HomeMy WebLinkAbout09-29-2014 COMMITTEE OF THE WHOLE AGENDA,A BURN
VVAS,I�IN(A"i'() 1
CALL TO ORDER
II. DISCUSSION ITEMS
A. WRIA 9 Presentation (15 minutes)*
"Creating Place and Results in the (W9)"
Presented by Doug Osterman
Committee of the Whole
September 29, 2014 - 5:00 PM
Council Chambers
AGENDA
B. King County Housing Authority Presentation (15 minutes)
"Education Initiatives and Status of KCHA"
Presented by Stephen Norman, Executive Director
C. Study Session Overview (60 minutes)*
III. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 1 of 86
'Alu,BURN
VVA,S I � I N G "i'(')N'
AGENDA BILL APPROVAL FORM
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 29, 2014
Date:
September 23, 2014
Budget Impact:
$0
Staff:
DI.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 86
� ti'ui�rr�-ni��n�l���rthi� lh��l�r�lntnnlrc°cnv<°r�,
. ��lu�� �nu�t be a livinq doc�mic ri t. 1,4/liile ive
� n�i ist cn��miit to work t�� rnake��rz�qress, ta�e
� ' r��co�i�ize tMcrt the��lnri� wrll cl�nr��eas tin�iier
. � � ��n.�wc�i�s f�econ�u�rivailnble. _ We need ru�t���vuit
��rr�c�c�tiur� bc°fo�2��ve decide to act. I�lie knoiv
� � � ��rTnuc�h to n�iakr a huqe c!i/�f��rer�ce if i���e pi�oceer���n
' • • u�u�cirrr�entkrirni�l��clere.
� � ,� --William Ruckelshaus,keynote speech excerpt,
Shared Strategy Summit,January 2005
_x �,.�
--- - 7`�� �:� WRIA 9 is 17 local governments within King
• - . �. - .� , County working in cooperation with businesses,
1�F =;� . environmental groups, and state and federal
�_ z.� � f. .,� -,;�1- agencies to protect and restore habitat in the
- "�^� ��qt�� Green/Duwamish and Central Puget Sound
, F + Watershed. Since 1998 we have been working to
create a healthy place for people and salmon
s�nr r.y., .�,� � , from the Cascade Mountains in the east to Vashon
h-.:+-� �'� �.ti -''``'' ..,,��� and Maury Islands in the west.
-• �— �,m„e_ ,�,�`�'� � �'
� -��!}`�' .`�' N a`-�,.�i The landmark Pu get Sound-wide 2005 Salmon
=�' -.y�� Habitat Plan represents a deep commitment by many
� �-:r ,� partners to save salmon in Washington state: the
- iconic Chinook, coho, chum, pink, and winter
� ' � � steelhead. $101 million has been spent on salmon
recovery projects since 2006. Every project
� underway in the watershed, every effort undertaken
1 ` by committed leaders brings us closer [o our salmon
- . �. �c� ��. - ___�,�, recovery goals.
The necessary future conditions for salmon health demand a broad
� - �- approach to restoration. The number of retuming salmon is not the only
important metric: genetic and behavioral diversity, the geographic
' - • • distribution of fish and the physical process that led to that distribution.
� � � _ i � We are monitoring our progress and are adaptively managingour actions
as we restore the mainstem of the river, tributaries. and the nearshore on
Puget Sound.
• • . •
PROTECT • RESTORE • REHABILITATE • SUBSTITUTE
�
,�n
����.
�� For more information:
� http://www.govlink.org/watersheds/9/default.aspx
DI.A � Page 3 of 86
s
.
� • �
. .
� • �
• • �
. ,
•—.� Upper Green Subwatershed:
Provides cool clean water to the city of Tacoma—fish
cannot currently access the upper watershed, but the U.S.
Army Corps of Engineers is working on a passage facility
i Y�
3
1 �' ' - Middle Green Subwatershed:
_ � , Provides the county with a verdant agricultural district, and
'- � ' ,�' '� provides the primary spawning habitat for Chinook
.�� . �"�
� 3
_ � ��y'; ' ��.
_� ^ •
"' � '��'� r Lower Green Subwatershed:
-�1. ° y�',•" "�� - Provides one-eighth of the King County GDP and has had most of the
'� a � ���-� historic floodplain disconnected from the river; fioodplain access is
��- !!'"- ,�:'
J�' � 'Tw����
R critical to salmon recovery
.
Duwamish Subwatershed:
�� � �- �>:�": - � Provides maritime and manufacturing jobs to thousands. The lower
_ ...i'�!'.y y/^' . ��y,•.,
�. z K � portion of the watershed is a Superfund site and is heavily degraded,
�`s . � o yet young fish rely on this area to transition from freshwater to
�"i� saltwater
__�;�,
: -
�_
; ,; Marine Nearshore Subwatershed:
� �, ' Provides miles of beautiful Puget Sound shoreline and is the place
�r��c, . � where all of the Chinook populations in the Sound mix
. i1C�.,�r.:
Page 4 of 86
PAUTZKE LEVEE SETBACK PROJECT � :'
Re-establishing a healfhy floodplain rr�,�. ���t
h
1 4 "1
{ \ •li _ C � � � �I
w �
t�� ��;� ��" , �i
� �,�,���y.,� � .
i
r � r,
� �, . `�`` . �1 Project Highlights:
, ;��r t ��'.` • Removed levee rocks from the riverbank
'�� ",�„_�'� �+ • Constructed bank protection away from the
d` +.. ,
� � , river to protect nearby railroad from erosion �
. ;,,�L " � � '-� �' � • Planted over 12,000 native trees and shrubs
_ 7 Fi�_ iv��A. .� � 4'e�' '�'�'.
w4
r_ �i'
—� . _ . � z KENT
_ ✓. � ,
_� AUBURN ; �'
a
.'�`-._ '� a� ���\ �. g�
��sanswe� ���aa���2�ns�
WRIA 9 partnered with the City of Auburn and ��,
King County to remove two levees along the Green
BM 5[N SE 3Z St �
River in 2009, significantly increasing � .
river/floodplain interaction, and creating healthier �<� z _ � ,�-�
fish habitat. Fenster levee setback is a #' '" � � �
complimentary projed to Pautzke which is located in P EMainSt E aF; .
the same area of the rivec —,. � y�`a
N � m �
• 79 acres of Green River floodplain and 1.200 feet of ' a �������� -' N
river bank and channel are now exposed to channel ; E�� ��•^� _- Q
migra[ion. The site is used for spawning and �, ausuRN \ n
rearing by fall Chinook and steelhead (both � �.�
ESA-listed species), and functions as a migration �;, a
corridor for Chinook, steelhead, coho, chum, a: 3,
sockeye, pink, and cutthroat. I � e �;,,ei �
-_�� i
• Removing invasive species, including Japanese � � °
knotweed and blackberries and replacing them =
with shoreline and salmon-friendiy native plants PROJECT AREA y
SNONOMISH CO.
and shrubs improves the habitat along the banks ;"�-�--'-"�-�---�-���-���-�------���----'i
and within floodplain. o os i ^ �� °
� � � �-+ i
Miles � �irvGCO ��. ; i
• This project benefits other wildlife habitat along
the Green River including great blue heron, bald �` rC"',
eagle, belted kingfisher, red-tailed hawk, coyote, - _ -�`�.� +� f� �'
elk, otter, beaver, tree frogs, and western toad. V '� �
FIEFCE CO . �. - �
.."`.., n... .,;�.-�.
