HomeMy WebLinkAbout09-22-2014 9-22-2014 COUNCIL OPERATIONS COMMITTEE PACKETWASH I NGTONJ
Council Operations Committee
September 22, 2014 - 2:30 PM
City Hall Conferece Room No. 3
AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
11. CONSENT AGENDA
A. August 11, 2014 Minutes*
111. ORDINANCES
A. Ordinance No. 6532* (Heid)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280, 3.10.028, 5.20.050,
5.20.070, 8.24.040, 10.41.010, 10.64.020, 10.64.090, 10.64.120, 12.04.010,
12.04.050, 12.20.050, 12.32.020, 12.60.040, 12.60.050, 12.60.070, 14.18.030,
14.18.050, 14.18.060, 14.22.040, 14.22.080, 14.22.090, 16.08.020, 17.02.090,
18.08.090, 18.29.070, 18.68.020, 18.76.080, 20.04.030, 20.06.030, and
20.08.030 of the City Code, and amending Chapter 2.06 of the City Code
relating to the change of format of the City Council from Council Committees to
Study Sessions
IV. RESOLUTIONS
A. Resolution 5105* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, amending
the City Council Rules of Procedure as adopted by Ordinance No. 5802 and
amended by Resolution Nos. 4282, 4429, 4467, 4615, 4686, 4740, 4813 And
4090
V. DISCUSSION ITEMS
A. Items previously provided regarding Ordinance No. 6532 and Resolution
No. 5105*
B. Status of the Independent Salary Commission Formation and Action*
VI. 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.
Page 1 of 96
*Denotes attachments included in the agenda packet.
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AuBuRN 1YY OF �
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject:
August 11, 2014 Minutes
Department:
Administration
Attachments:
8 -11 -2014 M inutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 22, 2014
Date:
September 15, 2014
Budget Impact:
$0
Staff:
Item Number: CA.A
CA.A AUBURN * MORE THAN YOU IMAGINED Page 3 of 96
WASHINGTON
Council Operations Committee
August 11, 2014 - 2:00 PM
City Hall Conference Room No. 3
MINUTES
I. CALL TO ORDER
A. Roll Call
Chair Wagner called the Council Operations Committee meeting to
order at 2:00 p.m., in Room 3 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, Community Development and Public Works Director Kevin
Snyder, and Deputy City Clerk Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no agenda modification.
II. CONSENT AGENDA
A. July 28, 2014 Minutes
Vice Chair Peloza moved and Member Wales seconded to approve
the July 28, 2014 meeting minutes.
MOTION CARRIED UNANIMOUSLY. 3 -0
III. DISCUSSION ITEMS
A. Transition from Standing Committees to Study Sessions
The Committee reviewed the staff recommendations. The
Committee requested all staff recommendations be enclosed in a
text boxes on the document.
The Committee discussed documents to be provided to full Council
for their review regarding the potential change from Council
Committees to Council Study Sessions. City Attorney Heid will
Page 1 of 2
CA.A Page 4 of 96
provide the full Council the updated staff recommendations, the
pro /con list and a memo explaining the process.
The Committee requested all draft documents needed to move
forward with the change from Council Committees to Council Study
Sessions be provided at the September Council Operations
Committee meeting. The Committee anticipates moving the
documents forward to full Council for consideration at the October 6,
2014 meeting.
The Committee suggested the full Council hold a training session on
the Study Session process at the September 29, 2014 Committee of
the Whole meeting.
The Committee reviewed Auburn City Code Section 3.10 regarding
the contracting authority of the Mayor. The Committee forwarded to
full Council for consideration the amendments to ACC 3.10
increasing the Mayor's contracting authority to $50,000.00.
IV. ADJOURNMENT
CA.A
There being no further business, the meeting adjourned at 2:56 p.m.
Approved this day of September, 2014.
Rich Wagner, Chair Shawn Campbell, Deputy City Clerk
Page 2 of 2
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AuBuRN ITY Cdr •
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Agenda Subject:
Ordinance No. 6532
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
Ordinance No. 6532
Administrative Recommendation:
Date:
September 15, 2014
Budget Impact:
$0
Approve Ordinance No. 6532
Background Summary:
In connection to changing from Council Committees to Council Study Sessions
changes are required to various sections of the Auburn City Code and the Council
Rules and Procedures.
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 22, 2014
Staff: Heid
Item Number: ORD.A
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 6 of 96
ORDINANCE NO. 6 5 3 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280, 3.10.028,
5.20.050, 5.20.070, 8.24.040, 10.41.010, 10.64.020,
10.64.090, 10.64.120, 12.04.010, 12.04.050, 12.20.050,
12.32.020, 12.60.040, 12.60.050, 12.60.070, 14.18.030,
14.18.050, 14.18.060, 14.22.040, 14.22.080, 14.22.090,
16.08.020, 17.02.090, 18.08.090, 18.29.070, 18.68.020,
18.76.080, 20.04.030, 20.06.030, AND 20.08.030 OF THE
CITY CODE, AND AMENDING CHAPTER 2.06 OF THE
CITY CODE RELATING TO THE CHANGE OF FORMAT
OF THE CITY COUNCIL FROM COUNCIL COMMITTEES
TO STUDY SESSIONS
WHEREAS, the current provisions of the Auburn City Code and the operational
practices of the Auburn City Council include use of Council Committees in advance of
the full city Council's consideration of matters coming before it; and
WHEREAS, the City Council has been considering how it could best operate and
feels that it would be advantageous for the City Council to utilize study sessions where
all Councilmembers will be able to participate in the consideration of different things,
rather than having some matters going to Council Committees in advance of
consideration by the full City Council; and
WHEREAS, in order to accommodate a change of the format from committee
structure to study sessions, it is appropriate that sections of the City Code that provide
for committee structure be amended to accommodate study sessions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 2.03.100 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
Ordinance No. 6532
September 16, 2014
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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 city council and /or or by the committees designated to act on behalf of
the city council, 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.)
Section 2. Amendment to City Code. That Section 2.07.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
2.07.080 Subcommittee structure.
A. The junior city council may informally divide its members into
subcommittees to consider different topics of interest, or into subcommittees that it
deems helpful to its tasks..
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.)
Section 3. Amendment to City Code. That Section 2.12.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
2.12.010 Duties.
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;
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B. Attend meetings, upon request, of all other official boards and
commissions of the city, as well as all standing or ad hoc committees or subcommittees
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 /herself or his /her 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;
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.)
Section 4. Amendment to City Code. That Section 3.04.270 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.04.270 Landscaping and community beautification and gift cumulative reserve
fund — Use.
Ordinance No. 6532
September 16, 2014
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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
mayor. (1957 code § 1.36.200.)
Section 5. Amendment to City Code. That Section 3.04.280 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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
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 mayor shall recommend to the city council the
acceptance or rejection of the gifts or donations. (1957 code § 1.36.210.)
Section 6. Amendment to City Code. That Section 3.10.028 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
3.10.028 Approval 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 mayor to formally initiate the project prior to a call for bids. (Ord. 6147 §
1, 2008; Ord. 5490 § 1, 2000.)
Section 7. Amendment to City Code. That Section 5.20.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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;
Ordinance No. 6532
September 16, 2014
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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.
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 city's director of community
development and public works. Action of the city's director of community development
and public works may be appealed 15 days from date of action to the hearing examiner,
and action of the hearing examiner 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.)
Section 8. Amendment to City Code. That Section 5.20.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
5.20.070 License — Revocation.
A. Any license issued under the provisions of this chapter may be revoked by
the police chief and /or building official 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 or the director of
community development and public works 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 or building official may immediately revoke any license issued
under the provisions of this chapter.
Ordinance No. 6532
September 16, 2014
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ORD.A
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C. Whenever any such license is revoked, the licensee may within 15 days
from date of action file written notice of appeal to the city's director of community
development and public works. Action of the director of community development and
public works may be appealed within 15 days from date of action to the hearing
examiner and action of the hearing examiner shall be conclusive and not subject to
review. (Ord. 4012 § 2, 1984.)
Section 9. Amendment to City Code. That Section 8.24.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
8.24.040 Public display of fireworks.
A. Every public display of fireworks shall be handled by a competent operator
approved by the police chief or his designee and shall be of such character, and so
located, discharged, or fired, that, in the opinion of the police chief or his designee, after
proper investigation, it will not constitute a hazard to property or endanger any person.
Should the police 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 Auburn city council,
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
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.
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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.
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.
