city council meeting. Page 1 of 2 Page 3 of 28 B. Airport Hangar Development (Coleman) Director Shelley Coleman briefed the committee on the status of the Auburn Municipal Airport T Hangar Enclosure project. Chair Peloza addressed the committee and asked if anyone had any questions after their review of the provided documents. Vice Chair Osborne questioned why there were no interior walls for 316 & 317 and asked what those sections would be used for. Shelley advised that they will be used for hangars though there was discussion that they would be used for storage of airport equipment. Should there be a demand for additional hangars, they will be used for that purpose. Jamelle Garcia from the airport informed the committee that there are currently 5 hangars reserved and paid for with an additional 7 on the waiting list without payment in full at this time. Director Coleman advised the committee that though they have gotten bids from local businesses, they are still in need of competitive bid pricing as well as the assignment of a project manager for the job. Chair Peloza questioned whether we could move forward to full council at this time. Vice Chair Osborne addressed his hesitation in moving forward with a resolution until there is a competitive bid price in place and instead suggested that a proposed resolution be presented to the committee at the next scheduled Municipal Services committee meeting for discussion. Shelley Coleman informed the committee that the architect has already obtained a permit for the project. Additional Committee discussion followed. C. Project Matrix The Project Matrix was reviewed but no changes were identified. IV. ADJOURNMENT CA.A The meeting was adjourned at 3:46 p.m. The next regular meeting of the Municipal Services Committee is scheduled for Monday, September 22, 2014 at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this day of September, 2014. Bill Peloza, Chair Heather Shaw, Police Secretary /Scribe Page 2 of 2 Page 4 of 28 AuBuRN ITY OF � wAs - IENGTo Agenda Subject: Resolution No. 5103 Department: Finance AGENDA BILL APPROVAL FORM Attachments: Resolution No. 5103 Administrative Recommendation: Date: September 10, 2014 Budget Impact: $0 City Council adopt Resolution No. 5103 Background Summary: In July 2014, Council approved a budget amendment that included $125,000.00 for the Auburn Municipal Airport T Hangar Enclosure project. Final estimates of the cost for the project now exceed $200,000.00. The Airport Fund does not have the additional funding available to complete the project. The Capital Improvements Fund has sufficient funds from which to transfer funds in an amount not to exceed $200,000.00, in order to cover the additional cost of the project. An interfund loan will cover the additional project cost, and will be repaid with interest over a five -year period, with new revenues generated from rentals for the enclosed hangars being pledged to the repayment. Reviewed by Council Committees: Municipal Services Councilmember: Peloza Staff: Coleman Meeting Date: September 22, 2014 Item Number: ACT.A ACT.A AUBURN * MORE THAN YOU IMAGINED Page 5 of 28 RESOLUTION NO. 5103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF MAKING A LOAN OR LOANS FROM THE CAPITAL IMPROVEMENTS FUND TO THE AIRPORT FUND FOR UP TO A FIVE -YEAR PERIOD OF TIME WHEREAS, in July 2014 the City Council authorized a budget amendment that included funding for the Auburn Municipal Airport T Hangar Enclosure Project in the amount of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000); and WHEREAS, the estimated cost of the Auburn Municipal Airport T Hangar Enclosure Project has increased; and WHEREAS, revenues in the Airport Fund are limited in nature; and WHEREAS, there are insufficient funds available in the Airport Fund to cover the revised cost of the Auburn Municipal Airport T Hangar Enclosure Project; and WHEREAS, the Capital Improvements Fund has sufficient funds from which to transfer funds in an amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) for the purpose of making loans to cover the cost of the Auburn Municipal Airport T Hangar Enclosure Project for the Airport Fund (Fund No. 435); and Resolution No. 5103 September 16, 2014 ACT.A Page 1 of 3 Page 6 of 28 WHEREAS, in the event a loan is made from the Capital Improvements Fund (Fund No. 328) to the Airport Fund (Fund No. 435) as provided above, the loans shall bear interest at the State of Washington pool rate; and WHEREAS, the repayment of the loan, including principal and interest, would be made using new revenues from the enclosed hangars pledged to the repayment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. Authorization is hereby given for the transfer of funds from the Capital Improvements Fund to the Airport Fund, to cover the cost of the Auburn Municipal Airport T Hangar Enclosure Project, in an amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) for the purpose of making a loan bearing interest at the Washington State pool rate. 