.`..�.�
For more information: http://www.govlink.org/wateisheds/9/ MIDDLE GREEN RIVER
SUBWATERSHED, WRIA 9
� �
❑'rvnl, � � � wnsMmcroHnn*c
X[[PF4ilON 4N0 CONSfPV>iION OlfICE
[J$jJ� Salmon Recovery KingCounty
WASFIWGTON NingCanurvatian0istnet � Funding Board oeparcmenca�Nam�aiaesowcezaneaarkz
DI.A Page 5 of 86
I
FENSTER LEVEE SETBACK PROJECT �
Providing safe passage for young Chinook salmon
�.:ai
� R
•'_I
� .�, _ � Project Highlights:
6� p �, • Remove 700 feet of rock levee �� I
x j y� y , ,�y ; , � f . ',���� • Set the edge by 300 f ethe river's �rl
�:
: �._,._ _ �;' • Offer traming to returning veterans (
``��� �"�:,. ' • Provide better feeding and rest areas for juvenile
" �` _ salmon downstream as they head to the sea
:'. � -
,, ,
i.> . � �i. - _. ".. _- - ��t KENT
�-4�L� � - :.. �
� k.,� _ - AUBURN 3 w '`
Y _ Q
..;;'� " ' c' a�.
Q g
�`�0.05E SE313m5t ry�
�-`IS[M1StNE: e �� n �
WRIA 9 partners—including the City of Auburn and " '�
King County—replaced a rock levee with a gentle �� ' i
slope planted with the help of the Aubum ,;a�ns�.�E. seax s� '� I
community stewards. The streamside plantings, along �°;-� �, '�Y_ � •
with the addition of wood placed along the bank, a � �: °i� a
o-
improve wildlife habitat. � EMa'"s=� ; �r ry�o
i ;�r.' .,�/e �
� .t/��' � iymo
• A channel connected to several acres of densely �, " 'm�
forested wetland habitat in Pautzke Slough � .�.,�,,::, -- �t. ._
improves flood protections while providing f! ��� �'°' � "
additional areas for juvenile Chinook salmon to
grow and feed. nusurtN �
• The river will return to a more natural channel "< �
shape with more gradual bank slope—previously q;�
modified by levee construction and the operation "";,�e Pr
of[he Howard Hanson Dam in 1962. `�
• Planting during phase two of the project will be PROJECT AREA
performed by the Veteran's Conserva[ion Corps; the __ __sNOHOM�sH_<o_ �-•
_ . �
Corps will plant and maintain stream-side trees and � ;,., i ' -
shrubs. This multi-benefit project improves salmon �
habitat while putting our veterans back to work. M°`s � {I ��H� co ��".,_
{ \
��__ _ �`��. �
For more information: http://www.govlink.org/watersheds/9/
� p��EFCE CJ � - `
Fle�ta09 3G69L_W9pml�.��t_FENSTER ai � ? ��'•.
MIDDLE GREEN RIVER
SUBWATERSHED,WRIA 9
�
m
�
y wr,sHqr��.x qnore � ` � .
xerne no rvocoHSexvnnoNOrvic (;��vUP
\
� Salmon Recovery �--� � AUBU� K�yco�^iy
Fundin Bodrd � wA�iiiNCT�N K D oeoa,�me�:o,
g x���co�.�,.�e�a�o�n��� N.�wrai aeso�rce.antl varas
DI.A Page 6 of 86
'Alu,BURN
VVA,S p � I N G "i'(
Agenda Subject:
Study Session Overview (60 minutes)
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 29, 2014
Staff:
Date:
September 23, 2014
Budget Impact:
$0
Item Number: DI.0
DI.0 AUBURN * MORE THAN YOU IMAGINED Page 7 of 86
To:
WASHINGTON
City Councilmembers
Interoffice Memorandum
From: Daniel B. Fled, City Attorney, Kevin Snyder, Director of Community Development
and Public Works
cc: Nancy Backus, Mayor; Department Directors
Dater September 24, 2014
Re: Transition from Council Committee format to Study Session format - consideration at
the Council Committee of the Whole meeting of September 29, 2014
As a follow -up to the City Council's retreat (April 3`d & 0), and the various committee
meetings and discussions with Council on the transition from the Council Committee format
to a Study Session format, staff has compiled a variety of documents related thereto. Some
of these have been previously seen and others more recently prepared, and perhaps not as
widely reviewed. However, these documents represent the most current information
prepared in connection with Council consideration of this change in format.
Ordinance No. 6532 includes revisions from the Council Operations Committee discussion
of September 22, 2014, and the draft revision to the Council Rules of Procedure (Exhibit "A"
to Resolution No. 5105), likewise includes revisions from the Council Operations Committee
discussion. Please also note that the draft Council Rules of Procedure includes a description
of the Agenda for Study Sessions among the proposed changes to the rules.
The proposed /draft rules are suggestions based upon what staff has used in other
jurisdictions which had Study Sessions, but if these rules are not in conformity with what the
City Council would prefer to use, the rules could certainly be changed. It should be noted in
these regards that staff did not want to make the rules too detailed or complex, yet wanted
to make them sufficiently descriptive so that there is no confusion about what is involved.
Staffs intention was to make the use of Study Sessions valuable in accommodating an
open discussion by City Councilmembers of issues of city -wide importance.