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September 16, 2014
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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
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 police chief of a permit for the public display of fireworks
may be appealed to the Auburn city council. (Ord. 5679 § 1, 2002; Ord. 5385 § 6, 2000;
Ord. 3976 § 8, 1984. Formerly 8.24.080.)
Section 10. Amendment to City Code. That Section 10.41.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.41.010 Restricted parking zones — Establishment.
A. In conformity with the standards and policies of the city council, the city
engineer is authorized to establish and remove restricted parking zones when, in the
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city engineer's professional judgment, a restricted parking zone will reduce or eliminate
a parking problem and the public interest will be served. The city engineer shall report to
the mayor and city council any such changes to parking zones.
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.)
Section 11. Amendment to City Code. That Section 10.64.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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. (Ord. 3311 § 2, 1978.)
Section 12. Amendment to City Code. That Section 10.64.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
10.64.090 Appeal procedure.
Any person aggrieved shall have the right to appeal the denial of a parade permit
to the city council. The appeal shall be taken within three days after notice of denial.
The city council shall act upon the appeal within seven days after its receipt. (Ord. 3713
§ 6, 1981; Ord. 3311 § 7, 1978.)
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Section 13. Amendment to City Code. That Section 10.64.120 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 police chief and the city engineer 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 police
chief or the city engineer 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.)
Section 14. Amendment to City Code. That Section 12.04.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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.
B. Adopted — Engineering Design Standards. The engineering design
standards as approved by thecity council, supplemented and amended by the city
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engineer for specific design applications to the extent authorized by the city council
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.)
Section 15. Amendment to City Code. That Section 12.04.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 city council. 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.
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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
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.)
Section 16. Amendment to City Code. That Section 12.20.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
12.20.050 Width.
Unless deviation is granted by 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.)
Section 17. Amendment to City Code. That Section 12.32.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 city
engineer, 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.)
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Section 18. Amendment to City Code. That Section 12.60.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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.
D. Issuance of right -of -way use permits that involve downtown, community
impacts, full street closures, or uses with policy implications shall require approval of the
city engineer.
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.)
Section 19. Amendment to City Code. That Section 12.60.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 approval of the
city engineer.
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.)
Section 20. Amendment to City Code. That Section 12.60.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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.
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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 approval of the city engineer.
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:
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.)
Section 21. Amendment to City Code. That Section 14.18.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 city's hearing examiner. 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:
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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.)
Section 22. Amendment to City Code. That Section 14.18.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.18.050 Hearing examiner.
The hearing examiner, 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 hearing
examiner 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.)
Section 23. Amendment to City Code. That Section 14.18.060 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.18.060 City council review.
A. Upon receipt of the hearing examiner's recommendation, the city council
shall, at its next public meeting, approve, remand the recommendation to the hearing
examiner 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 hearing examiner's recommendation.
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 hearing examiner's 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.)
Section 24. Amendment to City Code. That Section 14.22.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
14.22.040 Definitions.
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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 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.)
Section 25. Amendment to City Code. That Section 14.22.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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.
B. Annually, the director shall review such suggestions with the city council
and determine whether to direct them to the planning commission for consideration. The
city council 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;
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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.)
Section 26. Amendment to City Code. That Section 14.22.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 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;
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.)
Section 27. Amendment to City Code. That Section 16.08.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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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. "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.
C. "Director" means the director of community development and public works
of the city, or his /her 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.)
Section 28. Amendment to City Code. That Section 17.02.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
17.02.090 Amendments.
A. Initiation of Amendments.
1. 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
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.
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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, 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.)
Section 29. Amendment to City Code. That Section 18.08.090 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 director of community development and public works 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 director or of community
development and public works.If, in the estimation of the director of community
development and public works, the proposed change is minor, then the proposed
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change shall be forwarded directly to the city council for its consideration. If, in the
estimation of the director of community development and public works, the change is
major, the proposed change shall be referred to the planning commission which shall
conduct a public hearing and make a recommendation to the city council. (Ord. 6382 §
2, 2011.)
Section 30. Amendment to City Code. That Section 18.29.070 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 city
council. (Ord. 6419 § 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6
(Exh. A), 2007.)
Section 31. Amendment to City Code. That Section 18.68.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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 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 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
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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.)
Section 32. Amendment to City Code. That Section 18.76.080 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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
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 city council
whether the variation should be approved. The city council 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.
Ordinance No. 6532
September 16, 2014
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ORD.A
Page 27 of 96
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.)
Section 33. Amendment to City Code. That Section 20.04.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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
Ordinance No. 6532
September 16, 2014
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Page 28 of 96
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 city council. The city clerk will notify the applicant in
writing of the scheduled meeting. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Section 34. Amendment to City Code. That Section 20.06.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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
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 city council.
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.)
Section 35. Amendment to City Code. That Section 20.08.030 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
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
Ordinance No. 6532
September 16, 2014
Page 23
ORD.A
Page 29 of 96
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 process for
consideration of the matter by the city council. Once an acceptable draft lease
agreement has been prepared, the city clerk will schedule a hearing before the city
council, and the city clerk will notify the applicant in writing of the scheduled hearing.
(Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Section 36. Amendment to City Code. That Chapter 2.06 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
Chapter 2.06
CITY COUNCIL
Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.045
2.06.050
2.06.060
Meetings — Time.
Meetings — Place.
Regular meetings.
Special meetings.
Committee of the whole meetings.
Meetings — Attendance failure — Office forfeiture.
Rules of procedure of the city council.
2.06.010 Meetings — Time.
A. Regular City Council Meetings. Commencing with the first regular council
meeting in January, 1984, the city council shall hold regular meetings on the first and
third Mondays of each month, at 7:00 p.m. and concluding no later than 11:00 p.m.;
provided, however, that when the day fixed for any regular meeting of the council falls
upon a day designated by law as a legal or national holiday, such meetings shall be
held at the same hour on the next succeeding day not a holiday.
B. Council Study Sessions. Commencing in November 2014, the city council
shall hold, as regular meetings, study sessions on the second and fourth Mondays of
each month, at 5:30 p.m. and concluding no later than 8:30 p.m.; provided, however,
'For statutory provisions on council meetings in code cities, see RCW 35A.12.110 and 35A.12.120; for provisions
on forfeiture of office, see RCW 35A.12.060.
Ordinance No. 6532
September 16, 2014
Page 24
ORD.A
Page 30 of 96
that when the day fixed for any regular meeting of the council falls upon a day
designated by law as a legal or national holiday, such meetings shall be held at the
same hour on the next succeeding day not a holiday. (Ord. 5802 § 1, 2004; Ord. 3916 §
1, 1983; 1957 code § 1.04.010.)
2.06.020 Meetings — Place.
Except as specifically set in locations in Auburn other than at City Hall for
particular meetings, and with appropriate public notice, all regular meetings of the city
council, including regular council meetings and study sessions, shall be held in the
council chambers situated in the City Hall building, 25 West Main Street, Auburn, King
County, Washington, and shall be open to the general public. (Ord. 5802 § 1, 2004;
Ord. 3759 § 1, 1982; 1957 code § 1.04.020.)
2.06.030 Regular meetings.
Regular meetings of the city council shall be held on the times and dates as may
be heretofore or hereafter set forth by ordinance. (Ord. 5802 § 1, 2004; 1957 code §
1.04.060.)
2.06.040 Special meetings.
Special meetings 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. (Ord. 5802 § 1,
2004; 1957 code § 1.04.070.)
2.06.045 Committee of the whole meetings.
Committee of the whole, consisting of the entire membership of the city council
and the deputy mayor as presiding officer, shall meet at 5:30 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 or deputy 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 or special reports or
presentations that do not lend themselves to the agendas of study sessions or 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.)
2.06.050 Meetings — Attendance failure — Office forfeiture.
Ordinance No. 6532
September 16, 2014
Page 25
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Page 31 of 96
A councilmember shall forfeit his /her office if he fails to attend three consecutive
regular meetings of the council without being excused by the mayor. (Ord. 5802 § 1,
2004; Ord. 2907 § 2, 1976.)
2.06.060 Rules of procedure of the city council.
The rules of procedure of the city council of Auburn, Washington, shall be as
approved by a majority vote of the city council. (Ord. 5802 § 1, 2004.)2
Section 37. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 38. Severabilitv 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.
Section 39. 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
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
2 The rules of procedure of the city council are adopted by reference as Exhibit "A" to Ordinance 5802, and may be
found on file in the city clerk's office.