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. DATED and SIGNED this day of , 2014. NANCY BACKUS, MAYOR Resolution No. 5103 September 16, 2014 ACT.A Page 2 of 3 Page 7 of 28 ATTEST: Danielle Daskam City Clerk APPROVED AS TO FORM: Daniel B. Heid City Attorney Resolution No. 5103 September 16, 2014 ACT.A Page 3 of 3 Page 8 of 28 Orr' OF �4 AUBURN wAs - IENGTo Agenda Subject: Resolution No. 5097 Department: Administration AGENDA BILL APPROVAL FORM Attachments: RESOLUTION NO 5097 Administrative Recommendation: Date: September 8, 2014 Budget Impact: $0 Municipal Services Committee to recommend that City Council adopt Resolution No. 5097. Background Summary: The US Department of Homeland Security (DHS) makes available Emergency Management Performance Grants (EMPG) to local jurisdictions specifically to enhance their emergency management programs. The City of Auburn was allocated funds based on a state -wide formula. These funds can be used exclusively for emergency management activities and only for items and activities which were not previously budgeted for. Funds will be used to conduct planning activities and provide public education activities and supplies. Reviewed by Council Committees: Finance, Municipal Services Councilmember: Peloza Meeting Date: September 22, 2014 Staff: Miller Item Number: ACT.B ACT.B AUBURN * MORE THAN YOU IMAGINED Page 9 of 28 RESOLUTION NO. 5097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FORMALLY ACCEPTING A GRANT FROM THE WASHINGTON STATE MILITARY DEPARTMENT IN THE AMOUNT OF FIFTY FIVE THOUSAND SEVEN HUNDRED TWENTY FOUR DOLLARS ($55,724.00) FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS WHEREAS, the City created and maintains an active Emergency Management Program; and WHEREAS, the United States Department of Homeland Security makes available Emergency Management Performance Grant monies to local emergency management programs; and WHEREAS, the Washington State Military Department, Emergency Management Division has approved a grant of those monies to the City of Auburn Emergency Management program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The City Council of the City of Auburn does hereby accept the Washington State Military Department, Emergency Management Division offer of a grant in the amount of Fifty Five Thousand Seven Hundred Twenty Four Dollars ($55,724.00) as the City's allotment of annual Emergency Management Performance Grant monies. Resolution No. 5097 September 3, 2014 ACT.B Page 1 of 2 Page 10 of 28 Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED AND SIGNED THIS DAY OF OCTOBER 2014. CITY OF AUBURN Nancy Backus MAYOR ATTEST: Danielle Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5097 September 3, 2014 ACT.B Page 2 of 2 Page 11 of 28 DI.B (Ark' UBURN \VASHENG`O Agenda Subject: Ordinance No. 6519 Department: Administration AGENDA BILL APPROVAL FORM Attachments: ORD6519 and ORD6524 Administrative Recommendation: Date: September 16, 2014 Budget Impact: $0 Background Summary: Ordinance No. 6519 was tabled at the July 21, 2014 City Council meeting to the September 15, 2014 City Council meeting, at which time, the Council referred Ordinance No. 6519 and an alternate version, Ordinance No. 6524, to the Planning and Community Development Committee and Municipal Services Committee for further review. Reviewed by Council Committees: Finance Councilmember: Meeting Date: September 22, 2014 Staff: Heid Item Number: DI.B AUBURN * MORE THAN YOU IMAGINED Page 12 of 28 ORDINANCE. NO. 6 51 9 AN ORDINANCE OF THE CITY COUNCIL THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 2.92 OF THE A UBURN CITY CODE, PROVIDING FOR A CODE OF ETHICS WHEREAS, state law, and specifically, Chapter 42.23 of the Revised Code of Washington (RCW), provides a Code of Ethics for Municipal Officers; and WHEREAS, state law also provides a separate ethics code for state officials and employees found in Chapter 42.52 RCW; and WHEREAS, the provisions of these two RCW Chapters set the framework for ethics and public service applicable to city officials, however, the two chapters are not completely consistent in all measures; and WHEREAS, to address questions and issues related to these two chapters and to assist in defining provisions and, to some extent reconciling, inconsistencies between them, it is appropriate for the City of Auburn to adopt and implement its own Code of Ethics. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Adoption of New Chapter to City Code. A new chapter 2.92 of the Auburn City Code, providing for a Code of Ethics, is created to read as follows: Sections: 2.92.010 2.92.020 2.92.030 2.92.040 2.92.050 2.92.060 2.92.070 2.92.080 Chapter 2.92 CODE OF ETHICS Policy. Definitions. Prohibited conduct. Ethical standards. No right of action created — Effective date. Ethics officer. Advisory opinions. Complaint procedure. 2.92.010 Policy. Ordinance No. 6519 July 21, 2014 Page 1 DI.B Page 13 of 28 A. Purpose. The Auburn city council has adopted herein a code of ethics for city - elected officials and city appointed officers and officials to promote public confidence in the integrity of local government and its fair operation. This code of ethics will provide the basis for education and training for city officials to ensure that the highest ethical standards and best ethical practices will be followed. B. Intent. The citizens and businesses of Auburn are entitled to have fair, ethical and accountable local government that has earned the public's full confidence. It is further the intent that city officials be permitted to fulfill their duties to represent the public to the greatest extent possible unless circumstances exist