Attached Documents include:
Draft Ordinance No. 6532
Draft Resolution No. 5105 and Exhibit "A" Council Rules of Procedure
City Attorney Memo dated April 21, 2014
Staff Recommendations for City Code and Business Practice Changes
Regular Meeting /Study Session Alternative Business Practice Conceptual Format
PROs and CONs for Change to Council Study Session Format
DI.0 Page 8 of 86
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, 12.32 -.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,
AMENDING CHAPTER 2.06 OF THE CITY CODE AND
REPEALING SECTION 12.20.050 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 City
related items, 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 23, 2014
Pagel
DI.0 Page 9 of 86
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 YaFiGUG rae.unGil GOFFIMitteescity 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. To the- e)dent that it deems appFOPFiate and helpful, ,e
subr.oFn.m4tees Will Parallel the Goty Geunril GGITIMitteeS Gf finanGe, publnG woFks,
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 212.010 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 No. 6532
September 23, 2014
Page 2
DI.0 Page 10 of 86
ordinance may direct. Included in the foregoing and in addition thereto, the city attorney
shall:
A. Attend all meetings of the city council, including regular, special and
interim meetings, as well as all regular meetings of-the planning commission and board
of adjustment of the city;
B. Attend meetings, upon request-, of all other official boards and
commissions of the city, as well as all 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;
I. Participate in the expedition of bond issues, providing this shall not require
an opinion of the validity of the bonds in any case where special bond counsel is
retained by the city or any prospective bond buyer;
J. On request, participate in and consult concerning intergovernmental
relations i_n 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.)
---------------
Ordinance No. 6532
September 23, 2014
Page 3
DI.0 Page 11 of 86
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.
The Auburn landscaping and community beautification and gift cumulative
reserve fund shall be used for the purpose of receiving gifts and donations of moneys to
the fund and the cumulative reserve funds shall be used for the purpose of city
landscaping and community beautification projects and for such special purposes as
any donors of any such money or gifts to such fund might specify, as approved by the
planning~ beaUtifiGatinn and building Gedec nnmmittee mayor. (1957 code § 1.36.200.)
Section S. 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
GOMFn.i.tte emayor 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 f 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 $25,000.00 in the budget shall be
reviewed by the appropriate GGunGil GOMFni *e° mayor or his /her designee 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.
Ordinance No. 6532
September 23, 2014
Page 4
DLC Page 12 of 86
The business license clerk shall collect all license fees and shall issue licenses in
the name of the city to all Persons qualified under the provisions of this chapter and
shall:.
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads as listed below for their
endorsements as to compliance by applicant with all city regulations which they have
the duty of enforcing:
1. Ambulance services license: fire and police departments;
2. Amusement device license: police (four or under) and building, planning
and police (five or more);
3. Auto races license: building, fire, planning and police departments;
4. Cabaret licenses. fire and police departments;
5. Carnivals, circuses, shows, etc., licenses: building, fire, police and
planning departments;
6. Dance licenses: fre 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. Pawnbrokerslsecondhand 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 appi:o ,ri3te G+GR;mffittee Gf the city's
director of community development and -public works. Action of the aepmpr-iate
opMIllittee of the city's director of corhmunity development and public works may be
appealed 15 days from date of action to the hearing examiner, and
action of the GGURGi 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.)
---------------
Ordinance No. 6532
September 23, 2014
Page 5
DI.0
Page 13 of 86
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 pity Glerk and/er police chief and/or building official andIG)r fire Gh of 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, {;ef or building official may immediately revoke any
license issued under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may within 15 days
from date of action file written notice of appeal to the 444e-city's
director of community development and public works. Action of the appfspriate
^^^""itt°° director of community development and public works may be appealed within
15 days from date of action to the fUll Gity GOURG41 hearing examiner and action of the
seuflsFl 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 oe lice chief or his designee and shall be of such character, and so
located, discharged, or fired, that, in the opinion of the fig olp ice chief or his designee,
after proper investigation, it will not constitute a hazard to property or endanger any
person. Should the fig olp ice 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 Gammittee, 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 $1,000,000.00 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
Ordinance No. 6532
September 23, 2014
Page 6
DI.0 Page 14 of 86
presentation of the display. The certificate of insurance shall evidence a comprehensive
general liability, including automobile coverage, insurance policy providing limits of
$1,000,000.00 combined single limit, per occurrence and annual aggregate, no
deductible, and naming the city of Auburn as an additional insured.
D. Transportation and Storage.
1. All fireworks shall be transported within the city in accordance with 49
CFR Part 177 and 397.9(b) prior to reaching the display site.
2. As soon as the fireworks have been delivered to the display site, they shall
be attended and shall remain dry.
3. All shells shall be inspected upon delivery to the display site by the display
operator: Any shells having tears, leaks, broken fuses, or showing signs of having been
wet shall be set aside and shall not be fired. After the display, any such shells shall be
either returned to the supplier or destroyed according to the supplier's instructions.
4. All fireworks at the firing site must be stored in ready boxes (substantially
constructed wood magazines). During the display, the magazines must be 25 feet
upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the
opposite direction to the firing. All ready boxes are to be protected by a flame -proof
water - repellent canvas cover until emptied.
5. The shell storage area shall be located at a minimum distance of not less
than 25 feet from the discharge site.
6. During the display, shells shall be stored upwind from the discharge site. If
the wind shifts during the display, the shell storage area shall be relocated to be upwind
from the discharge site.
E. Preparation of Site and Crowd Control.
1. All dry grass, weeds and other combustible waste matter within 50 feet of
the firing site shall be removed.
2.. The site shall be located so that the trajectory of shells shall not come
within 25 feet of any overhead object.
3. Discharged fireworks shall not come within 100 feet of any tent or canvas
shelter.
4. The firing and storage site shall be located not less than 200 feet from any
building.
5. The operator shall provide sufficient personnel to assure that no
unauthorized persons are allowed within 200 feet of the firing and storage site. This
requirement shall be in effect from one -half hour prior to the arrival of fireworks until all
fireworks debris, equipment and fireworks have been removed from the site.
6. Spectators shall be restrained behind lines or barriers at least 200 feet
from the firing and storage locations.
F. Installation of Mortars.
1. Mortars shall be inspected for dents, bent ends, and cracked or broken
plugs prior to ground placement. Mortars found to be defective in any way shall not be
used. Any scale on the inside surface of the mortars shall be removed.
---------------
Ordinance No. 6532
September 23, 2014
Page 7
DI.0 Page 15 of 86
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.
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.
B. 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.
Ordinance No. 6532
September 23, 2014
Page 8
DI.0 Page 16 of 86
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 fig olp ice chief of a permit for the public display of
fireworks may be appealed to the appfepr+ate- Auburn city council _,_n..m.ittee. (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. T-14e -the
city engineer is authorized to
establish and remove restricted parking zones when, in the city engineer's professional
judgment, a restricted parking zone will reduce or eliminate a parking problem and the
public interest will be served. 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
Ordinance No. 6532
September 23, 2014
Page 9
DI.0 Page 17 of 86
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 publiG safety oemmittee city council. The appeal shall be taken within three days
after notice of denial. The p bliG Safety GGI*nitteec2ty council shall act upon the appeal
within seven days after its receipt. (Ord. 3713 § 6, 1981; Ord 3311 § 7, 1978.)