Ordinance No. 6532
September 16, 2014
Page 26
ORD.A
Page 32 of 96
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6532
September 16, 2014
Page 27
ORD.A
Page 33 of 96
AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution 5105 September 17, 2014
Department: Attachments: Budget Impact:
Administration Resolution Na 5105 $0
ExhibitA - Coundl Rulesand Procedures
Administrative Recommendation:
Approve Resolution No. 5105
Background Summary:
In connection to changing from Council Committees to Council Study Sessions
changes are required to various sections of the Auburn City Code and the Council
Rules and Procedures.
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 22, 2014
RES.A
Staff: Heid
Item Number: RES.A
AUBURN * MORE THAN YOU IMAGINED Page 34 of 96
RESOLUTION NO. 5 1 0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL
RULES OF PROCEDURE AS ADOPTED BY ORDINANCE
NO. 5802 AND AMENDED BY RESOLUTION NOS. 4282,
4429, 4467, 4615, 4686, 4740, 4813 and 4090
WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance
No. 5802 approving the Rules of Procedure of the City Council; and
WHEREAS, Ordinance No. 5802 also provided that future amendments or
modifications to the Council Rules of Procedure could be accomplished by Resolution
properly introduced and passed by the City Council; and
WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6,
2010, February 22, 2011, August 15, 2011, May 21, 2012, and February 19, 2013, the
City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813
and 4909, respectively, which Resolutions adopted certain modifications to the Council
Rules of Procedure; and
WHEREAS, in connection with the change of City Council Meeting formats from
Council Committees to Council Study Sessions, the Council Operations Committee has
recommended additional modifications to the Rules of Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Rules of Procedure of the City Council, as adopted by
Ordinance No. 5802 on February 2, 2004, amended by Resolution No. 4282 on
December 12, 2007, Resolution No. 4429 on December 15, 2008, Resolution No. 4467
Resolution No. 5105
September 17, 2014
Page 1 of 2
RES.A Page 35 of 96
on April 6, 2009, Resolution No. 4615 on July 6, 2010, Resolution No. 4686 on
February 22, 2011, and Resolution No. 4740 on August 15, 2011, Resolution No. 4813
on May 21, 2012, and Resolution No. 4090 on February 19, 2013, are hereby amended
as set forth in Exhibit "A ", attached hereto and incorporated herein.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force and effect upon
passage and signature hereon.
DATED and SIGNED this day of , 2014.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 5105
September 17, 2014
Page 2 of 2
RES.A Page 36 of 96
Exhibit A — Resolution No. 5105
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION 14
SECTION 15
SECTION 16
SECTION 17
SECTION 18
SECTION 19
SECTION 20
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
AUTHORITY 1
COUNCIL MEETINGS 1
ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 3
COUNCILMEMBER ATTENDANCE AT MEETINGS
PRESIDING OFFICER - DUTIES
COUNCILMEMBERS
DEBATES
PARLIAMENTARY PROCEDURES AND MOTIONS
VOTING
COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
PUBLIC HEARINGS AND APPEALS
DEPUTY MAYOR SELECTION PROCESS
COUNCIL POSITION VACANCY
COUNCIL MEETING STAFFING
COUNCIL RELATIONS WITH STAFF
8
9
10
11
12
14
14
15
16
16
17
17
COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY
BOARDS 18
COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 21
TRAVEL AUTHORIZATION 24
CONFIDENTIALITY 24
ENFORCEMENT OF RULES OF PROCEDURE 25
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.
Page 1
RES.A
Page 37 of 96
Exhibit A — Resolution No. 5105
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 Code'.
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.
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).]
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 (regular meetings, study sessions and committees of the whole) 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.)
Page 2
RES.A
Page 38 of 96
Exhibit A — Resolution No. 5105
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).]
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.
In connection with the action of the city Council at Regular Council Meetings, certain
items of business shall be subject to first and second readings prior to final approval by
the city Council
Page 3
RES.A
Page 39 of 96
Exhibit A — Resolution No. 5105
3.1 The protocol for first and second readings shall be as follows:
A. First and second readings applies to Ordinances only.
B. Resolutions /consent items /contract awards, etc. would still be acted on at
only one Regular Council Meeting:
C. Ordinance action, especially those resulting in changes to City codes – to
which First and Second Readings would apply – may take more
consideration and discussion than other types of action.
D. First and Second Readings would be beneficial to a transparent public
process.
E. First Reading — discussion only at one Regular Council Meeting.
F. Second Reading — action at next Regular Council Meeting or could be a
future subsequent Council meeting depending on Council's discussion
and any needed staff follow -up.
G. Provides Council with opportunity to ask questions and get information at
First Reading.
3.2 The agenda format of the Regular City Council meeting shall be as follows:
Page 4
RES.A
A. Call to order.
The Presiding Officer shall call the meeting to order.
B. 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.
C. Flag salute.
The Presiding Officer, Councilmembers and, at times, invited guests will
lead the flag salute.
D. 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.
Page 40 of 96
Exhibit A — Resolution No. 5105
E. 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.
F Agenda modifications
Changes to the Council's published agenda are announced at this time.
G. 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.
H. 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.
Correspondence
J. Consent Agenda
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RES.A
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Exhibit A — Resolution No. 5105
Page 6
RES.A
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.
1 Approval of minutes.
2. Fixing dates for public hearings and appeals.
3. Approval of claims and vouchers, bid awards and contracts.
4. Approval of surplus property.
5. Other items designated by the City Council.
K Unfinished Business
Unfinished business of a general nature.
L. New Business
Business, other than ordinances and resolutions, that has not been
previously before the City Council.
M. 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.
Prior to the vote on a motion to adopt or otherwise address an Ordinance,
each Ordinance shall be submitted to the City Council for its consideration
for a First and Second reading. In both instances, for first and second
readings, the ordinances shall be included in the Agenda under
"Ordinances." A motion shall be made on the Ordinance in advance of any
discussion or consideration by the City Council on the Ordinance;
provided that unless the second reading is waived by a motion duly made,
Page 42 of 96
Exhibit A — Resolution No. 5105
Page 7
RES.A
seconded and approved by a majority of the City Council, the vote on a
motion to approve an Ordinance, or a motion to take other action
regarding the Ordinance shall not be taken until after the second reading
of the ordinance. For the purposes hereof, the first and second reading
requirements shall be satisfied by the reading of the title of the ordinance,
unless a request for a full reading of the Ordinance has been made or
formal reading of the title has been waived as provided for herein above.
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 preliminary Council discussion or 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 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.
N. 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
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councilmember may choose to comment on any results of preliminary
Council discussion or 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.
O. Adjournment
3.3. 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).]
SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS
4.1 Councilmembers shall attend Regular Council meetings and Study Sessions.
Councilmembers shall inform the Mayor or the City Clerk if they are unable to
attend any Regular Council meeting or Study Sessions, or if they knowingly will
be late to any such meetings. 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, continued or prolonged absences may be
addressed by the City Council on a case by case basis.
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Councilmembers are expected to attend the meetings of the Ad -Hoc and
Standing Council Committees to which they are assigned, including meetings of
the Council Committee of the Whole to which all Councilmembers are assigned.
Councilmembers should inform the Chair of such Council Committees or the City
Clerk if they are unable to attend any meetings of such Council Committees, and
should inform the Chair or City Clerk if they expect to 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 shall show the Councilmember as having an excused absence for that
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meeting. Provided that excessive, continued or prolonged absences may 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, shall 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
expect to 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 shall show the Councilmember as having an
excused absence for that meeting. Provided that excessive, continued or
prolonged absences may 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
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. Additionally, the Deputy Mayor shall serve as the
presiding officer for meetings of the Council Committee of the Whole.
[See former ACC 2.06.090 (1957 code § 1.04.100).]
5.2 The Presiding Officer:
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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,
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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 Questioning. - Any member of the Council, including the Presiding Officer, shall
have the right to question any individual, including members of the staff, on
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.
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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.
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).]
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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
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
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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.
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.
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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).]
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).]
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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.
11.2 Public hearings where a general audience is in attendance to present arguments
for or against a public issue:
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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.
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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 the Chair of the Council Operations Committee (a standing committee
of the City Council)
• Serve as an ex- officio member of all other standing and ad -hoc 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 Council 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
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
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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.
15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in
the selection of personnel, the awarding of contracts, the selection of
consultants, the processing of development applications or the granting of City
licenses or permits. Councilmembers may, at the request of the Mayor,
participate in discussions and decisions related to these matters.
15.5 Other than through legislative action taken by the Council as a whole, individual
Councilmembers shall not interfere with the operating rules and practices of any
City department.
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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.