where such engagement is impermissible. Nothing in this chapter is intended to reduce, limit, or restrict the pool of available candidates for service on the council or service on council - appointed public bodies, all of which are either part-time or volunteer positions. It is in the public interest to ensure that the provisions of this chapter do not create barriers to citizen public service. In keeping with the City of Auburn's commitment to excellence, the effective functioning of democratic government therefore requires that: 1. Public officials, both elected and appointed, comply with the laws and policies affecting the operations of government; 2. Public officials be independent, impartial and fair in their actions; 3. Public office be used for the public good, not for personal gain; 4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility; and 5. There needs to be compatibility between City ethical codes and the ethic codes of state law. 2.92.020 Definitions. A. "Official" means a city- elected official and a city - appointed official, officer or employee, and includes members of appointed city boards and commissions and other task forces, groups or committees. B. "Quasi- judicial actions" means those actions of the city council /legislative body, planning commission, hearing examiner, or other City boards which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. C. "Relative" means spouse, domestic partner, child, step - child, parent, step- parent, parent -in -law and sibling. D. Definitions Incorporated by Reference. The definitions included in and referenced by sections 42.23.020 and 42.52.010 of the Revised Code of Washington (RCW), as hereinafter amended, are incorporated herein unless the language and context hereof clearly excludes the application thereof, provided that such definitions may nevertheless guide in the application and interpretation thereof. 2.92.030 Prohibited conduct. A. Conflicts of Interest. Officials shall not participate in quasi - judicial or site - specific land use city decisions, the purchase or condemnation of property, or city Ordinance No. 6519 July 21, 2014 Page 2 DI.B Page 14 of 28 decisions involving the awarding of a grant or contract in which any of the following has a direct or indirect interest: 1 The official; 2. A relative; 3. An individual with whom the official resides; or 4. An entity that the official serves as an officer, director, trustee, partner or employee. B. Officials shall abstain from participating in deliberations and decision - making where conflicts exist. RCW 42.23.040 shall apply to conflicts or potential conflicts w ith respect to remote interests in city decisions involving the awarding of a contract. C. Misuse of Public Position or Resources. Except for infrequent use at little or no cost to the city, officials shall not use public resources that are not available to the public in general, such as city staff time, equipment, supplies or facilities, for other than a city purpose. D. Representation of Third Parties. Except in the course of official duties, officials shall not appear on behalf of the financial interests of third parties before the bodies on which the officials serve or in interaction with the body's assigned staff. Further, the members of the city council shall not appear on behalf of the financial interest of third parties before the council, or any other City body, board or commission, in any proceeding of the city, or in interaction with staff. E. Solicitation of Charitable Contributions. No official may directly solicit charitable contributions from city employees. F. Gifts and Favors. Officials shall not knowingly use their public position to secure any special advantage, services or opportunities for personal or family gain, where such services, opportunities or gains are not available to the public in general. Officials may also not solicit or receive any thing of monetary value from any person or entity where the thing of monetary value has been solicited or received or given, or where it would appear to a reasonable person to have been solicited or received or given, with intent to give or obtain consideration or influence as to any action by the official in his or her official capacity; provided, that nothing shall prohibit campaign contributions which are solicited or received and reported in accordance with applicable law. They shall not accept or solicit any gifts, favors or promises of future benefits except as follows: 1. No official may accept gifts, other than those specified in subsection (F)(2) of this section, with an aggregate value in excess of Fifty Dollars ($50.00) from a single source in a calendar year, or a single gift from multiple sources with a value in excess of Fifty Dollars ($50.00) in accordance with RCW 42.52.150(1); provided, that if the Fifty Dollars ($50.00) limit in RCW 42.52.150(1) is amended, this section shall be deemed to reflect the amended amount. For purposes of this section, "single source" means any person, corporation, or entity, whether acting directly or through any agent or other intermediary. "Single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs. The value of gifts given to an official's family member or guest shall be attributed Ordinance No. 6519 July 21, 2014 Page 3 DI .B Page 15 of 28 to the official for the purpose of determining whether the limit has been exceeded, unless an independent business, familial, or social relationship exists between the donor and the official, family member or guest. 