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 publ i^ safety GOMM.ap 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 PUbliG 6afety Gommitt police chief or the city en,. i� shall cause to be
Ordinance No. 6532
September 23, 2014
Page 10
DI.0 Page 18 of 86
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 WHO 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 .1 , II . ihlir ,NQ -Fks r0emmit supplemented and amended by
the city engineer for specific design applications to the exteRt authWized by the pubk
,,,u;,ks mmmttPe -and in consultation with the City Council on Policy issues or broad
city —wide implications, shall 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 (SWM) which is
the 2008 M 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
Ordinance No. 6532
September 23, 2014
Page 11
DI.0 Page 19 of 86
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 1S. 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 #eF Fevne r and appreyal by the putii; WGFkS GGMM in accordance with
Section 12.04.010(6) of the city code. 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 drawing's of all recorded plats and short
plats.
D. Management of Record Drawings. The city engineer or his /her designee
shall develop office procedures for the safekeeping of record drawings of all public
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.
---------------
Ordinance No. 6532
September 23, 2014
Page 12
DI.0
Page 20 of 86
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 or capital projects of the city 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. AfteF Feyi • � } °
•^��r, ^^'';r" it'°° 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 12.32.020 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
Weet ^9.,,.nitte °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.)
Section 17. 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 eUblis -wefks
^^^tea- approval of the city engineer.
Ordinance No. 6532
September 23, 2014
Page 13
DI.0 Page 21 of 86
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 18. 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 peblie -weFks
r,emmittLe 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
lava. (Ord. 6125 § 1, 2007.)
Section 19. 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
fu_1I council.
B. The city has authority to grant a single 30 -day extension to the applicant
upon receipt of a written request, absent any known reasons for denial. Extensions of
right -of -way use permits that involve downtown, community impacts, full street closures,
or uses with policy or broad city -wide 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.
Ordinance No. 6532
September 23, 2014
Page 14
DI.0 Page 22 of 86
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 20. Amendment.to Ci 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 planning and development ,..,mmittee 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:
1. Notice shall be published not less than 10 days prior to the hearing in a
new_ spaper 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.)
---------------
Ordinance No. 6532
September 23, 2014
Page 15
DI.0 Page 23 of 86
Section.21. 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 Planning and development GOMM to Hearing examiner.
The planning and developmeRt Gommitteehearihq 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.22. 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 'hearin
examiner's recommendation, the city council shall, at its next public meeting, approve,
remand the recommendation to the Gemmiftee- 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 rgmmifFea'c 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 23. 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.
Ordinance No. 6532
September 23, 2014
Page 16
DI.0 Page 24 of 86
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, anti ty un,,01 GGFRmittee 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 24. 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 er
,..,.,,mottea +harms of and determine whether to direct them to the planning commission for
consideration. The city council eF Gammittee th&eGf 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;
---------------
Ordinance No. 6532
September 23, 2014
Page 17
DI.0 Page 25 of 86
3. The proposal addresses the interests and changed needs of the entire city
as identified in the plan;
4. The proposal does not raise policy or land use issues that are more
appropriately addressed by an ongoing work program approved by the city council;
5. The proposal can be reasonably reviewed and evaluated, given existing
staff and budget resources; and
6. The proposal has not been voted on by the city council in the last three
years. This time limit may be waived by the city council if it is demonstrated that there
exists either an obvious technical error or a change in circumstances that justifies the
need for the amendment.
D. Any item on the docket that is not determined to be appropriate for action
may be proposed under ACC 14.22.090, provided it is timely and properly filed. (Ord.
6172 § 1, 2008.)
Section 25. 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 Ar remmi#ee theFeof 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.
---------------
Ordinance No. 6532
September 23, 2014
Page 18
DI.0
Page 26 of 86
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 26. 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:
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. „
eGLIRsil.
G "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.
QC. "Director" means the director of the depa#ment of plannirm Rg aT,a
community development and public work_ s 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 27. Amendment to City Code. That Section 17.02.090 of the
Aub-u "rn 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, OF the plaRAiRg and development wFnFni#ee of the Gity
GGURGilupon 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
Ordinance No. 6532
September 23, 2014
Page 19
DI.0 Page 27 of 86
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.
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, ,eitheFbefe e-the hull GQYnGil Or be Fe a GG RGil GnF,rilitte , 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 28. 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:
---------------
Ordinance No. 6532
September 23, 2014
Page 20
DI.0 Page 28 of 86
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 plapRiRg 9F-of community development and public works
do tnr in their area of re6PGR6ioljl� , 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 �
h proposed changes shall be reviewed by the planning and deelnnmen+
GO ttee -ef the Gity GOURnil OF its surr,eessef director 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 c-se ttee-- sha -fl rmaka —a
reGammendationproposed 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 GGMFnRttee- proposed change shall be ereferred to
the nhanne +n the hearing examiner tannin commission which c 4he
ev�shall conduct a public hearing and make a recommendation to the city
council. (Ord. 6382 § 2, 2011.)
Section-29. 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
ity council. (Ord. 6419
§ 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.)
Section 30. 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,
GGURGil, upon its own rnetlp-n 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.
Ordinance No. 6532
September 23, 2014
Page 21
DI.0 Page 29 of 86
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
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. 4.229 §
2, 1987.)
Section 31. 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.
Ordinance No. 6632
September 23, 2014
Page 22
DI.0 Page 30 of 86
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 ci council is
weFkSSseMmittee whether the variation should be approved. The public —wee
ttee -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.
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.
Ordinance No. 6532
September 23, 2014
Page 23
DI.0 Page 31 of 86
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 32. 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 publis heargmeeting.
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 additiona_1 14
calendar days will be allowed to determine whether the application is complete. Once
the application is determined complete, written notice will be provided following the
procedure outlined in this subsection. If the applicant needs additional time to respond,
the applicant may request up to an additional 30 calendar days. If a response is not
timely received, the application will be returned to the applicant with a notice that the
application is rejected due to failure to provide the required information. Any new
applications will require a new application fee.
B. When satisfied that the application is complete, the city engineer will notify
the applicant in writing that the application is complete and inform applicant of the
schedule for consideration by the
the -city council that it SGhedule a publio heaFing. The city clerk will notify the applicant in
writing of the scheduled heaFi4gmeetirig. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.)
Section 33. 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.