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 STUDY SESSIONS, COMMITTEES
AND CITIZEN ADVISORY BOARDS
16.1 In addition to the regularly scheduled City Council meetings (Regular Council
Meetings) scheduled on the first and third Mondays of the month, City Council
shall regularly schedule Study Sessions on the second and fourth Mondays of
the month for review of matters that would come back before the city Council at
Regular Council Meetings. Different than the format for Regular Council Meetings
(identified in Section 3 hereof), Study Sessions shall be less formal than Regular
Council Meetings and shall give the City Council the opportunity to discuss and
debate issues coming before it for action at Regular Council meetings. In addition
to these regularly scheduled regular Council meetings and study sessions, the
City Council shall also schedule Council Committee of the Whole meetings on
fifth Mondays of the month. The format for these meetings shall be as follows:
A. Meeting Format:
1. First meeting of the month - Regular Council meeting - - 7:00 PM.
2. Second meeting of the month - Council Study Session - - 5:30 PM
3. Third meeting of the month - Regular Council meeting - - 7:00 PM.
4. Fourth meeting of the month - Council Study Session - - 5:30 PM
5. Fifth meeting of the month - Council Committee of the Whole - -
5:30 PM. 2
B. Study Sessions should conform to the following:
1. Two and one half hours maximum timeframe (goal).
2 Committee of the Whole meetings may be cancelled if not needed, but would be regularly scheduled.
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2. Maximum of five agenda items (goal).
3. Timeframe per agenda item - up to 30 to 40 minutes.
4. Meeting facilitation - the Mayor shall preside over /conduct Study
Sessions.
5. Agenda items should relate to future policy- making, strategic
planning or key state or federal issues affecting current or future
city operations.
6. Agenda items should be substantive only (e.g., traffic impact fee
increase proposals, comprehensive plan updates, rather than day -
to -day operational issues. [Non- substantive items (e.g., accepting a
grant, authorizing contract bidding, etc.) should go directly to the
Regular City Council meeting.
16.2 The Standing Committee of the City Council of the City of Auburn is as follows:
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COUNCIL OPERATIONS COMMITTEE:
There is created and established as a Standing Committee of the City
Council a Council Operations Committee for the City Council, the
appointment, duties and functions thereof to be as follows:
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.
2. Powers and Functions. The function of the Council Operations
Committee is to supervise the formation and membership of all standing
and ad -hoc committees of the City Council. The Council Operations
Committee shall recommend, subject to the approval of a majority of the
entire City Council, the establishment of standing and ad -hoc committees
of the City Council and designation of the Chairs and Vice Chairs thereof..
The membership of all standing and ad -hoc committees of the City
Council shall consist exclusively of Councilmembers.
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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.
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).]
16.3 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.
16.4 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.
16.5 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.
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16.6 Committee Chairpersons shall have broad discretion in conducting their
meetings. They will generally follow Roberts Rules of Order, Newly Revised.
16.7 Unless otherwise expressly provided for a standing or ad hoc committee of the
City Council, such committees shall not receive public testimony or allow
audience participation in connection with or related to the agenda item being
discussed by the Committee,. Unless otherwise expressly provided for such
standing or ad hoc committee, it is the intention of the City Council that such
standing or ad hoc committees function informally and not in any way that takes
action in lieu of or on behalf of the full City Council. The purpose and function of
such standing and ad hoc committees shall be to review matters in advance of
their consideration by the full City Council, and perhaps record and make
recommendations to the full City Council. With that, it is the intention that these
committees operate informally, without the need for compliance with the Open
Public Meetings Act (Chapter 42.30. RCW).
16.8 Committee Chairpersons shall approve all agenda items and may, at their
discretion, remove or add agenda items during the course of the meeting.
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
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Exhibit A — Resolution No. 5105
City without the prior approval of the City Attorney, unless the Councilmember is
individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember's role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act, to assure that
communication on agenda items occurs to the greatest extent possible
at the public meetings, and to avoid even the perception that email is
being used in a way that could constitute a public meeting, e.g.,
successive communications on City Council topics that involve a quorum
of the Councilmembers. Councilmembers should refrain from emailing
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming Council
agendas at the public meetings. If Councilmembers wish to share
information with other councilmembers about matters that are on
upcoming agendas, the councilmembers should forward that information
to the Mayor for distribution in the council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the
scope of the City Council's authority or related to City business, but not
yet scheduled on upcoming Council agendas, to indicate a desire that
certain items be included on upcoming meeting agendas; provided that
Councilmembers shall never ask for responses from the other
Councilmembers in that communication.
C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient /addressee.
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet & Electronic Resources /Equipment Use.
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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
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Exhibit A — Resolution No. 5105
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RES.A
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.
(3)
Electronic communications that are intended to be shared among a
quorum of the City Council or of a standing or ad -hoc 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
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Exhibit A — Resolution No. 5105
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 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.
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.
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Exhibit A — Resolution No. 5105
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.
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Exhibit A — Resolution No. 5105
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
Page 26
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DI.A
AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Items previously provided regarding Ordinance No. 6532 September 18, 2014
and Resolution No. 5105
Department:
Administration
Attachments:
M eetinq Concept
Staff Recomendations
Study Session Memo
Pro/Con List
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Budget Impact:
$0
Councilmember: Staff:
Meeting Date: September 22, 2014 Item Number: DI.A
AUBURN * MORE THAN YOU IMAGINED Page 63 of 96
Auburn City Council
Regular Meeting /Study Session Alternative Business Practice
Conceptual Format
Meetings Format
• First Meeting of the Month — Regular Council Meeting - - 7:00 p.m.
• Second Meeting of the Month — Council Study Session - - 5:30 p.m.
• Third Meeting of the Month — Regular Council Meeting - - 7:00 p.m.
• Fourth Meeting of the Month — Council Study Session - - 5:30 p.m.
• Fifth Monday of the Month — Council Committee of the Whole - - 5:30 p.m.'
Study Sessions — Key Aspects
• 2. Hour Maximum (goal) Timeframe
• Maximum (goal) 5 agenda items
• Timeframe per agenda item – up to 30 to 40 minutes
• Meeting facilitation — Mayor shall preside over /conduct Study Sessions
• Agenda Items:
• Should be related to future policy- making, strategic planning or key state
or federal issues affecting current or future City operations
• Substantive only (e.g. traffic impact fee increase proposal, comprehensive
plan update)
• Non - substantive items (e.g. acceptance of a grant, contract bidding)
should go directly to City Council
Institute First/Second reading business, protocol at Regular Council Meetings:
• Applicable to Ordinances only
• Resolutions /consent items /contract awards, etc. would still be acted on at only
one Regular Council Meeting:
o Ordinance action, especially those resulting in changes to City codes – to
which First and Second Readings would apply – may take more
consideration and discussion than other types of action
o First and Second Readings would be beneficial to a transparent public
process
• First Reading — discussion only at one Regular Council Meeting
• Second Reading — action at next Regular Council Meeting or could be a future
subsequent Council meeting depending on Council's discussion and any
needed staff follow -up2
• Provides Council with opportunity to ask questions and get information at First
Reading
1 Committee of the Whole meetings may be cancelled if not needed, but would be regularly scheduled.
2 If action is needed to be taken more promptly, the City Council could by motion duly made and seconded and
passed by a majority of Councilmembers present, suspend the rules and take action at First Reading
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STAFF RECOMMENDATIONS FOR CITY CODE & BUSINESS PRACTICE
CHANGES — COUNCIL STUDY SESSION FORMAT
COMMITTEE STRUCTURE
The City Council, itself, operates in a committee structure - it operates as a collective
among its members. That is, it operates by the participation of its members moving,
approving and adopting action - passing resolutions and ordinances, approving
contracts and policies. These are done in the collective among the Council body, by
motion, second, discussion and vote.
Aside from, and as a part of the City Council itself, it can utilize committees, as needed,
to aid in its roles and functions. Those committees could include (1) Committee of the
Whole, (2) Standing Committees and (3) Ad Hoc Committees.
COMMITTEE OF THE WHOLE
The Committee of the Whole involves the full membership of the City Council and is
similar to the (regular) City Council meetings except as limitations may be placed upon
this committee structure, e.g., not used for taking formal action, used for lengthy
presentations to the City Council, etc.