2. The following items are presumed not to influence the vote, action, or judgment of the official, or be considered as part of a reward for action or inaction, and may be accepted without regard to the limit established by subsection (F)(1) of this section: (a) Unsolicited flowers, plants and floral arrangements; (b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads; (c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item; (d) Unsolicited items received by an official for the purpose of evaluation or review, if the official has no personal beneficial interest in the eventual use or acquisition of the item; (e) Informational materials, publications or subscriptions related to the recipient's performance of official duties; (f) Food and beverages consumed at hosted receptions where attendance is related to the official's duties for the city; (g) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a governmental entity or organization; (h) Unsolicited gifts from dignitaries from another state or a foreign country which are intended to be personal in nature, Provided that if the value (identified or estimated) exceeds $50, the gift shall be the property of the city's; (i) Food and beverages on infrequent occasions in the ordinary course of meals where attendance by the official is related to the performance of official duties; and (j) Any gift which would have been offered or given to the official if he or she were not an official. 3. The presumption in subsection (F)(2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item. G. The provisions of this Section and of this Chapter do not prohibit the City from funding, or contributing to the funding for, an event, activity, or function at which public officials attend and/or in which they participate, even if there is a value of such attendance or participation where, and so long as, the city council finds that there is a corresponding benefit to the City to have its public officials attend or participate, and where city council expressly approves funding, or the contribution towards funding thereof. H. Confidential Information. Officials shall not knowingly disclose any confidential information gained by reason of their official position for other than a city purpose, and officials shall not knowingly use such information for his or her personal or familial benefit, or engage in business or professional activity that the officer might Ordinance No. 6519 July 21, 2014 Page 4 DI.B Page 16 of 28 reasonably expect would induce him or her by reason of his or her position with the City to disclose such confidential information. "Confidential information" means: 1. Specific information, rather than generalized knowledge, that is not available to members of the public; and 2. Information that is made and/or recognized as confidential by law. 2.92.040 Ethical standards. A. In addition to Section 2.92.030 hereof, which shall be administered by the ethics officer, officials shall comply with the following standards: 1. Compliance with Other Laws. Officials shall comply with federal, state and city laws in the performance of their public duties. These laws include, but are not limited to: the United States and Washington Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures and open processes of government and city ordinances and policies. See Appendix A of this section. 2. Officials shall comply with the requirements of RCW 42.17.020 through 42.17.060 regarding contract interests. As required by RCW 42.17.750, no official shall knowingly solicit or encourage, directly or indirectly, any political contribution from any city employee. Except under limited circumstances described in RCW 42.17.130, no official may use or authorize the use of the facilities of the city for the purpose of assisting a campaign for the election of any person to office, or form the promotion of or opposition to any ballot proposition in a manner not available to the general public on the same terms. B. Officials are also encouraged to comply with the following standards: 1. Personal Integrity. The conduct of officials must be above reproach and avoid even the appearance of impropriety. Officials shall refrain from abusive conduct, threats of official action, personal accusations or verbal attacks upon the character or motives of other members of council, boards and commissions, the staff or public. Officials shall maintain truthfulness and honesty and not compromise themselves for advancement, honor, or personal gain. Additionally, officials shall not directly or indirectly induce, encourage or aid anyone to violate this code of ethics and it is incumbent upon officials to make a good faith effort to address apparent violations of this code of ethics. 2. Working for the Common Good. Recognizing that stewardship of the public interest must be their primary concern, officials will work for the common good of the people of Auburn and not for any private or personal interest, and they will ensure fair and equal treatment of all persons, claims and transactions coming before the city council, boards and commissions. 