Ordinance No. 6532
September 23, 2014
Page 24
DI.0 Page 32 of 86
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
FeGQFA -F'"e g setting the puhlG heaFinn by the city council. Qnr-c r.;;ficrrviPd aq Ath-
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 34. 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
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 srhed le the issue 44
Ordinance No. 6532
September 23, 2014
Page 25
DI.0 Page 33 of 86
process for consideration of the matter by the city council. Once
an acceptable draft lease agreement has been
Prepared, the Gornh;i ee will determine if inn. a mer� r�nm4a p bliG hea FiRA
GT-Tr V'1lTQ' determine TIC '�Tf
sesil -city clerk will schedule tea hearing before the ci council 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 Cily Code. That Chapter 2.06 of the Auburn
City Code be, and the same hereby is, amended to read as follows:
Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.045
2.06.050
2.06.060
Chapter 2.06
CITY COUNCIL'
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 W-A7:00 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.; 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.
(Ord. 5802 § 1, 2004; Ord. 3916 § 1, 1983; 1957 code § 1.04.010.)
1 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 23, 2014
Page 26
DI.0 Page 34 of 86
2..06.020 Meetings — Place.
Except as specifically set in locations in Auburn other than at City Hall far
articular meetings, and with appropriate ublic notice A�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 505:30 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 that lend themselves to the agendas of the
standing Gamm4teesstudy sessions,, and —kh ` at o not in their nrerent form or-stage stag 0
deyelepment lend themselves to ". •5rer,ri ks Gf the 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.
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.)
---------------
Ordinance No. 6532
September 23, 2014
Page 27
DI.0 Page 35 of 86
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 36. Repeal of Section of City Code. That Section 12.20.050 of
the Auburn City Code be, and the same hereby is, repealed.
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. Severability. The provisions of this ordinance are declared
to be separate and severable. The irivalidity 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, and
on November 1, 2014.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS, MAYOR
? The rules of procedure of the city council are adopted by reference as Exhibit "A" to Ordinance 5802,
and amended by Resolution No. 4282, Resolution No. 4429, Resolution No. 4467, Resolution No..4615,
Resolution No. 4686, Resolution No. 4740, Resolution No. 4813, Resolution No 4909 and Resolution No.
5105, and may be found on file in the city clerk's office.
Ordinance No. 6532
September 23, 2014
Page 28
DI.0
Page 36 of 86
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6532
September 23, 2014
Page 29
DI.0 Page 37 of 86
TEXT OF REPEALED CODE SECTION
12:20.050 Width. [DRIVEWAYS]
Unless deviation is granted by the public works committee of the city council, the
widths shall be in conformance with the city of Auburn design and construction
standards and the city of Auburn construction details. (Ord. 5143 § 1, 1998; Ord. 3866 §
2, 198.3; Or. 2980 § 1, 1976; 1957 code § 8.14.040.)
Ordinance No. 6532
September 23, 2014
Page 30
DI.0 Page 38 of 86
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 adapted 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
DI.0
Page 39 of 86
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 I 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
DI.0
Page 40 of 86
Exhibit A — Resolution No. 5105
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION 1
AUTHORITY
1
SECTION 2
COUNCIL MEETINGS
1
SECTION 3
ORDER OF BUSINESS OF REGULAR COUNCIL MEETING
AGENDA
3
SECTION 4
COUNCILMEMBER.ATTENDANCE AT MEETINGS
10
SECTION 5
PRESIDING OFFICER - DUTIES
11
SECTION 6
COUNCILMEMBERS
12
SECTION 7
DEBATES
12
SECTION 8
PARLIAMENTARY PROCEDURES AND MOTIONS
13
SECTION 9
VOTING
15
SECTION 10
COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
16
SECTION 11
PUBLIC HEARINGS AND APPEALS
16
SECTION 12
DEPUTY MAYOR SELECTION PROCESS
17
SECTION 13
COUNCIL POSITION VACANCY
18
SECTION 14
COUNCIL MEETING STAFFING
19
SECTION 15
COUNCIL RELATIONS WITH STAFF
19
SECTION 16
COUNCIL STUDY SESSIONS, _COMMITTEES AND CITIZEN
ADVISORY BOARDS
20
SECTION 17
COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
26
SECTION 18
TRAVEL AUTHORIZATION
29
SECTION 19
CONFIDENTIALITY
30
SECTION 20
ENFORCEMENT OF RULES OF PROCEDURE
30
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
Ali 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.
DF.q&,e 1 Page 41 of 86
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 7-4-47:00 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-.497:00 p.m. on the first business day following the
holiday.
The Presiding Officer shall be asset forth in Section 5.1 herein.
The Presiding Officer shall be seated at the center of the dais, and the Deputy
Mayor shall be seated to the Presiding Officer's immediate left. When the
Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the
Deputy Mayor shall be seated in the center of the dais. The seating arrangement
for the other members of the Council shall be as directed by the Council
Operations Committee.
[See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord.
3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC
2.06.080 (1957 code § 1.04.090).]
' 2.03.100 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, dQ for including in these 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.)
DF.tge 2 Page 42 of 86
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 subiect to First and Second Readings prior to final approval
by the City Council.
D�.ige 3 Page 43 of 86
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. Resolution slconsent 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:
14 A. Call to order.
The Presiding Officer shall call the meeting to order.
B. Roll call.
The City Clerk will call the roll. Counciimembers 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.
134 C. , €lag- salutePledge of Allegiance.
The Presiding Officer, Council members and, at times, invited guests will
lead the flag salute.
34 D. Announcements, Proclamations and Presentations
D�.�Te 4 Page 44 of 86
Exhibit A — Resolution No. 5105
A proclamation is defined as an official announcement made by the
Presiding Officer or the City Council regarding a non - controversial event,
activity or special interest group which has a major city -wide impact.
3-5- 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.
3-6 F. Agenda modifications
Changes to the Council's published agenda are announced at this time.
3.7 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.
3-3 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.
1 3-8 I. Correspondence
D&te 5 Page 45 of 86
Exhibit A — Resolution No. 5105
- -
- an - - 7=1
`-
- W-0-141.000, --
`- - -
- - -
resell tmoR
rc-.svrarrarr.
3mii J. Consent Agenda
Approval of the Consent Agenda, incl'ud'ing items considered to be routine
and no 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.
Al. Approval of minutes.
€2. Fixing dates for public hearings and appeals.
S3. Approval of claims and vouchers, bid awards and contracts.
04. Approval of surplus property.
€5. Other items designated by the City Council.
1 34-2 K Unfinished Business
Unfinished business of a general nature and that it was removed from the
Consent Agenda for separate discussion and action.
3-1-3 L. New Business
Business, other than ordinances and resolutions, that has not been
previously before the City Council.