STANDING COMMITTEES
Standing Committees - similar to what the City Council now uses - Public Works,
PCDC, Municipal Services, Finance, etc. Consistent with other information provided to
the City Council, there are pros and cons in connection with keeping the current
Standing Committee structure versus moving to a Study Session format. However,
there may still be the need for a Standing Committee such as, for instance, the Council
Operations Committee which has a unique function to the City Council. However, the
formality with which a committee is formed is one of the factors that relates to whether it
must comply with the Open Public Meetings Act and whether it triggers quorum
considerations, something that has been a challenge for councilmembers. The more
that the City Council can move away from Standing Committees, the more easily it will
be able to address its issues without having to contend with the artificial limit of a two -
person quorum triggering Open Public Meetings Act concerns.
Staff recommended that the only Standing Committee be the Council
Operations Committee.
AD Hoc COMMITTEES
Ad Hoc Committees - committees set up for a specific or limited purpose - could be set
up to address specific issues or to function for only that period of time related to the
purposes for which it was established.
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The City Council, during a Study Session [following the consensus of a majority of the
Councilmembers] or at a Regular City Council meeting [following the vote of a majority
of the Councilmembers], may establish an Ad Hoc Committee comprised of 2 to 3
Councilmembers maximum.' The Committee should be formed to conduct substantive
research or review on a specific national, regional or local issue or project and advise
the City Council on the findings of their efforts. A Committee should only be formed if
the issue or project is of a significant nature warranting the additional commitment of
Councilmembers' time and energy. A Committee should perform its service for a limited
duration of time within the timeframe established as part of the initial Council consensus
(e.g. report back in 90 days to the full City Council).
The Mayor should identify and assign the appropriate staffing resources to support an
Ad Hoc Committee, if applicable. The Ad Hoc Committee should not give direction to
involved staff to conduct any supporting work unless approved by the Mayor. If the
Committee wants additional staff work or staff support, the Committee should make a
request directly to the Mayor. NOTE: Asking for information is not giving direction.
Councilmembers are entitled to ask staff for information about city issues, and staff
should endeavor to provide such information in a prompt and reasonable manner.
When the need for an ad hoc committee is identified by the City Council, the Mayor
shall appoint the members of the Ad Hoc Committee. The Mayor may solicit volunteers
among Council members to serve on the Ad Hoc Committee. However, the Mayor is
expected to appoint to the Ad Hoc Committee those members of the City Council who
the Mayor feels would be best able to meet the needs of and purposes for the Ad Hoc
Committee. When the Mayor appoints members of the Council to an Ad Hoc
Committee, the Mayor shall also appoint the City Councilmember who shall serve as
chair of the Ad Hoc Committee.
OPEN PUBLIC MEETINGS ACT IMPLICATIONS
An Ad Hoc Committee would not be required to follow the Open Public Meetings Act so
long as there will not be a quorum of the full City Council, and so long as it understands
that it does not — cannot take public testimony or receive statements from the public
If the City Council wished for its Ad Hoc Committee to solicit or receive public comment
or take public testimony in connection with its Ad Hoc Committee functions, the
committee would fall within the parameters of the Open Public Meetings Act and its
meetings would need to comply with the Act - its meetings would need to be recorded
and they would trigger quorum limitations.
Ad Hoc Committees that only review material or information that will be coming before
the full City Council and that only make recommendations to the City Council do not fall
under the requirements of the Open Public Meetings Act.
1 The reason for the 2 to 3 councilmember committee membership is to avoid a quorum issue regarding the full
City Council, where for members constitute a quorum of the City Council.
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It is, nevertheless, important for the City Council to receive public input and information
coming from citizens of the City. The City Council's use of citizen taskforces, boards
and commissions, operating pursuant to the Open Public Meetings Act provides a
valuable mechanism for receiving that public input.
How AD Hoc COMMITTEES COULD WORK
An informal Ad Hoc Committee intended to operate outside the Open Public Meetings
Act could function as follows:
• The Ad Hoc Committee would be comprised of 2 to 3 members of the City
Council (a number less than the quorum of the full City Council);
• Ad Hoc Committee would (only) consider information and materials provided to it
by staff in response to the purpose for which the Ad Hoc Committee was
established;
• Ad Hoc Committee would not receive public comment or take public testimony at
its meetings (to the extent that if members of the public were in attendance at the
Ad Hoc Committee's meetings, they would need to understand that the meeting
would not accommodate public comment or statements from the public)2;
• Ad Hoc Committee would take no action on behalf of or instead of the full City
Council, but would report its findings to the full City Council and make its
recommendations to the full City Council.
MEETING FOCUSES
Meeting focuses for Council study sessions should be on substantive policy, financial,
risk management, organizational or strategic planning issues, projects and initiatives.
Presentations may be given by outside individuals or parties if they are germane and
relevant to the substantive topic being discussed. Individuals or organizations that are
interested in giving general updates or program overviews or are seeking Council
support for a particular matter should be directed by the Mayor's Office to give these
presentations at a Regular Council Meeting or at a meeting of the Council Committee of
the Whole.
RIGHT -OF -WAY PERMITS
ACC 12.60 (Right -of -Way Permits) currently specifies that the Public Works Committee
is involved in the consideration of certain Type B short -term right -of -way permits (ACC
12.60.040) and Type C long -term permits (ACC 12.60.050). Specifically these are
permits that involve downtown, community impacts, full street closures, or uses with
policy implications. The issuance of right -of -way permits is a technical action that can be
conducted under the direction and the authority of the City Engineer.
2 The limitation of public comment and public testimony is crucial in order for the Ad Hoc Committee to function
outside the requirements of the Open Public Meetings Act.
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Staff would recommend eliminating current City Code references to the
involvement of the Public Works Committee in the issuance of right -of -way
permits, and that the City Council authorize the City Engineer to issue Right -of-
Way Permits in conformity with Council policy.
UTILITY SERVICE WATER LEAK ADJUSTMENTS
There are no current City Code regulations that direct the process for the conduct of
utility service water leak adjustments. Rather, the City's policy pertaining to utility
service water leak adjustments is contained in Administrative Policy and Procedure 100-
52 that is issued by the Mayor's Office.
Section 4.8 of Administrative Policy and Procedure 100 -52 specifies that if a customer
disputes the decision to deny the adjustment or the approved adjustment amount
exceeds $500.00, he or she may submit a written request to the Finance Director for an
administrative review of the adjustment request by the City Council Public Works
Committee. This Section further states that leak adjustments will be considered by the
Public Works Committee including additional adjustments of 50% of the remaining water
portion over $500.00. This Section specifies that recommendations for leak adjustments
made by the Public Works Committee will be submitted to the full City Council for final
consideration and approval.
The inclusion of the Public Works Committee and the City Council in the appeal process
for utility service water adjustment appeals is a business practice that is not required by
current City Code or mandated by statute. The Finance Director is responsible for the
management of the City's water utility billing system and can effectively exercise
professional judgment in any appeals of a decision to deny an adjustment or if the
approved adjustment amount exceeds $500.00.
Staff recommends that Section 4.8 of Administrative Policy and Procedure 100-
52 be revised to eliminate references to the Public Works Committee and City
Council with the launch of the new Council study session format.
It is also recommended that the City Council authorize the Finance Director to
make water leak adjustments in conformity with Council policy, and with any
appeals going to the Mayor or designee.
CONSTRUCTION CONTRACTS
Chapter 3.10 (Purchasing Policy) of the Auburn City Code comprises the City's current
purchasing policies. ACC 3.10.020 (Expenditure Limits) specifies that for contracts with
total dollar amounts up to $5,000.00, authority rests at the department director level. It
further specifies that for all contracts over $5,000.00, up to $25,000.00, and contracts
for goods and services that have been individually and separately listed in the city's
annual budget shall be approved and signed by the mayor prior to purchase order
issuance or placement of an order with vendors. For all unbudgeted expenditures not
individually and separately listed in the City's annual budget in excess of $25,000.00,
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approval shall be obtained from the Mayor, the appropriate council committee and the
city council and that such committee approval shall be reflected in the committee
minutes.
Staff notes that current City code authorizes the Mayor to sign contracts for all goods
and services that have been individually and separately listed in the City's annual
budget process. The current business practice of the Public Works Committee
reviewing all contracts for goods and services including those listed in the City's budget
is not a requirement of current City code. The City Council determines whether these
goods and services will be funded as part of the approval of the City's budget or any
adjustments. From this point, the Mayor, working with the appropriate Department and
City Attorney's Office, should, in conformance with current City code, be able to
coordinate the execution of all required contracts.
Staff would recommend that this business practice be eliminated with the
launch of the new Council study session format and that the Council rely upon
the professional expertise of the Mayor and staff in executing contracts for
goods and services (i.e. all capital projects and professional services budgets
for all Departments) that have been individually and separately listed in the
City's budget.