3. Respect for Process. Officials shall perform their duties in accordance with the processes and rules of order established by the city council and boards and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the city council by city staff. 4. Commitment to Transparency. Transparency, openness and accountability are fundamental values of the city and are also required by the laws of the state of Washington. The public has a right to inspect and copy public records Ordinance No. 6519 July 21, 2014 Page 5 DI.B Page 17 of 28 unless exempt by law from disclosure. All materials relating to the conduct of city government that are prepared, possessed, used or retained by any official, including email and other electronic records, are subject to requirements for retention, protection and disclosure. Officials shall not discard, damage or destroy the original of any public document or record unless the City has fully complied with the record retention schedules established under Chapter 40.14 RCW. (Officials may assume that all copies of materials received from city staff have been handled in conformity with state law and such copies do not need to be retained.) Officials shall also not discard, damage or destroy documents, hard copy or electronic, received by the official unless in compliance with state law. In accordance with the requirements of state law officials shall promptly provide any records requested by the public records officer in response to a disclosure request under the Public Records Act, Chapter 42.56 RCW. It is the responsibility for the public records officer together with the city attorney to decide which records meet the definition of "public record" and whether or not such records are exempt from disclosure; officials must not take it upon themselves to decide whether a record meets the definition of a public record, that a record is exempt from disclosure, or to otherwise conceal a record. 5. Conduct of Public Meetings. Officials shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit. Officials shall base their decisions on the merits and substance of the matter at hand and on greater public policy considerations, rather than on unrelated considerations. 7. Ex Parte Communications. In quasi-judicial matters, officials shall publicly disclose information that is relevant to a matter under consideration by the council or boards and commissions, which they may have received from sources outside of the public decision- making process. 8. Attendance. As provided in RC W 35A.12.060, a city councilmember shall forfeit his or her office by failing to attend three consecutive regular meetings of the council without being excused by the council. Unless excused, members of boards and commissions are expected to attend all meetings. 9. Nepotism. Consistent with the city nepotism policy, the city council will not appoint relatives of city councilmembers to boards or commissions or other appointed positions. 10. Advocacy. When acting in an official capacity, officials shall represent the official policies or positions of the city council, board or commission to the best of their ability when the city council, board or commission has taken a position or given an instruction. When a city official is appointed to fill an official role on a governing body in a capacity that is not dependent upon their status as a city of Auburn official, but, for example, as a representative of a geographic area, the official shall endeavor to represent the policies or positions consistent with those of the constituency he or she has been appointed to represent. When presenting their individual /personal opinions and positions, members shall explicitly state that they are not representing their body or Ordinance No. 6519 July 21, 2014 Page 6 DI.B Page 18 of 28 the City of Auburn, and they shall not give or provide the inference that they do. Officials have the right to endorse candidates for all council seats or other elected offices. It is inappropriate to make or display endorsements during council meetings, board /commission meetings, or other official city meetings. However, this does not preclude officials from participating in ceremonial occasions, community events or other events sponsored by civic groups. 11. Role of Legislative Officials. The city council shall have all the powers and authority granted to legislative bodies, except insofar as such power and authority is vested in the mayor in accordance with Chapter 35A.12 RCW. Appendix A o Chapter 9A.72 RCW - Perjury and interference with official proceedings o RCW 35A.12.060 - Vacancy for nonattendance o Chapter 35A.12 RCW - Mayor- council plan of government. o Chapter 40.13 RCW - Preservation and destruction of public records o RCW 42.17A.555 - Use of public office or agency facilities in campaigns — Prohibition — Exceptions o RCW 42.17A.565 - Solicitation of contributions by public officials or employees o Chapter 42.23 RCW - Code of ethics for municipal officers — Contract interests a Chapter 42.36 RCW - Appearance of fairness doctrine — Limitations o Chapter 42.56 RCW - Public Records Act 2.92.050 No right of action created — Effective date. A. Nothing in this chapter shall be construed as creating or providing a basis for a private cause of action against the city or against any official by third parties. B. No retroactive application is intended by the adoption of this chapter which shall only apply to acts that occur after the effective date thereof. 