344 M. Ordinances
I. 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
1.iMe 6 Page 46 of 86
Exhibit A — Resolution No. 5105
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.
2. First & Second Readinq
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_
at a First and Second Reading, as follows:
a. First Reading. The First Reading of an Ordnance shall take.place.at
a Regular City Council Meeting.
1. The Ordinance shall be included on the Meeting Agenda
under Ordinances and shall include the indication of "First
Readirig."
2. The Ordinance shall be read by the City Attorney, in
accordance with Section 3.2 Para 'ra h M of these Rules.
3. The Ordinance shall be placed before the City Council. by a
motion to adopt_or approve the Ordinance,_ which motion shall
be seconded.
a) After the motion is seconded, Councilmembers may
discuss the merits of or issues related to the Ordinance.
b) If there is no second to the motion, the motion dies.
c) Discussion on the motion shall be in accordance with
Section 7 of these Rules.
dl---There shall be no vote on the motion until after the
Second Reading, unless the Second Re_ ading is waived as
provided_ for below.
Waiver of Second Reading. The City Council may choose to waive
the Second Reading of an Ordinance if it feels the need for expedience in
adopting or acting on the Ordinance.
1. Waiver of Second Reading be made by a motion to
waive the Second Reading, duly seconded and approved by a
majority of Councilmembers present.
DRS 7 Page 47 of 86
Exhibit A —Resolution No. 5105
2. If the Second Readinq is waived, the city Council may
approve or act on the Ordinance at the point in the agenda
following the approval of the motion to waive Second Reading.
b. Second Reading. The Second Reading of an Ordinance shall take
place at the Regular City Council Meeting next following the date of the
Regular City Council Meeting of the First Reading of the Ordinance.
1. The Ordinance shall be included on the Meeting Agenda
under Ordinances and shall include the indication of "Second
Reading."
2. The Ordinance shall be read by the. City Attorney, in
accordance with Section 3.2 Paragraph M of these Rules.
3. No new motion is necessa to lace the Ordinance before
the City Council if a motion to adopt or approve_ the Ordinance
was duly made and seconded on the date of the meeting of the
First Reading. Councilmemb_ers may discuss the merits of or
issues related to the Ordinance.
a) Discussion on the motion shall be in accordance with
Section 7 of these Rules.
b) Following discussion on the motion, the City Cooncil
may vote on the motion or take such other action as is
appropriate under these Rules_ of Procedure or other
appropriate rules of parliamentary procedure.
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 Geer i#ee 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
De 11 Page 48 of 86
Exhibit A — Resolution No. 5105
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.
1345- 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 councilme_mbers in attendance at the council
meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the resolution without simply
repeating the resolution title as read by the City Attorney, and the
councilmember may choose to comment on any results of Gemmi��
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.
1 3:460 Councilmember Reports
Councilmembers may report on their significant city activities since the last
regular meeting. Councilmembers shall limit their reports to not more than
three (3) to five (5) minutes.
[OPTION: At this time the Mayor and City Council may report on
significant items associated with _their appointed positions on federal,
state, regional and local organizations.]
Dftge 9 Page 49 of 86
Exhibit A — Resolution No. 5205
a,-1-7P. 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 w4l-shall inform the Mayor or the City Clerk if they are unable to
attend any Regular Council meeting or Study Session_ , 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 shall 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 shall--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 w+4l- should inform the Chair of such of Committees or the
City Clerk if they are unable to attend any meetings of such Council Committees,
of shall vso and should inform the Chair or City Clerk if they knewiRgly wi#e.Kpect
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 will shall show the
Councilmember as having an excused absence for that meeting. Provided that
excessive, continued or prolonged absences shal.4 - may ybe addressed by the City
Council on a case by case basis.
4.3 Councilmembers shall attend the Special Meetings of the City Council.
f Councilmembers, wilt -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
xpect 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 wilt -shall show the Councilmember
as having an excused absence for that meeting. Provided that excessive,
continued or prolonged absences shall may addressed by the City Council on
a case by case basis.
Ow. 10 Page 50 of 86
Exhibit A —Resolution too. 5105
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:
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 council-member who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first,
and provided that the Presiding Officer may also allow discussion of an
issue prior to the stating of a motion when such discussion would facilitate
wording of a motion;
E. May affix approximate time limit for each agenda item;
F. When matters on the agenda are placed, or are able to be placed under
more than one classification or category, as defined by the Order of
Business, and the matters involve or are closely related to other subject
matter, then the Presiding Officer may, in the Presiding Officer's
discretion,, present such matters before the Council, for discussion,
DMW 11 Page 51 of 86
Exhibit A — Resolution No. 5105
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.
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
d.tge 12 Page 52 of 86
Exhibit A — Resolution No. 5105
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).]
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 roil call vote, and point of order or privilege; therefore a
second is not needed.
Df.i:Ige 13 Page 53 of 86
Exhibit A -- Resolution No. 5105
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
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 ques #ion 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.
DF.Lge 14 Page 54 of 86
Exhibit A — Resolution No. 5105
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.
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
oage 15 Page 55 of 86
Exhibit A —Resolution No. 5105
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).]
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
Efiar 16 Page 56 of 86
Exhibit A —Resolution No. 5105
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:
A. The Department Director or designee shall present the issue to the
Council and respond to questions.
B. A person may speak for three (3) minutes. No one may speak for a
second time until everyone who wishes to speak has had an opportunity to
speak. The Presiding Officer may make exceptions to the time restrictions
of persons speaking at a public hearing when warranted, in the discretion
of the Presiding Officer.
C. The City Clerk shall serve as timekeeper during these hearings.
D. After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in
further debate.
E. The hearing will then be closed to public participation and open for
discussion among Councilmembers.
F The Presiding Officer may exercise changes in the procedures at a
particular meeting or hearing, but the decision to do so may be overruled
by a majority vote of the Council.
SECTION 12 - DEPUTY MAYOR
Dftge 17 Page 57 of 86
Exhibit A— Resolution No. 51.05
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:
antra- 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 G*City se.wnsRCouncil
• Assist in new councilmember training
• Support cooperative and interactive relationships among council members
• Work with Administration to prepare agendas for ^^tea- Council Committee
of the whele -Whole meetings
Mayor - Council Relations
• Help maintain a positive and cooperative relationship between the naayeFMayor
and the s*C_ ity seuR4+l- Council
• Act as conduit between the r ep Mayor and the G*City seeesil- Council on
issues or concerns relating to their duties
Intergovernmental and Community Relations
• Act in absence of nnayer-Mayor as requested and/or as required
• Be aware of all G City regional and intergovernmental policies and activities in
order to be prepared to step into the role of Mayor if necessary
• Serve as the Chair of the City's Emergency Management Compensation Board
[See former ACC 2.06.090 (1957 code § 1.04.100).]
SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE
13.1 In the event that an unexpired Council position becomes vacant, the City Council
has ninety (90) days from the occurrence of the vacancy to appoint, by majority
vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to
State law. The Council may make such appointment at its next regular meeting,
or at a special meeting called for that purpose. If the Council does not appoint a
person within the ninety (90) day period, the Mayor may make the appointment
from among the persons nominated by members of the Council.
13.2 In the event of extended excused absences or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro
Tempore to serve during the absence or disability.
DP. 'Me 18 Page 58 of 86
Exhibit A — Resolution No. 5105
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.
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 e; being initin4erl through tha
DRS 19
Page 59 of 86
Exhibit A — Resolution No. 5105
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 comeback _ before the City Council at
Regular Council Meetin s. Different than the format for Regular Council Meetings
identified in Section 3 hereof), Study Sessions shall be less formal than Re ular
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 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 Times:
1. First meetinq of the month - Regular Council meeting - - 7:00 PM.
2. Second meetincLof 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.
B. Study Sessions should conform to the following:
1. Four or more Councilmembers shall constitute a guorurn for Stud
Sessions.
2. Two and one half hours maximum timeframe (goal .
1 ' Committee of the Whole meetings may be cancelled if not needed, but would be regularly scheduled.
DIp &e 20 Page 60 of 86
Exhibit A - Resolution No. 5105
3. Maximum of five agenda items (goal).
4. Timeframe per agenda item - up to 30 to 40 minutes.
5. Meeting facilitation - the Mayor shall preside over /conduct Stud
Sessions.
6. Agenda items should relate to future policy- making, . strategic_ planning
or keV state or federal issues affecting current or future city, operations.
7. Agenda items should be substantive (e.q., traffic impact fee
increase proposals, comprehensive plan updates, rather than _d_ay -to=
day operational issues. f Non - substantive_ items (e.q., accepting a grant,
authorizing contract bidding, etc.) should go directly to the Regular City
Council meeting._
C. Study Session Meeting Format
1. Call to Order
The Presiding Officer shall call the meeting.
2. Roll call
The City Clerk will call the roll. Councilmembers may re nest to be
excused from a meeting by requesting the same of the Mayor or City
Clerk in advance of the meeting. The reason for the request shall be
given at the time of the request.
3. Announcements, Reports and Presentations
The Presiding Officer shall provide any announcements, reports or
presentations that need to be shared with the City Council in advance
of the agenda discussion items. After that these announcements,
reports or presentations, city Council members may have questions or
wish to discuss the issues at this time or request that they te_put on a
future StudV Session agenda for further discussion.
4. Agenda items for Council Discussion.
The Presidinq Officer shall announce each of the various items that are
on the agenda for Council discussion, and, as warranted, request a
preliminary report from. staff or a consultant or other individuals?
involved in the issue.
DT.irge 21 Page 61 of 86
Exhibit A — Resolution Igo. 5105
After such report(s), if any, the Presiding_ Officer shall open the floor for
Council discussion on the agenda items in their order on the agenda,
unless adifferent order is approved by a majority of the
Councilmembers present.
Council discussion shall be in conformity with the provisions of Section
7 of these rules other than the re uirement that there be a motion
before Council discussion.
At the conclusion of the discussion, or at the point the Council feels its
questions have been answered and discussion vetted, the Presidinq
Officer shall move the attention of the Council to the next discussion
item on the agenda: provided that .if after a lengthy discussion _on a
particular agenda item, the Presiding Officer concludes that discussion
should be continued to a later date, the Presiding Officer may conclude
discussion on that agenda item and schedule the matter for a later
Study Session.
5. Other Discussion Items
The Presidinq Officer and/or members of the City Council may bring up
other discussion items to be discussed at this time or to be scheduled
for discussion at a future Study Session; provided that if the Presiding
Officer concludes that there is not sufficient time to discuss or continue
discussing the topic, the Presiding Officer may defer discussion or
continued discussion to a future Study Session.
6. Council Motion on Ruling of Presidinq Officer.
Any-parliamentarian _ruling- by_ the Presiding Officer may be overruled
by the City Council, through a motion, duly seconded and approved_ by
a maFority of the Councilmembers present.
7. Adiournment
The Presiding Officer shall adjourn the Study Session after conclusion
of discussion on the agenda items.
16.2 The Standing Committees of the City Council of the City of Auburn axis as
follows:
- -
C� 22 Page 62 of 86
Exhibit A — Resolution No. 5105
L i MI
011
11141 l
M
l 1
i
L i MI
011
11141 l
i
AN
1
/ e
� �
1
■!< 1lll[�lll�
1 1�
1
L i MI
011
11141 l
i
AN
1
/ e
� �
1
t I
1
•
l
r
l I IM
1
DRS 23 Page 63 of 86
1
/ e
� �
1
t I
1 l
DRS 23 Page 63 of 86
Exhibit A — Resolution No. 5105
F — COUNCIL OPERATIONS COMMITTEE:
There is created and established as a Standing Committee of the City
Council a Council Operations Committee for the si# City Gpu44aCouncil,
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 Councilrhember. 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. 44
pFevided, owevep, th ri-_C_ 96fgG4ne $ weseterm Of nffire will evpiir8
rlriGF tG OF dUFinn the fire} meetinn of a _new city ('n„nril and who have not
t +e fiF °Qt- i7�retlnTTg -CT -a- ReW Gity GOUR il Shall Pet be allowed }rte mote at
cn,mril_ ef the membership f_f the neawu ren;mitteor
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 the- standing and ad-
hoc committees of the City Council and designation of the Chairs and V_ ice
Chairs thereof. in ad.ditlen, the GeURGil GpeFat_iens .
a 100 of the proposed members of all standing rommittees of the Gity
„r+nil O eratlnne G G FnMi#t=e4shall alto renernmend the Ghair fQr each
standing committee of the Gity GeURril whirh roromrrmendatinns shall also
be subjee_t'to appFGyal by -a ajWitii__vote of the enureGity Goi inril. The
membership of all standing and ad -hoc committees of the City Council
shall consist exclusively of Councilmembers. EaGh shaiF of ally stan4ipg
appGiRt a non membeF of the standing Gemmittee, from the Gity GGWRGil to
���
14 Page 64 of 86
Exhibit A — Resolution No. 5105
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).]
1623 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.
16.34 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.