Current City code specifies that unbudgeted expenditures not individually and
separately listed in the city's annual budget in excess of $25,000.00, approval shall be
obtained from the Mayor, the appropriate council committee and the city council.
Because the specified amount of $25,000.00 exceeds the Mayor's current expenditure
limit, these items will require separate City Council action. The elimination of the Public
Works Committee review of these types of expenditures will in effect remove a process
step resulting in greater time and cost efficiencies.
Staff would recommend that this code language be eliminated with the launch
of the new Council study session format and that contracts for goods and
services that are not individually and separately listed in the City's budget and
in excess of $25,000.00 proceed directly to Council for consideration.
Section 3.10.028 (Approval by Council Committee of Asset and /or System Expansion,
Additions and Betterments) of the Auburn City Code specifies that asset and /or system
expansions, additions, and betterments that have been recognized as authorized capital
projects exceeding $25,000.00 in the budget shall be reviewed by the appropriate
council committee to formally initiate the project prior to a call for bids.
Staff would recommend that this code language be eliminated with the launch of
the new Council study session format and that the Council rely upon the
professional expertise of the Mayor and staff to initiate actions related to project
bidding asset and /or system expansions, additions, and betterments that have
been recognized as authorized capital projects exceeding $25,000.00 in the
budget.
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Section 3.12.034 requires that the City Council award construction contracts in excess
of $25,000 therefore, contracts for these initiated projects would need to be reviewed
and approved by the full City Council prior to these projects moving forward.
Sections 3.12.011 (Formal Advertisement Required) and 3.12.020 (Advertising
Procedures) of the Auburn City Code contain the City's current regulations pertaining to
the advertising of public works projects in excess of $200,000.00. Current code
language in these sections does not specify that the Public Works Committees must
grant approval to advertise. Rather, this is a current business practice with no code
basis.
Staff would recommend that this business practice be eliminated with the
launch of the new Council study session format.
The full City Council would review and approve or disapprove any public works
construction contracts as allowed by City Code.
Section 3.12.034 (Procedure for Utilization of Small Works Roster) of the Auburn City
Code currently requires the City Council award all construction contracts in excess of
$25,000.00. Contracts under $25,000.00 are awarded by the Director. Current state law
has several limits related to construction contracting as it relates to our "code city"
status as follows:
1. Under Bid Limits: up to $40,000.00 for single trade and $65,000.00 for multiple
trade
2. Limited Public Works: up to $35,000.00
3. Small Works: up to $300,000.00
City code currently restricts small works limits to up to $200,000.00 and is more
restrictive than state law. Staff uses the various limits identified above and the
differences in the contract requirements provided by each option to determine the
appropriate type of contract to issue for each project.
Staff would recommend that the limitation on the award of construction
contracts by the Director be adjusted to be in line with State bid limits for
budgeted projects and that the small works limits be revised to reference the
appropriate RCW limits so that as state law changes staff can make the most
efficient and effective use of the options available for contracting work.
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CONSULTANT AGREEMENTS
Section 2.03.030 (Powers and Duties Generally) of the Auburn City Code currently
authorizes the Mayor to negotiate and /or award contracts falling within the budget
authority of the Mayor per Section 3.10.020 and indicates that these contracts may be
taken to the City Council as consent or discussion items for informational purposes.
Section 3.10.020 (Expenditure Limits) provides authority to the Mayor to execute
contracts for unbudgeted items up to $25,000.00 and for any contracts that are listed in
the City's annual budget. This provides for any professional, personal, or construction
contract for projects listed in the annual budget or within the professional services line
items of each departmental budget.
In addition, Section 3.10.250 (Professional and Personal Services) of the Auburn City
Code specifies when to take amendments to professional and personal services
agreements to the City Council for approval and is specifically tied to the expenditure
authority such that amendments that are within budget are not required to be approved
by the Council but only those changes that exceed the Mayor's authority for unbudgeted
items.
The submittal of consultant agreements to the Council for approval has been a
previously established business practice.
Staff would recommend that this business practice be eliminated with the
launch of the new Council study session format and that the Council rely upon
the professional expertise of staff in preparing professional services contracts
as allowed by the current code authority.
OBTAINMENT & RELEASE OF TEMPORARY AND PERMANENT EASEMENTS
Section 12.04.050 (Authorities for Public Infrastructure and Right -of -Way Management)
of the Auburn City Code currently authorizes the City Engineer to 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. This Chapter further grants
that the City Engineer after review by the Public Works Committee, may execute a
release or partial release of any city utility, drainage, temporary road, or slope protection
easements that are no longer needed for city purposes. All other city -held easements
require action by the City Council. While this allows the city to accept easements and
right -of -way related to development projects, formal action by the Council is required to
accept easements and right -of -way associated with City capital projects. Current
business practice has been to grant City staff the ability to procure rights for capital
projects through a resolution of the City Council.
In addition, the City's current business practice is that the Public Works Committee must
concur with the release of temporary easements obtained or provided to the City for
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construction or other similar purposes. Because the relationship to the land is temporary
in nature no further action by the City Council is necessary. For permanent easements
granted to or obtained by the City, the Public Works Committee must concur with the
release of easements related to utilities, drainage or slope protection. For all other types
of easement releases, City Council must accept them and approve their release unless
City Council delegates these authorities to the Mayor.
Staff would recommend for improved efficiencies that the City Council adopt
Code language authorizing the Mayor or designee (e.g. City Engineer) to obtain
and release temporary and permanent easements related to utilities, drainage,
slope protection, and temporary uses.
DESIGN STANDARDS
Section 12.04.010 (Adoption of Engineering Construction Standards and Engineering
Design Standards) of the Auburn City Code stipulates that the engineering design
standards must be reviewed and approved by the Public Works Committee. These
standards include clearing and grading, City utilities, private utilities, streets, and City
telecommunication facilities.
Staff would recommend that this business practice be eliminated with the
launch of the new Council study session format. The City Engineer should have
the authority to establish and modify these design standards as necessary.
However, because these design standards affect the community's quality of
life, the City Engineer should review the establishment of new standards or the
modification of existing standards with the full City Council in a study session
format and make any necessary adjustments, if applicable, prior to publication
of the standards specifically where there is a policy implication.
FINANCE ISSUES
There are a number of City Council related functions concerning finance, including
voucher review.
Staff would recommend that vouchers be sent to all councilmembers for their
review in advance of a Council meeting so that any questions by any of them
could be forwarded to the Mayor or to the Finance Director for actions or
responses.
Quarterly Report: it may also be valuable for all of the Councilmembers to receive a
written or electronic quarterly financial report from the finance director. This report could
be used to apprise the Council of the current status of budgets, ongoing financial issues
and other matters that may relate to the financial operations of the City. If any
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councilmembers have questions about the quarterly financial report, those could be
directed to the Mayor or to the Finance Director.
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CITY OF f
AUBu
WASHINGTON
Interoffice Memorandum
To: City Councilmembers
From: Daniel B. Heid, City Attorney
cc: Nancy Backus, Mayor; Department Directors
Date: August 21, 2014
Re: Transition from Council Committee format to Study Session format
Following the City Council's retreat (April 3rd & 4th), and the consensus of support at the
retreat for a change in the approach for handling City Council business, the Mayor and staff
have been working with the Council Operations Committee to put together a strategy for
transitioning from the current City Council Committee format to a City Council Study Session
format.
The Council Operations Committee (COC) expects that the attached draft documents may
be further refined leading up to a presentation and a training session for the full City Council
at the September 29th Committee of the Whole (COW) meeting. Then, if the Council is
satisfied with the outcome of the COW meeting, Council action could take place on October
6th with the transition to Study Session Format potentially occurring at that time or soon
after.
The COC has requested that staff provide this memo and the attached documents as a
status update for the full City Council.
For the purposes hereof, the City Council Study Session approach would replace the current
system of using three - person Council committees to review items that will be coming before
the City Council, and, instead, have these items considered by the whole City Council
through Study Sessions in advance of the item coming to the City Council for action at a
regular Council meeting.
Another change that would need to accompany this transition would be moving away from
the lengthy City Council reports shared at City Council meetings. While these reports include
valuable information, other avenues can be set up through which Councilmembers could
share information with the Auburn community. For instance, it may be that Councilmembers
would want to give their reports on Channel 21, the government access channel that covers
City Council meetings. Culling these reports from City Council meetings would give the City
Council more time to discuss and deliberate on issues and action items coming before the
DRAFT 8 -21 -14
DI.A Page 74 of 96
Memo To: City Councilmembers
From: Daniel B. Heid, City Attorney
cc: Nancy Backus, Mayor; Department Directors
Date: August 21, 2014
Re: Transition from Council Committee format to Study Session format
Page 2
City Council, and would give the citizens of Auburn the opportunity to see their City Council
at work on the issues facing the City at Council Meetings.