2.92.060 Ethics officer. A. The city council creates the position of ethics officer. The mayor shall appoint the ethics officer subject to confirmation by the city council. Such confirmation shall be by unanimous vote, and the ethics officer shall be admitted to the practice of law and shall have sufficient experience and training to serve in this capacity. The ethics officer shall serve in conformity with a professional services contract with the City of Auburn. The services of the ethics officer may only be terminated upon the recommendation of the mayor and a concurring supermajority (majority plus one) vote of the city council. B. The ethics officer shall make an annual review of this code of ethics and review training materials regarding the code of ethics, and the ethics officer may issue advisory opinions concerning the code of ethics. The ethics officer shall also be responsible for the prompt and fair enforcement of the code when necessary. Ordinance No. 6519 July 21, 2014 Page 7 DI.B Page 19 of 28 Information provided to the ethics officer shall be treated as confidential to the extent permitted by law. C. The ethics officer, in addition to other duties, shall conduct a review of this ethics code in 2015 and again every two years thereafter, and may recommend changes or additions to this code of ethics to the city council designed to improve the effectiveness and efficiency of processing ethics questions. D. In rendering opinions under Sections 2.92.070 or 2.92.080 hereof, the ethics officer shall consider the Intent section contained in Section 2.92.010 hereof and in RCW 42.23.010. 2.92.070 Advisory opinions. A. Upon request of any official, the ethics officer shall render written advisory opinions concerning the applicability of Sections 2.92.030 and 2.92.040 hereof. B. Upon request of any official, the ethics officer may also render written advisory opinions concerning the applicability of the code of ethics to hypothetical circumstances and/or situations related to a matter of city -wide interest or policy. C. The ethics officer will endeavor to respond to requests for advisory opinions within fourteen (14) days of submission of the request, or more rapidly if the requester expresses urgency in the request. D. The ethics officer will not render opinions on matters that are the purview of other government agencies such as the public disclosure commission or the King County prosecutor. E. Advisory opinions shall be shared only with the official making the request, unless the requesting official asks that the opinion be shared with other officials. F. if an official reasonably relies on an advisory opinion rendered by the ethics officer, the officials conduct shall not be found to violate this code of ethics, as long as: 1. All material facts have been fully, completely, and accurately presented in a written request for an advisory opinion; 2. The advisory opinion advised in that the described conduct would not violate the code of ethics; and 3. The official's conduct is consistent with the advisory opinion. G. The ethics officer may reconsider the questions and issues raised in an advisory opinion /request and, where the public interest requires, the ethics officer may rescind or modify the opinion; Provided that a rescinded or modified advisory opinion will not form the basis of a retroactive enforcement action. H. If any portion of an advisory opinions is found to be invalid or unenforceable or not within the ethics officer's authority, the remainder of the opinion shall remain intact and in effect, unless the invalidity, unenforceability or lack of authority clearly invalidates the entire opinion. I. All officials subject to this chapter are strongly encouraged to seek advisory opinions from the ethics officer at the earliest possible opportunity whenever an official has reason to believe that his or her circumstances could present a conflict of interest or the appearance of a conflict of interest or any other violation of this chapter. Ordinance No. 6519 July 21, 2014 Page 8 DI.B Page 20 of 28 J. Advisory opinions are subject to the attorney - client privilege. 2.92.080 Complaint procedure. A. Any natural person who believes an official has committed a violation of the code may file a complaint with the city clerk. Complaints shall be subject to the following requirements: 1.. The complaint must be based upon facts within the personal knowledge of the complainant; 2. The complaint must be submitted in writing and signed under oath by the complainant; 3. The complaint must include a detailed factual description of the alleged violation including the date, time and place of each occurrence and the name of the person or persons who are alleged to have committed a violation. The complaint must also refer to the specific provisions of the code of ethics which are alleged to have been violated; 4. The complaint must be accompanied by all available documentation or other evidence known to the complainant to support the allegations of the complaint; 5. The complaint must be filed within two years of the date of the occurrence or occurrences alleged to constitute a violation of the code of ethics. B. Complaints shall be fled with the city clerk who shall