16.43 Advisory Boards, Committees and Commissions established by ordinance,
consisting of citizens appointed pursuant to the establishing Ordinance and
Dlf.age 25 Page 65 of 86
Exhibit A —Resolution No. 5105
serving in the capacity and for the purposes indicated in the Ordinance, shall act
as an advisory committee to the City Council.
16.66 Committee Chairpersons shall have broad discretion in conducting their
meetings_. They will generally follow Roberts Rules of Order, Newly Revised.
16.67 Committee - .Ghairper-sees, T :y of, �f *mcmbers -a the Committee, y
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 the in..connection with or related to the agenda item
being discussed by the Committee,
e bee: of the Gomm I� ding m h s of the City GO Unni1 who are in
R6R- FRc.�7in�asrvT- cnc�rnrrrl� , �efl�uefvvrcrr�vn
fie. 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 aDy 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).
16.78 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 e+;
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
DR .r26 Page 66 of 86
Exhibit A —Resolution No. 5105
may be said or how the discussion should go to control or minimize the City's
liability risk and exposure.
17.2 Councilmembers need to have other Councilmember's concurrence before
representing another Councilmember's view or position with the media, another
government agency or community organization.
17.3 Councilmembers shall not knowingly communicate with an opposing party or with
an opposing attorney in connection with any pending or threatened litigation in
which the City is a party or in connection with any disputed claim involving the
City without the prior approval of the City Attorney, unless the Councilmember is
individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember's role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act Ito 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 OF Gommi+ +oa rnemhorn
Councilmembers should refrain from emailing Councilmembers about
such agenda items. Councilmembers should be prepared to
communicate about matters that are on upcoming Committee agendas-
of-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 domrvmittee ..r 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 QemmAee'&^City Council's
authority or related to City business, but not yet scheduled on upcoming
Gom m 0Koo ^r 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.
Df.'?!e 27 Page 67 of 86
Exhibit A —Resolution No. 5105
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet & Electronic Resources/Equipment Use.
A. Policy. It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
03, "Internet & Electronic Resources/Equipment Use — Elected Officials"
adopted hereby and incorporated herein by this reference.
It is important to note that all letters, memoranda, and interactive computer
communication involving City Councilmembers and members of advisory
boards and commissions, the subject of which relates to the conduct of
government or the performance of any governmental function, with
exceptions stated by the Public Records Act (RCW 42.56), are public
records.
B. Electronic Communications.
(1) Informal messages with no retention value and that do not relate to
the functional responsibility of the recipient or sender as a public
official, such as meeting notices, reminders, telephone messages
and informal notes, do not constitute a public record. Users should
delete these messages once their administrative purpose is served.
(2) All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record.
Such records are subject to public inspection and copying.
(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 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
DRe 28 Page 68 of 86
Exhibit A — Resolution No. 5105
individuals other than the intended recipients, or the attorney - client
privilege protecting the document from disclosure may be waived.
(5) Electronic communication between Councilmembers and between
Councilmembers and staff shall not be transmitted to the public or
news media without the filing of a public disclosure request with the
City Clerk.
(6) As a cautionary note, if an elected public official uses his or her
personal home computer to send electronic communications
dealing with City business, the electronic communications and
electronic records may be subject to discovery demands and public
disclosure requests. That possibility amplifies the need for caution
in how one uses electronic communication for City business.
17.6 Different than where a City Councilmember is appointed by the City Council or
the Mayor to serve as a member of a board, commission, committee, task force
or any other advisory body, the City Council may appoint a Councilmember to
serve as a non - member Liaison to a board, commission, committee, task force or
any other advisory body. Anytime a Councilmember is appointed as such a
Liaison, the position or role of Liaison is subordinate to that of Councilmember,
and the Councilmember's responsibility is first and foremost to the City and to the
City Council. The role and responsibility of the Councilmember- Liaison is to Keep
the City Council and Ge innil i''ommittee 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
d. ."e 11 Page 69 of 86
Exhibit A — Resolution No. 5105
motion, approve the request by a majority vote of a quorum of the City Council at
the meeting in which the matter is considered.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive Sessions, to ensure that the City's
position is not compromised. Confidentiality also includes information provided to
Councilmembers outside of Executive Sessions when the information is
considered by the exempt from disclosure under exemptions set forth in the
Revised Code of Washington.
SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE
20.1.1 Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and
notwithstanding whatever other enforcement mechanisms may exist for legal,
ethical or practical obligations on Councilmember performance or conduct,
violations of these Rules of Procedure by Councilmembers may be enforced by
action of the City Council through sanctions such as votes of censure or letters of
reprimand, and such other action as may be permitted by law.
�e 30 Page 70 of 86
Exhibit A — Resolution Flo. 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
DI .tge 31 Page 71 of 86
To:
City Councilmembers
Interoffice Memorandum
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 3"d & 4t), 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.0 Page 72 of 86
Memo To: City Councilmembers
From: Daniel B. Heid, City Attomey
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 worts on the issues facing the City at Council Meetings.
The advantages of this approach would include eliminating the current ba_me_rs 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 Council members, 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, N 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.0 Page 73 of 86
Memo To: City Councilmembers
From: Daniel B. Heid, City Attomey
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 Councilm embers 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.0 Page 74 of 86
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.
DRAFT 8 -18 -14
J.a,ge 1
Page 75 of 86
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 fnd.ings 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 Comrittee 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.
DRAFT 8 -18 -14
eae 2 Page 76 of 86
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)?;
• 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.
DRAFT 8 -18 -14
D?.�Me 3 Page 77 of 86
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 spec ifes that recommendations for leak adjustments
made by the Public Works Committee will be at
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 unb.udgeted expenditures not
individually and separately listed in the City's annual budget in excess of $25,000.00,
DRAFT 8 -18 -14
01F 4
Page 78 of 86
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 Councii 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 ihat.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.
DRAFT 8 -18 -14
gee 5
Page 79 of 86
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
of dent and effective use of the options available for contracting work.
DRAFT 8 -18 -14
Egan 6
Page 80 of 86
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
DRAFT 8 -18 -14
&aF 7
Page 81 of 86
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 Humber 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 a11 of the Cou_ncilmembers 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
DRAFT $ -18 -14
CPIe 8 Page 82 of 86
councilmembers have questions about the quarterly financial report, those could be
directed to the Mayor or to the Finance Director.
DRAFT 8 -18 -14
UI. e 9
Page 83 of 86
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
' 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
DqF�O7 - 8 -7 -14 Page 84 of 86
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
committees].
• 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. 8:04 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
equ.ivalent in Community Development and Public Works).
DRAFT - 8 -7 -14
DP.?&c 1 Page 85 of 86
• 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 counc'ilmembers 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
committees.
• 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
DPtgeI
Page 86 of 86