The advantages of this approach would include eliminating the current barriers which
preclude two councilmembers of the same committee discussing among themselves an
issue that could come before that committee, and would give them the opportunity to
discuss these issues without creating a public meeting quorum issue involving just two
councilmembers. Except where specific committees might be established or maintained that
would still need to operate (intended to operate) under the Open Public Meetings Act [RCW
Chapter 42.30], the quorum that would trigger the Act would be four members, rather than
two members. The biggest advantage, however, would be in the sharing of information,
equally, to all Councilmembers, so each receives the same information and is able to
consider the same material in evaluating and deciding the issues coming before the City
Council.
Ultimately, this change of format should allow the City Council to focus more of its attention
and energy on the policy decisions with which it is faced. Comparing the City Council to the
Board of Directors, this structure should also help the City Council to distinguish its functions
and responsibilities from those of the Mayor - chief executive officer. Policy issues for a city
the size of Auburn are significant enough, and weighty enough, that they would reasonably
need the attention of the City Council acting as a whole.
A possible challenge for the City Councilmembers is that they would be less involved in the
individual actions affecting citizens. For instance, if a City Councilmember comes across a
citizen who has a complaint regarding the City Code or other regulations affecting him or
her, that is not something the City Council should address, but should leave to the Mayor or
staff. If a Councilmember becomes aware such a concern, it would be very appropriate for
the Councilmember to advise the citizen that he or she will pass the concern on to the Mayor
for the matter to be addressed. But again, this is a pivotal difference between the
executive /administrative roles of the Mayor versus the legislative role of the City Council.
There may be other issues or challenges that occur in connection with the implementation of
this transition, and if there is anything that I (or we) can do or that the Mayor or staff can do
to address Council concerns, please let me (or us) know.
In summary, the primary reasons that support transitioning from the Council Committee
structure to the Council Study Session structure are the following:
1. This would alleviate the concerns regarding City Councilmembers talking
amongst themselves — where, presently, as few as two Councilmembers talking, if they are
on the same committee, could trigger a violation of the Open Public Meetings Act.
[Violations of the Open Public Meetings Act can cause individual councilmembers to incur
liability exposure for statutory penalties.]
DI.A Page 75 of 96
Memo To: City Councilmembers
From: Daniel B. Heid, City Attorney
cc: Nancy Backus, Mayor; Department Directors
Date: August 21, 2014
Re: Transition from Council Committee format to Study Session format
Page 3
2. In Study Sessions, all seven Councilmembers will have the opportunity to
hear the same information at the same time. [Even if the same staff members provide the
same written reports to different committees, the questions and discussion at the committee
meetings may not be the same, and information may thus be different.]
3. With Study Sessions, the power and authority to act is retained by full City
Council to review and discuss details or policy prior to it being taken to a full City Council
meeting (as opposed to only three members [or even just a majority] of the "action or
sponsoring" committee or secondary committee discussing the details /policy at length).
4. Study sessions would give the City Council greater opportunity to discuss
issues among themselves prior to taking action — up to three Councilmembers could discuss
outside an open public meeting.
After you have had an opportunity to read this memo and the other accompanying
documents, please forward to me any written comments or suggestions you may have.
Please provide your written comments to me by 5:00 p.m. on August 25, so that I can
incorporate your suggestions and comments in the documents that will be coming before
the full City Council on this matter.
DI.A Page 76 of 96
PROs /CONs for Change to Council Study Session Format
Study Session Purpose Summary: The purpose of a City Council study session is to
provide a forum for information sharing and discussion on topics or issues that the City
Council or Mayor believes there should be in depth information and warrants gathering
and discussion on before the council takes any action. Issues should be substantive in
nature and should be related to future policy- making, strategic planning or key regional,
state or federal issues related to future policy- making or current or future budgeting.
Pros
• Reinforces City Council's "Board of Directors' responsibilities and helps to reinforce
and respect the lines between the policy and financial functions of Council versus
the executive /administrative functions of the Mayor and City Administration.
• Increases transparency in the governmental process by providing a single forum for
discussion of key policy issues or topics, and avoiding what may appear as less
meaningful Council meetings [all the real work of the City Council is done in the
comm ittees].
• Reduced limitations on public access and information distribution to Council
proceedings. Some of the committees meet during or meet immediately following
normal work hours (i.e. 8:00 a.m. to 5:00 p.m.) making it difficult for interested
citizens to attend the current committee meetings.
• Forces Council to keep on -topic and reduces the potential for off -topic
conversations.
• Reinforces and enhances the advisory relationships between City Council and its
advisory boards and commissions by having recommendations flow through to the
entire Council at the same time for joint consideration.
• Provides Council with the opportunity to talk jointly about issues without fear of
violation of the Open Public Meetings Act.
• Provides opportunity for more focused conversation on key policy issues amongst
Council.
• Assures that information is distributed more equally among Councilmembers. Allow
all Councilmembers to hear the same information at the same time.
• Allows for Councilmembers to discuss among themselves the issues and topics
before them and learn from each other — and be aware of each other's positions
[both positive and negative], questions or suggestions — in the same forum.
• Improves the efficiency of staff work by allowing staff to present jointly, uniformly, to
the entire City Council.
• Reduces workload demands on staff by not having to prepare for and attend one or
more City Council Committee meetings.
• Reduce the administrative burden and costs on the City Clerk and Department
administrative staff to support the Council Committees process (e.g. 1.25 FTE
equivalent in Community Development and Public Works).
DRAFT — 8 -7 -14
Page 1
DI.A
Page 77 of 96
• Reduces the breadth to some extent of the current subject matter that Council
Committees cover.
• May increase excitement and passion in some Councilmembers for the job of
councilmember because of the increased focus on major city -wide policy matters.
• May increase teamwork among Councilmembers in that more of what is done would
be done by the whole City Council.
• Decreased Printing costs — eliminating duplicate paperwork for multiple Committees.
Cons
• Reduces the breadth to some extent of the current subject matter that Council
Committees cover.
• Reduces Council's direct oversight over and /or involvement in some of the City's
more administrative functions.
• Based on the different personalities of councilmembers and comfort in speaking in
larger groups, it may be harder, at least initially, for some Councilmembers to
participate in the larger group study sessions, when compared with three - person
comm ittees.
• Potential reduction in some Councilmembers' passion (s) because of reduced ability
to display expertise in a particular subject matter.
• Will create short -term challenges in understanding and implementing changes in
roles and responsibilities during the transition period.
• Will reduce Council's ability to "dabble" in a subject matter that is not substantive in
nature and does not have a current or future policy relationship.
DRAFT — 8 -7 -14
Page 2
DI.A
Page 78 of 96
AuBuRN ITY Cdr •
\VASH E NGTo
AGENDA BILL APPROVAL FORM
DI.B
Agenda Subject: Date:
Status of the Independent Salary Commission Formation September 15, 2014
and Action
Department:
Administration
Attachments:
Ordinance No. 6504
M avor's Nominations
2 -26 -2014 CO P's M inutes
3 -24 -2014 COP's M inutes
4 -28 -2014 CO P's M inutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Budget Impact:
$0
Councilmember: Staff:
Meeting Date: September 22, 2014 Item Number: DI.B
AUBURN * MORE THAN YOU IMAGINED Page 79 of 96
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.
Ordinance No. 6504
April 28, 2014
Page 1
DI.B Page 80 of 96
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 /confirme d by the City Council; Provided that no person
shall be appointed to a position on the Independent Salary Commission unless
that person has completed and submitted to the City an Application for
Appointment to Citizen Boards, Commissions and Committees, on the form
provided by the City.
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.
Ordinance No. 6504
April 28, 2014
Page 2
D I . B Page 81 of 96
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
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.
Ordinance No. 8504
April 28, 2014
Page 3
DI .B Page 82 of 96
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 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, including but not limited to,
information related to the various duties, assignments, responsibilities,
obligations and meetings of City Councilmembers.
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
25,000 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 Tess 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;
Ordinance No. 6504
April 28, 2014
Page 4
DI.B Page 83 of 96
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.
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.
Ordinance No. 6504
April 28, 2014
Page 5
DI.B Page 84 of 96
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.