forward the complaint and any accompanying documentation and evidence to the ethics officer and the respondent official within two business days. The ethics officer shall review the complaint for compliance with the requirements of subsection (A) of this section. C. Should the ethics officer find that: 1. The complaint is untimely; or 2. The complaint has not been signed under oath; or 3. The complaint does not, on its face, state facts which, if proven to be true, constitute a violation of the provision of this code of ethics referred to in the complaint; or 4. The complaint fails to refer to a specific provision of the code of ethics which is alleged to have been violated; The ethics officer shall, within ten (10) working days of the filing of the complaint, enter a written order stating the ethics officer's findings and, except as hereinafter provided, dismissing the complaint. The written order shall be transmitted to the complainant, the official that is the subject of the complaint, and the city council. If the ethics officer finds that the complaint is deficient pursuant to the findings in subsection (C)(2) or (4) of this section, the ethics officer shall issue an order notifying the complainant that unless a corrected complaint is filed within five days of the issuance of such order, the complaint shall be dismissed. The complainant may appeal the dismissal of a complaint under this subsection by filing an action in the King County superior court for a writ of certiorari pursuant to Chapter 7.16 RCW within ten (10) days of the date of issuance of the order dismissing the complaint. D. The official who is subject of the complaint shall, within twenty (20) days of the date of mailing or personal service of the complaint by the clerk, file with the clerk Ordinance No. 6519 July 21, 2014 Page 9 DI .B Page 21 of 28 any response he or she has to the complaint. A response to a complaint shall be made in writing signed under oath by the official. A response should be accompanied by all available documentation or other evidence known to the official which the official wishes the ethics officer to consider. The official may stipulate to some or all of the facts alleged in the complaint and shall either admit or deny the alleged violation. If the violation is admitted, the official may also submit an explanatory statement and may request a particular disposition. E. Upon receipt of a response to a complaint, the ethics officer shall review the complaint and response, together with all supporting documentation and evidence submitted by the complainant and the official who is subject of the complaint. Within ten (10) days of receipt of the response (or, if no timely response is submitted, within thirty (30) days of the date of mailing the complaint to the official who is subject of the complaint by the city clerk), the ethics officer shall issue a decision in writing, including findings of fact, conclusions of law and a determination of whether any violation of the code of ethics has been established. The final written decision shall be signed and dated by the ethics officer. The city clerk shall deliver a copy of the final written decision to the complainant, the official who is subject of the complaint, the city council and to any other person who has submitted a written request therefor. F. A complaint for ethical violations filed under this chapter shall be considered a claim filed against an official and handled in accordance with City policies and or practices. G. Either the complainant or the official who is subject of the complaint may, within thirty (30) days of the date of the written decision, appeal the decision to the King County Superior Court by writ of certiorari pursuant to Chapter 7.16 RCW. H. If the final decision of the ethics officer contains a determination that one or more violations of this code of ethics have occurred, the decision shall also contain any recommendations of the ethics officer to the city council for any remedial action or sanction that the council may find appropriate and lawful under the council's rules or city policies. If no appeal is filed in superior court, the council in consultation with the city attorney shall, within forty -five (45) days of the date of the decision, determine what, if any, of the recommendations of the ethics officers to adopt. Such determination shall be adopted at an open public meeting by a majority vote of those officials who are not officials who were subject of the complaint(s). Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this leg islation. 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 Ordinance No. 6519 July 21, 2014 Page 10 DI.B Page 22 of 28 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. 