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: MAY 5 ?n14
PASSED: MAY 5 2014
APPROVED: MAY 5 2074
ATTEST:
Danielle E. Daskam, City Clerk
APP VE;TO FORM:
aniel B. He , City Attorney
Publisheda, .F( ,)a/
Ordinance No. 6504
April :28, 2014
Page 6
DI.B
CITY OF AUBURN
Page 85 of 96
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.
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: MAY 5 ?R14
PASSED: MAY 52014
APPROVED: MAY 5 2014
ATTEST:
2.1L2JA,_,
Danielle E. Daskam, City Clerk
Published:
Ordinance No. 6504
April:28, 2014
Dr Age 6
DI.B
CITY OF AUBURN
c.�Ct
,MAYOR
Q.
NANCY
Page 86 of 96
Page 85 of 95
Below is the list of Mayor's nominations to the City of Auburn Independent Salary Commission
Nancy Colson
Nancy has served her community on numerous boards & commissions, with the Arts & Museum
Board, serves on the Chamber Board and member of the Auburn Soroptimist Club. She is a
realtor at Lakeland Hills Windermere Real Estate.
Cary Davidson
Cary serves on the Auburn Arts Commission and is a teacher and coach at Auburn Mountainview
High School .
Isaiah Johnson - Principal at Cascade Middle School
Cindy Gonzales
Cindy is the owner and operator of the Scuba Shoppe business located at 130 E Main Street and
serves on the ADA Board.
Terry Hurlbut —Terry currently serves on the currently serves on the Civil Service Commission and is
A retired sergeant from the Washington State Patrol.
D I . B Page 87 of 96
CITY of �r
A
--- WASH I NGTO[V
I. CALL TO ORDER
A. Roll Call
Council Operations Committee
February 26, 2014 - 4:00 PM
MINUTES
Deputy Mayor Wagner called the Council Operations Committee
meeting to order at 4:03 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 and Deputy City Clerk
Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. November 18, 2013 Special Meeting Minutes
B. December 2, 2013 Meeting Minutes
C. January 2, 2014 Special Meeting Minutes
Vice Chair Peloza moved and Member Wales seconded to approve
the November 18, 2013 Special Meeting minutes, the December 2,
2013 minutes and the January 2, 2014 Special Meeting minutes.
MOTION CARRIED UNANIMOUSLY. 3 -0
III. DISCUSSION ITEMS
A. Council Compensation
Chair Wagner provided the Committee with updated spreadsheets
regarding council compensation for neighboring jurisdictions, one with
and one without benefits. He believes a councils pay should be based
Page 1 of 3
DI.B Page 88 of 96
DI.B
on a city's population. The City of Auburn is below average based on
the chart with benefits and average based on the chart without
benefits.
Member Wales stated she requested this information be brought
before the Finance Committee. There are two ways a Council can
change their pay. One is for the Council itself to set a new rate of pay.
The pay rate would not be effective until each councilmembers'
current term expires. The second is to create a Council Compensation
Commission. The Council would have no say in the Commissions
decision and it would become effective for all councilmembers once
the Commission makes a determination. The Commission may
increase or decrease the Councils rate of pay. If the City wants to
attract younger councilmembers the City will need to increase the pay.
The City needs to ensure they do not fall behind neighboring
jurisdictions in council compensation.
Vice Chair Peloza stated he does not want one councilmember to be
paid more than another. He would prefer the Compensation
Commission so everyone has the same rate of pay at the same time.
It is important to be fair for all councilmembers.
Committee members discussed how a Council Compensation
Commission would be selected. The Committee would prefer to have
the authority to confirm the members one by one.
City Attorney Heid confirmed the City Council would have no role in
accepting or rejecting the decision of the Commission. If the City
Council creates a Council Compensation Commission it would be a
standing committee and their decision would be final.
Chair Wagner requested a draft ordinance be added to the next
Council Operations Committee agenda for discussion.
B. Council Rules and Procedures
Chair Wagner inquired if Committee members would like to review
guidelines for council committee agenda items.
Member Wales stated she would like clarification on the workflow of
each agenda item as it goes through committee review.
The procedure will need to be flexible enough to allow for urgent
matters.
Chair Wagner stated a committee chair can add any item to their
agenda for discussion. The action committee is primarily set by the
roles and responsibilities of each committee.
Page 2 of 3
Page 89 of 96
City Attorney Heid confirmed an item is not required to go before two
committees.
Mayor Backus stated not all items go through two committees some
items do not even go through one. She recommended the Council
not create strict rules and regulations regarding how an item is
forwarded to full Council for consideration. The process changes with
the makeup of the committees and the Council.
The Committee requested the resolution establishing the time
and date for the Council Operations Committee me amended to hold
the meeting on the fourth Monday of each month at 2:30 p.m. The
Committee also discussed the primary roles and responsibilities of
each committee. The Committee requested the 2014 Council
Committee areas of influence chart be updated an returned at the next
meeting for additional discussion.
IV. ADJOURNMENT
DI.B
There being no further business, the meeting adjourned at 4:57 p.m.
Approved this day of March, 2014.
Rich Wagner, Chair Shawn Campbell, Deputy City Clerk
Page 3 of 3
Page 90 of 96
CITY of �r
A
--- WASH I NGTO[V
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
DI.B Page 91 of 96
DI.B
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
Page 92 of 96
IV. ADJOURNMENT
There being no further business, the meeting adjourned at 3:29 p.m.
Approved this day of April, 2014.
DI.B
Rich Wagner, Chair Shawn Campbell, Deputy City Clerk
Page 3 of 3
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CITY of �r
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I. CALL TO ORDER
A. Roll Call
Council Operations Committee
April 28, 2014 - 3:30 PM
Council Conference Room
MINUTES
Chair Wagner called the Council Operations Committee meeting to
order at 2:36 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, and Deputy City
Clerk Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no agenda modification.
II. CONSENT AGENDA
A. March 24, 2014 Minutes
Vice Chair Peloza moved and Member Wales seconded to approve
the March 24, 2014 meeting minutes.
MOTION CARRIED UNANIMOUSLY. 3 -0
III. ORDINANCES
A. Ordinance 6504
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
Chair Wagner introduced Ordinance No. 6504. The Committee
discussed requiring anyone interested in applying to be a member of
the Independent Salary Commission fill out a volunteer application
form. Vice Chair Peloza stated commissioners need to be thoroughly
vetted before being appointed. City Attorney Heid stated this is
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currently the City's policy for all boards and commissions
appointments.
Chair Wagner requested the population used for comparative
purposes be lowered to 25,000.
Vice Chair Peloza requested the Independent Salary Commission be
directed to consider all duties a councilmember performs in addition to
the standard Council duties.
The Committee discussed the addition of the Mayor to the current
ordinance. City Attorney Heid stated he has confirmed the City has
the ability to exclude the Mayor from the Independent Salary
Commission's purview. The Committee discussed a more in -depth
review of the Mayor's compensation package at a later date.
The Committee requested this Ordinance be forwarded to the Public
Works Committee for discussion, the Finance Committee for action
and to full Council for consideration on May 5, 2014.
IV. DISCUSSION ITEMS
A. City Council Workshops (Heid)
Discussion of a Council Workshop format relative to the Council
Operations Committee
Chair Wagner noted changing from standing committees to a
workshop format is going to take time. The Council Operations
Committee will need to work out the logistics for ad hoc committees.
Changing the format will allow for individual councilmember to discuss
an item without creating a quorum of a standing committee. The
Council Operations Committee will need to determine if appeals will
be handled by the hearing examiner or by City staff.
Vice Chair Peloza stated the openness of the workshop process
allows all Councilmembers to hear items and discuss them openly.
The cost saving in both printing cost and staff time need to be
considered as a benefit of changing the Council format. He requested
a list of advantages and disadvantages for the proposed change be
provided at the next Council Operations Committee meeting. He also
would like additional information on the duties of an ad hoc committee.
Member Wales stated staff time and printing cost should not be the
deciding factor for changing the Council Committee format. The
current process allows for an idea to be completely vetted by a
majority of the Council. Member Wales expressed concerns
regarding Council being able to review items that require more in-
depth scrutiny. The role of the Council Operations Committee will
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need to be redefined.
City Attorney Heid stated the workshop format allows Council to
spend time as a whole on the more important issues. An ad hoc
committee will not have any action so it will not have to adhere to the
open public meetings act.
V. ADJOURNMENT
DI.B
There being no further business, the meeting adjourned at 3:29 p.m.
Approved this day of May, 2014.
Rich Wagner, Chair Shawn Campbell, Deputy City Clerk
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