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: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6519 July 21, 2014 Page 11 DI.B Page 23 of 28 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6524 Date: July 21, 2014 Department: Legal Attachments: Ordinance No. 6524 Budget Impact: Administrative Recommendation: City Council introduce and adopt Ordinance No. 6524. Background Summary: The current provisions of state law provide for the code of ethics for municipal officers, which code operates where cities may not have the civic codes of ethics. The City Council of the Cty of Auburn, Washington, does not currently have in its city code a specific code of ethics for municipal officers. Ordinance No. 6524 amends Auburn City Code to reflect operative terms with respect to the statutory code of ethics applicable to municipal officers, and any clarifications appropriate for the city Reviewed by Council & Committees: ❑ Arts Commission COUNCIL COMMITTEES: Serv. & CD Works Reviewed by Departments ❑ Building ❑ Cemetery ❑ Finance ❑ Fire ❑ Legal ❑ Public Works ❑ Information Services & Divisions: ❑ M&O ❑ Airport • Finance • Mayor • Hearing Examiner ❑ Municipal • Parks • Human Services • Planning • Planning ❑ Park Board • Public • Police • Planning Comm. ❑ Other ❑ Human Resources Action: Call for Public Hearing _/_I_ Committee Approval: • Yes • No Council Approval: • DYes DNo Referred to Until Tabled Until _I _!_!� Councilmember: Wales Staff: Heid Meeting Date: 07/21/2014 Item Number: DI.B AUBURN * MORE THAN YOU IMAGIW 24 of 28 ORDINANCE NO. 6 5 2 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW SECTION 2.06.070 OF THE CITY CODE RELATING TO THE STATUTORY CODE OF ETHICS WHEREAS, the current provisions of state law provide for the code of ethics for municipal officer, which code operates where cities may not have the civic codes of ethics; and WHEREAS, the City Council of the city of Auburn, Washington, does not currently have in its city code a specific code of ethics for municipal officers; and WHEREAS, it is appropriate for the city code to reflect operative terms with respect to the statutory code of ethics applicable to municipal officers, and any clarifications appropriate for the city. NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Section to City Code. That a new section 2.06.070 of the city code be, and the same hereby is, created to read as follows: 2.06.070 Statutory code of ethics. The provisions of chapter 42.23 of the Revised Code of Washington [Code of ethics for municipal officers -- Contract interests] shall serve as the code of ethics for the city of Auburn unless and until a separate code of ethics is hereafter promulgated and adopted for the City. It is provided, however, that the provisions of this Section shall not prohibit the City from funding, or contributing to the funding for, an event, activity, or function at which public officials attend and/or in which they participate, even if there is a value of such attendance or participation where, and so long as, the city council finds that there is a corresponding benefit to the City to have its public officials attend or participate, and where the city council expressly approves funding, or the contribution towards funding thereof. 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, Ordinance No. 6524 July 21, 2014 Page 1 of 2 DI.B Page 25 of 28 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. 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. ATTEST: Danielle E. Daskam, City Clerk APP,ROV 0 FORM: i Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6524 July 21, 2014 Page 2 of 2 DI .B INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR Page 26 of 28 DI.0 AuBuRN ITY Cdr • \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Project Matrix September 18, 2014 Department: Attachments: Budget Impact: Police Project Matrix $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember: Peloza Staff: Meeting Date: September 22, 2014 Item Number: DI.0 AUBURN * MORE THAN YOU IMAGINED Page 27 of 28 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO. PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. STATUS DATE Suspended until further notice. Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan - Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 1st meeting of the month. provided monthly to the committee for tracking purposes of License sales for measuring the removal of the rabies requirement. The Council Operations Committee /MIT met on 3/18/14. MIT confirmed same fireworks policies as 2013. MIT will pre- announce vendor demonstrations. Review for 2015 rates in November 2014. Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan - Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 2nd Quarterly update to review Marketing Plan. 2nd meeting of the month. NO. ITEM OF INTEREST Annual review of taxation basis to determine if any changes need to be made - dependent upon status of economy. Ordinance No. 6398 was enacted 2/21/12. Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan- 1 Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 2nd Review street sweeping program in 6 months. Review auto theft statistics every 6 months. Last Revision Date: 09/09/2014 E:\ AGENDA\ MunicipalServicesPaperlessPacket\ 2014 \18 - September 22 \Resources \Matrix 10/13/2014.xls 0) c 'o c O 0) c 'o c O 0) c '(3 c 0 0 m v 0 CN c) O v 0 N O Lo CN Lo 11/24/2014 m 10/27/2014 2/10/2015 10/27/2014 v 0 CN c) O 2/23/2015 Bob Lee Bob Lee Shelley Coleman Bob Lee Shelley Coleman Daryl Faber Daryl Faber 70 C 2 c 0 0 Shelley Coleman Randy Bailey Bob Lee Red Light Photo Enforcement Animal Control and Rescue AVHS Board Review and Animal Control Licensing Program Fireworks Update Solid Waste Rate Review Golf Course & Restaurant Review Cemetery Update Ordinance No. 6398 - Pull Tabs SCORE Jail Stats Street Sweeping Schedule Auto Thefts O O N N op N N M o. Page 28 of 28 U 0